The Supreme Court of Missouri has issued an order that significantly expands the disclosure requirements regarding informants in criminal cases. Effective July 1, 2026, the repeal of the current subdivision (h) of Rule 25.03 and the adoption of new subdivisions (h) and (i) will mandate more rigorous transparency from the State regarding “jailhouse” and other informants.

“Informants” are discussed in another post – here.

Key Disclosure Requirements. Under the new rule, once a witness is endorsed as an informant (as defined by section 491.065.1(2), RSMo), the State must automatically disclose the following to the defense within 14 days:

• Criminal History: The informant’s full criminal background, including pending charges and past plea bargains.
• Deals and Inducements: Any cooperation agreements, promises, or benefits—past, present, or future—offered in exchange for testimony.
• Statement Details: The substance, time, and place of any statements made by the defendant to the informant, or by the informant to law enforcement.
• Recantations: Detailed records of any time the informant has recanted their testimony.
• Prior Testimony History: Information on other cases where the informant has testified for the State, including case names, numbers, and previous deals.

Impact. This change is positive, but the impact will still rely on defense attorney diligence and pressure.

State’s “Good Faith” Obligation. New subdivision (i) places an affirmative duty on the State to use diligence and “good faith efforts” to obtain this information if it is held by other governmental agencies. If these efforts fail, the court is empowered to issue subpoenas to ensure the defense receives the necessary disclosures.