reglab/statecodes huggingface dataset:
2023 Missouri Revised Statutes › Title XXXIII - Evidence and Legal Advertisements › Chapter 491 - Witnesses › Section 491.230 - Power to issue writ of habeas corpus — persons detained in correctional facility shall not attend civil proceeding — exceptions — conditions.

Title XXXIII EVIDENCE AND LEGAL ADVERTISEMENTS
Chapter 491
• Effective - 28 Aug 1995
491.230. Power to issue writ of habeas corpus — persons detained in correctional facility shall not attend civil proceeding — exceptions — conditions. —
1. Courts of record, and any judge or justice thereof, shall have power, upon the application of any party to a criminal suit or proceeding, pending in any court of record, to issue a writ of habeas corpus for the purpose of bringing before such court any person who may be detained in jail or prison, within the state, for any cause, to be examined as a witness in such suit or proceeding, on behalf of the applicant.
2. No person detained in a correctional facility of the department of corrections shall appear and attend or be caused to appear and attend any civil proceeding, regardless of whether he is a party, except when:
(1) The offender is a respondent in a chapter 211 proceeding to terminate parental rights. In such cases the trial judge may only issue a writ of habeas corpus ad testificandum to an offender after the department of corrections has been notified and allowed fifteen days to file a written objection and be granted an opportunity to appear and make an oral presentation in opposition to the offender's appearance on the basis of security considerations and the best interests of the child or children; or
(2) The offender is a party to the civil proceeding and the court finds that the offender will be substantially and irreparably prejudiced by his failure to attend a trial on the merits in the civil proceeding. In such cases the trial judge may issue a writ of habeas corpus ad testificandum to an offender only after the department of corrections has been notified and allowed fifteen days to file written objections and been granted an opportunity to appear and make an oral presentation in opposition to the offender's appearance on the basis of security considerations.
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(RSMo 1939 § 1909, A.L. 1990 H.B. 974, A.L. 1995 H.B. 424)
Prior revisions: 1929 § 1745; 1919 § 5432; 1909 § 6376
2023 Missouri Revised Statutes › Title XXXIII - Evidence and Legal Advertisements › Chapter 491 - Witnesses › Section 491.240 - Writ to obtain witness from county jail.

Title XXXIII EVIDENCE AND LEGAL ADVERTISEMENTS
Chapter 491
• Effective - 28 Aug 1949
491.240. Writ to obtain witness from county jail. —
Such writ may also be issued by any such court, judge or justice thereof, upon application of a party to a suit or proceeding pending before any officer authorized to examine witnesses, to bring any person confined in the jail of the same county, or the county next adjoining that where the suit or proceeding is to be heard or had, before such officer, to be examined as a witness.
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(RSMo 1939 § 1910, A. 1949 S.B. 1149)
Prior revisions: 1929 § 1746; 1919 § 5433; 1909 § 6377
2023 Missouri Revised Statutes › Title XXXIII - Evidence and Legal Advertisements › Chapter 491 - Witnesses › Section 491.250 - Application for writ.

Title XXXIII EVIDENCE AND LEGAL ADVERTISEMENTS
Chapter 491
• Effective - 28 Aug 1939
491.250. Application for writ. —
An application for such writ shall be verified by affidavit, and shall state the title and nature of the proceeding in which the testimony of the prisoner is desired, the court or officer before whom pending, and that the testimony of such prisoner is material and necessary to the applicant on the trial or hearing of such suit or proceeding, as he is advised by counsel, and verily believes.
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(RSMo 1939 § 1911)
Prior revisions: 1929 § 1747; 1919 § 5434; 1909 § 6378
2023 Missouri Revised Statutes › Title XXXIII - Evidence and Legal Advertisements › Chapter 491 - Witnesses › Section 491.260 - Application of prosecuting officers.

Title XXXIII EVIDENCE AND LEGAL ADVERTISEMENTS
Chapter 491
• Effective - 28 Aug 1939
491.260. Application of prosecuting officers. —
When such application shall be made by the attorney general, prosecuting or circuit attorney, or other public prosecutor, it shall not be necessary to swear to the truth of the facts set forth in the application.
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(RSMo 1939 § 1912)
Prior revisions: 1929 § 1748; 1919 § 5435; 1909 § 6379
2023 Missouri Revised Statutes › Title XXXIII - Evidence and Legal Advertisements › Chapter 491 - Witnesses › Section 491.270 - Prisoner to be remanded after testifying.

Title XXXIII EVIDENCE AND LEGAL ADVERTISEMENTS
Chapter 491
• Effective - 28 Aug 1939
491.270. Prisoner to be remanded after testifying. —
A prisoner who shall be brought before any court, public body or officer, upon a writ of habeas corpus, to testify, shall be remanded, after having testified, to the prison from which he was taken.
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(RSMo 1939 § 1913)
Prior revisions: 1929 § 1749; 1919 § 5436; 1909 § 6380
CROSS REFERENCE:
Television, closed circuit coverage of prisoners for court appearance when, requirements, 561.031
2023 Missouri Revised Statutes › Title XXXIII - Evidence and Legal Advertisements › Chapter 491 - Witnesses › Section 491.280 - Fees of witnesses.

Title XXXIII EVIDENCE AND LEGAL ADVERTISEMENTS
Chapter 491
• Effective - 28 Aug 2003
491.280. Fees of witnesses. —
1. Witnesses shall be allowed fees for their services in the amount of twenty-five dollars per day plus a mileage allowance determined as provided in section 33.095.
2. Each witness may be examined on oath by the court or by the clerk when the court shall so order, as to factors relevant to the proper amount of payment pursuant to this section.
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(RSMo 1939 § 13420, A. 1949 S.B. 1149, A.L. 1957 p. 483, A.L. 1996 S.B. 869, A.L. 2003 H.B. 613)
Prior revisions: 1929 § 11798; 1919 § 11006; 1909 § 10709
2023 Missouri Revised Statutes › Title XXXIII - Evidence and Legal Advertisements › Chapter 491 - Witnesses › Section 491.290 - Fees, how paid.

