Missouri Revised Statutes
Mo. Rev. Stat. § 540.130 (2026)
Prosecuting or circuit attorney to attend
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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.
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(RSMo 1939 § 3912, A.L. 1989 S.B. 127, et al.)
Prior revisions: 1929 § 3523; 1919 § 3868; 1909 § 5076
Notes of Decisions
Cited in 3
cases, 1953–1992 · leading case: State ex rel. Burke v. Scott, 262 S.W.2d 614 (Mo. 1953).
State ex rel. Burke v. Scott, 262 S.W.2d 614 (Mo. 1953). “And by Section 540.130 the circuit attorney is given the duty of examining witnesses in the presence of the Grand Jury, “whenever required by any grand jury.”
State v. Eyman, 828 S.W.2d 883 (Mo. Ct. App. 1992). “The prosecuting attorney (§§ 540.130, .140, RSMo Supp.1990), a court reporter, if needed (§ 540.”
State v. Elgin, 391 S.W.2d 341 (Mo. 1965). “150 and see §§ 540.130 and 540.140. Our Rule of Jeofails provides that the proceedings on an indictment or information shall not be stayed or affected “for want of the averment of any matter not necessary to be proved; or, thirteenth, for any other defect or imperfection which…”
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