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| Home > Statutes > Usa Missouri |
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USA Statutes : missouri
Title : EVIDENCE AND LEGAL ADVERTISEMENTS
Chapter : Chapter 491 Witnesses
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1. No person shall be disqualified as a witness in any civil
suit or proceeding at law or in equity, by reason of his interest in the
event of the same as a party or otherwise, but such interest may be shown
for the purpose of affecting his credibility.
2. In any such suit, proceeding or probate matter, where one of the
parties to the contract, transaction, occurrence or cause of action, or
his agent in such matter, is dead or is shown to be incompetent, and the
adverse party or his agent testifies with respect thereto, then any
relevant statement or statements made by the deceased party or agent or
by the incompetent prior to his incompetency, shall not be excluded as
hearsay, provided that in trials before a jury, the trial judge shall
first determine by voir dire examination out of the hearing of the jury
that the declarant would have been a competent witness and that his
alleged statement or statements would have been admissible in evidence if
he were available to testify.
3. The provisions of this section shall apply to all trials commenced
after September 28, 1985. (RSMo 1939 § 1887, A.L. 1983 S.B. 44 & 45, A.L.
1985 S.B. 35, et al.)
Prior revisions: 1929 § 1723; 1919 § 5410; 1909 § 6354
1. In prosecutions under chapter 566, RSMo, or prosecutions
related to sexual conduct under chapter 568, RSMo, opinion and reputation
evidence of the complaining witness' prior sexual conduct is
inadmissible; evidence of specific instances of the complaining witness'
prior sexual conduct or the absence of such instances or conduct is
inadmissible, except where such specific instances are:
(1) Evidence of the sexual conduct of the complaining witness with the
defendant to prove consent where consent is a defense to the alleged
crime and the evidence is reasonably contemporaneous with the date of the
alleged crime; or
(2) Evidence of specific instances of sexual activity showing alternative
source or origin of semen, pregnancy or disease;
(3) Evidence of immediate surrounding circumstances of the alleged crime;
or
(4) Evidence relating to the previous chastity of the complaining witness
in cases, where, by statute, previously chaste character is required to
be proved by the prosecution.
2. Evidence of the sexual conduct of the complaining witness offered
under this section is admissible to the extent that the court finds the
evidence relevant to a material fact or issue.
3. If the defendant proposes to offer evidence of the sexual conduct of
the complaining witness under this section, he shall file with the court
a written motion accompanied by an offer of proof or make an offer of
proof on the record outside the hearing of the jury. The court shall hold
an in camera hearing to determine the sufficiency of the offer of proof
and may at that hearing hear evidence if the court deems it necessary to
determine the sufficiency of the offer of proof. If the court finds any
of the evidence offered admissible under this section the court shall
make an order stating the scope of the evidence which may be introduced.
Objections to any decision of the court under this section may be made by
either the prosecution or the defendant in the manner provided by law.
The in camera hearing shall be recorded and the court shall set forth its
reasons for its ruling. The record of the in camera hearing shall be
sealed for delivery to the parties and to the appellate court in the
event of an appeal or other post trial proceeding. (L. 1977 H.B. 502 § 1,
A.L. 1986 S.B. 450)
Effective 3-17-86
(1982) Rape shield law creates only a presumption that evidence of a
victim's prior sexual conduct is irrelevant; in limited circumstances
such conduct may be relevant if proper procedural steps are followed.
State v. Brown (Mo. banc), 636 S.W.2d 929.
(1987) For purposes of subdivision (1) of subsection 1 of this section,
two years has been held not to be "reasonably contemporaneous", even in
circumstances where the element of consent is extraordinary. State v.
Foulk, 725 S.W.2d 56 (Mo.App. E.D.).
(1993) Rape shield statute is intended to protect complaining witness
from questions regarding prior sexual conduct and does not prevent
defendant from cross examining witness concerning prior sexual abuse
complaint to establish motive for witness to fabricate present complaint.
State v. Lampley, 859 S.W.2d 909 (Mo. App. E.D.).
