reglab/statecodes huggingface dataset:
2023 Missouri Revised Statutes › Title XXXVII - Criminal Procedure › Chapter 545 - Proceedings Before Trial › Section 545.340 - Disobedience to subpoena, how punished.

Title XXXVII CRIMINAL PROCEDURE
Chapter 545
Effective - 28 Aug 1939
545.340. Disobedience to subpoena, how punished. —
Disobedience to any such subpoena shall be punished in the same manner and upon like proceedings as provided by law in civil cases; and every delinquent witness shall be liable to the party at whose instance he was summoned, in the same manner and to the same extent as in cases of witnesses summoned in a civil suit.
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(RSMo 1939 § 4008)
Prior revisions: 1929 § 3619; 1919 § 3962; 1909 § 5169
CROSS REFERENCE:
Attendance of witness, how enforced, 491.140 to 491.170, 491.190
2023 Missouri Revised Statutes › Title XXXVII - Criminal Procedure › Chapter 545 - Proceedings Before Trial › Section 545.350 - Tender of fees not necessary.

Title XXXVII CRIMINAL PROCEDURE
Chapter 545
Effective - 28 Aug 1939
545.350. Tender of fees not necessary. —
It shall not be necessary to pay or tender any fees whatever to any witness summoned on the part of the state or on the part of the defendant, but such witness shall be bound to attend and be liable for his nonattendance in the same manner as if the fees allowed to witness had been duly paid to him.
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(RSMo 1939 § 4009)
Prior revisions: 1929 § 3620; 1919 § 3963; 1909 § 5170
2023 Missouri Revised Statutes › Title XXXVII - Criminal Procedure › Chapter 545 - Proceedings Before Trial › Section 545.360 - Law governing witnesses in civil cases to apply.

Title XXXVII CRIMINAL PROCEDURE
Chapter 545
Effective - 28 Aug 1939
545.360. Law governing witnesses in civil cases to apply. —
The provisions of law in civil cases, relative to compelling the attendance and testimony of witnesses, their examination, the administration of oaths and affirmations and proceedings as for contempt, to enforce the remedies and protect the rights of parties, shall extend to criminal cases so far as they are in their nature applicable thereto, subject to the provisions contained in any statute.
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(RSMo 1939 § 4069)
Prior revisions: 1929 § 3680; 1919 § 4024; 1909 § 5230
2023 Missouri Revised Statutes › Title XXXVII - Criminal Procedure › Chapter 545 - Proceedings Before Trial › Section 545.370 - Witness to attend until end of case — consequences of failure to so attend.

Title XXXVII CRIMINAL PROCEDURE
Chapter 545
Effective - 28 Aug 1985
545.370. Witness to attend until end of case — consequences of failure to so attend. —
Whenever a witness in a criminal case has been once subpoenaed or recognized to appear before any division of the circuit court, he shall attend under the same as such witness, from time to time, and from term to term, until the case be disposed of, or he be finally discharged by the court; and he shall be liable to attachment for any default or failure to appear as such witness, and adjudged to pay the costs and such fine as the court may properly impose; and no costs shall be allowed for any subsequent recognizance or subpoena for any such witness.
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(RSMo 1939 § 4234, A.L. 1985 S.B. 5, et al.)
Prior revisions: 1929 § 3839; 1919 § 4182; 1909 § 5390
2023 Missouri Revised Statutes › Title XXXVII - Criminal Procedure › Chapter 545 - Proceedings Before Trial › Section 545.380 - Defense witnesses — commission to take deposition, when.

Title XXXVII CRIMINAL PROCEDURE
Chapter 545
Effective - 28 Aug 1939
545.380. Defense witnesses — commission to take deposition, when. —
When any issue of fact is joined in any criminal case, and any material witness for the defendant resides out of the state, or residing within the state, is enceinte, sick or infirm, or is bound on a voyage or is about to leave this state, or is confined in prison under sentence for a felony, such defendant may apply to the court, or judge thereof, in which the cause is pending, for a commission to examine such witness upon interrogatories thereto annexed, and such court may grant the same upon the like proof and on the like terms as provided by law in civil cases. The court, or judge thereof, granting such commission, may permit the officer prosecuting for the state to join in such commission. The deposition of any witness confined in prison under sentence for a felony shall be taken where such witness is confined.
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(RSMo 1939 § 4010)
Prior revisions: 1929 § 3621; 1919 § 3964; 1909 § 5171
2023 Missouri Revised Statutes › Title XXXVII - Criminal Procedure › Chapter 545 - Proceedings Before Trial › Section 545.390 - Depositions to be taken and read as in civil cases.

Title XXXVII CRIMINAL PROCEDURE
Chapter 545
Effective - 28 Aug 1939
545.390. Depositions to be taken and read as in civil cases. —
Interrogatories to be annexed to such commission shall be settled and such commission shall be issued, executed and returned in the manner prescribed by law in respect to commissions in civil cases, and the depositions taken thereon and returned shall be read in like cases and with the like effect as in civil suits.
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(RSMo 1939 § 4011)
Prior revisions: 1929 § 3622; 1919 § 3965; 1909 § 5172
CROSS REFERENCE:
Depositions in civil cases, Chap. 492
2023 Missouri Revised Statutes › Title XXXVII - Criminal Procedure › Chapter 545 - Proceedings Before Trial › Section 545.400 - Conditional examination of witnesses.

