reglab/statecodes huggingface dataset:
2023 Missouri Revised Statutes › Title XXXVI - Statutory Actions and Torts › Chapter 537 - Torts and Actions for Damages › Section 537.787 - Criminal or harmful acts, no duty of business to guard against, when — duty, affirmative defenses.

Title XXXVI STATUTORY ACTIONS AND TORTS
Chapter 537
• Effective - 28 Aug 2018
537.787. Criminal or harmful acts, no duty of business to guard against, when — duty, affirmative defenses. —
1. There is no duty upon a business to guard against criminal acts or harmful acts on the premises unless the business knows or has reason to know that such acts are being committed or are reasonably likely to be committed in a particular area of the premises and sufficient time exists to prevent such crime or injury. In the absence of such a duty, no civil action for damages shall lie against a business for injuries sustained by a person in connection with criminal acts or harmful acts committed by another person on the premises.
2. If a duty is found to exist under subsection 1 of this section, the following affirmative defenses shall apply in any civil action for damages against a business for injuries sustained by a person in connection with criminal acts or harmful acts committed by another person on the premises:
(1) The business has implemented reasonable security measures;
(2) The claimant was on the premises and was:
(a) A trespasser;
(b) Attempting to commit a felony; or
(c) Engaged in the commission of a felony;
(3) The criminal acts or harmful acts occurred while the business was closed to the public.
3. Evidence of subsequent action taken by the business to provide protection to persons on the premises shall not be admissible in evidence to show negligence or to establish the feasibility of any security measures.
4. Nothing in this section shall be construed to create or increase the liability of a business and does not affect any immunities from or defenses to liability established under state law or available under common law to which a business may be entitled.
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(L. 2018 S.B. 608)
2023 Missouri Revised Statutes › Title XXXVI - Statutory Actions and Torts › Chapter 537 - Torts and Actions for Damages › Section 537.850 - Citation of law — definitions.

Title XXXVI STATUTORY ACTIONS AND TORTS
Chapter 537
• Effective - 28 Aug 2012
537.850. Citation of law — definitions. —
1. Sections 537.850 to 537.859 shall be known and may be cited as the "Agritourism Promotion Act".
2. As used in sections 537.850 to 537.859, the following terms shall mean:
(1)
"Agritourism activity"
, any activity which allows members of the general public for recreational, entertainment, or educational purposes to view or enjoy rural activities, including but not limited to farming activities, ranching activities, or historic, cultural, or natural attractions. An activity may be an agritourism activity whether or not the participant pays to participate in the activity. An activity is not an agritourism activity if the participant is paid to participate in the activity;
(2)
"Department"
, the state department of agriculture;
(3)
"Director"
, the director of the department of agriculture;
(4)
"Inherent risks of a registered agritourism activity"
, those dangers or conditions which are an integral part of such agritourism activity, including but not limited to certain hazards such as surface and subsurface conditions; natural conditions of land, vegetation, and waters; the behavior of wild or domestic animals; and ordinary dangers of structures or equipment ordinarily used in farming or ranching operations. Inherent risks of a registered agritourism activity also includes the potential of a participant to act in a negligent manner that may contribute to injury to the participant or others, such as failing to follow instructions given by the registered agritourism operator or failing to exercise reasonable caution while engaging in the registered agritourism activity;
(5)
"Participant"
, any person who engages in a registered agritourism activity;
(6)
"Registered agritourism activity"
, any agritourism activity that is registered with the director of the department of agriculture as an AgriMissouri member under section 261.230, and any rules promulgated thereunder;
(7)
"Registered agritourism location"
, a specific parcel of land which is registered with the director of the department of agriculture under section 261.230, and any rules promulgated thereunder, and where a registered agritourism operator engages in registered agritourism activities;
(8)
"Registered agritourism operator"
, any person who is engaged in the business of providing one or more agritourism activities and is registered with the director of the department of agriculture as an AgriMissouri member under section 261.230, and any rules promulgated thereunder.
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(L. 2012 S.B. 631)
2023 Missouri Revised Statutes › Title XXXVI - Statutory Actions and Torts › Chapter 537 - Torts and Actions for Damages › Section 537.856 - Signage required — contract warning notice and language, contents — written description of activity required, when.

Title XXXVI STATUTORY ACTIONS AND TORTS
Chapter 537
• Effective - 28 Aug 2012
537.856. Signage required — contract warning notice and language, contents — written description of activity required, when. —
1. At every registered agritourism location, the registered agritourism operator shall post and maintain signage which contains the warning notice specified in subsection 3 of this section. The requirements of this section shall be deemed satisfied if such signage is placed in a clearly visible location at or near the registered agritourism location. The warning notice shall appear on the sign in black letters, with each letter to be at least one inch in height.
2. Every written contract entered into by a registered agritourism operator for the providing of a registered agritourism activity shall contain in clearly readable print the warning notice and language specified in subsection 3 of this section.
3. The required signage under this section shall contain the following warning notice:
"WARNING: Under Missouri law, there is no liability for an injury or death of a participant in a registered agritourism activity conducted at this registered agritourism location if such injury or death results from the inherent risks of such agritourism activity. Inherent risks of agritourism activities include, but are not limited to, the potential of you as a participant to act in a negligent manner that may contribute to your injury or death and the potential of another participant to act in a negligent manner that may contribute to your injury or death. You are assuming the risk of participating in this registered agritourism activity.".
4. Upon request, the registered agritourism operator shall provide to any participant a written description of the registered agritourism activity, as set forth in the registration under subdivision (6) of subsection 2 of section 537.850 for which sections 537.850 to 537.859 limit the registered agritourism operator's liability at the registered agritourism location.
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(L. 2012 S.B. 631)
2023 Missouri Revised Statutes › Title XXXVI - Statutory Actions and Torts › Chapter 537 - Torts and Actions for Damages › Section 537.859 - Immunity from liability, when — affirmative defense.