Any party to any civil action or proceeding may compel any
adverse party, or any person for whose immediate and adverse benefit such
action or proceeding is instituted, prosecuted or defended, to testify as
a witness in his behalf, in the same manner and subject to the same rules
as other witnesses; provided, that the party so called to testify may be
examined by the opposite party, under the rules applicable to the
cross-examination of witnesses. (RSMo 1939 § 1889)
Prior revisions: 1929 § 1725; 1919 § 5412; 1909 § 6356
(1969) Held, the exception to the rule that a party may not impeach his
own witness exists where the witness is confronted with his own prior
inconsistent statement. Wells v. Gofort (Mo. Banc), 443 S.W.2d 155.
(1976) Held, where plaintiff called defendant as his witness he is not
bound by his testimony unless it is the only testimony in the case on
that point. Lamb v. Heiligers (A.), 532 S.W.2d 820.
Nothing in sections 491.010 and 491.030 shall in any manner
affect the law relating to the attestation of the execution of last wills
and testaments, or of any other instrument required by law to be
attested, nor shall they be so construed as to compel any person to
subject himself, by his testimony, to any prosecution for a criminal
offense. (RSMo 1939 § 1890)
Prior revisions: 1929 § 1726; 1919 § 5413; 1909 § 6357
Any person who has been convicted of a crime is,
notwithstanding, a competent witness; however, any prior criminal
convictions may be proved to affect his credibility in a civil or
criminal case and, further, any prior pleas of guilty, pleas of nolo
contendere, and findings of guilty may be proved to affect his
credibility in a criminal case. Such proof may be either by the record or
by his own cross-examination, upon which he must answer any question
relevant to that inquiry, and the party cross-examining shall not be
concluded by his answer. (RSMo 1939 § 1916, A.L. 1981 H.B. 554)
Prior revisions: 1929 § 1752; 1919 § 5439; 1909 § 6383
(1971) Trial court erred in refusing to permit defendant in prosecution
for robbery to inquire on cross-examination of witness whether or not he
had been convicted of a crime since witness was the only witness who
implicated defendant in the robbery. State v. Myer (Mo.), 473 S.W.2d 374.
(1971) Questions directed to the defendant on trial for murder implying
he was guilty not only of moral misconduct but of offenses connected with
prostitution, including being a pimp, were immaterial, irrelevant and
designedly and manifestly prejudiced the only remedy for which was a new
trial. State v. Taylor (Mo.), 473 S.W.2d 385.
(1971) Refusal by trial court to allow defendant to impeach state's four
principal witnesses, adults at time of trial, on the basis that each had
previously committed an offense while a juvenile, which would have been a
crime if committed by an adult, was upheld. State v. Williams (Mo.), 473
S.W.2d 388.
(1974) It is reversible error for a party or a witness to be impeached by
showing an arrest even where he has testified about previous convictions.
State v. Massa (A.), 512 S.W.2d 912.
(1974) This section confers an absolute right to cross-examine as to
conviction of a crime solely to affect credibility. Forbis v. Associated
Wholesale Grocers, Inc. (A.), 513 S.W.2d 760.
(1976) Held, cross-examination on collateral matters (except for a
criminal conviction) binds the examiner to the answer given. State v.
Diamond (A.), 532 S.W.2d 873.
(1976) Overruling defendant's pretrial motion, seeking to limit state's
cross-examination concerning his previous convictions in event he should
decide to take the stand thereby depriving him of right to make
intelligent decision before trial as to whether he could take the stand,
was not error. State v. Tolliver (Mo.), 544 S.W.2d 565.
(1978) It is permissible to impeach the credibility of a witness by
showing pardoned convictions. Durham v. State (A.), 571 S.W.2d 673.
(1985) Held, that a witness can be impeached by his prior guilty plea,
even though he had completed probation under a suspended imposition of
sentence. State v. Brooks (A.), 694 S.W.2d 851.
(1995) "Conviction" does not include finding of guilty when imposition of
sentence was suspended. M.A.B. v. Nicely, 909 S.W.2d (Mo.banc).
