Title XXXIII — EVIDENCE AND LEGAL ADVERTISEMENTS

491.170. Witness attached, may be discharged on bail. — When a writ of attachment, authorized by section 491.160, shall be executed, the sheriff or other officer shall discharge such witness, on his entering into a recognizance to the state of Missouri, with sufficient security, …

491.180. Penalty where party refuses to attend and testify. — If a party, on being duly summoned, refuse to attend and testify, either in court or before any person authorized to take his deposition, besides being punished himself as for a contempt, his petition, answer or reply …

491.190. Fine for nonattendance. — The court shall have power to impose a fine, not exceeding fifty dollars, on every person duly summoned as a witness, who shall not appear and testify; which fine may be remitted, for good cause shown, at the term to which he is summoned, or the…

491.200. Penalty for refusing to testify. — A person summoned as a witness, and attending, who shall refuse to give evidence which may lawfully be required to be given by such person, on oath or affirmation, may be committed to prison by the court, or other person authorized to t…

491.205. Court may compel testimony, witness immunity, exception, when, penalty. — 1. In the case of any individual who has been or may be called to testify or provide other information at any proceeding ancillary to or before a circuit or associate circuit court or grand jury of…

491.210. Witness not excused from testifying, when. — No competent witness in a case shall be excused from answering a question relevant to the matter in issue, on the ground that the answer to such question may tend to establish the fact that such witness owes a debt or is other…

491.220. Witness, when free from arrest. — Witnesses shall be privileged from arrest in all cases, except treason, felony and breach of the peace, during their attendance on any court, or where their attendance is required by subpoena, and in going to and returning thence, allowi…

491.230. Power to issue writ of habeas corpus — persons detained in correctional facility shall not attend civil proceeding — exceptions — conditions. — 1. Courts of record, and any judge or justice thereof, shall have power, upon the application of any party to a criminal suit o…

491.240. Writ to obtain witness from county jail. — Such writ may also be issued by any such court, judge or justice thereof, upon application of a party to a suit or proceeding pending before any officer authorized to examine witnesses, to bring any person confined in the jail o…

491.250. Application for writ. — An application for such writ shall be verified by affidavit, and shall state the title and nature of the proceeding in which the testimony of the prisoner is desired, the court or officer before whom pending, and that the testimony of such prisone…

491.260. Application of prosecuting officers. — When such application shall be made by the attorney general, prosecuting or circuit attorney, or other public prosecutor, it shall not be necessary to swear to the truth of the facts set forth in the application. ­­-------- (RSMo 19…

491.270. Prisoner to be remanded after testifying. — A prisoner who shall be brought before any court, public body or officer, upon a writ of habeas corpus, to testify, shall be remanded, after having testified, to the prison from which he was taken. ­­-------- (RSMo 1939 § 1913)…

491.280. Fees of witnesses. — 1. Witnesses shall be allowed fees for their services in the amount of twenty-five dollars per day plus a mileage allowance determined as provided in section 33.095. 2. Each witness may be examined on oath by the court or by the clerk when the court …

491.290. Fees, how paid. — The clerk of each court of record shall, on the application of any witness to have his fees allowed, enter on his book, under the title of the cause in which the witness was summoned or recognized, or if before the grand jury, the name of the witness, t…

491.310. Associate circuit judge to issue subpoenas. — The associate circuit judge shall issue subpoenas for witnesses at the instance of either party, and shall include all the witnesses ordered at the same time by a party in one subpoena. ­­-------- (RSMo 1939 § 2649, A.L. 1945…

491.320. Validity of subpoena. — A subpoena issued by an associate circuit judge shall be valid to compel the attendance in an associate circuit judge's court of a witness, as provided in sections 491.010 to 491.270. ­­-------- (RSMo 1939 § 2650, A.L. 1945 p. 765 § 86) Prior revi…

491.330. Associate circuit judge may order witness attached, when. — Whenever it shall appear to the satisfaction of the associate circuit judge that any person duly subpoenaed to appear before him in a suit shall have failed without just cause to attend as a witness in conformit…

491.340. Attachment to be executed as in criminal cases — cost. — Every such attachment may be directed to any sheriff or other officer provided by law of the county in which the witness resides, and shall be executed in the same manner as a warrant in a criminal case; and the fe…

491.350. Penalty for failure to obey subpoena without excuse. — If any witness so attached shall show a reasonable excuse for not appearing, as required by the subpoena, he shall be discharged, either with or without payment of the costs of the attachment, in the discretion of th…

491.360. Continuance of case — associate circuit judge to notify witnesses. — When any cause shall be continued by the associate circuit judge, it shall be his duty forthwith to call before him all witnesses summoned in the cause, and verbally notify such as may attend to appear …

491.370. Cost of surplus witnesses paid by whom. — If either party subpoena more than three witnesses to prove any one fact, or shall subpoena any person or persons and not examine them as witnesses on the trial, he shall pay the costs occasioned by such surplus or unnecessary wi…

491.380. Competency of witnesses, how determined — oath of witnesses. — 1. If a witness, on being produced, shall be objected to as incompetent, such objection shall be tried and determined by the associate circuit judge. 2. Every person offered as a witness, before any testimony…

491.400. Definitions. — As used in sections 491.400 to 491.450 the following terms mean and include: (1) "State", any territory of the United States and District of Columbia. (2) "Summons", a subpoena, order or other notice requiring the appearance of a witness. (3) "Witness", a …

491.410. Summoning witness in this state to testify in another state. — 1. If a judge of a court of record in any state which by its laws has made provision for commanding persons within that state to attend and testify in this state certifies under the seal of such court that th…

