Learn About the Law
Get help with your legal needs
FindLaw’s Learn About the Law features thousands of informational articles to help you understand your options. And if you’re ready to hire an attorney, find one in your area who can help.
Current as of January 01, 2023 | Updated by FindLaw Staff
1. Upon the hearing of an application by a prosecuting attorney, served upon an accused or his counsel not less than five days before the date the deposition will be taken, and a finding that the witness is an essential witness, the state may take the deposition of the witness. A person is an “essential witness” if he is an eyewitness to a felony or if a conviction would not be obtained without his testimony because the testimony would establish an element of the felony that cannot be proven in any other manner. An accused and his spouse are not essential witnesses under any circumstances.
2. The court shall make such orders in connection with the taking of the deposition as will fully protect the rights of personal confrontation and cross-examination of the witness by the defendant and shall make a finding that the prosecuting attorney has fully complied with all of his obligations involving discovery respecting the defendant and that the defendant has had sufficient time to adequately prepare for such deposition. Upon application of the prosecuting attorney, the accused shall be ordered to attend the taking of the deposition. The reasonable personal and traveling expenses of the accused and his counsel shall be taxed as costs and paid as provided by law.
3. The deposition may be taken if the witness is an essential witness. The deposition may be videotaped. At the trial or upon any hearing, any deposition obtained in accordance with this section, so far as it is otherwise admissible under the rules of evidence, may be used by either party for any reason stated in Missouri supreme court rules of criminal procedure. In addition, the deposition may be used by the state if the witness refuses to testify or fails to attend the trial or hearing if this refusal or failure to attend the trial or hearing is not produced by the action of the state.
Cite this article: FindLaw.com - Missouri Revised Statutes Title XXXIII. Evidence and Legal Advertisements § 492.303. Essential witness, defined--deposition may be taken by prosecutor, procedure--costs--videotape authorized, used when - last updated January 01, 2023 | https://codes.findlaw.com/mo/title-xxxiii-evidence-and-legal-advertisements/mo-rev-st-492-303/
FindLaw Codes may not reflect the most recent version of the law in your jurisdiction. Please verify the status of the code you are researching with the state legislature or via Westlaw before relying on it for your legal needs.
A free source of state and federal court opinions, state laws, and the United States Code. For more information about the legal concepts addressed by these cases and statutes, visit FindLaw's Learn About the Law.
Get help with your legal needs
FindLaw’s Learn About the Law features thousands of informational articles to help you understand your options. And if you’re ready to hire an attorney, find one in your area who can help.
Search our directory by legal issue
Enter information in one or both fields (Required)