494.470. Challenges for cause, grounds for--juror on panel not summoned off as a witness, exception.

MISSOURI STATUTES AND CODES

494.470. Challenges for cause, grounds for--juror on panel not summoned off as a witness, exception.

Challenges for cause, grounds for--juror on panel not summoned off asa witness, exception.

494.470. 1. No witness or person summoned as a witness inany cause, no person who has formed or expressed an opinionconcerning the matter or any material fact in controversy in anycase that may influence the judgment of such person, and noperson who is kin to either party in a civil case or to theinjured party, accused, or prosecuting or circuit attorney in acriminal case within the fourth degree of consanguinity oraffinity shall be sworn as a juror in the same cause.

2. Persons whose opinions or beliefs preclude them fromfollowing the law as declared by the court in its instructionsare ineligible to serve as jurors on that case.

3. All challenges for cause may be tried by the court on theoath of the person challenged or on other evidence and suchchallenges shall be made before the juror is sworn. If the causeof challenge be discovered after the juror is sworn and beforeany part of the evidence is delivered, the juror may bedischarged or not in the discretion of the court.

4. A prospective juror may be challenged for cause for anyreason mentioned in this section and also for any causesauthorized by the law.

5. It shall be unlawful for any party to any suit to havesummoned off of the regular panel of any jury, qualified for thetrial of any cause, any of such jurors, to be used as witnessesin any cause pending in the court, unless the party at whoseinstance such juror or jurors is summoned shall first show, tothe satisfaction of the court, that such juror or jurors so to besummoned are material witnesses, whose evidence he should have inthe trial of the cause, and unless he so shows, the court mayrefuse to allow such juror to be summoned as a juror may besummoned as a witness prior to the first day of the term withoutfirst showing to the court that such person is a materialwitness.