The following persons shall be incompetent to testify:
(1) A person who is mentally incapacitated at the time of his or her
production for examination;
(2) A child under ten years of age, who appears incapable of receiving
just impressions of the facts respecting which the child is examined, or
of relating them truly; provided, however, that except as provided in
subdivision (1) of this section, a child under the age of ten who is
alleged to be a victim of an offense pursuant to chapter 565, 566 or 568,
RSMo, shall be considered a competent witness and shall be allowed to
testify without qualification in any judicial proceeding involving such
alleged offense. The trier of fact shall be permitted to determine the
weight and credibility to be given to the testimony;
(3) An attorney, concerning any communication made to the attorney by
such attorney's client in that relation, or such attorney's advice
thereon, without the consent of such client;
(4) Any person practicing as a minister of the gospel, priest, rabbi or
other person serving in a similar capacity for any organized religion,
concerning a communication made to him or her in his or her professional
capacity as a spiritual advisor, confessor, counselor or comforter;
(5) A physician licensed pursuant to chapter 334, RSMo, a chiropractor
licensed pursuant to chapter 331, RSMo, a licensed psychologist or a
dentist licensed pursuant to chapter 332, RSMo, concerning any
information which he or she may have acquired from any patient while
attending the patient in a professional character, and which information
was necessary to enable him or her to prescribe and provide treatment for
such patient as a physician, chiropractor, psychologist or dentist. (RSMo
1939 § 1895, A.L. 1977 H.B. 175, A.L. 1983 S.B. 44 & 45, A.L. 1984 H.B.
1255, A.L. 1985 H.B. 366, et al., A.L. 1988 S.B. 640, A.L. 1999 H.B. 570)
Prior revisions: 1929 § 1731; 1919 § 5418; 1909 § 6362
CROSS REFERENCE:
Child, under age ten years, witness in criminal trial, supreme court to
develop jury instruction, RSMo 477.012
(1975) Examination of hospital records by hospital staff to determine
qualifications of a staff physician does not violate physician-- patient
privilege. Klinge v. Lutheran Medical Center of St. Louis (A.), 518
S.W.2d 157.
(1975) Held that person calling his adversary is not bound by his
testimony and may prove the contrary by other witnesses. Matter of Brown
(A.), 527 S.W.2d 395.
(1976) Held that incompetency of attorney to testify to matter privileged
by attorney client relationship survives death of client. McCaffrey v.
Estate of Brennan (A.), 533 S.W.2d 264.
(1987) The physician-patient privilege created by subdivision (5) of this
section applies only to physicians and statements made to a nurse
employed by a hospital who at the time the statements were heard by the
nurse was not working under the direction of any physician were not
privileged. State v. Shirley, 731, S.W.2d 49 (Mo.App.S.D.).
(2001) Physician-patient privilege does not apply against an insurance
company. Inghram v. Mutual of Omaha Ins. Co., 170 F.Supp.2d 907 (W.D.Mo.).
A party to a cause, civil or criminal, against whom a witness
has been called and given some evidence, shall be entitled to
cross-examine said witness (except where a defendant in a criminal case
is testifying in his own behalf) on the entire case, but this shall not
be construed to entitle a defendant who has pleaded a counterclaim or
setoff in a civil case to cross-examine a plaintiff's witness in respect
thereto, but as to said counterclaim or setoff such witness (if examined
by defendant in relation thereto) shall be deemed defendant's witness and
be so examined in the course of the trial. (RSMo 1939 § 1891)
Prior revisions: 1929 § 1727; 1919 § 5414; 1909 § 6358
Notwithstanding any other provisions of law to the contrary, a
prior inconsistent statement of any witness testifying in the trial of a
criminal offense shall be received as substantive evidence, and the party
offering the prior inconsistent statement may argue the truth of such
statement. (L. 1985 H.B. 366, et al., A.L. 2000 S.B. 757 & 602)
(1987) The term "prior inconsistent statements" as used in this section
has the same meaning as judicial definitions of such term before
effective date of this section. State v. Dunn, 731 S.W.2d 297 (Mo.App.
W.D.).
1. A statement made by a child under the age of fourteen
relating to an offense under chapter 565, 566 or 568, RSMo, performed
with or on a child by another, not otherwise admissible by statute or
court rule, is admissible in evidence in criminal proceedings in the
courts of this state as substantive evidence to prove the truth of the
matter asserted if:
(1) The court finds, in a hearing conducted outside the presence of the
jury that the time, content and circumstances of the statement provide
sufficient indicia of reliability; and
(2) (a) The child testifies at the proceedings; or
(b) The child is unavailable as a witness; or
(c) The child is otherwise physically available as a witness but the
court finds that the significant emotional or psychological trauma which
would result from testifying in the personal presence of the defendant
makes the child unavailable as a witness at the time of the criminal
proceeding.
