Effective - 28 Aug 1983
492.303. Essential witness, defined — deposition may be taken by prosecutor, procedure — costs — videotape authorized, used when. — 1. Upon the hearing of an application by a prosecuting attorney, served upon an accused or his counsel not less than five days before the date the deposition will be taken, and a finding that the witness is an essential witness, the state may take the deposition of the witness. A person is an "essential witness" if he is an eyewitness to a felony or if a conviction would not be obtained without his testimony because the testimony would establish an element of the felony that cannot be proven in any other manner. An accused and his spouse are not essential witnesses under any circumstances.
2. The court shall make such orders in connection with the taking of the deposition as will fully protect the rights of personal confrontation and cross-examination of the witness by the defendant and shall make a finding that the prosecuting attorney has fully complied with all of his obligations involving discovery respecting the defendant and that the defendant has had sufficient time to adequately prepare for such deposition. Upon application of the prosecuting attorney, the accused shall be ordered to attend the taking of the deposition. The reasonable personal and traveling expenses of the accused and his counsel shall be taxed as costs and paid as provided by law.
3. The deposition may be taken if the witness is an essential witness. The deposition may be videotaped. At the trial or upon any hearing, any deposition obtained in accordance with this section, so far as it is otherwise admissible under the rules of evidence, may be used by either party for any reason stated in Missouri supreme court rules of criminal procedure. In addition, the deposition may be used by the state if the witness refuses to testify or fails to attend the trial or hearing if this refusal or failure to attend the trial or hearing is not produced by the action of the state.
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(L. 1983 S.B. 24 § 6)
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.