Mo. R. Crim. P. 33.12
If it appears by affidavit that the testimony of a person is material in any felony case, and if it is shown that it may become impracticable to secure his presence by subpoena, a court within the jurisdiction in which the case is pending and having jurisdiction to try criminal cases shall order the witness taken into custody or held in custody. A court having jurisdiction to try criminal cases in the jurisdiction where the witness is in custody or where the case is pending shall set conditions of release pursuant to Rule 33.01. No material witness shall be detained because of inability to comply with any condition of release if the testimony of such witness can be adequately secured by deposition, and further detention is not necessary to prevent a failure of justice. Release may be delayed for a reasonable period of time until the deposition of the witness can be taken, in which event the court shall set the time for taking the deposition.
Mo. R. Crim. P. 33.12
Committee Note - 1980
Compare: Prior Rule 22.15, prior Rule 23.08, prior Rule 23.09, prior Rule 25.18 and Fed. R. Crim. P. 46(g).