Revised Statutes of Missouri Chapter 540 — Grand Juries and Their Proceedings

Missouri · statute · Mo. Rev. Stat. ch. 540 · 33 active provisions

Selection of grand jurors, summons and jury qualification form — notification of persons not qualified to serve — alternate grand jurors — length of service — compensation

1. Upon order of the presiding judge of the circuit court, or a judge designated by the presiding judge, names of prospective grand jurors shall be randomly selected from the master jury list in the manner determined by the board of jury commissioners. A summons for grand jury service and a juror qualification form sha…

MissouriGrand Juries and Their ProceedingsEffective 2003-08-28effective

Courts & Civil Procedure

Mo. Rev. Stat. § 540.031

Duties of grand jury

A grand jury may make inquiry into and return indictments for all grades of crimes and shall make inquiry into all possible violations of the criminal laws as the court may direct. The grand jury may examine public buildings and report on their conditions.

MissouriGrand Juries and Their ProceedingsEffective 2005-08-28effective

Courts & Civil Procedure

Mo. Rev. Stat. § 540.045

Qualifications and exemptions from service

1. The provisions of sections 494.400 to 494.505 relating to the qualifications and disqualifications of petit jurors and exemptions from service as a petit juror are applicable to grand jurors drawn and selected under the provisions of this chapter. 2. In addition thereto, any person who has served as a member or alte…

MissouriGrand Juries and Their ProceedingsEffective 1989-08-28effective

Mo. Rev. Stat. § 540.050

Disqualification of grand juror — new juror summoned

If any person is summoned as a grand juror who is not qualified as required by law, he may be challenged and discharged if such challenge is verified according to law or by his own oath. In such case, and also in case of nonattendance of any grand juror after he shall have been qualified, or in case any grand juror is…

MissouriGrand Juries and Their ProceedingsEffective 1989-08-28effective

Mo. Rev. Stat. § 540.060

Challenge of grand jurors — grounds

Before a grand juror is sworn, any person held to answer a criminal charge may object to the competency of the grand juror on the ground that the grand juror is the prosecutor or complainant upon any charge against such person, or that the grand juror is a witness on the part of the prosecutor and has been summoned or…

MissouriGrand Juries and Their ProceedingsEffective 1989-08-28effective

Mo. Rev. Stat. § 540.070

Challenge for other causes not allowed

No challenge to the array of grand jurors, or to any person summoned as a grand juror, shall be allowed except as provided in section 540.045 and in section 540.050.

MissouriGrand Juries and Their ProceedingsEffective 1989-08-28effective

Mo. Rev. Stat. § 540.080

Oath of grand jurors

Grand jurors may be sworn in the following form: Do you solemnly swear you will diligently inquire and true presentment make, according to your charge, of all offenses against the laws of the state committed or triable in this county of which you have or can obtain legal evidence; the counsel of your state, your fellow…

MissouriGrand Juries and Their ProceedingsEffective 1989-08-28effective

Mo. Rev. Stat. § 540.090

Foreperson of grand jury, appointment

From the persons selected to serve as grand jurors, the court shall appoint a foreperson. If such foreperson is discharged or excused before the grand jury is dismissed, the court shall appoint another foreperson.

MissouriGrand Juries and Their ProceedingsEffective 1989-08-28effective

Courts & Civil Procedure

Mo. Rev. Stat. § 540.100

Clerk of grand jury, appointment

Every grand jury may appoint one of their number to be a clerk thereof, to preserve minutes of their proceedings and of the evidence given before them. The minutes shall be given to the prosecuting or circuit attorney when the grand jury is discharged from further service.

MissouriGrand Juries and Their ProceedingsEffective 1989-08-28effective

Courts & Civil Procedure

Mo. Rev. Stat. § 540.105

Reporter to record testimony — oath

An official reporter of the circuit court, when directed by the judge thereof, shall take down and transcribe for the use of the prosecuting or circuit attorney any or all evidence given before the grand jury. Before taking down any such evidence, however, such reporter shall be sworn by the foreperson of such grand ju…

MissouriGrand Juries and Their ProceedingsEffective 1989-08-28effective

Courts & Civil Procedure

Mo. Rev. Stat. § 540.106

Grand jury proceeding to be recorded, when — transcript to defendant

Any grand jury proceeding that includes testimony or other information from a witness who is granted immunity from prosecution shall be a recorded proceeding. In the event a person is indicted as a result of such immunized testimony, the prosecutor shall provide a transcription of such testimony to all defendants.

MissouriGrand Juries and Their ProceedingsEffective 1997-08-28effective

Courts & Civil Procedure

Mo. Rev. Stat. § 540.110

Foreperson — powers and duties — oath

The foreperson of every grand jury, from the time of his appointment to his discharge, shall be authorized to administer any oath, declaration or affirmation, in the manner prescribed by law, to any witness who shall appear before such grand jury, for the purpose of giving evidence in any matter cognizable by them. In…

MissouriGrand Juries and Their ProceedingsEffective 1989-08-28effective

Mo. Rev. Stat. § 540.120

Penalty for violation of oath

Any person having taken the oath required pursuant to section 540.110, who shall willfully violate the same, shall be adjudged guilty of a class B misdemeanor.