2. Notwithstanding subsection 1 of this section or any provision of law
or rule of evidence requiring corroboration of statements, admissions or
confessions of the defendant, and notwithstanding any prohibition of
hearsay evidence, a statement by a child when under the age of fourteen
who is alleged to be victim of an offense under chapter 565, 566 or 568,
RSMo, is sufficient corroboration of a statement, admission or confession
regardless of whether or not the child is available to testify regarding
the offense.
3. A statement may not be admitted under this section unless the
prosecuting attorney makes known to the accused or the accused's counsel
his or her intention to offer the statement and the particulars of the
statement sufficiently in advance of the proceedings to provide the
accused or the accused's counsel with a fair opportunity to prepare to
meet the statement.
4. Nothing in this section shall be construed to limit the admissibility
of statements, admissions or confessions otherwise admissible by law. (L.
1985 H.B. 366, et al., A.L. 1992 S.B. 638, A.L. 2004 H.B. 1453)
(2002) Subsection 1 of section does not require child-declarant to be a
victim in order to admit his or her hearsay statements. State v. Bass. 81
S.W.3d 595 (Mo.App. W.D.).
(2002) Section does not impose a burden on either party to prove
reliability or unreliability, but places burden of production on
proponent of hearsay statement. State v. Porras, 84 S.W.3d 153 (Mo.App.
W.D.).
1. Notwithstanding any other provision of law to the contrary, a
juvenile court adjudication for any of the following acts may be used to
affect the credibility of a witness or a defendant in a criminal case, if
such acts occurred within three years of the date of any sworn testimony
by the witness or defendant:
(1) An act that would have been a class A or class B felony if committed
by an adult;
(2) An act that would have been a class C or class D felony if committed
by an adult, if the juvenile court record contains at least one other
adjudication for any act that would have been a felony if committed by an
adult.
2. In any case in which a defendant is charged with a sexual offense
under the provisions of chapter 566, RSMo, a juvenile court adjudication
of the defendant may be used to question the credibility of the defendant
if such adjudication is for an act which would have been a violation of
chapter 566, RSMo, if the act had been committed by an adult and if such
juvenile court adjudication occurred within three years of the commission
of the pending offense. If the defendant's juvenile court records contain
more than one adjudication for acts which would have been violations of
chapter 566, RSMo, if committed by an adult, such multiple adjudications
shall be admissible for impeachment regardless of when they occurred. (L.
1995 H.B. 174, et al. § 1)
Whenever any person shall testify, either as a party or as a
witness, in any suit or proceedings now or hereafter pending, the
testimony of such person shall not be used as evidence to prove any fact
in any suit or prosecution against such person for any penalty for
violation of any law in relation to fraudulent conveyance of property.
(RSMo 1939 § 1893)
Prior revisions: 1929 § 1729; 1919 § 5416; 1909 § 6360
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 by some notary
public of the county wherein such trial shall be had, stating the day and
place when and where the witnesses are to appear.
2. The witness shall be required to attend a trial from time to time, and
from term to term, until the case be disposed of or the witness is
finally discharged by the court. The witness shall be liable to
attachment for any default or failure to appear as a witness at the trial
and adjudged to pay the costs. Costs shall not be allowed for any
subsequent recognizance or subpoena for the witness. (RSMo 1939 § 1897,
A.L. 1945 p. 917, A.L. 1985 S.B. 5, et al.)
Prior revisions: 1929 § 1733; 1919 § 5420; 1909 § 6364
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 for the respective parties and
identifying the attorney or party requesting the attendance of the
witness and shall command each person to whom it is directed to attend
and give testimony at a time and place therein specified or shall
otherwise advise the witness of the name and telephone number of a person
who can direct the witness of the time and place his appearance is
required. The clerk of the court wherein the matter is pending, or the
notary public of the county wherein such trial shall be had, shall issue
a subpoena, or a subpoena for the production of objects and documentary
evidence, signed and sealed but otherwise in blank, to a party requesting
it, who shall fill it in before service.
2. The court may, on application of the party causing the subpoena to be
issued, order that the witness shall appear, from time to time until the
case is disposed of or he is otherwise excused by the court.