Title XXXIII EVIDENCE AND LEGAL ADVERTISEMENTS
Chapter 491
Effective - 28 Aug 1939
491.290. Fees, how paid. —
The clerk of each court of record shall, on the application of any witness to have his fees allowed, enter on his book, under the title of the cause in which the witness was summoned or recognized, or if before the grand jury, the name of the witness, the number of days he has attended and the number of miles he has necessarily to travel in consequence of the summons or recognizance, and shall swear the witness to the truth of the facts contained in said entry, and it shall be the duty of the clerk to make out and deliver to each witness attending before the grand jury, and entitled to fees therefor, a scrip as required in case of grand jurors, which scrip shall be countersigned by the foreman of the grand jury, and shall be paid by the county treasurer in like manner as now by law required for the pay of grand jurors; and the clerk shall be allowed the same compensation for said services as is now allowed by law for like services in issuing scrip to grand jurors.
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(RSMo 1939 § 13421)
Prior revisions: 1929 § 11799; 1919 § 11007; 1909 § 10710
2023 Missouri Revised Statutes › Title XXXIII - Evidence and Legal Advertisements › Chapter 491 - Witnesses › Section 491.310 - Associate circuit judge to issue subpoenas.

Title XXXIII EVIDENCE AND LEGAL ADVERTISEMENTS
Chapter 491
Effective - 28 Aug 1945
491.310. Associate circuit judge to issue subpoenas. —
The associate circuit judge shall issue subpoenas for witnesses at the instance of either party, and shall include all the witnesses ordered at the same time by a party in one subpoena.
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(RSMo 1939 § 2649, A.L. 1945 p. 765 § 85)
Prior revisions: 1929 § 2263; 1919 § 2813; 1909 § 7490
2023 Missouri Revised Statutes › Title XXXIII - Evidence and Legal Advertisements › Chapter 491 - Witnesses › Section 491.320 - Validity of subpoena.

Title XXXIII EVIDENCE AND LEGAL ADVERTISEMENTS
Chapter 491
Effective - 28 Aug 1945
491.320. Validity of subpoena. —
A subpoena issued by an associate circuit judge shall be valid to compel the attendance in an associate circuit judge's court of a witness, as provided in sections 491.010 to 491.270.
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(RSMo 1939 § 2650, A.L. 1945 p. 765 § 86)
Prior revisions: 1929 § 2264; 1919 § 2814; 1909 § 7491
2023 Missouri Revised Statutes › Title XXXIII - Evidence and Legal Advertisements › Chapter 491 - Witnesses › Section 491.330 - Associate circuit judge may order witness attached, when.

Title XXXIII EVIDENCE AND LEGAL ADVERTISEMENTS
Chapter 491
Effective - 28 Aug 1945
491.330. Associate circuit judge may order witness attached, when. —
Whenever it shall appear to the satisfaction of the associate circuit judge that any person duly subpoenaed to appear before him in a suit shall have failed without just cause to attend as a witness in conformity to such subpoena, and the party in whose behalf the subpoena was issued, or his attorney, shall make oath that the testimony of such witness is material, the associate circuit judge shall have power to issue an attachment to compel the attendance of such witness.
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(RSMo 1939 § 2652, A.L. 1945 p. 765 § 88)
Prior revisions: 1929 § 2266; 1919 § 2816; 1909 § 7493
2023 Missouri Revised Statutes › Title XXXIII - Evidence and Legal Advertisements › Chapter 491 - Witnesses › Section 491.340 - Attachment to be executed as in criminal cases — cost.

Title XXXIII EVIDENCE AND LEGAL ADVERTISEMENTS
Chapter 491
Effective - 28 Aug 1945
491.340. Attachment to be executed as in criminal cases — cost. —
Every such attachment may be directed to any sheriff or other officer provided by law of the county in which the witness resides, and shall be executed in the same manner as a warrant in a criminal case; and the fees of the officer for issuing and serving the same shall be paid by the person against whom the same shall have been issued, unless he show reasonable cause, to the satisfaction of the associate circuit judge, for his omission to attend, in which case the party requiring such attendance shall pay all costs of such attachment.
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(RSMo 1939 § 2653, A.L. 1945 p. 765 § 89)
Prior revisions: 1929 § 2267; 1919 § 2817; 1909 § 7494
2023 Missouri Revised Statutes › Title XXXIII - Evidence and Legal Advertisements › Chapter 491 - Witnesses › Section 491.350 - Penalty for failure to obey subpoena without excuse.

Title XXXIII EVIDENCE AND LEGAL ADVERTISEMENTS
Chapter 491
Effective - 28 Aug 1945
491.350. Penalty for failure to obey subpoena without excuse. —
If any witness so attached shall show a reasonable excuse for not appearing, as required by the subpoena, he shall be discharged, either with or without payment of the costs of the attachment, in the discretion of the associate circuit judge; but if he fail to show any good and sufficient reason for not attending, he shall be fined in such sum as the associate circuit judge shall think reasonable to impose, not exceeding twenty dollars, and may be committed until such fine and costs are paid, in like manner as persons may be committed for the nonpayment of fines and costs in criminal cases.
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(RSMo 1939 § 2654, A.L. 1945 p. 765 § 90)
Prior revisions: 1929 § 2268; 1919 § 2818; 1909 § 7495
2023 Missouri Revised Statutes › Title XXXIII - Evidence and Legal Advertisements › Chapter 491 - Witnesses › Section 491.360 - Continuance of case — associate circuit judge to notify witnesses.