Title XXXVI STATUTORY ACTIONS AND TORTS
Chapter 537
• Effective - 28 Aug 2012
537.859. Immunity from liability, when — affirmative defense. —
1. Except as provided in subsection 2 of this section, a registered agritourism operator is not liable for injury to or death of a participant resulting from the inherent risks of agritourism activities so long as the warning contained in section 537.856 is posted as required and, except as provided in subsection 2 of this section, no participant or participant's representative shall maintain an action against or recover from a registered agritourism operator for injury, loss, damage, or death of the participant resulting exclusively from any of the inherent risks of agritourism activities.
2. Nothing in sections 537.850 to 537.859 shall prevent or limit the liability of a registered agritourism operator if the registered agritourism operator:
(1) Injures the participant by willful or wanton conduct;
(2) Has actual knowledge or should have known of a dangerous condition in the facilities or equipment used in the registered agritourism activity and does not make such dangerous condition known to a participant and such dangerous condition causes the participant to sustain injuries; or
(3) Fails to use that degree of care that an ordinarily careful and prudent person would use under the same or similar circumstances.
3. In any action for damages for personal injury, death, or property damage arising from the operation of a registered tourism activity in which an owner or operator is named as a defendant, it shall be an affirmative defense to that liability that:
(1) The injured person assumed the risk;
(2) The injured person deliberately disregarded conspicuously posted signs, verbal instructions, or other warnings regarding safety measures during the activity; or
(3) Any equipment, animals, or appliance used by the injured person during the activity was
*
used in a manner or for a purpose other than that for which a reasonable person should have known they were intended.
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(L. 2012 S.B. 631)
*Word "were" appears in original rolls of S.B. 631, 2012.
2023 Missouri Revised Statutes › Title XXXVI - Statutory Actions and Torts › Chapter 537 - Torts and Actions for Damages › Section 537.1005 - COVID-19 exposure, immunity from liability, when — assumption of risk, signage — no third-party liability, exceptions.

Title XXXVI STATUTORY ACTIONS AND TORTS
Chapter 537
• Effective - 28 Aug 2021
537.1005. COVID-19 exposure, immunity from liability, when — assumption of risk, signage — no third-party liability, exceptions. —
1. Notwithstanding any other provision of law to the contrary, and except as otherwise provided in this section, no individual or entity engaged in businesses, services, activities, or accommodations shall be liable in any COVID-19 exposure action unless the plaintiff can prove by clear and convincing evidence that:
(1) The individual or entity engaged in recklessness or willful misconduct that caused an actual exposure to COVID-19; and
(2) The actual exposure to COVID-19 caused the personal injury of the plaintiff.
2. No religious organization shall be liable in any COVID-19 exposure action unless the plaintiff can prove intentional misconduct.
3. There shall be a rebuttable presumption of an assumption of risk by a plaintiff in a COVID-19 exposure action when an individual or entity posts or maintains signs or provides written notice which contains the warning notice specified in this subsection. If a sign is posted or maintained, the sign shall be placed in a clearly visible location at the entrance of the business, service, activity, or accommodation. The sign or written notice described in this subsection shall contain the following warning notice in a substantially similar form:
"WARNING
Under Missouri law, any individual entering the premises or engaging the services of the business waives all civil liability against the individual or entity for any damages based on inherent risks associated with an exposure or potential exposure to COVID-19, except for recklessness or willful misconduct."
­­No religious organization shall be required to post or maintain a sign or provide written notice containing the warning notice specified in this subsection.
4. Adoption of or changes to policies, practices, or procedures of an individual or entity in order to address or mitigate the spread of COVID-19 after the time of the actual, alleged, feared, or potential for exposure to COVID-19 shall not be considered evidence of liability or culpability.
5. Nothing in this section shall require an individual or entity to establish a written or published policy addressing the spread of COVID-19, including any policy requiring or mandating a vaccination or requiring proof of vaccination.
6. No individual or entity shall be held liable in a COVID-19 exposure action for the acts or omissions of a third party, unless:
(1) The individual or entity had an obligation under general common law principles to control the acts or omissions of the third party; or
(2) The third party was an agent of the individual or entity.
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(L. 2021 S.B. 51 & 42)
Expires 8-28-25; see § 537.1035
2023 Missouri Revised Statutes › Title XXXVI - Statutory Actions and Torts › Chapter 537 - Torts and Actions for Damages › Section 537.1010 - Health care providers, immunity from liability, exceptions.

Title XXXVI STATUTORY ACTIONS AND TORTS
Chapter 537
• Effective - 28 Aug 2021
537.1010. Health care providers, immunity from liability, exceptions. —
1. Notwithstanding any other provision of law to the contrary, and except as provided in subsection 2 of this section, no health care provider shall be liable in a COVID-19 medical liability action unless the plaintiff can prove:
(1) Recklessness or willful misconduct by the health care provider; and
(2) That the alleged harm, damage, breach, or tort resulting in the personal injury was caused by the alleged recklessness or willful misconduct.
2. For purposes of this section, an elective procedure that is delayed with good cause shall not be considered recklessness or willful misconduct.
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(L. 2021 S.B. 51 & 42)
Expires 8-28-25; see § 537.1035
2023 Missouri Revised Statutes › Title XXXVI - Statutory Actions and Torts › Chapter 537 - Torts and Actions for Damages › Section 537.1015 - Covered products, no COVID-19 products liability, when — evidence required for liability — inapplicability, when.

