Effective - 28 Aug 1959
491.420. Witness from another state summoned to testify in this state. — 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.
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(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.
Structure Missouri Revised Statutes
Title XXXIII - Evidence and Legal Advertisements
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 491.060 - Persons incompetent to testify — exceptions, children in certain cases.
Section 491.070 - Cross-examination of witnesses — scope.
Section 491.075 - Statement of child under fourteen or vulnerable person 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 491.110 - 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 491.240 - 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 491.675 - Citation of sections 491.675 to 491.705.
Section 491.678 - Child defined.
Section 491.685 - Defendant may be excluded from child victim deposition proceedings, when.
Section 491.687 - Court may order videotaped reexamination, when.
Section 491.693 - Testimony to be under oath.
Section 491.696 - Child defined — videotaped testimony for juvenile court hearings.
Section 491.705 - Court may order videotaped reexamination, when — testimony to be under oath.
Section 491.725 - Citation of law — definitions — applicability.