Courts can order a person who is locked up in jail or prison to be brought to court to testify as a witness in a criminal case. However, a person locked up in a state prison generally cannot be brought to a civil court case. There are two exceptions: first, if the prisoner is in a case about losing parental rights, a judge can order them to attend but only after giving the prison 15 days to object; second, if the prisoner is a party in a civil case and would be seriously and permanently harmed by not attending the trial, a judge can order them to attend, again only after giving the prison 15 days to object.
491.230. Power to — persons in shall not attend — — conditions. — 1. , and any judge or justice thereof, shall have power, upon the of any to a criminal suit or , pending in any , 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 , to be examined as a in such suit or proceeding, on behalf of the .
2. No person detained in a correctional facility of the 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 is a in a to . In such cases the trial judge may only issue a to an offender after the department of corrections has been notified and allowed fifteen days to file a ten objection and be granted an opportunity to appear and make an oral presentation in opposition to the offender's appearance on the basis of considerations and the or children; or
(2) The offender is a party to the civil proceeding and the court finds that the offender be by his failure to attend a 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.
(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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Related Missouri laws
Witness, when free from arrest
RSMo 491.220
Writ to obtain witness from county jail
RSMo 491.240
Application for writ
RSMo 491.250
Witness not excused from testifying, when
RSMo 491.210
Court may compel testimony, witness immunity, exception, when, penalty
RSMo 491.205
Application of prosecuting officers
RSMo 491.260
Legal information, not legal advice. Always confirm with the official source at revisor.mo.gov.