Title XXXIII EVIDENCE AND LEGAL ADVERTISEMENTS
Chapter 491
Effective - 28 Aug 1945
491.360. Continuance of case — associate circuit judge to notify witnesses. —
When any cause shall be continued by the associate circuit judge, it shall be his duty forthwith to call before him all witnesses summoned in the cause, and verbally notify such as may attend to appear before him, to testify in the cause, on the day set for trial, which verbal notice shall be in all respects as valid as a summons; and the associate circuit judge shall enter in his record the fact of notice and the names of the witnesses notified. No summons shall thereafter issue to any witness notified as directed.
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(RSMo 1939 § 2656, A.L. 1945 p. 765 § 92)
Prior revisions: 1929 § 2270; 1919 § 2820; 1909 § 7497
2023 Missouri Revised Statutes › Title XXXIII - Evidence and Legal Advertisements › Chapter 491 - Witnesses › Section 491.370 - Cost of surplus witnesses paid by whom.

Title XXXIII EVIDENCE AND LEGAL ADVERTISEMENTS
Chapter 491
Effective - 28 Aug 1945
491.370. Cost of surplus witnesses paid by whom. —
If either party subpoena more than three witnesses to prove any one fact, or shall subpoena any person or persons and not examine them as witnesses on the trial, he shall pay the costs occasioned by such surplus or unnecessary witness or witnesses, unless the testimony of such unexamined witnesses shall be rendered unnecessary by admissions of the opposite party on the trial.
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(RSMo 1939 § 2657, A.L. 1945 p. 765 § 93)
Prior revisions: 1929 § 2271; 1919 § 2821; 1909 § 7498
2023 Missouri Revised Statutes › Title XXXIII - Evidence and Legal Advertisements › Chapter 491 - Witnesses › Section 491.380 - Competency of witnesses, how determined — oath of witnesses.

Title XXXIII EVIDENCE AND LEGAL ADVERTISEMENTS
Chapter 491
Effective - 28 Aug 1945
491.380. Competency of witnesses, how determined — oath of witnesses. —
1. If a witness, on being produced, shall be objected to as incompetent, such objection shall be tried and determined by the associate circuit judge.
2. Every person offered as a witness, before any testimony shall be given by him, shall be duly sworn, or affirmed, that the evidence he shall give relating to the matter in issue between ______, plaintiff, and ______, defendant, shall be the truth, the whole truth, and nothing but the truth.
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(RSMo 1939 § 2658, A.L. 1945 p. 765 § 94)
Prior revisions: 1929 § 2272; 1919 § 2822; 1909 § 7499
2023 Missouri Revised Statutes › Title XXXIII - Evidence and Legal Advertisements › Chapter 491 - Witnesses › Section 491.400 - Definitions.

Title XXXIII EVIDENCE AND LEGAL ADVERTISEMENTS
Chapter 491
• Effective - 28 Aug 1959
491.400. Definitions. —
As used in sections 491.400 to 491.450 the following terms mean and include:
(1)
"State"
, any territory of the United States and District of Columbia.
(2)
"Summons"
, a subpoena, order or other notice requiring the appearance of a witness.
(3)
"Witness"
, a person whose testimony is desired in any proceeding or investigation by a grand jury or in a criminal action, prosecution or proceeding.
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(L. 1959 H.B. 295 § 2)
2023 Missouri Revised Statutes › Title XXXIII - Evidence and Legal Advertisements › Chapter 491 - Witnesses › Section 491.420 - Witness from another state summoned to testify in this state.

Title XXXIII EVIDENCE AND LEGAL ADVERTISEMENTS
Chapter 491
• Effective - 28 Aug 1959
491.420. Witness from another state summoned to testify in this state. —
1. If a person in any state, which by its laws has made provision for commanding persons within its borders to attend and testify in criminal prosecutions, or grand jury investigations commenced or about to commence, in this state, is a material witness in a prosecution pending in a court of record in this state, or in a grand jury investigation which has commenced or is about to commence, a judge of such court may issue a certificate under the seal of the court stating these facts and specifying the number of days the witness will be required. The certificate may include a recommendation that the witness be taken into immediate custody and delivered to an officer of this state to assure his attendance in this state. This certificate shall be presented to a judge of a court of record in the county in which the witness is found.
2. If the witness is summoned to attend and testify in this state he shall be tendered by the treasurer of the county in which the prosecution is pending the sum of ten cents a mile for each mile by the ordinary traveled route to and from the court where the prosecution is pending, and fifteen dollars for each day that he is required to travel and attend as a witness. A witness who has appeared in accordance with the provisions of the summons shall not be required to remain within this state a longer period of time than the period mentioned in the certificate, unless otherwise ordered by the court. If the witness, after coming into this state, fails without good cause to attend and testify as directed in the summons, he shall be punished in the manner provided for the punishment of any witness who disobeys a summons issued from a court of record in this state.
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(L. 1959 H.B. 295 § 4)
(1974) Case remanded for hearing to determine if failure to subpoena alibi witnesses from another state was ineffectiveness of counsel. Garton v. Swenson (C.A. Mo.), 497 F.2d 1137.
2023 Missouri Revised Statutes › Title XXXIII - Evidence and Legal Advertisements › Chapter 491 - Witnesses › Section 491.430 - Exemption from arrest and service of process.

Title XXXIII EVIDENCE AND LEGAL ADVERTISEMENTS
Chapter 491
• Effective - 28 Aug 1959
491.430. Exemption from arrest and service of process. —
1. If a person comes into this state in obedience to a summons directing him to attend and testify in this state he is not, while in this state pursuant to such summons, subject to arrest or the service of process, civil or criminal, in connection with matters which arose before his entrance into this state under the summons.
2. If a person passes through this state while going to another state in obedience to a summons to attend and testify in that state or while returning therefrom, he is not while so passing through this state subject to arrest or the service of process, civil or criminal, in connection with matters which arose before his entrance into this state under the summons.
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(L. 1959 H.B. 295 § 5)
2023 Missouri Revised Statutes › Title XXXIII - Evidence and Legal Advertisements › Chapter 491 - Witnesses › Section 491.440 - Uniformity of interpretation.

