Supreme Court of Missouri
en banc
November 04, 2025
Effective July 01, 2026
In re:
Repeal of subdivision (h) of subdivision 25.03, entitled "Misdemeanors or Felonies – Disclosure by State to Defendant Without Court Order," of Rule 25, entitled "Misdemeanors or Felonies – Disclosure and Depositions," and, in lieu thereof, adoption of new subdivisions (h) and (i) of subdivision 25.03, entitled "Misdemeanors or Felonies – Disclosure by State to Defendant Without Court Order."
ORDER
1. It is ordered that, effective July 1, 2026, subdivision (h) of subdivision 25.03 of Rule 25 be and the same is hereby repealed and new subdivisions (h) and (i) of subdivision 25.03 are adopted in lieu thereof to read as follows:
25.03. MISDEMEANORS OR FELONIES – DISCLOSURE BY STATE TO DEFENDANT WITHOUT COURT ORDER
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(h) The state shall, without written request, upon endorsement of a witness to testify as an informant, as that term is defined in section 491.065.1(2), RSMo, disclose to the attorneys of record within 14 days, the following material and information:
(1) The complete criminal history of the informant, including any criminal charges that are pending against the informant or that were reduced, amended, or dismissed as part of a plea bargain;
(2) Any cooperation agreement, deal, promise, inducement, or benefit, as that term is defined in section 491.065.1(1), RSMo, that has been requested or that has been or may, at a future date, be offered or provided to the informant in connection with testimony against the defendant's interest;
(3) The substance, time, and place of any statement allegedly given by the defendant to the informant and the substance, time, and place of any statement given by the informant to a law enforcement agency implicating the defendant in the offense charged;
(4) Whether the informant, at any time, has recanted his or her testimony or statement and, if so, the time and place of the recantation, the nature of the recantation, and the names of any persons who were present during the recantation; and
(5) Information concerning other criminal cases in any county in which the informant is or was endorsed by the state to testify against a criminal defendant, including the following:
(A) The case name and number;
(B) The substance of the testimony;
(C) Any cooperation agreement, deal, promise, inducement, or benefit that was requested, offered, or provided to the informant in connection with the informant's testimony; and
(D) Any other information that is requested to be disclosed under the United States Constitution, the Missouri Constitution, and this Court’s rules of criminal procedure.
(i) If material or information would be discoverable under subsections (b), (g), or (h) of this Rule if in the possession or control of the state, but is in possession or control of other governmental personnel, the state shall use diligence and make good faith efforts to make the material or information available to defendant. If the state's efforts are unsuccessful and the material or information or other governmental personnel are subject to the jurisdiction of the court, the court, upon request, shall issue subpoenas or orders to cause the material or information to be made available to the state for disclosure to the defense.
2. It is ordered that notice of this order be published in the Journal of The Missouri Bar.
3. It is ordered that this order be published in the South Western Reporter.
Day - to – Day
W. Brent Powell Chief Justice
W. Brent Powell Chief Justice