Section 491.220 – Witness, when free from arrest.
Effective – 28 Aug 1939 491.220. Witness, when free from arrest. — Witnesses shall be privileged from arrest in all cases, except treason, felony and breach of the peace, during their attendance on any court, or where their attendance is required by subpoena, and in going to and returning thence, allowing one day for every […]
Section 491.230 – Power to issue writ of habeas corpus — persons detained in correctional facility shall not attend civil proceeding — exceptions — conditions.
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 […]
Section 491.090 – Summons of witnesses — procedure — consequences of failure to appear.
Effective – 28 Aug 1985 491.090. Summons of witnesses — procedure — consequences of failure to appear. — 1. In all cases where witnesses are required to attend the trial in any cause in any court of record, a summons shall be issued by the clerk of the court wherein the matter is pending, or […]
Section 491.100 – Summons, form — how issued — subpoena for property, court’s authority to quash, when exercised.
Effective – 28 Aug 1985 491.100. Summons, form — how issued — subpoena for property, court’s authority to quash, when exercised. — 1. Such summons shall be in the form of a subpoena, shall state the name of the court and the title of the action, the names, addresses and telephone numbers of the attorneys […]
Section 491.110 – Subpoenas, by whom served.
Effective – 28 Aug 1939 491.110. Subpoenas, by whom served. — Subpoenas shall be directed to the person to be summoned to testify, and may be served by the sheriff, coroner, marshal or any constable in the county in which the witnesses to be summoned reside or may be found, or by any disinterested person […]
Section 491.120 – Subpoenas, how served and returned.
Effective – 28 Aug 1939 491.120. Subpoenas, how served and returned. — 1. The service of a subpoena to testify shall be by reading the same or delivering a copy thereof to the person to be summoned; provided, that in all cases where the witness shall refuse to hear such subpoena read or to receive […]
Section 491.130 – Fees to be tendered, when.
Effective – 28 Aug 1939 491.130. Fees to be tendered, when. — A witness shall not be compelled to attend, as such, in a civil suit, at a greater distance than forty miles from his place of residence, unless his legal fees for traveling, in going to and returning from the place of trial, and […]
Section 491.140 – Witness liable to action, when.
Effective – 28 Aug 1939 491.140. Witness liable to action, when. — When a party causing a witness to be summoned, shall have paid or tendered to such witness his legal fees for traveling, and one day’s attendance, at the time of summoning such witness, if he fail to attend he shall be liable to […]
Section 491.150 – Attendance, how enforced.
Effective – 28 Aug 1939 491.150. Attendance, how enforced. — A person summoned as a witness in any cause pending in any court of record, and failing to attend, may be compelled, by writ of attachment against his body, to appear, which may be served in any county in the state, and the sheriff may […]
Section 491.160 – Attachment may issue, when.
Effective – 28 Aug 1939 491.160. Attachment may issue, when. — When a cause shall be continued on account of the absence of a witness, duly summoned, and the party for whom such witness shall have been summoned shall make affidavit that such absent witness is material, and that he cannot safely go to trial […]