Section 491.240 – Writ to obtain witness from county jail.
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 […]
Section 491.250 – Application for writ.
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 […]
Section 491.260 – Application of prosecuting officers.
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. ——– (RSMo 1939 § 1912) Prior revisions: 1929 […]
Section 491.270 – Prisoner to be remanded after testifying.
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. ——– (RSMo 1939 § 1913) Prior revisions: […]
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 […]
Section 491.170 – Witness attached, may be discharged on bail.
Effective – 28 Aug 1939 491.170. Witness attached, may be discharged on bail. — When a writ of attachment, authorized by section 491.160, shall be executed, the sheriff or other officer shall discharge such witness, on his entering into a recognizance to the state of Missouri, with sufficient security, in the sum of one hundred […]
Section 491.180 – Penalty where party refuses to attend and testify.
Effective – 28 Aug 1939 491.180. Penalty where party refuses to attend and testify. — If a party, on being duly summoned, refuse to attend and testify, either in court or before any person authorized to take his deposition, besides being punished himself as for a contempt, his petition, answer or reply may be rejected, […]