492.270. Officer may compel attendance of witness--contempt--if witness imprisoned, on what terms discharged. - Missouri Statutes

Officer may compel attendance of witness--contempt--if witnessimprisoned, on what terms discharged.

492.270. 1. Every person, judge or other officer of thestate required to take the depositions or examination ofwitnesses, in pursuance of sections 492.080 to 492.400 or byvirtue of any commission issuing out of any court of record inthis or any other government, shall have power to issue subpoenasfor witnesses to appear and testify, and to compel theirattendance, in the same manner and under like penalties as anycourt of record of this state.

2. Any person summoned as a witness in virtue of theprovisions of sections 492.080 to 492.400 and attending, whoshall refuse to give evidence which may be lawfully required tobe given by him, on oath or affirmation, may be committed toprison by the officer or person authorized to take his depositionor testimony, there to remain without bail until he gives suchevidence, or until he be discharged by due course of law;provided, that in case such person be discharged from suchcommitment or imprisonment upon habeas corpus sued therefor, theparty or parties litigant, in whose behalf the refused evidenceshall have been required, shall be liable to pay such person thecosts by him incurred in effecting such discharge; and the judgeor court hearing the application for discharge may, in itsdiscretion, at the time of such discharge, allow a further sum ofnot exceeding twenty-five dollars for an attorney's fee forprosecuting the proceedings on habeas corpus, to be paid by suchparty or parties litigant to the person so discharged; andprovided further, that until such costs and attorney's fee, ifone be allowed, are paid or tendered to such person, he shall notbe required further to depose or testify in the cause in which hewas so summoned.

(RSMo 1939 § 1937)

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