Title XXXVII CRIMINAL PROCEDURE
Chapter 545
• Effective - 28 Aug 1939
545.400. Conditional examination of witnesses. —
The defendant in any criminal cause may also have witnesses examined on his behalf, conditionally, upon a commission issued by the clerk of the court in which the cause is pending, in the same cases and upon the like notice to the prosecuting attorney, with the like effect and in all respects as is provided by law in civil suits; provided, that the notice in such case to the prosecuting attorney shall state the name or names of the witness or witnesses whose depositions are desired or will be taken.
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(RSMo 1939 § 4012)
Prior revisions: 1929 § 3623; 1919 § 3966; 1909 § 5173
(1959) Supreme court rule 25.10 does not authorize taking of depositions after filing of felony complaint but before preliminary hearing since case is not pending until information is filed or indictment is returned. State ex rel. Woods v. Ratliff (Mo.), 322 S.W.2d 864.
(1964) There is no statutory authority for court order requiring payment by the state of the costs of the taking of depositions on behalf of defendant in criminal proceedings. Failure to furnish free depositions is not a violation of defendant's constitutional rights. State v. Aubachon (Mo.), 381 S.W.2d 807.
2023 Missouri Revised Statutes › Title XXXVII - Criminal Procedure › Chapter 545 - Proceedings Before Trial › Section 545.410 - Duty of prosecuting attorney in taking depositions.

Title XXXVII CRIMINAL PROCEDURE
Chapter 545
Effective - 28 Aug 1939
545.410. Duty of prosecuting attorney in taking depositions. —
When any prosecuting attorney shall be notified of the taking of any deposition, as specified in section 545.400, it shall be his duty to attend the taking thereof if the same shall be taken in his county, but if in any other county in this state, he shall immediately notify the prosecuting attorney of the county where such deposition is to be taken, giving him such information as will enable him to represent the state at the taking of the same; and it is hereby made the duty of such prosecuting attorney, upon receiving such information, to attend the taking thereof in behalf of the state. If any such deposition be taken out of the state, the prosecuting attorney may employ counsel to attend and represent the state at the taking of the same, at a fee not to exceed ten dollars for the first witness examined, and one dollar for each additional witness examined, which fee shall be taxed and paid as other costs in the case.
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(RSMo 1939 § 4013)
Prior revisions: 1929 § 3624; 1919 § 3967; 1909 § 5174
2023 Missouri Revised Statutes › Title XXXVII - Criminal Procedure › Chapter 545 - Proceedings Before Trial › Section 545.415 - Criminal cases, prosecutors and circuit attorneys may take depositions of any person, procedure — prisoners deposed, where.

Title XXXVII CRIMINAL PROCEDURE
Chapter 545
Effective - 01 Jan 1995, see footnote
545.415. Criminal cases, prosecutors and circuit attorneys may take depositions of any person, procedure — prisoners deposed, where. —
Beginning July 1, 1995, a prosecuting or circuit attorney in any criminal case pending in any court may obtain the deposition of any person on oral examination. The manner of taking such depositions shall be governed by the rules relating to the taking of depositions in civil actions. The depositions of any person confined in prison shall be taken where such person is confined.
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(L. 1994 S.B. 693)
Effective 1-01-95
2023 Missouri Revised Statutes › Title XXXVII - Criminal Procedure › Chapter 545 - Proceedings Before Trial › Section 545.420 - Indictment against judge to be removed to another circuit.

Title XXXVII CRIMINAL PROCEDURE
Chapter 545
Effective - 28 Aug 1939
545.420. Indictment against judge to be removed to another circuit. —
Whenever any indictment or prosecution for a criminal offense shall be pending in any court, against the judge thereof, the same shall be removed to the circuit court of some county in a different circuit, upon the order in writing of the prosecuting attorney, or upon the order of any judge of the supreme court.
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(RSMo 1939 § 4014)
Prior revisions: 1929 § 3625; 1919 § 3968; 1909 § 5175
2023 Missouri Revised Statutes › Title XXXVII - Criminal Procedure › Chapter 545 - Proceedings Before Trial › Section 545.430 - Change of venue may be granted defendant.

Title XXXVII CRIMINAL PROCEDURE
Chapter 545
• Effective - 28 Aug 1939
545.430. Change of venue may be granted defendant. —
Any criminal cause pending in any circuit court may be removed, by the order of such court or the judge thereof, to the circuit court of another county in the same circuit, whenever it shall appear, in the manner provided in section 545.490, that the minds of the inhabitants of the county in which the cause is pending are so prejudiced against the defendant that a fair trial cannot be had therein.
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(RSMo 1939 § 4015)
Prior revisions: 1929 § 3626; 1919 § 3969; 1909 § 5176
CROSS REFERENCES:
Division of county, how pending prosecution conducted, 47.330
Prosecution begun in wrong county, case to be transferred, procedure, 541.120 to 541.150
(1952) No change of venue or right to disqualify judge exists in a criminal contempt case. Osborne v. Purdome (Mo.), 250 S.W.2d 159.
2023 Missouri Revised Statutes › Title XXXVII - Criminal Procedure › Chapter 545 - Proceedings Before Trial › Section 545.440 - Change of venue in counties where court held at more than one place.

Title XXXVII CRIMINAL PROCEDURE
Chapter 545
• Effective - 28 Aug 1939
545.440. Change of venue in counties where court held at more than one place. —
In all counties in this state wherein terms of courts having criminal jurisdiction are held at more places than one, and provision has been made by law for the taking of changes of venue in criminal causes from one of such places to another, in all such cases, applications for changes of venue shall be subject to the same rules as to practice and proof as are now prescribed by law for the taking of changes of venue in criminal causes from one county or circuit to another.
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(RSMo 1939 § 4016)
Prior revisions: 1929 § 3627; 1919 § 3970; 1909 § 5177
2023 Missouri Revised Statutes › Title XXXVII - Criminal Procedure › Chapter 545 - Proceedings Before Trial › Section 545.450 - When case may be removed to another circuit.

