Effective - 28 Aug 1939
492.270. Officer may compel attendance of witness — contempt — if witness imprisoned, on what terms discharged. — 1. Every person, judge or other officer of the state required to take the depositions or examination of witnesses, in pursuance of sections 492.080 to 492.400 or by virtue of any commission issuing out of any court of record in this or any other government, shall have power to issue subpoenas for witnesses to appear and testify, and to compel their attendance, in the same manner and under like penalties as any court of record of this state.
2. Any person summoned as a witness in virtue of the provisions of sections 492.080 to 492.400 and attending, who shall refuse to give evidence which may be lawfully required to be given by him, on oath or affirmation, may be committed to prison by the officer or person authorized to take his deposition or testimony, there to remain without bail until he gives such evidence, or until he be discharged by due course of law; provided, that in case such person be discharged from such commitment or imprisonment upon habeas corpus sued therefor, the party or parties litigant, in whose behalf the refused evidence shall have been required, shall be liable to pay such person the costs by him incurred in effecting such discharge; and the judge or court hearing the application for discharge may, in its discretion, at the time of such discharge, allow a further sum of not exceeding twenty-five dollars for an attorney's fee for prosecuting the proceedings on habeas corpus, to be paid by such party or parties litigant to the person so discharged; and provided further, that until such costs and attorney's fee, if one be allowed, are paid or tendered to such person, he shall not be required further to depose or testify in the cause in which he was so summoned.
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(RSMo 1939 § 1937)
Prior revisions: 1929 § 1773; 1919 § 5460; 1909 § 6404
Structure Missouri Revised Statutes
Title XXXIII - Evidence and Legal Advertisements
Chapter 492 - Oaths and Affirmations, Depositions and Perpetuation of Testimony
Section 492.010 - Officers and notary public authorized to administer oaths.
Section 492.030 - Parties may affirm, when.
Section 492.040 - Officer shall adopt mode most binding on conscience, when.
Section 492.050 - Parties to be sworn according to the ceremonies of their religion.
Section 492.060 - Persons deemed to have been lawfully sworn, when.
Section 492.080 - Depositions may be obtained conditionally.
Section 492.090 - Officers authorized to take depositions.
Section 492.100 - Commissioners of foreign courts may compel attendance of witnesses.
Section 492.110 - Witness residing out of this state, commission to issue.
Section 492.120 - Commission, how issued, to whom directed.
Section 492.130 - Power and duty of the officer under the commission.
Section 492.140 - What officers out of this state may take depositions without commission.
Section 492.155 - Powers of special commissioner — rulings on evidence, review.
Section 492.160 - Notice to be given if the party or his attorney resides in this state, how.
Section 492.170 - If they do not reside in this state, how.
Section 492.180 - Notice, how served on party or attorney.
Section 492.190 - By whom served.
Section 492.200 - When notice shall be served.
Section 492.210 - Time may be shortened by court or judge in vacation.
Section 492.220 - Commission to examine witnesses on interrogatories when awarded.
Section 492.230 - To whom directed.
Section 492.240 - Interrogatories to be annexed.
Section 492.250 - Command of the commission.
Section 492.260 - Officer to propound interrogatories.
Section 492.280 - Production of documentary evidence on taking of deposition, when.
Section 492.290 - Witnesses to be examined on oath.
Section 492.292 - Venue for deposition of employee of a publicly funded crime laboratory.
Section 492.300 - Adverse party may take depositions by giving notice, when.
Section 492.304 - Visual and aural recordings of child under fourteen admissible, when.
Section 492.320 - Residence of witness certified by officer.
Section 492.330 - Objections to competency or relevancy, how taken.
Section 492.340 - Deposition shall be submitted to witness for examination — signing of deposition.
Section 492.350 - Certificate of officer taking depositions.
Section 492.360 - Exhibits to be enclosed with depositions and directed to clerk.
Section 492.370 - What constitutes sufficient evidence of the authentication of depositions.
Section 492.380 - Official character of officer in the United States, how attested.
Section 492.390 - Official character of officer in foreign country, how attested.
Section 492.400 - When depositions may be read.
Section 492.410 - Evidence preserved in bill of exceptions may be used, how.
Section 492.420 - Depositions may be taken to perpetuate testimony, when.
Section 492.430 - Petition for commission to take depositions.
Section 492.440 - By whom and how issued — to whom directed.
Section 492.450 - Notice of time and place of taking depositions.
Section 492.460 - If person is minor, notice to be served upon whom.
Section 492.470 - Publication of notice to nonresidents.
Section 492.480 - General notice given, how and when.
Section 492.490 - Subpoenas to witnesses.
Section 492.500 - Duty of officer.
Section 492.510 - Questions put to witnesses to be reduced to writing.
Section 492.520 - Answers to be reduced to writing.
Section 492.530 - Power of adjournment.
Section 492.540 - Depositions, how certified and to whom delivered.
Section 492.550 - May be sent by mail or otherwise, when.
Section 492.560 - Duty of recorder on receiving deposition.
Section 492.570 - Depositions, legally taken, may be read, when.
Section 492.580 - Legal exceptions may be taken.
Section 492.590 - Costs and expenses of taking depositions, how awarded and collected — limitations.