Section 545.400

Title XXXVII CRIMINAL PROCEDURE

Chapter 545

Effective - 28 Aug 1939   

  545.400.  Conditional examination of witnesses. — The defendant in any criminal cause may also have witnesses examined on his behalf, conditionally, upon a commission issued by the clerk of the court in which the cause is pending, in the same cases and upon the like notice to the prosecuting attorney, with the like effect and in all respects as is provided by law in civil suits; provided, that the notice in such case to the prosecuting attorney shall state the name or names of the witness or witnesses whose depositions are desired or will be taken.

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(RSMo 1939 § 4012)

Prior revisions: 1929 § 3623; 1919 § 3966; 1909 § 5173

(1959) Supreme court rule 25.10 does not authorize taking of depositions after filing of felony complaint but before preliminary hearing since case is not pending until information is filed or indictment is returned. State ex rel. Woods v. Ratliff (Mo.), 322 S.W.2d 864.

(1964) There is no statutory authority for court order requiring payment by the state of the costs of the taking of depositions on behalf of defendant in criminal proceedings. Failure to furnish free depositions is not a violation of defendant's constitutional rights. State v. Aubachon (Mo.), 381 S.W.2d 807.