Title XXXVII CRIMINAL PROCEDURE
Chapter 545
• Effective - 28 Aug 1939
545.450. When case may be removed to another circuit. —
Whenever it shall appear, in the manner provided in section 545.490, that the inhabitants of the entire circuit are so prejudiced against the defendant that a fair trial cannot be had therein, the cause shall, by order of the court or judge thereof, be removed to another circuit, in which such prejudice is not alleged to exist.
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(RSMo 1939 § 4017)
Prior revisions: 1929 § 3628; 1919 § 3971; 1909 § 5178
(1963) Defendant may not allege in his application that prejudice exists in multiple circuits. State v. Brookshire (Mo.), 368 S.W.2d 373.
2023 Missouri Revised Statutes › Title XXXVII - Criminal Procedure › Chapter 545 - Proceedings Before Trial › Section 545.460 - Removal to be made on application of defendant.

Title XXXVII CRIMINAL PROCEDURE
Chapter 545
Effective - 28 Aug 1939
545.460. Removal to be made on application of defendant. —
Such order of removal, as specified in sections 545.440 and 545.450, shall be made on the application of the defendant, or where the defendant is under the age of sixteen, then on the application of the parent or guardian of such defendant, or if such defendant has no parent or guardian, then on the application of any respectable citizen of the county where the cause is at issue.
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(RSMo 1939 § 4018)
Prior revisions: 1929 § 3629; 1919 § 3972; 1909 § 5179
2023 Missouri Revised Statutes › Title XXXVII - Criminal Procedure › Chapter 545 - Proceedings Before Trial › Section 545.470 - Application for change of venue, when made.

Title XXXVII CRIMINAL PROCEDURE
Chapter 545
Effective - 28 Aug 1939
545.470. Application for change of venue, when made. —
No order for the removal of any cause shall be made on the application of the defendant for the causes specified in sections 545.430 and 545.450, unless such application be made during the term of the court at which the indictment is found; provided, said defendant be in custody or on recognizance, and if not so in custody or held to bail, then the application may be made at or before the first term after the defendant shall have been arrested, and not thereafter except as provided for in section 545.480.
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(RSMo 1939 § 4021)
Prior revisions: 1929 § 3632; 1919 § 3975; 1909 § 5182
2023 Missouri Revised Statutes › Title XXXVII - Criminal Procedure › Chapter 545 - Proceedings Before Trial › Section 545.473 - Cole County, change of venue, procedure.

Title XXXVII CRIMINAL PROCEDURE
Chapter 545
Effective - 28 Aug 1995
545.473. Cole County, change of venue, procedure. —
1. Notwithstanding Missouri supreme court rule 32.03, a defendant with a case filed in a county with department of corrections centers with a total average yearly offender population in excess of two thousand persons shall follow the procedure listed in subsections 2 to
*
5 of this section in order to obtain a change of venue for misdemeanors or felonies.
2. Upon written application of the defendant, a change of venue may be ordered in any criminal proceeding for the following reasons:
(1) That the inhabitants of the county are prejudiced against the defendant; or
(2) That the state has an undue influence over the inhabitants of the county.
3. In felony cases, the application must be filed not later than thirty days after arraignment. In misdemeanor cases, the application must be filed not later than ten days before the date set for trial.
4. A copy of the application and a notice of the time when it will be presented to the court shall be served on all parties.
5. The application shall set forth the reason or reasons for change of venue. It need not be verified and shall be signed by the defendant or his attorney.
6. The state may, within five days after the filing of the application for a change of venue, file a denial of the existence of the reason or reasons alleged in the application. Such denial need not be verified. If a denial is filed, the court shall hear evidence and determine the issues. If the issues are determined in favor of the defendant, or if the truth of the grounds alleged is within the knowledge of the court, or if no denial is filed, a change of venue shall be ordered to some other county convenient to the parties and where the reason or reasons do not exist.
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(L. 1986 S.B. 450 § 2, A.L. 1995 H.B. 424)
*Word "through" appears in original rolls.
2023 Missouri Revised Statutes › Title XXXVII - Criminal Procedure › Chapter 545 - Proceedings Before Trial › Section 545.480 - Additional affidavit, when made.

Title XXXVII CRIMINAL PROCEDURE
Chapter 545
• Effective - 28 Aug 1939
545.480. Additional affidavit, when made. —
If the defendant will, in addition to the oath requisite in ordinary and timely applications, swear that the facts on which he grounds his application have first come to his knowledge since the last preceding continuance of the cause, the court may grant a change of venue, although such application be made at a term subsequent to that at which the prisoner was likely to be arraigned.
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(RSMo 1939 § 4022)
Prior revisions: 1929 § 3633; 1919 § 3976; 1909 § 5183
2023 Missouri Revised Statutes › Title XXXVII - Criminal Procedure › Chapter 545 - Proceedings Before Trial › Section 545.500 - Order for removal shall specify what.

Title XXXVII CRIMINAL PROCEDURE
Chapter 545
Effective - 28 Aug 1939
545.500. Order for removal shall specify what. —
Every order for the removal of any cause under the foregoing provisions shall state whether the same is made on the application of the party, or on facts within the knowledge of the court or judge, and shall specify the cause of removal and designate the county to which the cause is removed.
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(RSMo 1939 § 4020)
Prior revisions: 1929 § 3631; 1919 § 3974; 1909 § 5181
2023 Missouri Revised Statutes › Title XXXVII - Criminal Procedure › Chapter 545 - Proceedings Before Trial › Section 545.510 - Order for removal, where entered.

