Missouri Revised Statutes
Chapter 491 - Witnesses
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 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.
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(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.

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Structure Missouri Revised Statutes

Missouri Revised Statutes

Title XXXIII - Evidence and Legal Advertisements

Chapter 491 - Witnesses

Section 491.010 - Witness's interest does not disqualify — exception — statements of deceased persons and incompetents and other parties to the transaction — abrogation of deadman statute.

Section 491.015 - Victim or witness in certain cases not to be interrogated as to prior sexual conduct.

Section 491.016 - Otherwise inadmissible witness statement admissible in criminal proceeding, when.

Section 491.030 - Adverse party may be compelled to testify in civil cases.

Section 491.040 - Sections 491.010 and 491.030 construed.

Section 491.050 - Convicts competent witnesses — convictions and certain pleas may be proved to affect credibility.

Section 491.060 - Persons incompetent to testify — exceptions, children in certain cases.

Section 491.070 - Cross-examination of witnesses — scope.

Section 491.074 - Prior inconsistent statement may be admissible in criminal cases as substantive evidence.

Section 491.075 - Statement of child under fourteen or vulnerable person admissible, when.

Section 491.078 - Juvenile court adjudication, use to affect credibility — sexual offense adjudication, affect on credibility — multiple adjudications, admissible, when.

Section 491.080 - Testimony of witness not to be used to convict him of fraud.

Section 491.090 - Summons of witnesses — procedure — consequences of failure to appear.

Section 491.100 - Summons, form — how issued — subpoena for property, court's authority to quash, when exercised.

Section 491.110 - Subpoenas, by whom served.

Section 491.120 - Subpoenas, how served and returned.

Section 491.130 - Fees to be tendered, when.

Section 491.140 - Witness liable to action, when.

Section 491.150 - Attendance, how enforced.

Section 491.160 - Attachment may issue, when.

Section 491.170 - Witness attached, may be discharged on bail.

Section 491.180 - Penalty where party refuses to attend and testify.

Section 491.190 - Fine for nonattendance.

Section 491.200 - Penalty for refusing to testify.

Section 491.205 - Court may compel testimony, witness immunity, exception, when, penalty.

Section 491.210 - Witness not excused from testifying, when.

Section 491.220 - Witness, when free from arrest.

Section 491.230 - Power to issue writ of habeas corpus — persons detained in correctional facility shall not attend civil proceeding — exceptions — conditions.

Section 491.240 - Writ to obtain witness from county jail.

Section 491.250 - Application for writ.

Section 491.260 - Application of prosecuting officers.

Section 491.270 - Prisoner to be remanded after testifying.

Section 491.280 - Fees of witnesses.

Section 491.290 - Fees, how paid.

Section 491.310 - Associate circuit judge to issue subpoenas.

Section 491.320 - Validity of subpoena.

Section 491.330 - Associate circuit judge may order witness attached, when.

Section 491.340 - Attachment to be executed as in criminal cases — cost.

Section 491.350 - Penalty for failure to obey subpoena without excuse.

Section 491.360 - Continuance of case — associate circuit judge to notify witnesses.

Section 491.370 - Cost of surplus witnesses paid by whom.

Section 491.380 - Competency of witnesses, how determined — oath of witnesses.

Section 491.400 - Definitions.

Section 491.410 - Summoning witness in this state to testify in another state.

Section 491.420 - Witness from another state summoned to testify in this state.

Section 491.430 - Exemption from arrest and service of process.

Section 491.440 - Uniformity of interpretation.

Section 491.450 - Short title.

Section 491.600 - Courts with criminal jurisdiction may issue orders to protect witness or victim.

Section 491.610 - Violation of protective orders, penalties.

Section 491.620 - Pretrial releases of defendant conditional — notice of prohibited witness tampering activities required.

Section 491.640 - Prosecutors coordinators training council may provide for security of witnesses and families, when — powers — request by law enforcement agencies, content — delegation of program administration, to whom.

Section 491.641 - Pretrial witness protection services fund created — use of moneys — application, contents, closed record.

Section 491.675 - Citation of sections 491.675 to 491.705.

Section 491.678 - Child defined.

Section 491.680 - Court may order video recording of alleged child victim, when — procedure — transcript — exclusion of defendant from proceedings, opportunity to review — cross-examination.

Section 491.685 - Defendant may be excluded from child victim deposition proceedings, when.

Section 491.687 - Court may order videotaped reexamination, when.

Section 491.690 - Provisions of sections 491.675 to 491.693 not to apply where defendant has waived right to counsel — exceptions.

Section 491.693 - Testimony to be under oath.

Section 491.696 - Child defined — videotaped testimony for juvenile court hearings.

Section 491.699 - Juvenile court hearings — court may order video recording of alleged child victim, when — procedure — cross-examination — counsel appointed for perpetrator, when.

Section 491.702 - Perpetrator may be excluded from child victim deposition proceeding, when — sequestration of victim — review of tapes required, when.

Section 491.705 - Court may order videotaped reexamination, when — testimony to be under oath.

Section 491.710 - Hearings involving child witnesses given docket priority — delays or continuances granted, when.

Section 491.725 - Citation of law — definitions — applicability.