492.303. Essential witness, defined--deposition may be taken by prosecutor, procedure--costs--videotape authorized, used when.

MISSOURI STATUTES AND CODES

492.303. Essential witness, defined--deposition may be taken by prosecutor, procedure--costs--videotape authorized, used when.

Essential witness, defined--deposition may be taken by prosecutor,procedure--costs--videotape authorized, used when.

492.303. 1. Upon the hearing of an application by aprosecuting attorney, served upon an accused or his counsel notless than five days before the date the deposition will be taken,and a finding that the witness is an essential witness, the statemay take the deposition of the witness. A person is an"essential witness" if he is an eyewitness to a felony or if aconviction would not be obtained without his testimony becausethe testimony would establish an element of the felony thatcannot be proven in any other manner. An accused and his spouseare not essential witnesses under any circumstances.

2. The court shall make such orders in connection with thetaking of the deposition as will fully protect the rights ofpersonal confrontation and cross-examination of the witness bythe defendant and shall make a finding that the prosecutingattorney has fully complied with all of his obligations involvingdiscovery respecting the defendant and that the defendant has hadsufficient time to adequately prepare for such deposition. Uponapplication of the prosecuting attorney, the accused shall beordered to attend the taking of the deposition. The reasonablepersonal and traveling expenses of the accused and his counselshall be taxed as costs and paid as provided by law.

3. The deposition may be taken if the witness is anessential witness. The deposition may be videotaped. At thetrial or upon any hearing, any deposition obtained in accordancewith this section, so far as it is otherwise admissible under therules of evidence, may be used by either party for any reasonstated in Missouri supreme court rules of criminal procedure. Inaddition, the deposition may be used by the state if the witnessrefuses to testify or fails to attend the trial or hearing ifthis refusal or failure to attend the trial or hearing is notproduced by the action of the state.