Title XXXVII CRIMINAL PROCEDURE
Chapter 545
Effective - 28 Aug 1939
545.510. Order for removal, where entered. —
Every order for the removal of a cause, if made in term, shall be entered on the minutes; if made by an officer out of court, shall be in writing and signed by such officer, and shall be filed by the clerk with the petition, if any, as a part of the record in the cause.
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(RSMo 1939 § 4023)
Prior revisions: 1929 § 3634; 1919 § 3977; 1909 § 5184
2023 Missouri Revised Statutes › Title XXXVII - Criminal Procedure › Chapter 545 - Proceedings Before Trial › Section 545.520 - Recognizance to be given.

Title XXXVII CRIMINAL PROCEDURE
Chapter 545
Effective - 28 Aug 1939
545.520. Recognizance to be given. —
When such order shall be made, the defendant, if not in confinement or custody, shall enter into a recognizance, with sufficient sureties, for his appearance to answer the charge in the court to which the cause is to be removed, at the next term thereof, and from day to day, and term to term thereafter, and to abide sentence and judgment therein and not to depart such court without leave.
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(RSMo 1939 § 4024)
Prior revisions: 1929 § 3635; 1919 § 3978; 1909 § 5185
2023 Missouri Revised Statutes › Title XXXVII - Criminal Procedure › Chapter 545 - Proceedings Before Trial › Section 545.530 - Who may take recognizance.

Title XXXVII CRIMINAL PROCEDURE
Chapter 545
Effective - 28 Aug 1939
545.530. Who may take recognizance. —
Such recognizance may be taken by the court or judge making the order, or by any court or officer authorized by law to let to bail after indictment, and when taken out of the court in which the cause is pending, shall be filed with the clerk thereof.
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(RSMo 1939 § 4025)
Prior revisions: 1929 § 3636; 1919 § 3979; 1909 § 5186
2023 Missouri Revised Statutes › Title XXXVII - Criminal Procedure › Chapter 545 - Proceedings Before Trial › Section 545.540 - Order for removal void, unless bail given.

Title XXXVII CRIMINAL PROCEDURE
Chapter 545
Effective - 28 Aug 1939
545.540. Order for removal void, unless bail given. —
No order for the removal of a cause shall be effectual in the case of any defendant not in confinement or custody, unless a recognizance, taken as herein directed, be entered into in open court, or delivered with the order and filed with the clerk of the court, nor unless such order be delivered before any juror is sworn in the cause; and in no case shall a second removal of any cause be allowed.
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(RSMo 1939 § 4026)
Prior revisions: 1929 § 3637; 1919 § 3980; 1909 § 5187
2023 Missouri Revised Statutes › Title XXXVII - Criminal Procedure › Chapter 545 - Proceedings Before Trial › Section 545.550 - Defendant in custody, to be removed, when — which county jail to house defendant.

Title XXXVII CRIMINAL PROCEDURE
Chapter 545
Effective - 28 Aug 2005
545.550. Defendant in custody, to be removed, when — which county jail to house defendant. —
1. If the defendant be in actual custody or confinement, the court or officer granting the order of removal shall, subject to any arrangements made pursuant to subsection 2 of this section, also make an order commanding the sheriff to remove the body of the defendant to the jail of the county into which the cause is to be removed, and then deliver him to the keeper of such jail, together with the warrant or process, by virtue of which he is imprisoned or held.
2. The sheriff of the county granting the change of venue and the sheriff of the county into which the cause is removed may agree as to which county's jail will house the defendant. If the sheriffs do not agree where the defendant will be confined, the defendant will be confined in the county into which the cause is removed. In the event that the county granting the change of venue continues to house the defendant, the sheriff of that county shall be responsible for the timely transportation of the defendant for all court appearances that require the presence of the defendant.
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(RSMo 1939 § 4027, A.L. 2005 H.B. 353 merged with S.B. 210 merged with S.B. 420 & 344)
Prior revisions: 1929 § 3638; 1919 § 3981; 1909 § 5188
2023 Missouri Revised Statutes › Title XXXVII - Criminal Procedure › Chapter 545 - Proceedings Before Trial › Section 545.560 - Duty of sheriff.

Title XXXVII CRIMINAL PROCEDURE
Chapter 545
Effective - 28 Aug 1939
545.560. Duty of sheriff. —
The sheriff shall obey such order without unnecessary delay, and shall endorse on the commitment or process by virtue of which the prisoner was in his custody, the reason of the change of custody, and shall deliver such warrant, with the prisoner, to the keeper of the jail of the proper county, who shall give such sheriff a receipt therefor and take charge of and keep the prisoner in the same manner as if he had been originally committed to such jail.
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(RSMo 1939 § 4028)
Prior revisions: 1929 § 3639; 1919 § 3982; 1909 § 5189
2023 Missouri Revised Statutes › Title XXXVII - Criminal Procedure › Chapter 545 - Proceedings Before Trial › Section 545.570 - In case of removal, transcript of record to be made.

Title XXXVII CRIMINAL PROCEDURE
Chapter 545
Effective - 28 Aug 1939
545.570. In case of removal, transcript of record to be made. —
Whenever any order shall be made for the removal of any cause, under the foregoing provisions, the clerk of the court in which the same is pending shall make out a full transcript of the record and proceedings in the cause, including the order of removal, the petition therefor, if any, and the recognizance of the defendant and of all witnesses, and shall transmit the same, duly certified under the seal of the court, to the clerk of the court to which the removal is ordered.
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(RSMo 1939 § 4029)
Prior revisions: 1929 § 3640; 1919 § 3983; 1909 § 5190
2023 Missouri Revised Statutes › Title XXXVII - Criminal Procedure › Chapter 545 - Proceedings Before Trial › Section 545.580 - Transcript to be filed.

