Missouri Revised Statutes
Chapter 491 - Witnesses
Section 491.230 - Power to issue writ of habeas corpus — persons detained in correctional facility shall not attend civil proceeding — exceptions — conditions.

Effective - 28 Aug 1995
491.230. Power to issue writ of habeas corpus — persons detained in correctional facility shall not attend civil proceeding — exceptions — conditions. — 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.
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(RSMo 1939 § 1909, A.L. 1990 H.B. 974, A.L. 1995 H.B. 424)
Prior revisions: 1929 § 1745; 1919 § 5432; 1909 § 6376

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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.