Title XXXIII EVIDENCE AND LEGAL ADVERTISEMENTS
Chapter 491
• Effective - 28 Aug 1959
491.440. Uniformity of interpretation. —
This law shall be so interpreted and construed as to effectuate its general purpose to make uniform the law of the states which enact it.
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(L. 1959 H.B. 295 § 6)
2023 Missouri Revised Statutes › Title XXXIII - Evidence and Legal Advertisements › Chapter 491 - Witnesses › Section 491.450 - Short title.

Title XXXIII EVIDENCE AND LEGAL ADVERTISEMENTS
Chapter 491
• Effective - 28 Aug 1959
491.450. Short title. —
This law may be cited as the "Uniform Law to Secure the Attendance of Witnesses from Within or Without a State in Criminal Proceedings".
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(L. 1959 H.B. 295 § 1)
2023 Missouri Revised Statutes › Title XXXIII - Evidence and Legal Advertisements › Chapter 491 - Witnesses › Section 491.600 - Courts with criminal jurisdiction may issue orders to protect witness or victim.

Title XXXIII EVIDENCE AND LEGAL ADVERTISEMENTS
Chapter 491
• Effective - 28 Aug 1983
491.600. Courts with criminal jurisdiction may issue orders to protect witness or victim. —
Any court with jurisdiction over any criminal matter may, in its discretion, upon substantial evidence, which may include hearsay, that intimidation or dissuading of any person who is a victim or who is a witness has occurred or is reasonably likely to occur, issue orders including but not limited to the following:
(1) An order that a defendant not engage in activity as defined by section 575.270 and maintain a prescribed geographic distance from a witness or victim;
(2) An order that a person before the court other than a defendant, including but not limited to a subpoenaed witness or other person entering the courtroom of said court, not engage in activity as defined by section 575.270, and maintain a prescribed geographic distance from a witness or victim;
(3) An order that any person described in subdivision (1) or (2) of this section have no connection whatsoever with any specified witness or any victim, except through an attorney under such reasonable restrictions as the court may impose.
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(L. 1983 S.B. 24 § 2)
2023 Missouri Revised Statutes › Title XXXIII - Evidence and Legal Advertisements › Chapter 491 - Witnesses › Section 491.610 - Violation of protective orders, penalties.

Title XXXIII EVIDENCE AND LEGAL ADVERTISEMENTS
Chapter 491
Effective - 28 Aug 1983
491.610. Violation of protective orders, penalties. —
Any person violating any order made pursuant to section 491.600 may be punished in any of the following ways:
(1) For any substantive offense described in section 575.270 where such violation of an order is a violation of section 575.270 as a contempt of the court making such order; however, no finding of contempt shall be a bar for prosecution for a substantive offense as defined in section 575.270, but:
(a) Any person so held in contempt shall be entitled to credit for any punishment imposed against any sentence imposed or conviction of said substantive offense; and
(b) Any conviction or acquittal for any substantive offense under section 575.270 shall be a bar to subsequent punishment for contempt arising out of the same act;
(2) By revocation of any form of pretrial release, or the forfeiture of bail or both and to issuance of a bench warrant for the defendant's arrest or remanding him to custody. The revocation may be made whether the violation of the order complained of has been committed by the defendant personally or was caused or encouraged to have been committed by such defendant.
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(L. 1983 S.B. 24 § 3)
2023 Missouri Revised Statutes › Title XXXIII - Evidence and Legal Advertisements › Chapter 491 - Witnesses › Section 491.620 - Pretrial releases of defendant conditional — notice of prohibited witness tampering activities required.

Title XXXIII EVIDENCE AND LEGAL ADVERTISEMENTS
Chapter 491
Effective - 28 Aug 1983
491.620. Pretrial releases of defendant conditional — notice of prohibited witness tampering activities required. —
1. Any pretrial release of any defendant whether on bail or under any other form of recognizance shall be deemed as a matter of law to include a condition that the defendant neither do nor cause to be done nor permit to be done on his behalf any act prescribed by section 575.270.
2. Any request form for bail or bond given by the clerk of any court, by any court, by any surety or bondsman, and any written promise to appear on one's own recognizance shall contain in a conspicuous location notice of prohibited activities under section 575.270.
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(L. 1983 S.B. 24 § 4)
2023 Missouri Revised Statutes › Title XXXIII - Evidence and Legal Advertisements › Chapter 491 - Witnesses › Section 491.675 - Citation of sections 491.675 to 491.705.

Title XXXIII EVIDENCE AND LEGAL ADVERTISEMENTS
Chapter 491
• Effective - 28 Aug 1987
491.675. Citation of sections 491.675 to 491.705. —
The provisions of sections 491.675 to 491.705 shall be known and may be cited as the "Child Victim Witness Protection Law".
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(L. 1985 H.B. 366, et al. § 7, A.L. 1987 H.B. 598)
2023 Missouri Revised Statutes › Title XXXIII - Evidence and Legal Advertisements › Chapter 491 - Witnesses › Section 491.678 - Child defined.

Title XXXIII EVIDENCE AND LEGAL ADVERTISEMENTS
Chapter 491
• Effective - 19 Jul 1985, see footnote
491.678. Child defined. —
For purposes of sections 491.675 to 491.693, the term
"child"
means a person under seventeen years of age who is the alleged victim in any criminal prosecution under chapter 565, 566 or 568.
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(L. 1985 H.B. 366, et al. § 8)
Effective 7-19-85
2023 Missouri Revised Statutes › Title XXXIII - Evidence and Legal Advertisements › Chapter 491 - Witnesses › Section 491.685 - Defendant may be excluded from child victim deposition proceedings, when.