Title XXXVII CRIMINAL PROCEDURE
Chapter 545
Effective - 28 Aug 1939
545.580. Transcript to be filed. —
On the receipt of such transcript by the clerk of the court to which any cause is removed, he shall file the same as a record of his court, and the same proceedings shall be had in the cause in such court, in the same manner and in all respects as if the same had originated therein.
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(RSMo 1939 § 4030)
Prior revisions: 1929 § 3641; 1919 § 3984; 1909 § 5191
2023 Missouri Revised Statutes › Title XXXVII - Criminal Procedure › Chapter 545 - Proceedings Before Trial › Section 545.590 - Lost transcript may be replaced.

Title XXXVII CRIMINAL PROCEDURE
Chapter 545
Effective - 28 Aug 1939
545.590. Lost transcript may be replaced. —
If such transcript shall not be transmitted, or shall not be received at or before the first term of the court to which the cause is ordered to be removed, or if such transcript shall be lost or destroyed, the cause shall not by reason thereof be discontinued, but such transcript, or another in lieu thereof, may be transmitted and filed, as required by this chapter, at or before the next succeeding term of such court, and proceedings thereon shall be had as if no such failure or loss had happened.
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(RSMo 1939 § 4031)
Prior revisions: 1929 § 3642; 1919 § 3985; 1909 § 5192
CROSS REFERENCE:
Supplying lost or destroyed court records, generally, 109.160, 109.170
2023 Missouri Revised Statutes › Title XXXVII - Criminal Procedure › Chapter 545 - Proceedings Before Trial › Section 545.600 - Witnesses to attend trial in cases of removal.

Title XXXVII CRIMINAL PROCEDURE
Chapter 545
Effective - 28 Aug 1939
545.600. Witnesses to attend trial in cases of removal. —
The defendant and all witnesses and others who shall have entered into any recognizance to attend the trial of such cause, having notice of the removal thereof, shall be bound to attend at the time and place of trial, in the county to which the cause is removed, and a failure to do so shall be deemed a breach of recognizance.
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(RSMo 1939 § 4032)
Prior revisions: 1929 § 3643; 1919 § 3986; 1909 § 5193
2023 Missouri Revised Statutes › Title XXXVII - Criminal Procedure › Chapter 545 - Proceedings Before Trial › Section 545.610 - In case of removal, when notice to be given.

Title XXXVII CRIMINAL PROCEDURE
Chapter 545
Effective - 28 Aug 1939
545.610. In case of removal, when notice to be given. —
When the order of removal is made in term, it shall be deemed a notice to every person who shall have entered into a recognizance to appear at such term; in other cases the notice shall be in writing, signed by the prosecuting attorney or clerk of the court, and served on the person so recognized, in the manner provided by law for serving notices.
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(RSMo 1939 § 4033)
Prior revisions: 1929 § 3644; 1919 § 3987; 1909 § 5194
2023 Missouri Revised Statutes › Title XXXVII - Criminal Procedure › Chapter 545 - Proceedings Before Trial › Section 545.620 - Costs, how taxed and paid.

Title XXXVII CRIMINAL PROCEDURE
Chapter 545
• Effective - 28 Aug 1939
545.620. Costs, how taxed and paid. —
The costs and expenses necessarily incurred in the removal of any such cause under the foregoing provisions shall be adjusted and allowed by the court wherein the cause is tried, and shall be taxed as other costs in such cause.
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(RSMo 1939 § 4034)
Prior revisions: 1929 § 3645; 1919 § 3988; 1909 § 5195
CROSS REFERENCE:
Change of venue, costs of, 550.120
2023 Missouri Revised Statutes › Title XXXVII - Criminal Procedure › Chapter 545 - Proceedings Before Trial › Section 545.630 - Clerk, when liable to civil action.

Title XXXVII CRIMINAL PROCEDURE
Chapter 545
Effective - 28 Aug 1939
545.630. Clerk, when liable to civil action. —
If any clerk of the court shall neglect or refuse to perform any duty in relation to the removal of a cause enjoined on him by the foregoing provisions, he shall forfeit and pay a sum not exceeding five hundred dollars, to be recovered by civil action, in the name and to the use of the state.
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(RSMo 1939 § 4035)
Prior revisions: 1929 § 3646; 1919 § 3989; 1909 § 5196
2023 Missouri Revised Statutes › Title XXXVII - Criminal Procedure › Chapter 545 - Proceedings Before Trial › Section 545.640 - Change of venue for one not to affect other defendants.

Title XXXVII CRIMINAL PROCEDURE
Chapter 545
Effective - 28 Aug 1939
545.640. Change of venue for one not to affect other defendants. —
Where there are several defendants in any indictment or criminal prosecution and the cause of the removal thereof exists only as to part of them, the other defendants shall be tried and all proceedings had against them, in the county in which the case is pending, in all respects as if no order of removal had been made as to any defendant.
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(RSMo 1939 § 4036)
Prior revisions: 1929 § 3647; 1919 § 3990; 1909 § 5197
2023 Missouri Revised Statutes › Title XXXVII - Criminal Procedure › Chapter 545 - Proceedings Before Trial › Section 545.650 - Change of venue and disqualification of judges in multiple-judge circuits.

Title XXXVII CRIMINAL PROCEDURE
Chapter 545
Effective - 28 Aug 1949
545.650. Change of venue and disqualification of judges in multiple-judge circuits. —
In all circuits composed of a single county having more than one judge, no change of venue shall be allowed by said circuit court to the circuit court of any other county in this state for the cause that the judge sitting for the trial of said suit is prejudiced, nor for the cause that the opposite party has undue influence over the judge, but if any such legal objection is made to the judge assigned to try any case, then such case shall be transferred to another division of said circuit court presided over by a different judge. Only one such application shall be made by the same party in the same case, and shall be made as to only one of the judges of said court.
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(RSMo 1939 § 2232, A. 1949 H.B. 2142)
Prior revisions: 1929 § 2130; 1919 § 2633; 1909 § 4166
2023 Missouri Revised Statutes › Title XXXVII - Criminal Procedure › Chapter 545 - Proceedings Before Trial › Section 545.660 - When judge deemed incompetent to try case.

