If a witness does not show up when required, a legal order called an attachment can be sent to a sheriff to bring that witness in, the same way a warrant works in a criminal case. The witness has to pay the fees for this unless they can show the judge a good reason why they missed their appearance. If they have a good reason, then the person who needed the witness pays the costs instead.
491.340. to be as in — cost. — Every such attachment may be directed to any sheriff or other officer provided by law of the county in which the resides, and shall be executed in the same manner as a in a ; and the fees of the officer for issuing and serving the same shall be paid by the person against whom the same shall have been issued, unless he show , to the of the , for his to attend, in which case the requiring such attendance shall pay all of such attachment.
(RSMo 1939 § 2653, A.L. 1945 p. 765 § 89)
Prior revisions: 1929 § 2267; 1919 § 2817; 1909 § 7494
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Related Missouri laws
Associate circuit judge may order witness attached, when
RSMo 491.330
Penalty for failure to obey subpoena without excuse
RSMo 491.350
Validity of subpoena
RSMo 491.320
Continuance of case
RSMo 491.360
Associate circuit judge to issue subpoenas
RSMo 491.310
Cost of surplus witnesses paid by whom
RSMo 491.370
Legal information, not legal advice. Always confirm with the official source at revisor.mo.gov.