Title XXXVI STATUTORY ACTIONS AND TORTS
Chapter 537
• Effective - 28 Aug 2021
537.1015. Covered products, no COVID-19 products liability, when — evidence required for liability — inapplicability, when. —
1. Notwithstanding any other provision of law to the contrary, and except as otherwise provided in this section, no individual or entity who designs, manufactures, imports, distributes, labels, packages, leases, sells, or donates a covered product shall be liable in a COVID-19 products liability action if the individual or entity:
(1) Does not make the covered product in the ordinary course of business;
(2) Does make the covered product in the ordinary course of business, however the emergency due to COVID-19 requires the covered product to be made in a modified manufacturing process that is outside the ordinary course of business; or
(3) Does make the covered product in the ordinary course of business and use of the covered product is different than its recommended purpose and used in response to the emergency due to COVID-19.
2. For a plaintiff to prevail in a COVID-19 products liability action over the use or misuse of a covered product, the plaintiff shall prove by clear and convincing evidence:
(1) Recklessness or willful misconduct by the individual or entity; and
(2) That the alleged harm, damage, breach, or tort resulting in the personal injury was caused by the alleged recklessness or willful misconduct.
3. The provisions of this section shall not apply to any fraud in connection with the advertisement of any covered product.
4. The provisions of this section shall apply to any claim for damages that has a causal relationship with the administration to or use by an individual of a covered product, including a causal relationship with the design, development, clinical testing or investigation, manufacture, labeling, distribution, formulation, packaging, marketing, promotion, sale, purchase, lease, donation, dispensing, prescribing, administration, licensing, or use of such covered product.
5. The provisions of this section shall apply only if the covered product was administered or used for the treatment of or protection against COVID-19.
6. The provisions of this section shall apply to a covered product regardless of whether such covered product is obtained by donation, commercial sale, or any other means of distribution by or in partnership with federal, state, or local public health officials or the private sector.
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(L. 2021 S.B. 51 & 42)
Expires 8-28-25; see § 537.1035
2023 Missouri Revised Statutes › Title XXXVI - Statutory Actions and Torts › Chapter 537 - Torts and Actions for Damages › Section 537.1020 - Punitive damages, when.

Title XXXVI STATUTORY ACTIONS AND TORTS
Chapter 537
• Effective - 28 Aug 2021
537.1020. Punitive damages, when. —
In any COVID-19 related action, punitive damages:
(1) May be awarded in accordance with sections 510.261 to 510.265 and subsection 8 of section 538.210; and
(2) Shall not exceed an amount in excess of nine times the amount of compensatory damages awarded.
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(L. 2021 S.B. 51 & 42)
Expires 8-28-25; see § 537.1035
2023 Missouri Revised Statutes › Title XXXVI - Statutory Actions and Torts › Chapter 538 - Tort Actions Based on Improper Health Care › Section 538.215 - Damage itemization by trier of fact — excess noneconomic damages to be reduced by court.

Title XXXVI STATUTORY ACTIONS AND TORTS
Chapter 538
• Effective - 03 Feb 1986, see footnote
538.215. Damage itemization by trier of fact — excess noneconomic damages to be reduced by court. —
1. In any action against a health care provider for damages for personal injury or death arising out of the rendering of or the failure to render health care services, any damages found shall be itemized by the trier of fact as follows:
(1) Past economic damages;
(2) Past noneconomic damages;
(3) Future medical damages;
(4) Future economic damages, excluding future medical damages; and
(5) Future noneconomic damages.
2. All future damages which are itemized as required by subsection 1 of this section shall be expressed by the trier of fact at present value.
3. Any award of noneconomic damages in excess of the limit provided herein shall be reduced by the court to the maximum amount.
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(L. 1986 S.B. 663 § 6)
Effective 2-03-86
2023 Missouri Revised Statutes › Title XXXVI - Statutory Actions and Torts › Chapter 538 - Tort Actions Based on Improper Health Care › Section 538.228 - Immunity from civil liability for certain health care professionals and entities, when.

Title XXXVI STATUTORY ACTIONS AND TORTS
Chapter 538
• Effective - 28 Aug 2005
538.228. Immunity from civil liability for certain health care professionals and entities, when. —
Any physician licensed under chapter 334 who provides medical treatment to a patient at a city or county health department organized under chapter 192 or chapter 205, a city health department operating under a city charter, a combined city-county health department, or a nonprofit community health center or other nonprofit entity that solely provides free health care services and is qualified as exempt from federal taxation under Section 501(c)(3) of the Internal Revenue Code of 1986, as amended, shall not be liable for any civil damages for acts or omissions unless the damages were occasioned by gross negligence or by willful or wanton acts or omissions by such physician in rendering such treatment or unless the physician maintained, at the time of treatment, liability insurance for such treatment, provided that such treatment:
(1) Shall not include the performance of an abortion; and
(2) Is certified in advance of the treatment as being rendered free of charge to the patient, with no compensation from any party or third-party provider, or any attempt to obtain compensation from any third-party provider.
­­For purposes of this section, a physician covered under the state legal expense fund under section 105.711 shall not be construed as maintaining liability insurance coverage under this section.
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(L. 2005 H.B. 393)
CROSS REFERENCE:
Applicability of statute changes to cases filed after August 28, 2005, 538.305
2023 Missouri Revised Statutes › Title XXXVI - Statutory Actions and Torts › Chapter 538 - Tort Actions Based on Improper Health Care › Section 538.229 - Certain statements, writings, and benevolent gestures inadmissible, when — definitions.