Title XXXVII CRIMINAL PROCEDURE
Chapter 545
• Effective - 28 Aug 1939
545.660. When judge deemed incompetent to try case. —
When any indictment or criminal prosecution shall be pending in any circuit court or criminal court, the judge of said court shall be deemed incompetent to hear and try said cause in either of the following cases:
(1) When the judge of the court in which said case is pending is near of kin to the defendant by blood or marriage; or
(2) When the offense charged is alleged to have been committed against the person or property of such judge, or some person near of kin to him by blood or marriage; or
(3) When the judge is in any wise interested or prejudiced, or shall have been counsel in the cause; or
(4) When the defendant shall make and file an affidavit, supported by the affidavit of at least two reputable persons, not of kin to or counsel for the defendant, that the judge of the court in which said cause is pending will not afford him a fair trial.
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(RSMo 1939 § 4037)
Prior revisions: 1929 § 3648; 1919 § 3991; 1909 § 5198
(1963) Section held not to disqualify judge from receiving indictment of defendant for assault and beating of judge's daughter with intent to rape. State v. Selle (Mo.), 367 S.W.2d 522.
2023 Missouri Revised Statutes › Title XXXVII - Criminal Procedure › Chapter 545 - Proceedings Before Trial › Section 545.690 - Another circuit judge may sit, when.

Title XXXVII CRIMINAL PROCEDURE
Chapter 545
• Effective - 28 Aug 1961
545.690. Another circuit judge may sit, when. —
If, in any case, the judge shall be incompetent to sit for any of the causes mentioned in section 545.660, the judge of the court shall set the case down for trial on some day of the term and notify and request another circuit judge to try the case. The judge so requested shall appear and hold the court at the time appointed for the trial of the case; and he shall, during the trial of the case, possess all the powers and perform all the duties of the judge at a regular term of the court, and may adjourn the case from day to day, or to some other time, as the exigencies of the case may require, and may grant a change of venue in the case to the circuit court of another county in the same circuit, or to another circuit. When the cause is removed to the circuit court of another county in the same circuit, the judge so requested shall appear and hold the court at the time set for the trial of the case in the circuit court of the county to which the case is removed. If the judge so requested fails to appear and hold the court at the time appointed for the trial of the case, the judge of the court shall reset the case for trial to suit the convenience of the judge so requested to try the case, or may notify and request the judge of some other circuit to appear and try the cause as heretofore provided. Should the judge so requested fail to appear and hold the court at the time appointed for the trial of the case, the judge of the court shall order a change of venue in the case to some other circuit. The order shall be in writing, and the judge shall file the order with the clerk of the court in which the cause is pending.
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(RSMo 1939 § 4040, A.L. 1961 p. 337)
Prior revisions: 1929 § 3651; 1919 § 3994; 1909 § 5201
2023 Missouri Revised Statutes › Title XXXVII - Criminal Procedure › Chapter 545 - Proceedings Before Trial › Section 545.700 - Adjourned term held, when.

Title XXXVII CRIMINAL PROCEDURE
Chapter 545
Effective - 28 Aug 1939
545.700. Adjourned term held, when. —
When any cause is set down for trial in vacation, as directed in section 545.690, the judge shall adjourn the term to that day, at which time an adjourned term of said court may be held for the trial of the cause; and the court shall notify or recognize the witnesses in the cause to appear at the time set for the trial thereof, and their attendance may be compelled by attachment, as in other cases.
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(RSMo 1939 § 4041)
Prior revisions: 1929 § 3652; 1919 § 3995; 1909 § 5202
2023 Missouri Revised Statutes › Title XXXVII - Criminal Procedure › Chapter 545 - Proceedings Before Trial › Section 545.710 - Continuances, when and how granted.

Title XXXVII CRIMINAL PROCEDURE
Chapter 545
Effective - 28 Aug 1939
545.710. Continuances, when and how granted. —
Continuances may be granted to either party in criminal cases for good cause shown, and the court may postpone the trial of any such case for good and sufficient reasons, of its own motion. When a continuance is allowed on the application of either party, it shall be at the costs of the party at whose instance it is granted, unless the court otherwise direct.
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(RSMo 1939 § 4042)
Prior revisions: 1929 § 3653; 1919 § 3996; 1909 § 5203
CROSS REFERENCE:
Continuance when counsel is member of general assembly, 510.120
2023 Missouri Revised Statutes › Title XXXVII - Criminal Procedure › Chapter 545 - Proceedings Before Trial › Section 545.720 - Contents of affidavit.

Title XXXVII CRIMINAL PROCEDURE
Chapter 545
Effective - 28 Aug 1939
545.720. Contents of affidavit. —
A motion to continue a cause on the part of the defendant on account of the absence of evidence must be supported by the oath or affidavit of the defendant or some reputable person in his behalf, showing the materiality of the evidence expected to be obtained, and that due diligence has been used to obtain it, and where the evidence may be; and if it is for an absent witness, the affidavit must give his name, and show where he resides or may be, and the probability of procuring his testimony, and within what time, and what facts he believes the witness will prove, and that he believes them to be true, and that he is unable to prove such facts by any other witness whose testimony can be as readily procured, and that the witness is not absent by the connivance, procurement or consent of the defendant, and what diligence, if any, has been used in the premises by the defendant, and that the application is not made for vexation or delay merely, but to obtain substantial justice on the trial of the cause.
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(RSMo 1939 § 4043)
Prior revisions: 1929 § 3654; 1919 § 3997; 1909 § 5204
(1952) Where defendant did not comply in writing with the provisions of this section, court did not err in refusing continuance. State v. Abbott (Mo.), 245 S.W.2d 876.
(1952) Application for continuance which did not show what diligence was exercised to obtain witness' testimony nor the probability and time of procuring same and which failed to state that affiant believed the facts to which witness would testify, were true, held insufficient. State v. Bockman (Mo.), 251 S.W.2d 607.
2023 Missouri Revised Statutes › Title XXXVII - Criminal Procedure › Chapter 545 - Proceedings Before Trial › Section 545.730 - Continuances on behalf of state, how obtained.