3. Where a subpoena commands the person to whom it is directed to produce
the objects, books, papers, or documents designated therein, the court
upon motion may, promptly, and in any event at or before the time
specified in the subpoena for compliance therewith, quash the subpoena if
it is unreasonable and oppressive or condition denial of the motion upon
the advancement by the person in whose behalf the subpoena is issued of
the reasonable cost of producing the objects, books, papers, or
documents. (RSMo 1939 § 1898, A.L. 1947 V. II p. 237, A.L. 1985 S.B. 5,
et al.)
Prior revisions: 1929 § 1734; 1919 § 5421; 1909 § 6365
(1975) Report of assistant manager made within a few minutes after
accident was not subject to discovery procedures since it was made for
use of defendant's attorney and was part of the privileged communication
between client and counsel. Lindberg v. Safeway Stores Inc. (A.), 525
S.W.2d 571.
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 who would be a competent
witness in the cause, and the sheriff, coroner, marshal or constable of
any county may serve any subpoena issued out of any court of record of
their county, in term time, in any county adjoining that in which the
court is being held. (RSMo 1939 § 1907)
Prior revisions: 1929 § 1743; 1919 § 5430; 1909 § 6374
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 a copy thereof, the offer of the officer or other
person to read the same or to deliver a copy thereof, and such refusal,
shall be a sufficient service of such subpoena.
2. The return shall show the manner of service; and in civil cases, if
the witness reside at a greater distance than forty miles from the place
of trial, it shall be so stated in the return, and also whether his legal
fees have been tendered or paid, and if served by an officer his return
shall be conclusive of the facts therein stated; if served by a private
person, the return shall be verified by affidavit, which shall be
received as evidence, and such affidavit may be made before the sheriff
of the county where such service is made. (RSMo 1939 § 1908)
Prior revisions: 1929 § 1744; 1919 § 5431; 1909 § 6375
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 one day's attendance, are paid or tendered to him at
the time of summoning such witness. (RSMo 1939 § 1899)
Prior revisions: 1929 § 1735; 1919 § 5422; 1909 § 6366
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 the action of the party for all damages sustained
by the nonattendance, unless he show sufficient cause to justify such
absence. (RSMo 1939 § 1904)
Prior revisions: 1929 § 1740; 1919 § 5427; 1909 § 6371
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 serve such writ of attachment, when issued by
any court of record of his county in term time, in any county adjoining
that in which the court is being held. (RSMo 1939 § 1900)
Prior revisions: 1929 § 1736; 1919 § 5423; 1909 § 6367
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 without his testimony, the court
may award a writ of attachment, directed to the sheriff or other proper
officer of the proper county, commanding him to take the body of such
witness, that he appear and testify in the cause at the next term
thereafter; and the clerk shall issue such writ accordingly, stating
therein the day on which the cause is set for trial, as the day of his
appearance. (RSMo 1939 § 1901)
Prior revisions: 1929 § 1737; 1919 § 5424; 1909 § 6368
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 dollars, which the officer
executing the writ is authorized to take, conditioned for the appearance
and due attendance of such witness according to the exigency of such
writ. (RSMo 1939 § 1902)
Prior revisions: 1929 § 1738; 1919 § 5425; 1909 § 6369
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, or a motion, if made by
himself, overruled, or, if made by the adverse party, sustained. (RSMo
1939 § 1894)
Prior revisions: 1929 § 1730; 1919 § 5417; 1909 § 6361
The court shall have power to impose a fine, not exceeding fifty
dollars, on every person duly summoned as a witness, who shall not appear
and testify; which fine may be remitted, for good cause shown, at the
term to which he is summoned, or the next term thereafter. (RSMo 1939 §
1903)
Prior revisions: 1929 § 1739; 1919 § 5426; 1909 § 6370
A person summoned as a witness, and attending, who shall refuse
to give evidence which may lawfully be required to be given by such
person, on oath or affirmation, may be committed to prison by the court,
or other person authorized to take his deposition or testimony, there to
remain, without bail, until he gives such evidence. (RSMo 1939 § 1905)
Prior revisions: 1929 § 1741; 1919 § 5428; 1909 § 6372
1. In the case of any individual who has been or may be called
to testify or provide other information at any proceeding ancillary to or
before a circuit or associate circuit court or grand jury of the state of
Missouri, the judge of the circuit in which the proceeding is or may be
held may issue, in accordance with subsection 2 of this section, upon the
written request of the prosecuting attorney an order requiring such
individual to give testimony or provide other information which the
individual refuses to give or provide on the basis of the individual's
privilege against self-incrimination. When such an order is issued, the
witness may not refuse to comply with the order on the basis of the
witness's privilege against self-incrimination, but after complying with
the order and giving the testimony or producing the evidence compelled by
the order, no such person shall be criminally prosecuted or subjected to
any criminal penalty for or on account of any act, transaction, matter or
thing which is the subject matter of the inquiry in which the person
testifies or produces evidence, except a prosecution for perjury, giving
a false or misleading statement or contempt committed in answering or
failing to answer, or in producing or failing to produce evidence in
accordance with the order.