Title XXXVI STATUTORY ACTIONS AND TORTS
Chapter 538
• Effective - 28 Aug 2005
538.229. Certain statements, writings, and benevolent gestures inadmissible, when — definitions. —
1. The portion of statements, writings, or benevolent gestures expressing sympathy or a general sense of benevolence relating to the pain, suffering, or death of a person and made to that person or to the family of that person shall be inadmissible as evidence of an admission of liability in a civil action. However, nothing in this section shall prohibit admission of a statement of fault.
2. For the purposes of this section, the following terms mean:
(1)
"Benevolent gestures"
, actions which convey a sense of compassion or commiseration emanating from humane impulses;
(2)
"Family"
, the spouse, parent, grandparent, stepmother, stepfather, child, grandchild, brother, sister, half brother, half sister, adopted children of a parent, or spouse's parents of an injured party.
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(L. 2005 H.B. 393)
CROSS REFERENCE:
Applicability of statute changes to cases filed after August 28, 2005, 538.305
2023 Missouri Revised Statutes › Title XXXVI - Statutory Actions and Torts › Chapter 538 - Tort Actions Based on Improper Health Care › Section 538.232 - Venue for certain actions against health care providers, where.

Title XXXVI STATUTORY ACTIONS AND TORTS
Chapter 538
• Effective - 28 Aug 2005
538.232. Venue for certain actions against health care providers, where. —
In any action against a health care provider for damages for personal injury or death arising out of the rendering of or the failure to render health care services, for purposes of determining venue under section 508.010, the plaintiff shall be considered injured by the health care provider only in the county where the plaintiff first received treatment by a defendant for a medical condition at issue in the case.
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(L. 2005 H.B. 393)
CROSS REFERENCE:
Applicability of statute changes to cases filed after August 28, 2005, 538.305
2023 Missouri Revised Statutes › Title XXXVI - Statutory Actions and Torts › Chapter 538 - Tort Actions Based on Improper Health Care › Section 538.235 - Laws applicable to what actions.

Title XXXVI STATUTORY ACTIONS AND TORTS
Chapter 538
• Effective - 28 Aug 1986
538.235. Laws applicable to what actions. —
The provisions of sections 538.205 to 538.230 shall apply only to causes of actions arising on or after February 3, 1986.
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(L. 1986 S.B. 663 § 11)
2023 Missouri Revised Statutes › Title XXXVI - Statutory Actions and Torts › Chapter 538 - Tort Actions Based on Improper Health Care › Section 538.300 - Certain laws not applicable to sections 538.205 to 538.230.

Title XXXVI STATUTORY ACTIONS AND TORTS
Chapter 538
• Effective - 28 Aug 2005
538.300. Certain laws not applicable to sections 538.205 to 538.230. —
The provisions of section 260.552, sections 537.068 and 537.117, and 537.760 to 537.765, and subsections 2 and 3 of section 408.040 shall not apply to actions under sections 538.205 to 538.230.
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(L. 1987 H.B. 700 § 44, A.L. 1988 H.B. 1701 merged with S.B. 425, A.L. 2005 H.B. 393)
CROSS REFERENCE:
Applicability of statute changes to cases filed after August 28, 2005, 538.305
(2000) Strict liability is not applicable to health care providers. Budding v. SSM Healthcare System, 19 S.W.3d 678 (Mo.banc).
2023 Missouri Revised Statutes › Title XXXVI - Statutory Actions and Torts › Chapter 538 - Tort Actions Based on Improper Health Care › Section 538.305 - Applicability to causes of action, when.

Title XXXVI STATUTORY ACTIONS AND TORTS
Chapter 538
Effective - 28 Aug 2005
538.305. Applicability to causes of action, when. —
The provisions of this act
*
, except for section 512.099, shall apply to all causes of action filed after August 28, 2005.
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(L. 2005 H.B. 393 § 2)
*"This act" (H.B. 393, 2005) contained numerous sections. Consult Disposition of Sections table for a definitive listing.
2023 Missouri Revised Statutes › Title XXXVII - Criminal Procedure › Chapter 540 - Grand Juries and Their Proceedings › Section 540.021 - Selection of grand jurors, summons and jury qualification form — notification of persons not qualified to serve — alternate grand jurors — length of service — compensation.

Title XXXVII CRIMINAL PROCEDURE
Chapter 540
Effective - 28 Aug 2003
540.021. Selection of grand jurors, summons and jury qualification form — notification of persons not qualified to serve — alternate grand jurors — length of service — compensation. —
1. Upon order of the presiding judge of the circuit court, or a judge designated by the presiding judge, names of prospective grand jurors shall be randomly selected from the master jury list in the manner determined by the board of jury commissioners. A summons for grand jury service and a juror qualification form shall be mailed or personally served to those persons selected in the form and as required by section 494.415 for petit jurors.
2. If it is determined from an examination of the juror qualification form that a person is not qualified to serve as a grand juror, that person shall be notified in a manner directed by the board of jury commissioners, and shall not be required to comply with the summons for grand jury service. The names of disqualified persons shall be deleted from the grand jury list.
3. Those prospective grand jurors not disqualified from grand jury service shall constitute the grand jury list. If later determined to be ineligible or disqualified, their names shall be deleted from the master jury list.
4. Those persons summoned for grand jury service shall be placed under the control and supervision of the presiding judge of the circuit court, or a judge designated by the presiding judge, who shall select twelve persons to serve as grand jurors. Alternate grand jurors as determined by the judge shall also be selected, to serve as a grand juror upon the death, disqualification, or inability of one of the persons selected as a regular grand juror. The names of those persons selected as grand jurors and alternate grand jurors shall be deleted from the grand jury list.
5. The presiding judge of the circuit court, or a judge designated by the presiding judge, shall have the authority to convene, recess, and adjourn a grand jury as, in his discretion, he deems necessary, and at times and places as he specifies. No grand jury shall be required to serve for longer than a six-month period, except such term may be extended for a period not to exceed sixty days, solely for the purpose of considering and completing matters already before the grand jury. No new matters shall be presented to the grand jury during its extended service. Nothing contained in this section prevents the convening of another grand jury during such extended service.
6. Compensation shall be allowed grand jurors in the same amount as is provided by law for petit jurors pursuant to section 494.455.
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(L. 1989 S.B. 127, et al., A.L. 2003 H.B. 613)
2023 Missouri Revised Statutes › Title XXXVII - Criminal Procedure › Chapter 540 - Grand Juries and Their Proceedings › Section 540.031 - Duties of grand jury.