491.420. Witness from another state summoned to testify in this state. — 1. If a person in any state, which by its laws has made provision for commanding persons within its borders to attend and testify in criminal prosecutions, or grand jury investigations commenced or about to …

491.430. Exemption from arrest and service of process. — 1. If a person comes into this state in obedience to a summons directing him to attend and testify in this state he is not, while in this state pursuant to such summons, subject to arrest or the service of process, civil or…

491.440. Uniformity of interpretation. — This law shall be so interpreted and construed as to effectuate its general purpose to make uniform the law of the states which enact it. ­­-------- (L. 1959 H.B. 295 § 6)

491.450. Short title. — This law may be cited as the "Uniform Law to Secure the Attendance of Witnesses from Within or Without a State in Criminal Proceedings". ­­-------- (L. 1959 H.B. 295 § 1)

491.600. Courts with criminal jurisdiction may issue orders to protect witness or victim. — Any court with jurisdiction over any criminal matter may, in its discretion, upon substantial evidence, which may include hearsay, that intimidation or dissuading of any person who is a vi…

491.610. Violation of protective orders, penalties. — Any person violating any order made pursuant to section 491.600 may be punished in any of the following ways: (1) For any substantive offense described in section 575.270 where such violation of an order is a violation of sect…

491.620. Pretrial releases of defendant conditional — notice of prohibited witness tampering activities required. — 1. Any pretrial release of any defendant whether on bail or under any other form of recognizance shall be deemed as a matter of law to include a condition that the …

491.640. Prosecutors coordinators training council may provide for security of witnesses and families, when — powers — request by law enforcement agencies, content — delegation of program administration, to whom. — 1. The prosecutors coordinators training council, as established …

491.641. Pretrial witness protection services fund created — use of moneys — application, contents, closed record. — 1. (1) There is hereby created in the state treasury the "Pretrial Witness Protection Services Fund", which shall consist of moneys collected under this section. T…

491.675. Citation of sections 491.675 to 491.705. — The provisions of sections 491.675 to 491.705 shall be known and may be cited as the "Child Victim Witness Protection Law". ­­-------- (L. 1985 H.B. 366, et al. § 7, A.L. 1987 H.B. 598)

491.678. Child defined. — For purposes of sections 491.675 to 491.693, the term "child" means a person under seventeen years of age who is the alleged victim in any criminal prosecution under chapter 565, 566 or 568. ­­-------- (L. 1985 H.B. 366, et al. § 8) Effective 7-19-85

491.680. Court may order video recording of alleged child victim, when — procedure — transcript — exclusion of defendant from proceedings, opportunity to review — cross-examination. — 1. In any criminal prosecution under the provisions of chapter 565, 566 or 568 involving an alle…

491.685. Defendant may be excluded from child victim deposition proceedings, when. — 1. On motion of the prosecuting attorney, the court may exclude the defendant from any or all deposition proceedings at which the child is to testify. However, where any such order of exclusion i…

491.687. Court may order videotaped reexamination, when. — At any time prior to trial, and for good cause shown, the court may, upon motion of any party, order a videotaped reexamination of the child where the interests of justice so require. ­­-------- (L. 1985 H.B. 366, et al. …

491.690. Provisions of sections 491.675 to 491.693 not to apply where defendant has waived right to counsel — exceptions. — Where a defendant has waived the right to counsel and elected to represent himself, the provisions of sections 491.675 to 491.693 shall not apply, except in…

491.693. Testimony to be under oath. — All testimony taken under sections 491.675 to 491.693 shall be under oath. ­­-------- (L. 1985 H.B. 366, et al. § 13) Effective 7-19-85

491.696. Child defined — videotaped testimony for juvenile court hearings. — For purposes of sections 491.696 to 491.705, the term "child" means a person seventeen years of age or under who is the alleged victim of sexual abuse, physical abuse, or neglect as such terms are define…

491.699. Juvenile court hearings — court may order video recording of alleged child victim, when — procedure — cross-examination — counsel appointed for perpetrator, when. — 1. Upon the motion of the juvenile officer, the court may order that an in-camera videotaped recording of …

491.702. Perpetrator may be excluded from child victim deposition proceeding, when — sequestration of victim — review of tapes required, when. — 1. On motion of the juvenile officer, the court may exclude the alleged perpetrator from any or all deposition proceedings at which the…

491.705. Court may order videotaped reexamination, when — testimony to be under oath. — 1. At any time prior to a hearing, and for good cause shown, the court may, upon motion of any party, order a videotaped reexamination of the child where the interests of justice so require. 2…

491.710. Hearings involving child witnesses given docket priority — delays or continuances granted, when. — In all criminal cases and juvenile court hearings under chapter 211 involving a child victim or witness, as defined in section 491.678 or 491.696, the court shall give dock…

491.725. Citation of law — definitions — applicability. — 1. This section shall be known and may be cited as the "Child Witness Protection Act". 2. As used in this section, the following terms shall mean: (1) "Child", a person fourteen years of age or under, or at the discretion …

492.010. Officers and notary public authorized to administer oaths. — Every court and judge, justice and clerk thereof, notaries public, certified court reporters and certified shorthand reporters, shall respectively have power to administer oaths and affirmations to witnesses an…

492.020. Oaths required to be taken before particular officer may be taken before others, when. — Whenever any oath or affirmation is required by law to be taken before a particular court or officer, the same may be done before any other court or officer empowered to administer o…

492.030. Parties may affirm, when. — Every person who shall declare that he has conscientious scruples against taking an oath or swearing in any form shall be permitted to make his solemn declaration or affirmation in the following form: "You do solemnly declare and affirm", etc.…

[Repealed or reserved.]