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| Home > Statutes > Usa Missouri |
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USA Statutes : missouri
Title : CRIMINAL PROCEDURE
Chapter : Chapter 540 Grand Juries and Their Proceedings
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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, RSMo, 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, RSMo. (L.
1989 S.B. 127, et al., A.L. 2003 H.B. 613)
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. (L. 1989 S.B. 127, et
al., A.L. 2005 S.B. 289)
1. The provisions of sections 494.400 to 494.505, RSMo, 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. (L.
1959 S.B. 246 § 4 (§540.025), A.L. 1984 S.B. 602, A.L. 1989 S.B. 127, et
al.)
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. (RSMo 1939 § 710, A.L. 1989 S.B. 127, et al.)
Prior revisions: 1929 § 8759; 1919 § 6620; 1909 § 7271
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. (RSMo 1939 § 3903, A.L. 1989 S.B. 127, et al.)
Prior revisions: 1929 § 3514; 1919 § 3859; 1909 § 5067
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 revisions: 1929 § 3515; 1919 § 3860; 1909 § 5068
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. (RSMo 1939 § 3905, A.L. 1989 S.B.
127, et al.)
Prior revisions: 1929 § 3516; 1919 § 3861; 1909 § 5069
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, et al.)
Prior revisions: 1929 § 3513; 1919 § 3858; 1909 § 5066
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.
(RSMo 1939 § 3911, A.L. 1989 S.B. 127, et al.)
Prior revisions: 1929 § 3522; 1919 § 3867; 1909 § 5075
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. (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.
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. (L. 1997 H.B. 339)
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? (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.
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 § 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.
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. (RSMo 1939 § 3912,
A.L. 1989 S.B. 127, et al.)
Prior revisions: 1929 § 3523; 1919 § 3868; 1909 § 5076
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. (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.
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. (RSMo 1939 § 3935, A.L. 1989 S.B. 127, et al.)
Prior revisions: 1929 § 3546; 1919 § 3891
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. (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.
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. (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
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. (RSMo 1939 § 3915)
Prior revisions: 1929 § 3526; 1919 § 3871; 1909 § 5079
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. (RSMo 1939 § 3916, A.L. 1989 S.B.
127, et al.)
Prior revisions: 1929 § 3527; 1919 § 3872; 1909 § 5080
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. (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.
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. (RSMo 1939 § 3918, A.L. 1989
S.B. 127, et al.)
Prior revisions: 1929 § 3529; 1919 § 3874; 1909 § 5082
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. (RSMo 1939 § 3930)
Prior revisions: 1929 § 3541; 1919 § 3886; 1909 § 5094
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. (RSMo 1939 § 3919,
A.L. 1989 S.B. 127, et al.)
Prior revisions: 1929 § 3530; 1919 § 3875; 1909 § 5083
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. (RSMo 1939 § 3908)
Prior revisions: 1929 § 3519; 1919 § 3864; 1909 § 5072
No indictment can be found without the concurrence of at least
nine grand jurors. When so found, and not otherwise, the foreperson of
the grand jury shall certify under his hand that such indictment is a
true bill, by the following endorsement thereon, thus: "A true bill. A B,
foreperson". (RSMo 1939 § 3926, A.L. 1989 S.B. 127, et al.)
Prior revisions: 1929 § 3537; 1919 § 3882; 1909 § 5090
When there is not a concurrence of nine grand jurors in finding
an indictment, the foreperson shall certify, under his hand, that such an
indictment is not a true bill. (RSMo 1939 § 3927, A.L. 1989 S.B. 127, et
al.)
Prior revisions: 1929 § 3538; 1919 § 3883; 1909 § 5091
Indictments found and presentments made by a grand jury shall be
presented by their foreperson, in their presence, to the court, and shall
be there filed and remain as records of such court. (RSMo 1939 § 3928,
A.L. 1989 S.B. 127, et al.)
Prior revisions: 1929 § 3539; 1919 § 3884; 1909 § 5092
Members of the grand jury may be required by any court to
testify whether the testimony of a witness examined before such jury is
consistent with or different from the evidence given by such witness
before such court. They may also be required to disclose the testimony
given before them by any person, upon a complaint against such person for
perjury, or upon his trial for such offense. (RSMo 1939 § 3922, A.L. 1989
S.B. 127, et al.)
Prior revisions: 1929 § 3533; 1919 § 3878; 1909 § 5086
No member of a grand jury shall be obliged or allowed to testify
or declare in what manner he or any other member of the grand jury voted
on any question before them, or what opinions were expressed by any juror
in relation to any such question. (RSMo 1939 § 3923)
Prior revisions: 1929 § 3534; 1919 § 3879; 1909 § 5087
No grand juror shall disclose any evidence given before the
grand jury, nor the name of any witness who appeared before them, except
when lawfully required to testify as a witness in relation thereto; nor
shall he disclose the fact of any indictment having been found against
any person for a felony, not in actual confinement, until the defendant
shall have been arrested thereon. Any juror violating the provisions of
this section shall be deemed guilty of a class A misdemeanor. (RSMo 1939
§ 3924, A.L. 1989 S.B. 127, et al.)
Prior revisions: 1929 § 3535; 1919 § 3880; 1909 § 5088
(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.
In charging grand juries, the court shall apprise them of the
provisions of sections 540.300 to 540.320, in relation to disclosures,
and in what cases and under what circumstances any disclosures may or may
not be made. (RSMo 1939 § 3925)
Prior revisions: 1929 § 3536; 1919 § 3881; 1909 § 5089
The circuit judge exercising criminal jurisdiction shall give
the lists prepared in accordance with section 137.155 or 137.360, RSMo,
in charge of the grand jury, who shall have the authority to examine such
list of property with a view of inquiring into the correctness of such
list. No such list shall be altered, changed or amended after it is filed
with the county clerk, except by order of the county commission. Any
person who alters, changes or amends any such list without such order
shall upon conviction be deemed guilty of a class A misdemeanor. Every
county clerk or deputy county clerk who shall knowingly permit any such
list to be altered, changed or amended without such order shall forfeit
one hundred dollars, to be recovered by suit upon his official bond. (L.
1989 S.B. 127, et al. § 540.330)
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