Title XXXIII EVIDENCE AND LEGAL ADVERTISEMENTS
Chapter 491
• Effective - 19 Jul 1985, see footnote
491.685. Defendant may be excluded from child victim deposition proceedings, when. —
1. On motion of the prosecuting attorney, the court may exclude the defendant from any or all deposition proceedings at which the child is to testify. However, where any such order of exclusion is entered, the child shall not be excused as a witness until the defendant has had a reasonable opportunity to review the videotape recording in private with his counsel and to consult with his counsel; and until his counsel has been afforded the opportunity to cross-examine the child following such review and consultation.
2. The court may also order, on motion of the prosecuting attorney, during all predeposition procedures, recesses, and post-deposition matters that the child be sequestered from the view and presence of the defendant.
3. In no event shall the child's videotaped testimony be admitted into evidence until the defendant and his attorney have been afforded a reasonable opportunity to review the videotape in private in the presence of each other.
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(L. 1985 H.B. 366, et al. § 10)
Effective 7-19-85
2023 Missouri Revised Statutes › Title XXXIII - Evidence and Legal Advertisements › Chapter 491 - Witnesses › Section 491.687 - Court may order videotaped reexamination, when.

Title XXXIII EVIDENCE AND LEGAL ADVERTISEMENTS
Chapter 491
• Effective - 19 Jul 1985, see footnote
491.687. Court may order videotaped reexamination, when. —
At any time prior to trial, and for good cause shown, the court may, upon motion of any party, order a videotaped reexamination of the child where the interests of justice so require.
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(L. 1985 H.B. 366, et al. § 11)
Effective 7-19-85
2023 Missouri Revised Statutes › Title XXXIII - Evidence and Legal Advertisements › Chapter 491 - Witnesses › Section 491.690 - Provisions of sections 491.675 to 491.693 not to apply where defendant has waived right to counsel — exceptions.

Title XXXIII EVIDENCE AND LEGAL ADVERTISEMENTS
Chapter 491
• Effective - 19 Jul 1985, see footnote
491.690. Provisions of sections 491.675 to 491.693 not to apply where defendant has waived right to counsel — exceptions. —
Where a defendant has waived the right to counsel and elected to represent himself, the provisions of sections 491.675 to 491.693 shall not apply, except in the discretion of the court, under such rules, procedures and restrictions as the court may, in the interests of justice, impose.
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(L. 1985 H.B. 366, et al. § 12)
Effective 7-19-85
2023 Missouri Revised Statutes › Title XXXIII - Evidence and Legal Advertisements › Chapter 491 - Witnesses › Section 491.693 - Testimony to be under oath.

Title XXXIII EVIDENCE AND LEGAL ADVERTISEMENTS
Chapter 491
• Effective - 19 Jul 1985, see footnote
491.693. Testimony to be under oath. —
All testimony taken under sections 491.675 to 491.693 shall be under oath.
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(L. 1985 H.B. 366, et al. § 13)
Effective 7-19-85
2023 Missouri Revised Statutes › Title XXXIII - Evidence and Legal Advertisements › Chapter 491 - Witnesses › Section 491.696 - Child defined — videotaped testimony for juvenile court hearings.

Title XXXIII EVIDENCE AND LEGAL ADVERTISEMENTS
Chapter 491
• Effective - 28 Aug 1987
491.696. Child defined — videotaped testimony for juvenile court hearings. —
For purposes of sections 491.696 to 491.705, the term
"child"
means a person seventeen years of age or under who is the alleged victim of sexual abuse, physical abuse, or neglect as such terms are defined in section 210.110.
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(L. 1987 H.B. 598)
2023 Missouri Revised Statutes › Title XXXIII - Evidence and Legal Advertisements › Chapter 491 - Witnesses › Section 491.699 - Juvenile court hearings — court may order video recording of alleged child victim, when — procedure — cross-examination — counsel appointed for perpetrator, when.

Title XXXIII EVIDENCE AND LEGAL ADVERTISEMENTS
Chapter 491
• Effective - 28 Aug 1987
491.699. Juvenile court hearings — court may order video recording of alleged child victim, when — procedure — cross-examination — counsel appointed for perpetrator, when. —
1. Upon the motion of the juvenile officer, the court may order that an in-camera videotaped recording of the testimony of the alleged child victim be made for use as substantive evidence at a juvenile court hearing held pursuant to the provisions of chapter 211. The provisions of section 491.075 relating to the admissibility of statements made by a child under the age of twelve shall apply to proceedings in juvenile court.
2. In determining whether or not to allow such motion, the court shall consider the elements of the offense charged and the emotional or psychological trauma to the child if required to testify in open court or to be brought into the personal presence of the alleged perpetrator. Such recording shall be retained by the juvenile officer and shall be admissible in lieu of the child's personal appearance and testimony at juvenile court hearings. A transcript of such testimony shall be made as soon as possible after the completion of such deposition and shall be provided to all parties to the action.
3. The court shall preside over the depositions, which shall be conducted in accordance with the rules of evidence applicable to civil cases.
4. In any prosecution under either subdivision (2) or (3) of subsection 1 of section 211.031, the attorney for the alleged perpetrator shall have at least two opportunities to cross-examine the deposed alleged child victim.
5. Prior to the taking of the deposition which is to be used as substantive evidence at the hearing pursuant to sections 491.696 to 491.705, the attorney for any party to the action shall be provided with such discoverable materials and information as the court may, on motion, direct; shall be afforded a reasonable time to examine such materials; and shall be permitted to cross-examine the child during the deposition.
6. In any prosecution under either subdivision (2) or (3) of subsection 1 of section 211.031, if the alleged perpetrator is not represented by counsel and if, upon inquiry, it appears to the court that he or she will be unable to obtain counsel within a reasonable period of time, the court shall appoint the public defender or other counsel to represent the alleged perpetrator at the deposition.
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(L. 1987 H.B. 598)
2023 Missouri Revised Statutes › Title XXXIII - Evidence and Legal Advertisements › Chapter 491 - Witnesses › Section 491.702 - Perpetrator may be excluded from child victim deposition proceeding, when — sequestration of victim — review of tapes required, when.

