reglab/housing_qa huggingface dataset:
MO Rev Stat § 492.303 (2021)
2021 Missouri Revised Statutes|Title XXXIII - Evidence and Legal Advertisements|Chapter 492 - Oaths and Affirmations, Depositions and Perpetuation of Testimony|Section 492.303 - Essential witness, defined — deposition may be taken by prosecutor, procedure — costs — videotape authorized, used when.

Effective - 28 Aug 1983   492.303. Essential witness, defined — deposition may be taken by prosecutor, procedure — costs — videotape authorized, used when. — 1. Upon the hearing of an application by a prosecuting attorney, served upon an accused or his counsel not less than five days before the date the deposition will be taken, and a finding that the witness is an essential witness, the state may take the deposition of the witness. A person is an "essential witness" if he is an eyewitness to a felony or if a conviction would not be obtained without his testimony because the testimony would establish an element of the felony that cannot be proven in any other manner. An accused and his spouse are not essential witnesses under any circumstances.  2. The court shall make such orders in connection with the taking of the deposition as will fully protect the rights of personal confrontation and cross-examination of the witness by the defendant and shall make a finding that the prosecuting attorney has fully complied with all of his obligations involving discovery respecting the defendant and that the defendant has had sufficient time to adequately prepare for such deposition. Upon application of the prosecuting attorney, the accused shall be ordered to attend the taking of the deposition. The reasonable personal and traveling expenses of the accused and his counsel shall be taxed as costs and paid as provided by law.  3. The deposition may be taken if the witness is an essential witness. The deposition may be videotaped. At the trial or upon any hearing, any deposition obtained in accordance with this section, so far as it is otherwise admissible under the rules of evidence, may be used by either party for any reason stated in Missouri supreme court rules of criminal procedure. In addition, the deposition may be used by the state if the witness refuses to testify or fails to attend the trial or hearing if this refusal or failure to attend the trial or hearing is not produced by the action of the state. ­­-------- (L. 1983 S.B. 24 § 6)
MO Rev Stat § 492.310 (2021)
2021 Missouri Revised Statutes|Title XXXIII - Evidence and Legal Advertisements|Chapter 492 - Oaths and Affirmations, Depositions and Perpetuation of Testimony|Section 492.310 - Depositions taken in foreign countries to be taken in language of the witness — must be translated.

Effective - 28 Aug 1939   492.310. Depositions taken in foreign countries to be taken in language of the witness — must be translated. — When depositions are taken in foreign countries of a language other than the English language, they shall be taken in the language spoken by the witness, and in such language be reduced to writing by the officer taking the same. When any such deposition shall be filed in any case, in any court in this state, the party filing the same shall, without unreasonable delay thereafter, cause the same to be truly translated into the English language, and such translation to be filed with its original, but only for information to the adverse party. ­­-------- (RSMo 1939 § 1947)  Prior revisions: 1929 § 1783; 1919 § 5470; 1909 § 6414
MO Rev Stat § 492.320 (2021)
2021 Missouri Revised Statutes|Title XXXIII - Evidence and Legal Advertisements|Chapter 492 - Oaths and Affirmations, Depositions and Perpetuation of Testimony|Section 492.320 - Residence of witness certified by officer.

Effective - 28 Aug 1939   492.320. Residence of witness certified by officer. — When the officer taking depositions in virtue of this law shall, in his certificate, state the place of residence of the witness, such statement shall be prima facie evidence of the facts. ­­-------- (RSMo 1939 § 1945)  Prior revisions: 1929 § 1781; 1919 § 5468; 1909 § 6412
MO Rev Stat § 492.330 (2021)
2021 Missouri Revised Statutes|Title XXXIII - Evidence and Legal Advertisements|Chapter 492 - Oaths and Affirmations, Depositions and Perpetuation of Testimony|Section 492.330 - Objections to competency or relevancy, how taken.

Effective - 28 Aug 1939   492.330. Objections to competency or relevancy, how taken. — Every objection to the competency or credibility of a witness examined, or the competency or relevancy of any question put to him, or of any answer given by him, may be made in the same manner and with the like effect as if such witness were personally present; and any failure to make such objection at the taking of the depositions, although the objecting party may be present, shall not prejudice his right to make such objections at the trial of the cause. ­­-------- (RSMo 1939 § 1946)  Prior revisions: 1929 § 1782; 1919 § 5469; 1909 § 6413
MO Rev Stat § 492.340 (2021)
2021 Missouri Revised Statutes|Title XXXIII - Evidence and Legal Advertisements|Chapter 492 - Oaths and Affirmations, Depositions and Perpetuation of Testimony|Section 492.340 - Deposition shall be submitted to witness for examination — signing of deposition.