2. A prosecuting attorney may be granted an order compelling a witness to
testify and produce evidence upon the approval of a verified application
for witness immunity heard by a judge of the circuit court. The judge
hearing the application for witness immunity may not preside over a grand
jury proceeding where such testimony is given, and may not hear the
subsequent criminal trial or any ancillary proceeding for which the
immunity applies. Such application shall offer proof that:
(1) Such individual has refused or is likely to refuse to testify or
provide other information on the basis of the individual's privilege
against self-incrimination; and either:
(2) The testimony or other information to be provided by such individual
is necessary to the investigation or prosecution and is otherwise
unobtainable; or
(3) The testimony or other information to be provided by such individual
is necessary for the prosecutor to prove a defendant's guilt beyond a
reasonable doubt.
3. If a person refuses to testify on the basis of such person's privilege
against self-incrimination after being given an order to testify under
this section or produce evidence or other information, such person shall
be adjudged in contempt and committed to the county jail until such time
as the person purges himself or herself of this contempt by testifying or
producing evidence and information as ordered, or the trial for which the
person's testimony was requested has concluded. In no event shall the
length of confinement exceed twelve months. (L. 1997 H.B. 339)
No competent witness in a case shall be excused from answering a
question relevant to the matter in issue, on the ground that the answer
to such question may tend to establish the fact that such witness owes a
debt or is otherwise subject to a civil suit. (RSMo 1939 § 1896)
Prior revisions: 1929 § 1732; 1919 § 5419; 1909 § 6363
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 twenty miles from their
abode. (RSMo 1939 § 1906)
Prior revisions: 1929 § 1742; 1919 § 5429; 1909 § 6373
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. (RSMo 1939
§ 1909, A.L. 1990 H.B. 974, A.L. 1995 H.B. 424)
Prior revisions: 1929 § 1745; 1919 § 5432; 1909 § 6376
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. (RSMo 1939 § 1910, A. 1949 S.B.
1149)
Prior revisions: 1929 § 1746; 1919 § 5433; 1909 § 6377
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. (RSMo 1939 § 1911)
Prior revisions: 1929 § 1747; 1919 § 5434; 1909 § 6378
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 § 1748; 1919 § 5435; 1909 § 6379
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: 1929 § 1749; 1919 § 5436; 1909 § 6380
CROSS REFERENCE: Television, closed circuit coverage of prisoners for
court appearance when, requirements, RSMo 561.031
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, RSMo.
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. (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
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. (RSMo
1939 § 13421)
Prior revisions: 1929 § 11799; 1919 § 11007; 1909 § 10710
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. (RSMo 1939 § 2649,
A.L. 1945 p. 765 § 85)
Prior revisions: 1929 § 2263; 1919 § 2813; 1909 § 7490
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. (RSMo 1939 § 2650,
A.L. 1945 p. 765 § 86)
Prior revisions: 1929 § 2264; 1919 § 2814; 1909 § 7491
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. (RSMo 1939
§ 2652, A.L. 1945 p. 765 § 88)
Prior revisions: 1929 § 2266; 1919 § 2816; 1909 § 7493
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. (RSMo 1939 § 2653, A.L. 1945 p.
