Effective - 28 Aug 1989
540.160. Grand jury entitled to process — exception. — Whenever thereto required by any grand jury, or the foreperson thereof, or by the prosecuting or circuit attorney, the clerk of the court in which such jury is impaneled shall issue subpoenas and other process to bring witnesses to testify before such grand jury. After the finding and returning of any indictment by the grand jury, such foreperson, prosecuting or circuit attorney, or jury, shall not have the right to cause any subpoena or other process to be issued for any person who is known or believed by such foreperson, prosecuting or circuit attorney or jury to be a witness in behalf of the person or persons so indicted, or who has been subpoenaed as a witness in behalf of such person or persons, or who such foreperson, prosecuting or circuit attorney or jury may have reason to believe will be summoned as a witness in behalf of such person or persons, in regard to the matter or matters charged against such person or persons in such indictment, except upon the written order of the judge of the court into which such indictment is returned.
--------
(RSMo 1939 § 3914, A.L. 1989 S.B. 127, et al.)
Prior revisions: 1929 § 3525; 1919 § 3870; 1909 § 5078
(1953) Subpoena issued by court at request of prosecuting attorney, requiring production of records before grand jury and returnable at time grand jury was not in session and at time when matters affected by such records were not under grand jury investigation, was void both under the statutes and constitution of this state. State ex rel. Burke v. Scott, 364 Mo. 443, 262 S.W.2d 614.
Structure Missouri Revised Statutes
Title XXXVII - Criminal Procedure
Chapter 540 - Grand Juries and Their Proceedings
Section 540.031 - Duties of grand jury.
Section 540.045 - Qualifications and exemptions from service.
Section 540.050 - Disqualification of grand juror — new juror summoned.
Section 540.060 - Challenge of grand jurors — grounds.
Section 540.070 - Challenge for other causes not allowed.
Section 540.080 - Oath of grand jurors.
Section 540.090 - Foreperson of grand jury, appointment.
Section 540.100 - Clerk of grand jury, appointment.
Section 540.105 - Reporter to record testimony — oath.
Section 540.106 - Grand jury proceeding to be recorded, when — transcript to defendant.
Section 540.110 - Foreperson — powers and duties — oath.
Section 540.120 - Penalty for violation of oath.
Section 540.130 - Prosecuting or circuit attorney to attend.
Section 540.140 - Rights and privileges of prosecuting or circuit attorney.
Section 540.150 - Interpreter — appointment — oath.
Section 540.160 - Grand jury entitled to process — exception.
Section 540.170 - Subpoenas in vacation, when issued.
Section 540.180 - Compulsory process, when issued.
Section 540.190 - Refusal to testify — proceedings.
Section 540.200 - Witness may be compelled to testify.
Section 540.210 - Continued refusal to testify — proceedings.
Section 540.220 - Grand juror as witness, when.
Section 540.230 - Indictment of grand juror — proceedings.
Section 540.240 - Bills of indictment.
Section 540.250 - True bill — concurrence by nine grand jurors.
Section 540.260 - Indictment not a true bill, when.
Section 540.270 - Indictments — presented to court — filed.
Section 540.300 - Grand jurors required to testify, when.
Section 540.310 - Cannot be compelled to disclose vote.
Section 540.320 - Grand juror not to disclose evidence — penalty.