Title XXXIII EVIDENCE AND LEGAL ADVERTISEMENTS
Chapter 491
• Effective - 28 Aug 1987
491.702. Perpetrator may be excluded from child victim deposition proceeding, when — sequestration of victim — review of tapes required, when. —
1. On motion of the juvenile officer, the court may exclude the alleged perpetrator from any or all deposition proceedings at which the child is to testify. However, where any such order of exclusion is entered, the child shall not be excused as a witness until the alleged perpetrator has had a reasonable opportunity to review the videotape recording in private with his counsel and to consult with his counsel; and until his counsel has been afforded the opportunity to cross-examine the child following such review and consultation.
2. The court may also order, on motion of the juvenile officer, during all predeposition procedures, recesses, and post-deposition matters that the child be sequestered from the view and presence of the alleged perpetrator.
3. In no event shall the child's videotaped testimony be admitted into evidence until all parties and their attorneys have been afforded a reasonable opportunity to review the videotape in private in the presence of each other.
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(L. 1987 H.B. 598)
2023 Missouri Revised Statutes › Title XXXIII - Evidence and Legal Advertisements › Chapter 491 - Witnesses › Section 491.705 - Court may order videotaped reexamination, when — testimony to be under oath.

Title XXXIII EVIDENCE AND LEGAL ADVERTISEMENTS
Chapter 491
• Effective - 28 Aug 1987
491.705. Court may order videotaped reexamination, when — testimony to be under oath. —
1. At any time prior to a hearing, and for good cause shown, the court may, upon motion of any party, order a videotaped reexamination of the child where the interests of justice so require.
2. All testimony taken under sections 491.696 to 491.705 shall be under oath.
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(L. 1987 H.B. 598)
2023 Missouri Revised Statutes › Title XXXIII - Evidence and Legal Advertisements › Chapter 491 - Witnesses › Section 491.710 - Hearings involving child witnesses given docket priority — delays or continuances granted, when.

Title XXXIII EVIDENCE AND LEGAL ADVERTISEMENTS
Chapter 491
Effective - 28 Aug 1987
491.710. Hearings involving child witnesses given docket priority — delays or continuances granted, when. —
In all criminal cases and juvenile court hearings under chapter 211 involving a child victim or witness, as defined in section 491.678 or 491.696, the court shall give docket priority. The court and the prosecuting or circuit attorney shall take appropriate action to insure a speedy trial in order to minimize the length of time the child must endure the stress of his or her involvement in the proceeding. In ruling on any motion or other request for a delay or continuance of proceedings, the court shall consider and give weight to any adverse impact the delay or continuance may have on the well-being of a child victim or witness.
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(L. 1987 H.B. 598 § 17)
2023 Missouri Revised Statutes › Title XXXIII - Evidence and Legal Advertisements › Chapter 492 - Oaths and Affirmations, Depositions and Perpetuation of Testimony › Section 492.010 - Officers and notary public authorized to administer oaths.

Title XXXIII EVIDENCE AND LEGAL ADVERTISEMENTS
Chapter 492
Effective - 28 Aug 1988
492.010. Officers and notary public authorized to administer oaths. —
Every court and judge, justice and clerk thereof, notaries public, certified court reporters and certified shorthand reporters, shall respectively have power to administer oaths and affirmations to witnesses and others concerning any thing or proceeding pending
*
before them, respectively, and to administer oaths and take affidavits and depositions within their respective jurisdictions, in all cases where oaths and affirmations are required by law to be taken.
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(RSMo 1939 § 1884, A.L. 1988 S.B. 425)
Prior revisions: 1929 § 1720; 1919 § 5407; 1909 § 6351
*Word "depending" appears in original rolls.
2023 Missouri Revised Statutes › Title XXXIII - Evidence and Legal Advertisements › Chapter 492 - Oaths and Affirmations, Depositions and Perpetuation of Testimony › Section 492.020 - Oaths required to be taken before particular officer may be taken before others, when.

Title XXXIII EVIDENCE AND LEGAL ADVERTISEMENTS
Chapter 492
Effective - 28 Aug 1939
492.020. Oaths required to be taken before particular officer may be taken before others, when. —
Whenever any oath or affirmation is required by law to be taken before a particular court or officer, the same may be done before any other court or officer empowered to administer oaths, unless it is expressly prohibited; and when no court or officer is named by whom an oath may be administered or affidavit taken, the same may be done by any court or officer authorized to administer oaths.
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(RSMo 1939 § 1885)
Prior revisions: 1929 § 1721; 1919 § 5408; 1909 § 6352
2023 Missouri Revised Statutes › Title XXXIII - Evidence and Legal Advertisements › Chapter 492 - Oaths and Affirmations, Depositions and Perpetuation of Testimony › Section 492.030 - Parties may affirm, when.

Title XXXIII EVIDENCE AND LEGAL ADVERTISEMENTS
Chapter 492
Effective - 28 Aug 1939
492.030. Parties may affirm, when. —
Every person who shall declare that he has conscientious scruples against taking an oath or swearing in any form shall be permitted to make his solemn declaration or affirmation in the following form: "You do solemnly declare and affirm", etc., concluding with the words "under the pains and penalties of perjury".
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(RSMo 1939 § 1881)
Prior revisions: 1929 § 1717; 1919 § 5404; 1909 § 6348
2023 Missouri Revised Statutes › Title XXXIII - Evidence and Legal Advertisements › Chapter 492 - Oaths and Affirmations, Depositions and Perpetuation of Testimony › Section 492.040 - Officer shall adopt mode most binding on conscience, when.

