Missouri Revised Statutes

Mo. Rev. Stat. § 540.110 (2026)

Foreperson

✓ current as of May 2026

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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 addition to the usual oath, the foreperson, before such witness shall testify, shall administer to him or her the following oath:

Do you further solemnly swear, or affirm, that you will not after your examination here, directly or indirectly, divulge or make known to any person or persons the fact that this grand jury has or has had under consideration the matters concerning which you shall be examined, or any other fact or thing which may come to your knowledge while before this body, or concerning which you shall here testify, unless lawfully required to testify in relation thereto?

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(RSMo 1939 § 3906, A.L. 1989 S.B. 127, et al.)

Prior revisions: 1929 § 3517; 1919 § 3862; 1909 § 5070

(1956) In suit for damages against prosecuting attorney and sheriff for extorting money from plaintiff under threat of criminal prosecution, evidence before grand jury of the execution and contents of documents which were lost after presentation to grand jury was admissible. Mannon v. Frick, 365 Mo. 1203, 295 S.W.2d 158.

(1956) Trial court must determine whether, under all the circumstances present, and weighing the reasons for secrecy against the present need for disclosure, whether evidence before grand jury may be introduced. Mannon v. Frick, 365 Mo. 1203, 295 S.W.2d 158.

(1959) Trial court held to have discretion to order the exhibition to an inspection by the defendant of parts of the grand jury transcript of the testimony of the defendant and of witnesses endorsed on the indictment against him only. State ex rel. Clagett v. James (Mo.), 327 S.W.2d 278.

Notes of Decisions

Cited in 7 cases, 1953–2019 · leading case: Mannon v. Frick, 295 S.W.2d 158 (Mo. 1956).

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Mannon v. Frick, 295 S.W.2d 158 (Mo. 1956). · cites it 4× “Section 540.110 provides for and sets out the oath to be administered to witnesses appearing before a grand jury; therein he or she swears that he (or she) will not divulge the fact that the.”

State v. McGee, 757 S.W.2d 321 (Mo. Ct. App. 1988). · cites it 3× “The common law and the statutes generally provide that grand jury proceedings are to be conducted in secret. Section 540.”

State v. Eyman, 828 S.W.2d 883 (Mo. Ct. App. 1992). · cites it 2× “*888 § 540.110. 2 Breach of one’s oath of secrecy is a misdemeanor.”

Doe v. McCulloch, 542 S.W.3d 354 (Mo. Ct. App. 2017). “§ 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…”

State ex rel. Burke v. Scott, 262 S.W.2d 614 (Mo. 1953). · cites it 2× “It may be here observed that under Section 540.110 the oath of a witness subpoenaed before a Grand Jury shall be administered by the foreman thereof, who shall also administer the prescribed secrecy oath before such witness shall testify.”

State ex inf. Dalton v. Moody, 325 S.W.2d 21 (Mo. 1959). “” § 540.110 prescribes the oath for grand jury witnesses (in addition to the usual oath), as follows: “You do further solemnly swear, or affirm, that you will not after your examination here, directly or indirectly, divulge or make known to any person or persons the fact that…”

Doe v. Bell, 367 F. Supp. 3d 966 (E.D. Mo. 2019). “120 does not apply to Juror, it only prevents witnesses who appeared before the grand jury from violating an oath of secrecy imposed by § 540.110. Neither § 540.080 (the grand juror oath of secrecy) nor § 540.”

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