765 § 89)
Prior revisions: 1929 § 2267; 1919 § 2817; 1909 § 7494
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. (RSMo 1939 § 2654, A.L. 1945 p. 765
§ 90)
Prior revisions: 1929 § 2268; 1919 § 2818; 1909 § 7495
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. (RSMo 1939 § 2656, A.L. 1945 p. 765 §
92)
Prior revisions: 1929 § 2270; 1919 § 2820; 1909 § 7497
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. (RSMo 1939 § 2657, A.L. 1945 p. 765 § 93)
Prior revisions: 1929 § 2271; 1919 § 2821; 1909 § 7498
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. (RSMo 1939 § 2658, A.L. 1945 p. 765 § 94)
Prior revisions: 1929 § 2272; 1919 § 2822; 1909 § 7499
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. (L. 1959 H.B. 295 § 2)
1. If a judge of a court of record in any state which by its
laws has made provision for commanding persons within that state to
attend and testify in this state certifies under the seal of such court
that there is a criminal prosecution pending in such court, or that a
grand jury investigation has commenced or is about to commence, that a
person being within this state is a material witness in such prosecution,
or grand jury investigation, and his presence will be required for a
specified number of days, upon presentation of the certificate to any
judge of a court of record in the county in which such person is, the
judge shall fix a time and place for a hearing, and shall make an order
directing the witness to appear at a time and place certain for the
hearing.
2. If at a hearing the judge determines that the witness is material and
necessary, that it will not cause undue hardship to the witness to be
compelled to attend and testify in the prosecution or a grand jury
investigation in the other state, and that the laws of the state in which
the prosecution is pending, or grand jury investigation has commenced or
is about to commence and of any other state through which the witnesses
may be required to pass by ordinary course of travel, will give to him
protection from arrest and the service of civil and criminal process, he
shall issue a summons, with a copy of the certificate attached, directing
the witness to attend and testify in the court where the prosecution is
pending, or where a grand jury investigation has commenced or is about to
commence at a time and place specified in the summons. In any such
hearing the certificate shall be prima facie evidence of all the facts
stated therein.
3. If the certificate recommends that the witness be taken into immediate
custody and delivered to an officer of the requesting state to assure his
attendance in the requesting state, the judge may, in lieu of
notification of the hearing, direct that the witness be forthwith brought
before him for a hearing. If at a hearing the judge determines that the
witness is material and necessary, that it will not cause undue hardship
to the witness to be compelled to attend and testify in the prosecution
or grand jury investigation in the other state, and that the laws of the
state in which the prosecution is pending, or grand jury investigation
has commenced or is about to commence and of any other state through
which the witness may be required to pass by ordinary course of travel,
will give to him protection from arrest and service of civil and criminal
process, he may, in lieu of issuing subpoena or summons, order that the
witness be forthwith taken into custody and delivered to an officer of
the requesting state. In any such hearing the certificate shall be prima
facie evidence of all the facts stated therein.
4. If the witness, who is summoned as provided in this section, after
being paid or tendered by some properly authorized person 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, 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. (L. 1959
H.B. 295 § 3)
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. (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.
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. (L. 1959 H.B. 295 § 5)
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.
(L. 1959 H.B. 295 § 6)
This law may be cited as the "Uniform Law to Secure the
Attendance of Witnesses from Within or Without a State in Criminal
Proceedings". (L. 1959 H.B. 295 § 1)
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, RSMo, 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, RSMo, 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. (L. 1983 S.B. 24 § 2)
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, RSMo, where
such violation of an order is a violation of section 575.270, RSMo, 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, RSMo, 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, RSMo, 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. (L. 1983 S.B. 24 § 3)
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, RSMo.
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, RSMo. (L. 1983 S.B. 24 §
4)
1. The prosecutors coordinators training council, as established
in section 56.760, RSMo, may, upon the council's own initiative or at the
request of the attorney general, any prosecuting attorney or law
enforcement agency, provide for the security of witnesses, potential
witnesses and their immediate families in criminal proceedings instituted
or investigations pending against a person alleged to have engaged in a
violation of state law. Providing for witnesses may include provision of
housing facilities and for the health, safety and welfare of such
witnesses and their immediate families, if testimony by such a witness
might subject the witness or a member of his immediate family to danger
of bodily injury, and may continue so long as such danger exists.
2. The prosecutors coordinators training council may authorize the
purchase, rental or modification of protected housing facilities for the
purpose of this section. The council may contract with any department of
federal or state government to obtain or to provide the facilities or
services to carry out this section.