Title XXXVII CRIMINAL PROCEDURE
Chapter 545
Effective - 28 Aug 1939
545.730. Continuances on behalf of state, how obtained. —
If the application for a continuance is by the state, the prosecuting attorney shall state in writing, under his oath of office, and according to his best information and belief, the same facts required to be stated in the affidavit of the defendant.
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(RSMo 1939 § 4044)
Prior revisions: 1929 § 3655; 1919 § 3998; 1909 § 5205
2023 Missouri Revised Statutes › Title XXXVII - Criminal Procedure › Chapter 545 - Proceedings Before Trial › Section 545.740 - Witnesses to enter into recognizance, when.

Title XXXVII CRIMINAL PROCEDURE
Chapter 545
Effective - 28 Aug 1939
545.740. Witnesses to enter into recognizance, when. —
Whenever a criminal case shall be continued, all the witnesses in attendance shall be called by the court, and as many of them as the parties may desire shall be required to enter into recognizance for their appearance on the day of the next term on which such case shall be set for trial, which day shall be fixed and designated by the court at the time the continuance is granted; and if any such witness shall fail to appear in said court when so called, for the purpose of being recognized, such witness shall forfeit all his fees as witness in such cause, and may be compelled to appear by attachment.
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(RSMo 1939 § 4045)
Prior revisions: 1929 § 3656; 1919 § 3999; 1909 § 5206
2023 Missouri Revised Statutes › Title XXXVII - Criminal Procedure › Chapter 545 - Proceedings Before Trial › Section 545.780 - Speedy trial, when — what constitutes — failure to comply not grounds for dismissal, exception.

Title XXXVII CRIMINAL PROCEDURE
Chapter 545
• Effective - 28 Aug 1986
545.780. Speedy trial, when — what constitutes — failure to comply not grounds for dismissal, exception. —
1. If defendant announces that he is ready for trial and files a request for a speedy trial, then the court shall set the case for trial as soon as reasonably possible thereafter.
2. The provisions of this section shall be enforceable by mandamus. Neither the failure to comply with this section nor the state's failure to prosecute shall be grounds for the dismissal of the indictment or information unless the court also finds that the defendant has been denied his constitutional right to a speedy trial.
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(RSMo 1939 § 4000, A.L. 1977 H.B. 241, A.L. 1984 S.B. 602, A.L. 1986 H.B. 1158)
Prior revisions: 1929 § 3611; 1919 § 3954; 1909 § 5161
CROSS REFERENCE:
Trial of convict in prison on request required, when, 217.460
2023 Missouri Revised Statutes › Title XXXVII - Criminal Procedure › Chapter 545 - Proceedings Before Trial › Section 545.790 - Cause continued, when.

Title XXXVII CRIMINAL PROCEDURE
Chapter 545
Effective - 28 Aug 1939
545.790. Cause continued, when. —
If any person indicted for a criminal offense abscond or flee from justice, or cannot be found to be served with process, or, being let to bail, shall not appear according to the condition of the recognizance, the cause may be continued from term to term, without issuing process on the indictment; and such process may be issued at any time on the application of the prosecuting attorney.
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(RSMo 1939 § 3958)
Prior revisions: 1929 § 3569; 1919 § 3912; 1909 § 5119
2023 Missouri Revised Statutes › Title XXXVII - Criminal Procedure › Chapter 545 - Proceedings Before Trial › Section 545.800 - Copy of indictment or information furnished accused on request.

Title XXXVII CRIMINAL PROCEDURE
Chapter 545
Effective - 28 Aug 1939
545.800. Copy of indictment or information furnished accused on request. —
Whenever an indictment is found, or an information filed, in a court of record, it shall be the duty of the clerk, upon the request of the defendant therein, to make out and deliver to him a copy of such indictment or information with all endorsements thereon.
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(RSMo 1939 § 4001)
Prior revisions: 1929 § 3612; 1919 § 3955; 1909 § 5162
(1963) Trial court's action in overruling defendant's objection to going to trial on grounds that he had not been served with copy of information made before the voir dire examination but after plea of not guilty had been entered was not error as objection came too late and defendant had had reasonable time to prepare defense. State v. Sawyer (Mo.), 367 S.W.2d 585.
2023 Missouri Revised Statutes › Title XXXVII - Criminal Procedure › Chapter 545 - Proceedings Before Trial › Section 545.810 - Defendant granted reasonable time to plead.

Title XXXVII CRIMINAL PROCEDURE
Chapter 545
Effective - 28 Aug 1939
545.810. Defendant granted reasonable time to plead. —
The defendant in an indictment or information in a court of record, shall not be required to plead thereto until he shall have had a reasonable time in which to examine the same and to prepare his pleading.
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(RSMo 1939 § 4002)
Prior revision: 1929 § 3613
2023 Missouri Revised Statutes › Title XXXVII - Criminal Procedure › Chapter 545 - Proceedings Before Trial › Section 545.830 - Dilatory pleas, when entertained.

