Mo. Rev. Stat. » Chapter 56
Missouri Revised Statutes

Mo. Rev. Stat. § 56.090 (2026)

Must be present, when

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  56.090.  Must be present, when. — No judge shall allow the cases alluded to in sections 56.060 and 56.080 to be tried before him, unless the prosecuting attorney or someone properly qualified to prosecute for him is present.  The judge, before trying these cases, shall give due notice to the prosecuting attorney.

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(RSMo 1939 § 12946, A. 1949 H.B. 2014, A.L. 1959 S.B. 67, A.L. 1978 H.B. 1634)

Prior revisions: 1929 § 11320; 1919 § 740; 1909 § 1010

Effective 1-02-79

Notes of Decisions
Cited in 3 cases (1 in the last 5 years), 2009–2021 · leading case: State v. Swartz, 517 S.W.3d 40 (Mo. Ct. App. 2017).
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State v. Swartz, 517 S.W.3d 40 (Mo. Ct. App. 2017). “Point Four In Point Four on appeal, Swartz argues the trial court erred in allowing the special prosecutor appointed to his case to issue charges against him and try the case because she lacked prosecutorial powers pursuant to sections 56.090, 56.240, 56.750, and 56.770 in that…”
Campbell v. Dir. of Revenue, 297 S.W.3d 656 (Mo. Ct. App. 2009). · cites it 2× “]” Section 56.090 says: “No judge shall allow the cases alluded to in sections 56.”
Paul Joseph Mottet v. Dir. of Revenue, 635 S.W.3d 862 (Mo. Ct. App. 2021). · cites it 4× “06(b) of the Missouri Rules of Civil Procedure for the trial court to set aside the judgment and grant a new trial on the grounds that the judgment was void because it violated section 56.090. A hearing was held on the 1 There is some confusion between the parties and the trial…”
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