Title XXXIII EVIDENCE AND LEGAL ADVERTISEMENTS
Chapter 492
Effective - 28 Aug 1939
492.040. Officer shall adopt mode most binding on conscience, when. —
Whenever the court or officer by whom any person is about to be sworn shall be satisfied that such person has any peculiar mode of swearing connected with or in addition to the usual form of administering oaths, which is to him of more solemn and binding obligation, the court or officer shall adopt that mode which shall appear to be most binding on the conscience of the person to be sworn.
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(RSMo 1939 § 1882)
Prior revisions: 1929 § 1718; 1919 § 5405; 1909 § 6349
2023 Missouri Revised Statutes › Title XXXIII - Evidence and Legal Advertisements › Chapter 492 - Oaths and Affirmations, Depositions and Perpetuation of Testimony › Section 492.050 - Parties to be sworn according to the ceremonies of their religion.

Title XXXIII EVIDENCE AND LEGAL ADVERTISEMENTS
Chapter 492
Effective - 28 Aug 1939
492.050. Parties to be sworn according to the ceremonies of their religion. —
Every person, believing in any other than the Christian religion, shall be sworn according to the peculiar ceremonies of his religion, if there be any such ceremonies.
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(RSMo 1939 § 1883)
Prior revisions: 1929 § 1719; 1919 § 5406; 1909 § 6350
2023 Missouri Revised Statutes › Title XXXIII - Evidence and Legal Advertisements › Chapter 492 - Oaths and Affirmations, Depositions and Perpetuation of Testimony › Section 492.060 - Persons deemed to have been lawfully sworn, when.

Title XXXIII EVIDENCE AND LEGAL ADVERTISEMENTS
Chapter 492
• Effective - 28 Aug 1939
492.060. Persons deemed to have been lawfully sworn, when. —
In all cases in which an oath or affirmation is required or authorized by law, every person swearing, affirming or declaring, in whatever form, shall be deemed to have been lawfully sworn, and to be guilty of perjury for corruptly and falsely swearing, affirming or declaring, in the same manner as if he had sworn by laying his hand on the gospels and kissing them.
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(RSMo 1939 § 1886)
Prior revisions: 1929 § 1722; 1919 § 5409; 1909 § 6353
2023 Missouri Revised Statutes › Title XXXIII - Evidence and Legal Advertisements › Chapter 492 - Oaths and Affirmations, Depositions and Perpetuation of Testimony › Section 492.070 - Oaths, affirmations, depositions of persons in military service, who may take — form — validation of those previously taken.

Title XXXIII EVIDENCE AND LEGAL ADVERTISEMENTS
Chapter 492
• Effective - 12 Jun 1991, see footnote
492.070. Oaths, affirmations, depositions of persons in military service, who may take — form — validation of those previously taken. —
1. Any commissioned officer, other than a commissioned warrant officer, of any of the Armed Forces of the United States, whether or not on active duty, may administer oaths and affirmations to, and to take depositions, and affidavits of, any member of any of the Armed Forces of the United States, whether or not on active duty, with like effect as if the same were administered or taken within the state of Missouri by a notary public.
2. Such officer shall certify the act, stating the time and place thereof, over his signature, setting forth his grade, serial number, branch of service (Army, Navy, etc.), and permanent mailing address. If such officer shall omit from his certificate the place thereof, serial number, branch of service, and permanent mailing address, or any of them, it shall be deemed to have been done for reasons of security and shall not invalidate such certificate. The signature of any such officer, together with his grade, shall be prima facie evidence of his authority.
3. Any form of jurat complying with the requirements of this section may be used, and the following form shall be taken to satisfy all requirements of this section:
With the Armed Forces
)
of the United States
) ss
at ______
)
(Body of instrument)
Subscribed and sworn to (affirmed) by ______, to me known to be a member of the Armed Forces of the United States, on active duty therewith, before me, a commissioned officer of the Armed Forces of the United States, on active duty therewith, this ______ day of ______, A.D. 20______.
(Signature)
(Serial Number)
______________________________________________________
(Grade)
(Branch of service:
Army, Navy, etc.)
______________________________________________________
(Permanent mailing address)
______________________________________________________
4. All such oaths, affirmations, affidavits, and depositions heretofore made and which were not in conformity with the requirements of the laws at that time, but are in conformity with the requirements of this section, are hereby validated and legalized for all purposes from and after June 12, 1991. It shall not be necessary to rerecord any such instrument.
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(RSMo 1939 § 1948, A.L. 1951 p. 533, A.L. 1991 S.B. 358)
Prior revisions: 1929 § 1784; 1919 § 5471
Effective 6-12-91
2023 Missouri Revised Statutes › Title XXXIII - Evidence and Legal Advertisements › Chapter 492 - Oaths and Affirmations, Depositions and Perpetuation of Testimony › Section 492.080 - Depositions may be obtained conditionally.

