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 […]
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. […]
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, […]
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 […]
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 […]
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. ——– (RSMo 1939 § 3904, A.L. 1989 S.B. 127, et al.) Prior […]
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 […]
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. ——– (RSMo 1939 § 3902, A.L. 1989 S.B. 127, […]
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 […]
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, […]
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 […]
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, […]
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. ——– (RSMo 1939 § 3907, A.L. 1989 S.B. 127, et al.) Prior revisions: 1929 § 3518; 1919 […]
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 […]
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 […]
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 […]
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 […]
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 […]
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 […]
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 […]