Mo. Rev. Stat. » Chapter 491
Missouri Revised Statutes

Mo. Rev. Stat. § 491.150 (2026)

Attendance, how enforced

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  491.150.  Attendance, how enforced. — A person summoned as a witness in any cause pending in any court of record, and failing to attend, may be compelled, by writ of attachment against his body, to appear, which may be served in any county in the state, and the sheriff may serve such writ of attachment, when issued by any court of record of his county in term time, in any county adjoining that in which the court is being held.

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(RSMo 1939 § 1900)

Prior revisions: 1929 § 1736; 1919 § 5423; 1909 § 6367

Notes of Decisions
Cited in 13 cases, 1968–2013 · leading case: State v. Moore, 359 S.W.3d 520 (Mo. Ct. App. 2012).
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State v. Moore, 359 S.W.3d 520 (Mo. Ct. App. 2012). · cites it 5× “” Section 491.150, RSMo. (2000). Missouri courts have held that a trial court may not issue a writ of body attachment until the witness has failed to obey a validly executed subpoena, which requires evidence that the witness was properly served.”
Smith v. Dir. of Revenue, 410 S.W.3d 703 (Mo. Ct. App. 2013). · cites it 6× “When a witness fails to obey a trial subpoena, the litigant causing such subpoena to be issued has the option of: (1) applying to the court for a writ of attachment, pursuant to Section 491.150; 2 or (2) applying for contempt proceedings.”
State v. Jackson, 806 S.W.2d 426 (Mo. Ct. App. 1991). · cites it 3× “Section 491.150 RSMo 1986 provides that a summoned witness, who fails to appear, may be compelled to appear by writ of attachment against his body.”
State v. Peeler, 604 S.W.2d 662 (Mo. Ct. App. 1980). · cites it 3× “After this case was argued on appeal and submitted to the court, the defendants filed a pro se brief. Despite the fact that the brief was untimely filed and is not in compliance with Rule 84.”
State v. Wilkins, 872 S.W.2d 142 (Mo. Ct. App. 1994). · cites it 2× “Section 491.150 provides: “A person summoned as a witness in any cause pending in any court of record, and failing to attend, may be compelled, by writ of attachment against his body, to appear-” The use of the word “may” indicates the legislature intended to make relief under…”
J. a. a. v. A. D. a., 581 S.W.2d 889 (Mo. Ct. App. 1979). · cites it 3× “Section 491.150, RSMo 1969 provides, “A person summoned as a witness in a cause pending in any court of record, and failing to attend, may be compelled, by a writ of attachment against his body, to appear .”
State v. Woods, 662 S.W.2d 527 (Mo. Ct. App. 1983). “§§ 491.150 and 491.-160 RSMo 1978. Here, defendant presented no evidence that the subpoena was validly served.”
State v. Kennedy, 854 S.W.2d 847 (Mo. Ct. App. 1993). · cites it 3× “’s car from a man in the neighborhood, although the car had been identified as stolen.”
State v. Mixen, 426 S.W.2d 92 (Mo. 1968). · cites it 2× “When there has been a failure to respond to a subpoena the party desiring the evidence may apply to the court for an attachment of the body of the witness, § 491.150, RSMo 1959, V.A.M. S., or resort to contempt proceedings, but enforcement of the command of a subpoena in cases…”
State v. Reed, 853 S.W.2d 452 (Mo. Ct. App. 1993). · cites it 3× “Section 491.150 RSMo 1986 provides a witness who was summoned but refuses to appear “may be compelled” to appear through the writ of attachment against his body.”
State ex rel. Ellis v. Schroeder, 663 S.W.2d 766 (Mo. Ct. App. 1983). · cites it 2× “A person failing to obey a subpoena served upon him may be held in contempt of court. Although relator termed the present proceedings as contempt proceedings, and plaintiff’s original motion was for contempt, the trial court purported to act under § 491.”
Jaa v. Ada, 581 S.W.2d 889 (Mo. Ct. App. 1979). · cites it 3× “Section 491.150, RSMo 1969 provides, "A person summoned as a witness in a cause pending in any court of record, and failing to attend, may be compelled, by a writ of attachment against his body, to appear.”
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