Title XXXVII CRIMINAL PROCEDURE
Chapter 540
Effective - 28 Aug 2005
540.031. Duties of grand jury. —
A grand jury may make inquiry into and return indictments for all grades of crimes and shall make inquiry into all possible violations of the criminal laws as the court may direct. The grand jury may examine public buildings and report on their conditions.
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(L. 1989 S.B. 127, et al., A.L. 2005 S.B. 289)
2023 Missouri Revised Statutes › Title XXXVII - Criminal Procedure › Chapter 540 - Grand Juries and Their Proceedings › Section 540.045 - Qualifications and exemptions from service.

Title XXXVII CRIMINAL PROCEDURE
Chapter 540
• Effective - 28 Aug 1989
540.045. Qualifications and exemptions from service. —
1. The provisions of sections 494.400 to 494.505 relating to the qualifications and disqualifications of petit jurors and exemptions from service as a petit juror are applicable to grand jurors drawn and selected under the provisions of this chapter.
2. In addition thereto, any person who has served as a member or alternate of a grand jury, or alternate, within ten years next preceding his selection shall not be eligible for service as a grand juror.
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(L. 1959 S.B. 246 § 4 (§540.025), A.L. 1984 S.B. 602, A.L. 1989 S.B. 127, et al.)
2023 Missouri Revised Statutes › Title XXXVII - Criminal Procedure › Chapter 540 - Grand Juries and Their Proceedings › Section 540.050 - Disqualification of grand juror — new juror summoned.

Title XXXVII CRIMINAL PROCEDURE
Chapter 540
• Effective - 28 Aug 1989
540.050. Disqualification of grand juror — new juror summoned. —
If any person is summoned as a grand juror who is not qualified as required by law, he may be challenged and discharged if such challenge is verified according to law or by his own oath. In such case, and also in case of nonattendance of any grand juror after he shall have been qualified, or in case any grand juror is excused by the court from further service for any cause, the court shall cause another grand juror to be summoned and sworn.
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(RSMo 1939 § 710, A.L. 1989 S.B. 127, et al.)
Prior revisions: 1929 § 8759; 1919 § 6620; 1909 § 7271
2023 Missouri Revised Statutes › Title XXXVII - Criminal Procedure › Chapter 540 - Grand Juries and Their Proceedings › Section 540.060 - Challenge of grand jurors — grounds.

Title XXXVII CRIMINAL PROCEDURE
Chapter 540
Effective - 28 Aug 1989
540.060. Challenge of grand jurors — grounds. —
Before a grand juror is sworn, any person held to answer a criminal charge may object to the competency of the grand juror on the ground that the grand juror is the prosecutor or complainant upon any charge against such person, or that the grand juror is a witness on the part of the prosecutor and has been summoned or bound in a recognizance as such. If such objection is established, the person so challenged shall be excused.
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(RSMo 1939 § 3903, A.L. 1989 S.B. 127, et al.)
Prior revisions: 1929 § 3514; 1919 § 3859; 1909 § 5067
2023 Missouri Revised Statutes › Title XXXVII - Criminal Procedure › Chapter 540 - Grand Juries and Their Proceedings › Section 540.070 - Challenge for other causes not allowed.

Title XXXVII CRIMINAL PROCEDURE
Chapter 540
Effective - 28 Aug 1989
540.070. Challenge for other causes not allowed. —
No challenge to the array of grand jurors, or to any person summoned as a grand juror, shall be allowed except as provided in section 540.045 and in section 540.050.
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(RSMo 1939 § 3904, A.L. 1989 S.B. 127, et al.)
Prior revisions: 1929 § 3515; 1919 § 3860; 1909 § 5068
2023 Missouri Revised Statutes › Title XXXVII - Criminal Procedure › Chapter 540 - Grand Juries and Their Proceedings › Section 540.080 - Oath of grand jurors.

Title XXXVII CRIMINAL PROCEDURE
Chapter 540
Effective - 28 Aug 1989
540.080. Oath of grand jurors. —
Grand jurors may be sworn in the following form:
Do you solemnly swear you will diligently inquire and true presentment make, according to your charge, of all offenses against the laws of the state committed or triable in this county of which you have or can obtain legal evidence; the counsel of your state, your fellows and your own, you shall truly keep secret? You further swear that you will present no one for any hatred, malice or ill will; neither will you leave unpresented any one for love, fear, favor or affection, or for any reward or the hope or promise thereof, but that you will present things truly as they come to your knowledge, to the best of your understanding, according to the laws of this state, so help you God.
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(RSMo 1939 § 3905, A.L. 1989 S.B. 127, et al.)
Prior revisions: 1929 § 3516; 1919 § 3861; 1909 § 5069
2023 Missouri Revised Statutes › Title XXXVII - Criminal Procedure › Chapter 540 - Grand Juries and Their Proceedings › Section 540.090 - Foreperson of grand jury, appointment.