Title XXXIII EVIDENCE AND LEGAL ADVERTISEMENTS
Chapter 492
• Effective - 28 Aug 1939
492.080. Depositions may be obtained conditionally. —
Any party to a suit pending in any court in this state may obtain the deposition of any witness, to be used in such suit, conditionally.
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(RSMo 1939 § 1917)
Prior revisions: 1929 § 1753; 1919 § 5440; 1909 § 6384
CROSS REFERENCES:
Criminal case--defendant may take and use depositions, when, 545.380, 545.400
Felony cases, state may take depositions, when, Const. Art. I § 18(b)
Public service commission, depositions in proceedings before, 386.420
Referees, depositions may be used in proceedings before, 515.160
Survey corners, deposition in proceedings to establish by testimony, 446.090
Unlawful detainer actions, depositions taken and used, 534.180, 534.190
(1955) Where witness was old, sick and feeble and evidence indicated the taking of his oral testimony might endanger his life, court and special commissioner had discretion to deny the right to take his oral testimony by deposition. State ex rel. Nichols v. Killoren (A.), 285 S.W.2d 38.
2023 Missouri Revised Statutes › Title XXXIII - Evidence and Legal Advertisements › Chapter 492 - Oaths and Affirmations, Depositions and Perpetuation of Testimony › Section 492.090 - Officers authorized to take depositions.

Title XXXIII EVIDENCE AND LEGAL ADVERTISEMENTS
Chapter 492
• Effective - 28 Aug 1939
492.090. Officers authorized to take depositions. —
Depositions may be taken by some one of the following officers:
(1) If taken within this state, by some judge, justice, associate circuit judge, notary public or clerk of any court having a seal, in vacation of court, mayor or chief officer of a city or town having a seal of office;
(2) If taken without this state, by some officer out of this state appointed by authority of the laws of this state to take depositions, or by some consul or commercial or diplomatic representative of the United States, having a seal, or mayor or chief officer of any city, town or borough, having a seal of office, or by some judge, justice of the peace, or other judicial officer, or by some notary public, within the government where the witness may be found.
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(RSMo 1939 § 1920)
Prior revisions: 1929 § 1756; 1919 § 5443; 1909 § 6387
(1988) Nonparty deposition of out-of-state witness taken by telephone is permissible and proper evidence for jury to consider. Patton v. May Dept. Stores Co., 762 S.W.2d 38 (Mo.banc).
2023 Missouri Revised Statutes › Title XXXIII - Evidence and Legal Advertisements › Chapter 492 - Oaths and Affirmations, Depositions and Perpetuation of Testimony › Section 492.100 - Commissioners of foreign courts may compel attendance of witnesses.

Title XXXIII EVIDENCE AND LEGAL ADVERTISEMENTS
Chapter 492
• Effective - 28 Aug 1939
492.100. Commissioners of foreign courts may compel attendance of witnesses. —
Commissioners appointed by any other state, or any of the territories of the United States, or the District of Columbia, for the purpose of taking depositions and affidavits, and the acknowledgments of deeds, powers of attorney and other instruments of writing, and residing in this state, shall have the same power to compel the attendance of witnesses in the taking of depositions and the proof of deeds, and in all other cases where it may be necessary in the discharge of the duties of their office, as is now given by law to any court of record in this state, in compelling the attendance of witnesses before such court.
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(RSMo 1939 § 1914)
Prior revisions: 1929 § 1750; 1919 § 5437; 1909 § 6381
2023 Missouri Revised Statutes › Title XXXIII - Evidence and Legal Advertisements › Chapter 492 - Oaths and Affirmations, Depositions and Perpetuation of Testimony › Section 492.110 - Witness residing out of this state, commission to issue.

Title XXXIII EVIDENCE AND LEGAL ADVERTISEMENTS
Chapter 492
• Effective - 28 Aug 1939
492.110. Witness residing out of this state, commission to issue. —
When the witness resides out of this state, the party desiring his testimony may sue out of the court in which the suit is pending, or out of the office of the clerk thereof, a commission to take the deposition of the witness.
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(RSMo 1939 § 1918)
Prior revisions: 1929 § 1754; 1919 § 5441; 1909 § 6385
2023 Missouri Revised Statutes › Title XXXIII - Evidence and Legal Advertisements › Chapter 492 - Oaths and Affirmations, Depositions and Perpetuation of Testimony › Section 492.120 - Commission, how issued, to whom directed.

Title XXXIII EVIDENCE AND LEGAL ADVERTISEMENTS
Chapter 492
• Effective - 28 Aug 1939
492.120. Commission, how issued, to whom directed. —
The commission shall be under the seal of the court, and shall be directed to any officer herein authorized to take depositions within the government where the witness may be found.
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(RSMo 1939 § 1921)
Prior revisions: 1929 § 1757; 1919 § 5444; 1909 § 6388
2023 Missouri Revised Statutes › Title XXXIII - Evidence and Legal Advertisements › Chapter 492 - Oaths and Affirmations, Depositions and Perpetuation of Testimony › Section 492.130 - Power and duty of the officer under the commission.

Title XXXIII EVIDENCE AND LEGAL ADVERTISEMENTS
Chapter 492
• Effective - 28 Aug 1939
492.130. Power and duty of the officer under the commission. —
The commission shall authorize such officer to cause to come before him such person or persons as shall be named to him by the party suing for the same, and shall command such officer to examine such person touching his knowledge of anything relating to the matter in controversy, and to reduce such examination to writing, and return the same, annexed to the commission, to the court wherein or the associate circuit judge before whom the action is pending, with all convenient speed.
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(RSMo 1939 § 1922)
Prior revisions: 1929 § 1758; 1919 § 5445; 1909 § 6389
2023 Missouri Revised Statutes › Title XXXIII - Evidence and Legal Advertisements › Chapter 492 - Oaths and Affirmations, Depositions and Perpetuation of Testimony › Section 492.140 - What officers out of this state may take depositions without commission.

Title XXXIII EVIDENCE AND LEGAL ADVERTISEMENTS
Chapter 492
• Effective - 28 Aug 1939
492.140. What officers out of this state may take depositions without commission. —
Depositions may be taken by any officer appointed out of this state, by authority of the laws of this state to take depositions without any commission or order from any court or clerk.
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(RSMo 1939 § 1924)
Prior revisions: 1929 § 1760; 1919 § 5447; 1909 § 6391