Missouri Revised Statutes

Mo. Rev. Stat. § 492.270 (2026)

Officer may compel attendance of witness

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  492.270.  Officer may compel attendance of witness — contempt — if witness imprisoned, on what terms discharged. — 1.  Every person, judge or other officer of the state required to take the depositions or examination of witnesses, in pursuance of sections 492.080 to 492.400 or by virtue of any commission issuing out of any court of record in this or any other government, shall have power to issue subpoenas for witnesses to appear and testify, and to compel their attendance, in the same manner and under like penalties as any court of record of this state.

  2.  Any person summoned as a witness in virtue of the provisions of sections 492.080 to 492.400 and attending, who shall refuse to give evidence which may be lawfully required to be given by him, on oath or affirmation, may be committed to prison by the officer or person authorized to take his deposition or testimony, there to remain without bail until he gives such evidence, or until he be discharged by due course of law; provided, that in case such person be discharged from such commitment or imprisonment upon habeas corpus sued therefor, the party or parties litigant, in whose behalf the refused evidence shall have been required, shall be liable to pay such person the costs by him incurred in effecting such discharge; and the judge or court hearing the application for discharge may, in its discretion, at the time of such discharge, allow a further sum of not exceeding twenty-five dollars for an attorney's fee for prosecuting the proceedings on habeas corpus, to be paid by such party or parties litigant to the person so discharged; and provided further, that until such costs and attorney's fee, if one be allowed, are paid or tendered to such person, he shall not be required further to depose or testify in the cause in which he was so summoned.

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(RSMo 1939 § 1937)

Prior revisions: 1929 § 1773; 1919 § 5460; 1909 § 6404

Notes of Decisions
Cited in 2 cases, 1953–1983 · leading case: Johnson v. Cox, 262 S.W.2d 13 (Mo. 1953).
Johnson v. Cox, 262 S.W.2d 13 (Mo. 1953). · cites it 3× “assume, without deciding, the doubtful proposition that plaintiff's motion for an order on the lawyer-witness to answer the deposition question was an authorized motion; and we shall thus further assume that plaintiff may on this appeal, properly assign as error the action of…”
State ex rel. Ellis v. Schroeder, 663 S.W.2d 766 (Mo. Ct. App. 1983). · cites it 3× “150 arguably applies to failure to attend depositions, as it may be related to § 492.270. Section 492.270 states that persons required to take depositions have the power to compel a witness’ attendance “in the same manner and under like penalties as any court of record in this…”
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