Title XXXVII CRIMINAL PROCEDURE
Chapter 545
Effective - 28 Aug 1939
545.830. Dilatory pleas, when entertained. —
No plea in abatement or other dilatory plea to an indictment or information shall be received by any court, unless the party offering such plea shall prove the truth thereof by affidavit or some other evidence.
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(RSMo 1939 § 4005)
Prior revisions: 1929 § 3616; 1919 § 3959; 1909 § 5166
(1954) Plea in abatement in criminal prosecution based on stated conclusions that defendant had been compelled to testify before the grand jury which was investigating offense with which defendant was later charged held properly overruled where testimony required was not shown either in verified plea or by evidence. State v. Bright, 269 S.W.2d 615.
2023 Missouri Revised Statutes › Title XXXVII - Criminal Procedure › Chapter 545 - Proceedings Before Trial › Section 545.840 - Matters pleaded occurring in another county.

Title XXXVII CRIMINAL PROCEDURE
Chapter 545
Effective - 28 Aug 1939
545.840. Matters pleaded occurring in another county. —
When any matters shall be pleaded as having occurred in any other county than that in which the indictment or information was found, it shall be tried in the same manner as if it had been alleged to have occurred in the same county where such plea is tendered.
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(RSMo 1939 § 4006)
Prior revisions: 1929 § 3617; 1919 § 3960; 1909 § 5167
2023 Missouri Revised Statutes › Title XXXVII - Criminal Procedure › Chapter 545 - Proceedings Before Trial › Section 545.850 - Special term of court.

Title XXXVII CRIMINAL PROCEDURE
Chapter 545
• Effective - 28 Aug 1939
545.850. Special term of court. —
Whenever any person charged with an offense shall be confined in jail two months before the regular term of the court in which he is to be tried, the jailer shall, without delay, inform the judge of such court thereof, who, if he shall be satisfied that a trial of such persons so confined can be had thereat, and the public good require, shall call a special term of court for the trial of such prisoner.
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(RSMo 1939 § 2017)
Prior revisions: 1929 § 1853; 1919 § 2349; 1909 § 3871
(1971) Contention on appeal from proceeding under court rule 27.26 that conviction should have been set aside because movant had not been granted speedy trial, in that although he entered plea of guilty at third term after information was filed he was not sentenced until the fourth term, overruled since statutory provisions as to speedy trial are not jurisdictional and are waived unless timely invoked, and entry of plea of guilty ended all questions based upon either statutory or constitution guarantees of speedy trial. Rew v. State (Mo.), 472 S.W.2d 611.
2023 Missouri Revised Statutes › Title XXXVII - Criminal Procedure › Chapter 545 - Proceedings Before Trial › Section 545.860 - If prisoner bailed, no special term.

Title XXXVII CRIMINAL PROCEDURE
Chapter 545
Effective - 28 Aug 1939
545.860. If prisoner bailed, no special term. —
If the prisoner shall be bailed or discharged, the jailer shall give the judge notice of the fact, who shall thereupon be exempted from the duty of holding a special term of his court.
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(RSMo 1939 § 2021)
Prior revisions: 1929 § 1857; 1919 § 2353; 1909 § 3875
2023 Missouri Revised Statutes › Title XXXVII - Criminal Procedure › Chapter 545 - Proceedings Before Trial › Section 545.870 - Prosecuting attorney to be notified, when.

Title XXXVII CRIMINAL PROCEDURE
Chapter 545
Effective - 28 Aug 1939
545.870. Prosecuting attorney to be notified, when. —
Where a special term shall be ordered, under section 545.850, the judge ordering the same shall cause a notice thereof to be served by the sheriff or any authorized person, on the prosecuting attorney, and the prisoner or prisoners to be tried, ten days before the commencement of such term.
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(RSMo 1939 § 2018)
Prior revisions: 1929 § 1854; 1919 § 2350; 1909 § 3872
2023 Missouri Revised Statutes › Title XXXVII - Criminal Procedure › Chapter 545 - Proceedings Before Trial › Section 545.880 - Joint trials, when — separate trials for joint defendants, when — probability of prejudice exists, when.

Title XXXVII CRIMINAL PROCEDURE
Chapter 545
Effective - 28 Aug 1984
545.880. Joint trials, when — separate trials for joint defendants, when — probability of prejudice exists, when. —
1. Notwithstanding supreme court rule 24.06, whenever two or more defendants are jointly charged in an indictment or information, the court shall order both or all defendants to be tried together. In the event two or more defendants are charged in separate indictments or informations with offenses, where both the defendants and the offenses could have been joined in the same information or indictment, upon motion of one or more defendants or on motion of the state, the court may order the indictments or informations or both to be tried together.
2. If, upon written motion of the defendant, the court finds that the probability for prejudice exists in a joint trial, the court shall order the severance of defendants for trial. The court shall find that the probability for prejudice exists if:
(1) At least one but not all of the defendants jointly charged is, if convicted, subject to jury assessment of punishment; the defendant or defendants subject to jury assessment of punishment shall have the burden of showing the probability of prejudice if tried jointly;
(2) There is, or may reasonably be expected to be, material and substantial evidence admissible against less than all of the joint defendants;
(3) There exists an out of court statement of a codefendant which makes reference to another of the joint defendants, but is not admissible against that defendant, and if the statement cannot be properly limited so as to eliminate reference to the complaining defendant;
(4) Severance of the joint defendants is necessary to achieve a fair determination of guilt or innocence of any defendant.
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(RSMo 1939 § 4050, A.L. 1963 p. 670, A.L. 1984 S.B. 602)
Prior revisions: 1929 § 3661; 1919 § 4004; 1909 § 5211
(1954) Where defendant had been granted a severance it was error for court to state to jury that three persons were originally jointly indicted and one of them had pleaded guilty. State v. Castino (Mo.), 264 S.W.2d 372.