Title XXXVII CRIMINAL PROCEDURE
Chapter 540
Effective - 28 Aug 1989
540.090. Foreperson of grand jury, appointment. —
From the persons selected to serve as grand jurors, the court shall appoint a foreperson. If such foreperson is discharged or excused before the grand jury is dismissed, the court shall appoint another foreperson.
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(RSMo 1939 § 3902, A.L. 1989 S.B. 127, et al.)
Prior revisions: 1929 § 3513; 1919 § 3858; 1909 § 5066
2023 Missouri Revised Statutes › Title XXXVII - Criminal Procedure › Chapter 540 - Grand Juries and Their Proceedings › Section 540.100 - Clerk of grand jury, appointment.

Title XXXVII CRIMINAL PROCEDURE
Chapter 540
Effective - 28 Aug 1989
540.100. Clerk of grand jury, appointment. —
Every grand jury may appoint one of their number to be a clerk thereof, to preserve minutes of their proceedings and of the evidence given before them. The minutes shall be given to the prosecuting or circuit attorney when the grand jury is discharged from further service.
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(RSMo 1939 § 3911, A.L. 1989 S.B. 127, et al.)
Prior revisions: 1929 § 3522; 1919 § 3867; 1909 § 5075
2023 Missouri Revised Statutes › Title XXXVII - Criminal Procedure › Chapter 540 - Grand Juries and Their Proceedings › Section 540.105 - Reporter to record testimony — oath.

Title XXXVII CRIMINAL PROCEDURE
Chapter 540
Effective - 28 Aug 1989
540.105. Reporter to record testimony — oath. —
An official reporter of the circuit court, when directed by the judge thereof, shall take down and transcribe for the use of the prosecuting or circuit attorney any or all evidence given before the grand jury. Before taking down any such evidence, however, such reporter shall be sworn by the foreperson of such grand jury not to divulge any of the proceedings or testimony before the grand jury or the names of any witnesses except to the prosecuting or circuit attorney or to any attorney lawfully assisting him in the prosecution of an indictment brought by such grand jury.
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(L. 1951 p. 460, A.L. 1989 S.B. 127, et al.)
(1956) In suit for damages against prosecuting attorney and sheriff for extorting money from plaintiff under threat of criminal prosecution, evidence before grand jury of the execution and contents of documents which were lost after presentation to grand jury was admissible. Mannon v. Frick, 365 Mo. 1203, 295 S.W.2d 158.
2023 Missouri Revised Statutes › Title XXXVII - Criminal Procedure › Chapter 540 - Grand Juries and Their Proceedings › Section 540.106 - Grand jury proceeding to be recorded, when — transcript to defendant.

Title XXXVII CRIMINAL PROCEDURE
Chapter 540
Effective - 28 Aug 1997
540.106. Grand jury proceeding to be recorded, when — transcript to defendant. —
Any grand jury proceeding that includes testimony or other information from a witness who is granted immunity from prosecution shall be a recorded proceeding. In the event a person is indicted as a result of such immunized testimony, the prosecutor shall provide a transcription of such testimony to all defendants.
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(L. 1997 H.B. 339)
2023 Missouri Revised Statutes › Title XXXVII - Criminal Procedure › Chapter 540 - Grand Juries and Their Proceedings › Section 540.110 - Foreperson — powers and duties — oath.

Title XXXVII CRIMINAL PROCEDURE
Chapter 540
• Effective - 28 Aug 1989
540.110. Foreperson — powers and duties — oath. —
The foreperson of every grand jury, from the time of his appointment to his discharge, shall be authorized to administer any oath, declaration or affirmation, in the manner prescribed by law, to any witness who shall appear before such grand jury, for the purpose of giving evidence in any matter cognizable by them. In addition to the usual oath, the foreperson, before such witness shall testify, shall administer to him or her the following oath:
Do you further solemnly swear, or affirm, that you will not after your examination here, directly or indirectly, divulge or make known to any person or persons the fact that this grand jury has or has had under consideration the matters concerning which you shall be examined, or any other fact or thing which may come to your knowledge while before this body, or concerning which you shall here testify, unless lawfully required to testify in relation thereto?
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(RSMo 1939 § 3906, A.L. 1989 S.B. 127, et al.)
Prior revisions: 1929 § 3517; 1919 § 3862; 1909 § 5070
(1956) In suit for damages against prosecuting attorney and sheriff for extorting money from plaintiff under threat of criminal prosecution, evidence before grand jury of the execution and contents of documents which were lost after presentation to grand jury was admissible. Mannon v. Frick, 365 Mo. 1203, 295 S.W.2d 158.
(1956) Trial court must determine whether, under all the circumstances present, and weighing the reasons for secrecy against the present need for disclosure, whether evidence before grand jury may be introduced. Mannon v. Frick, 365 Mo. 1203, 295 S.W.2d 158.
(1959) Trial court held to have discretion to order the exhibition to an inspection by the defendant of parts of the grand jury transcript of the testimony of the defendant and of witnesses endorsed on the indictment against him only. State ex rel. Clagett v. James (Mo.), 327 S.W.2d 278.
2023 Missouri Revised Statutes › Title XXXVII - Criminal Procedure › Chapter 540 - Grand Juries and Their Proceedings › Section 540.120 - Penalty for violation of oath.