3. The prosecutors coordinators training council may authorize
expenditures to provide for the health, safety and welfare of witnesses
and victims, and the families of such witnesses and victims, whenever, in
his judgment, testimony from, or a willingness to testify by, such a
witness or victim would place the life of such person, or a member of his
family or household, in jeopardy. Applications by requesting law
enforcement agencies under this section must include but not necessarily
be limited to:
(1) Statement of conditions which qualify persons for protection;
(2) Precise methods the originating agency will use to provide
protection, including relocation of persons and reciprocal agreements
with other law enforcement agencies;
(3) Statement of projected costs over a specified period of time.
4. The prosecutors coordinators training council may delegate
administration of the program set forth in this section to the executive
director of the Missouri office of prosecution services. Subject to
appropriations from the general assembly for the purposes provided for in
this section, funds may be appropriated from the Missouri office of
prosecution services fund set forth in subsection 2 of section 56.765,
RSMo, general revenue or federal funds. Under no circumstance shall the
expenditures from general revenue for the purposes provided for in this
section exceed the amount of ninety-five thousand dollars, if and when
appropriated by the general assembly for such purposes. (L. 1983 S.B. 24
§ 5, A.L. 2004 S.B. 1211)
The provisions of sections 491.675 to 491.705 shall be known and
may be cited as the "Child Victim Witness Protection Law". (L. 1985 H.B.
366, et al. § 7, A.L. 1987 H.B. 598)
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, RSMo. (L. 1985
H.B. 366, et al. § 8)
Effective 7-19-85
1. In any criminal prosecution under the provisions of chapter
565, 566 or 568, RSMo, involving an alleged child victim, upon the motion
of the prosecuting attorney, the court may order that an in-camera
videotaped deposition of the testimony of the alleged child victim be
made for use as substantive evidence at preliminary hearings and at trial.
2. If the court finds, at a hearing, that significant emotional or
psychological trauma to the child which would result from testifying in
the personal presence of the defendant exists, which makes the child
unavailable as a witness at the time of the preliminary hearing or trial,
the court shall order that an in-camera videotaped deposition of the
testimony of the alleged child victim be made for use as substantive
evidence at the preliminary hearings and at trial. Such recording shall
be retained by the prosecuting attorney and shall be admissible in lieu
of the child's personal appearance and testimony at preliminary hearings
and at trial, conflicting provisions of section 544.270, RSMo,
notwithstanding. A transcript of such testimony shall be made as soon as
possible after the completion of such deposition and shall be provided to
the defendant together with all other discoverable materials.
3. Upon a finding of trauma as provided for in subsection 2 of this
statute, the court may also exclude the defendant from the videotape
deposition proceedings in which the child is to testify. 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 deposition 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.
4. The court shall preside over the depositions, which shall be conducted
in accordance with the rules of evidence applicable to criminal cases.
5. The attorney for the defendant shall have at least two opportunities
to cross-examine the deposed alleged child victim: once prior to the
preliminary hearing and at least one additional time prior to the trial.
6. Prior to the taking of the deposition which is to be used as
substantive evidence at the trial pursuant to sections 491.675 to
491.693, the defendant's attorney 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.
7. If the defendant is not represented by counsel and if, upon inquiry,
it appears to the court that the defendant 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 defendant at the
deposition. (L. 1985 H.B. 366, et al. § 9, A.L. 1992 S.B. 638)
(1989) Taking of video recording of child's deposition where defendant
was excluded from room where deposition was taken was violation of
defendant's right of confrontation where no evidence of possible trauma
was offered. State v. Davidson, 764 S.W.2d 731 (Mo.App. W.D.).
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. (L. 1985 H.B. 366, et al. § 10)
Effective 7-19-85
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. (L. 1985 H.B. 366, et
al. § 11)
Effective 7-19-85
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. (L. 1985 H.B. 366, et al. § 12)
Effective 7-19-85
All testimony taken under sections 491.675 to 491.693 shall be
under oath. (L. 1985 H.B. 366, et al. § 13)
Effective 7-19-85
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, RSMo. (L. 1987 H.B. 598)
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, RSMo. 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, RSMo, 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, RSMo, 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. (L. 1987 H.B. 598)
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. (L. 1987 H.B. 598)
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. (L. 1987 H.B. 598)
In all criminal cases and juvenile court hearings under chapter
211, RSMo, 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. (L. 1987 H.B. 598 § 17)
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