MissouriGrand Juries and Their ProceedingsEffective 1989-08-28effective

Mo. Rev. Stat. § 540.130

Prosecuting or circuit attorney to attend

Whenever required by any grand jury, it shall be the duty of the prosecuting or circuit attorney in the county, or in a city not within a county, to attend them for the purpose of examining witnesses in their presence, or giving them advice upon any legal matter.

MissouriGrand Juries and Their ProceedingsEffective 1989-08-28effective

Courts & Civil Procedure

Mo. Rev. Stat. § 540.140

Rights and privileges of prosecuting or circuit attorney

The prosecuting or circuit attorney shall be allowed at all times to appear before the grand jury on his request, for the purpose of giving information relative to any matter cognizable by them, and shall be permitted to interrogate witnesses before them, when they or he shall deem it necessary. No prosecuting or circu…

MissouriGrand Juries and Their ProceedingsEffective 1989-08-28effective

Courts & Civil Procedure

Mo. Rev. Stat. § 540.150

Interpreter — appointment — oath

Whenever in the opinion of any grand jury it shall be necessary to have an interpreter of the testimony to be given before them by any witnesses, they may appoint such interpreter and permit him to be present in the grand jury room during the hearing of the testimony of such witnesses. The interpreter shall first be sw…

MissouriGrand Juries and Their ProceedingsEffective 1989-08-28effective

Mo. Rev. Stat. § 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…

MissouriGrand Juries and Their ProceedingsEffective 1989-08-28effective

Courts & Civil Procedure

Mo. Rev. Stat. § 540.170

Subpoenas in vacation, when issued

It shall be the duty of the circuit clerk to issue subpoenas for witnesses to be and appear before the grand jury of the circuit court thereafter, at the instance of the prosecuting or circuit attorney, whenever it shall be shown that such witnesses are about to absent themselves to avoid being subpoenaed before the gr…

MissouriGrand Juries and Their ProceedingsEffective 1989-08-28effective

Courts & Civil Procedure

Mo. Rev. Stat. § 540.180

Compulsory process, when issued

If any witness, duly summoned to appear and testify before a grand jury, shall fail or refuse to obey, the court shall cause compulsory process to be issued to enforce his attendance, and may punish the delinquent in the same manner and upon like proceedings as provided by law for disobedience of a subpoena issued out…

MissouriGrand Juries and Their ProceedingsEffective 1939-08-28effective

Courts & Civil Procedure

Mo. Rev. Stat. § 540.190

Refusal to testify — proceedings

If any witness, appearing before a grand jury, refuses to testify or to answer any interrogatories in the course of his examination, the fact and the question refused shall be communicated to the court in writing. The court shall thereupon determine whether the witness is bound to answer or not, and the grand jury shal…

MissouriGrand Juries and Their ProceedingsEffective 1989-08-28effective

Mo. Rev. Stat. § 540.200

Witness may be compelled to testify

If the court determines that the witness is bound to answer, and he persists in his refusal, he shall be brought before the court, who shall proceed therein in the same manner as if the witness had been interrogated and refused to answer in open court.

MissouriGrand Juries and Their ProceedingsEffective 1989-08-28effective

Mo. Rev. Stat. § 540.210

Continued refusal to testify — proceedings

If any such witness shall be committed for a contempt, on account of his refusal to testify, and shall persist in such refusal until the grand jury is dismissed, or until the expiration of his imprisonment, he shall not be discharged without leave of court and until he enters into a recognizance, with sufficient surety…

MissouriGrand Juries and Their ProceedingsEffective 1989-08-28effective

Mo. Rev. Stat. § 540.220

Grand juror as witness, when

If a grand juror knows of the commission of an indictable offense, or any material fact touching the same, he must declare such fact to his fellows, and be sworn as a witness upon the investigation before them.

MissouriGrand Juries and Their ProceedingsEffective 1939-08-28effective

Mo. Rev. Stat. § 540.230

Indictment of grand juror — proceedings

Any grand juror may be indicted or presented by the grand jury of which he is a member. When any information shall be given against a grand juror, it shall be the duty of the foreperson at once to notify the prosecuting or circuit attorney of the fact. If, on examination, there are grounds for proceedings against such…

MissouriGrand Juries and Their ProceedingsEffective 1989-08-28effective

Courts & Civil Procedure Criminal Law

Mo. Rev. Stat. § 540.240

Bills of indictment

All grand juries are hereby authorized to find and present bills of indictment for either felonies or misdemeanors committed against the laws of the state.

MissouriGrand Juries and Their ProceedingsEffective 1939-08-28effective

Criminal Law

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