Title XXXVII CRIMINAL PROCEDURE
Chapter 540
Effective - 28 Aug 1989
540.120. Penalty for violation of oath. —
Any person having taken the oath required pursuant to section 540.110, who shall willfully violate the same, shall be adjudged guilty of a class B misdemeanor.
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(RSMo 1939 § 3907, A.L. 1989 S.B. 127, et al.)
Prior revisions: 1929 § 3518; 1919 § 3863; 1909 § 5071
(1959) Proceedings before grand jury, other than matters within antidisclosure provisions of section 540.310, held admissible in evidence in quo warranto proceeding to oust prosecuting attorney. State ex inf. Dalton v. Moody (Mo.), 325 S.W.2d 21.
2023 Missouri Revised Statutes › Title XXXVII - Criminal Procedure › Chapter 540 - Grand Juries and Their Proceedings › Section 540.130 - Prosecuting or circuit attorney to attend.

Title XXXVII CRIMINAL PROCEDURE
Chapter 540
Effective - 28 Aug 1989
540.130. Prosecuting or circuit attorney to attend. —
Whenever required by any grand jury, it shall be the duty of the prosecuting or circuit attorney in the county, or in a city not within a county, to attend them for the purpose of examining witnesses in their presence, or giving them advice upon any legal matter.
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(RSMo 1939 § 3912, A.L. 1989 S.B. 127, et al.)
Prior revisions: 1929 § 3523; 1919 § 3868; 1909 § 5076
2023 Missouri Revised Statutes › Title XXXVII - Criminal Procedure › Chapter 540 - Grand Juries and Their Proceedings › Section 540.140 - Rights and privileges of prosecuting or circuit attorney.

Title XXXVII CRIMINAL PROCEDURE
Chapter 540
Effective - 28 Aug 1989
540.140. Rights and privileges of prosecuting or circuit attorney. —
The prosecuting or circuit attorney shall be allowed at all times to appear before the grand jury on his request, for the purpose of giving information relative to any matter cognizable by them, and shall be permitted to interrogate witnesses before them, when they or he shall deem it necessary. No prosecuting or circuit attorney or any other officer or person, except the grand jurors, shall be permitted to be present during the expression of their opinions or the giving of
*
their votes on any matter before them.
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(RSMo 1939 § 3913, A.L. 1989 S.B. 127, et al.)
Prior revisions: 1929 § 3524; 1919 § 3869; 1909 § 5077
*Word "of" does not appear in original rolls.
2023 Missouri Revised Statutes › Title XXXVII - Criminal Procedure › Chapter 540 - Grand Juries and Their Proceedings › Section 540.150 - Interpreter — appointment — oath.

Title XXXVII CRIMINAL PROCEDURE
Chapter 540
Effective - 28 Aug 1989
540.150. Interpreter — appointment — oath. —
Whenever in the opinion of any grand jury it shall be necessary to have an interpreter of the testimony to be given before them by any witnesses, they may appoint such interpreter and permit him to be present in the grand jury room during the hearing of the testimony of such witnesses. The interpreter shall first be sworn by the foreperson not to divulge any of the proceedings before the grand jury or the names of any witnesses. The foreperson shall further swear the interpreter to correctly interpret all questions to the witness and all the witness' answers into English.
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(RSMo 1939 § 3935, A.L. 1989 S.B. 127, et al.)
Prior revisions: 1929 § 3546; 1919 § 3891
2023 Missouri Revised Statutes › Title XXXVII - Criminal Procedure › Chapter 540 - Grand Juries and Their Proceedings › Section 540.160 - Grand jury entitled to process — exception.

Title XXXVII CRIMINAL PROCEDURE
Chapter 540
Effective - 28 Aug 1989
540.160. Grand jury entitled to process — exception. —
Whenever thereto required by any grand jury, or the foreperson thereof, or by the prosecuting or circuit attorney, the clerk of the court in which such jury is impaneled shall issue subpoenas and other process to bring witnesses to testify before such grand jury. After the finding and returning of any indictment by the grand jury, such foreperson, prosecuting or circuit attorney, or jury, shall not have the right to cause any subpoena or other process to be issued for any person who is known or believed by such foreperson, prosecuting or circuit attorney or jury to be a witness in behalf of the person or persons so indicted, or who has been subpoenaed as a witness in behalf of such person or persons, or who such foreperson, prosecuting or circuit attorney or jury may have reason to believe will be summoned as a witness in behalf of such person or persons, in regard to the matter or matters charged against such person or persons in such indictment, except upon the written order of the judge of the court into which such indictment is returned.
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(RSMo 1939 § 3914, A.L. 1989 S.B. 127, et al.)
Prior revisions: 1929 § 3525; 1919 § 3870; 1909 § 5078
(1953) Subpoena issued by court at request of prosecuting attorney, requiring production of records before grand jury and returnable at time grand jury was not in session and at time when matters affected by such records were not under grand jury investigation, was void both under the statutes and constitution of this state. State ex rel. Burke v. Scott, 364 Mo. 443, 262 S.W.2d 614.
2023 Missouri Revised Statutes › Title XXXVII - Criminal Procedure › Chapter 540 - Grand Juries and Their Proceedings › Section 540.170 - Subpoenas in vacation, when issued.

