Witness from another state summoned to testify in this state
If someone lives in another state and is needed as a witness in a Missouri criminal case or grand jury investigation, a Missouri judge can send official paperwork asking that person to come testify. That person gets paid for travel and each day they show up. They only have to stay in Missouri as long as the paperwork says, unless the court says otherwise. If they come to Missouri but skip out on testifying without a good reason, they can be punished the same way any witness who ignores a court order would be punished.
491.420. from another state to in this state. — 1. If a person in any state, which by its laws has made for commanding persons within its borders to attend and testify in criminal s, or s or about to commence, in this state, is a in a prosecution pending in a in this state, or in a grand jury investigation which has commenced or is about to commence, a judge of such court may a under the stating these facts and specifying the number of days the witness be required. The certificate may include a recommendation that the witness be taken into immediate and delivered to an officer of this state to assure his attendance in this state. This certificate shall be presented to a judge of a court of record in the county in which the witness is found.
2. If the witness is summoned to attend and testify in this state he shall be by the treasurer of the county in which the prosecution is pending the sum of ten cents a mile for each mile by the ordinary traveled route to and from the court where the prosecution is pending, and fifteen dollars for each day that he is required to travel and attend as a witness. A witness who has appeared in accordance with the of the shall not be required to remain within this state a longer period of time than the period mentioned in the certificate, unless otherwise ordered by the court. If the witness, after coming into this state, fails without to attend and testify as directed in the summons, he shall be punished in the manner provided for the punishment of any witness who disobeys a summons issued from a court of record in this state.
Tap any gold-underlined word to see what it means.
Source & history notes
(L. 1959 H.B. 295 § 4) (1974) Case remanded for hearing to determine if failure to subpoena alibi witnesses from another state was ineffectiveness of counsel. Garton v. Swenson (C.A. Mo.), 497 F.2d 1137.
Related Missouri laws
Summoning witness in this state to testify in another state
RSMo 491.410
Exemption from arrest and service of process
RSMo 491.430
Uniformity of interpretation
RSMo 491.440
Definitions
RSMo 491.400
Short title
RSMo 491.450
Competency of witnesses, how determined
RSMo 491.380
Legal information, not legal advice. Always confirm with the official source at revisor.mo.gov.