Title XXXVII CRIMINAL PROCEDURE
Chapter 540
Effective - 28 Aug 1989
540.170. Subpoenas in vacation, when issued. —
It shall be the duty of the circuit clerk to issue subpoenas for witnesses to be and appear before the grand jury of the circuit court thereafter, at the instance of the prosecuting or circuit attorney, whenever it shall be shown that such witnesses are about to absent themselves to avoid being subpoenaed before the grand jury.
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(RSMo 1939 § 3934, A.L. 1978 H.B. 1634, A.L. 1989 S.B. 127, et al.)
Prior revisions: 1929 § 3545; 1919 § 3890; 1909 § 5098
2023 Missouri Revised Statutes › Title XXXVII - Criminal Procedure › Chapter 540 - Grand Juries and Their Proceedings › Section 540.180 - Compulsory process, when issued.

Title XXXVII CRIMINAL PROCEDURE
Chapter 540
Effective - 28 Aug 1939
540.180. Compulsory process, when issued. —
If any witness, duly summoned to appear and testify before a grand jury, shall fail or refuse to obey, the court shall cause compulsory process to be issued to enforce his attendance, and may punish the delinquent in the same manner and upon like proceedings as provided by law for disobedience of a subpoena issued out of such court in other cases.
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(RSMo 1939 § 3915)
Prior revisions: 1929 § 3526; 1919 § 3871; 1909 § 5079
2023 Missouri Revised Statutes › Title XXXVII - Criminal Procedure › Chapter 540 - Grand Juries and Their Proceedings › Section 540.190 - Refusal to testify — proceedings.

Title XXXVII CRIMINAL PROCEDURE
Chapter 540
Effective - 28 Aug 1989
540.190. Refusal to testify — proceedings. —
If any witness, appearing before a grand jury, refuses to testify or to answer any interrogatories in the course of his examination, the fact and the question refused shall be communicated to the court in writing. The court shall thereupon determine whether the witness is bound to answer or not, and the grand jury shall be immediately informed of the decision.
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(RSMo 1939 § 3916, A.L. 1989 S.B. 127, et al.)
Prior revisions: 1929 § 3527; 1919 § 3872; 1909 § 5080
2023 Missouri Revised Statutes › Title XXXVII - Criminal Procedure › Chapter 540 - Grand Juries and Their Proceedings › Section 540.200 - Witness may be compelled to testify.

Title XXXVII CRIMINAL PROCEDURE
Chapter 540
Effective - 28 Aug 1989
540.200. Witness may be compelled to testify. —
If the court determines that the witness is bound to answer, and he persists in his refusal, he shall be brought before the court, who shall proceed therein in the same manner as if the witness had been interrogated and refused to answer in open court.
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(RSMo 1939 § 3917, A.L. 1989 S.B. 127, et al.)
Prior revisions: 1929 § 3528; 1919 § 3873; 1909 § 5081
(1961) Procedure in cases where witness refuses to answer questions of grand jury outlined. In re Presta v. Owsley (A.), 345 S.W.2d 649.
2023 Missouri Revised Statutes › Title XXXVII - Criminal Procedure › Chapter 540 - Grand Juries and Their Proceedings › Section 540.210 - Continued refusal to testify — proceedings.

Title XXXVII CRIMINAL PROCEDURE
Chapter 540
Effective - 28 Aug 1989
540.210. Continued refusal to testify — proceedings. —
If any such witness shall be committed for a contempt, on account of his refusal to testify, and shall persist in such refusal until the grand jury is dismissed, or until the expiration of his imprisonment, he shall not be discharged without leave of court and until he enters into a recognizance, with sufficient surety, for his appearance at such time as designated by the court.
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(RSMo 1939 § 3918, A.L. 1989 S.B. 127, et al.)
Prior revisions: 1929 § 3529; 1919 § 3874; 1909 § 5082
2023 Missouri Revised Statutes › Title XXXVII - Criminal Procedure › Chapter 540 - Grand Juries and Their Proceedings › Section 540.220 - Grand juror as witness, when.

Title XXXVII CRIMINAL PROCEDURE
Chapter 540
Effective - 28 Aug 1939
540.220. Grand juror as witness, when. —
If a grand juror knows of the commission of an indictable offense, or any material fact touching the same, he must declare such fact to his fellows, and be sworn as a witness upon the investigation before them.
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(RSMo 1939 § 3930)
Prior revisions: 1929 § 3541; 1919 § 3886; 1909 § 5094
2023 Missouri Revised Statutes › Title XXXVII - Criminal Procedure › Chapter 540 - Grand Juries and Their Proceedings › Section 540.230 - Indictment of grand juror — proceedings.

Title XXXVII CRIMINAL PROCEDURE
Chapter 540
Effective - 28 Aug 1989
540.230. Indictment of grand juror — proceedings. —
Any grand juror may be indicted or presented by the grand jury of which he is a member. When any information shall be given against a grand juror, it shall be the duty of the foreperson at once to notify the prosecuting or circuit attorney of the fact. If, on examination, there are grounds for proceedings against such juror, the foreperson shall inform the judge of the court thereof, who shall discharge the juror, and if necessary, cause another to be summoned and sworn.
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(RSMo 1939 § 3919, A.L. 1989 S.B. 127, et al.)
Prior revisions: 1929 § 3530; 1919 § 3875; 1909 § 5083
2023 Missouri Revised Statutes › Title XXXVII - Criminal Procedure › Chapter 540 - Grand Juries and Their Proceedings › Section 540.240 - Bills of indictment.

Title XXXVII CRIMINAL PROCEDURE
Chapter 540
Effective - 28 Aug 1939
540.240. Bills of indictment. —
All grand juries are hereby authorized to find and present bills of indictment for either felonies or misdemeanors committed against the laws of the state.
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(RSMo 1939 § 3908)
Prior revisions: 1929 § 3519; 1919 § 3864; 1909 § 5072