Effective - 28 Aug 1943   492.340. Deposition shall be submitted to witness for examination — signing of deposition. — When the testimony is fully transcribed the deposition shall be submitted to the witness for examination and shall be read to or by him, unless such examination and reading are waived by the witness and by the parties. Any changes in form or substance which the witness desires to make shall be entered upon the deposition by the officer with a statement of the reasons given by the witness for making them. The deposition shall then be signed by the witness, unless the parties by stipulation waive the signing or the witness is ill or cannot be found, or is dead or refuses to sign. If the deposition is not signed by the witness, the officer shall sign it and state on the record the fact of the waiver or of the illness, or death or absence of the witness or the fact of the refusal to sign together with the reason, if any, given therefor; and the deposition may then be used as fully as though signed, unless on a motion to suppress the court holds that the reasons given for the refusal to sign requires rejection of the deposition in whole or in part. ­­-------- (L. 1943 p. 353 § 144)
MO Rev Stat § 492.350 (2021)
2021 Missouri Revised Statutes|Title XXXIII - Evidence and Legal Advertisements|Chapter 492 - Oaths and Affirmations, Depositions and Perpetuation of Testimony|Section 492.350 - Certificate of officer taking depositions.

Effective - 28 Aug 1939   492.350. Certificate of officer taking depositions. — To every deposition or examination, taken by virtue of sections 492.080 to 492.400 shall be appended the certificate of the person or officer by or before whom the same shall be taken, showing that the deposition or examination was reduced to writing in his presence, and was subscribed and sworn to by the witnesses, and the place at which, and the days, and within the hours, when the same was taken. ­­-------- (RSMo 1939 § 1938)  Prior revisions: 1929 § 1774; 1919 § 5461; 1909 § 6405
MO Rev Stat § 492.360 (2021)
2021 Missouri Revised Statutes|Title XXXIII - Evidence and Legal Advertisements|Chapter 492 - Oaths and Affirmations, Depositions and Perpetuation of Testimony|Section 492.360 - Exhibits to be enclosed with depositions and directed to clerk.

Effective - 28 Aug 1939   492.360. Exhibits to be enclosed with depositions and directed to clerk. — Depositions or examinations taken by virtue of any of the provisions of sections 492.080 to 492.400 and all exhibits produced to the person or officer taking such examinations or depositions, and proved or referred to by any witness, together with the commission and interrogatories, if any, shall be enclosed, sealed up, and directed to the clerk of the court in which or the associate circuit judge before whom the action is pending. ­­-------- (RSMo 1939 § 1943)  Prior revisions: 1929 § 1779; 1919 § 5466; 1909 § 6410
MO Rev Stat § 492.370 (2021)
2021 Missouri Revised Statutes|Title XXXIII - Evidence and Legal Advertisements|Chapter 492 - Oaths and Affirmations, Depositions and Perpetuation of Testimony|Section 492.370 - What constitutes sufficient evidence of the authentication of depositions.

Effective - 28 Aug 1939   492.370. What constitutes sufficient evidence of the authentication of depositions. — Depositions or examinations taken by any person or officer in this state authorized by sections 492.080 to 492.400 or by any person or officer out of this state appointed by authority of the laws of this state, to take depositions, or by any consul, commercial or diplomatic representative of the United States, or mayor or chief officer of any city, town or borough having a seal of office, or by any notary public, and certified by such person or officer in his official character, and accompanied by his seal of office, if there be one, shall, to all intents and purposes, be sufficient evidence of the authentication of such depositions or examinations. ­­-------- (RSMo 1939 § 1939)  Prior revisions: 1929 § 1775; 1919 § 5462; 1909 § 6406
MO Rev Stat § 492.380 (2021)
2021 Missouri Revised Statutes|Title XXXIII - Evidence and Legal Advertisements|Chapter 492 - Oaths and Affirmations, Depositions and Perpetuation of Testimony|Section 492.380 - Official character of officer in the United States, how attested.

Effective - 28 Aug 1939   492.380. Official character of officer in the United States, how attested. — The official character of such officer taking depositions or examinations within any of the United States, or any of the territories of the United States, or in the District of Columbia, authenticated and proved as aforesaid, or by the certificate and seal of the clerk of any court of record within any county of the state or territory, or within the district where such officer resides, and certifying, also, that such officer was an acting judge or associate circuit judge, and duly commissioned as such, at the time when the depositions were taken, shall be a sufficient authentication thereof. ­­-------- (RSMo 1939 § 1940)  Prior revisions: 1929 § 1776; 1919 § 5463; 1909 § 6407
MO Rev Stat § 492.390 (2021)
2021 Missouri Revised Statutes|Title XXXIII - Evidence and Legal Advertisements|Chapter 492 - Oaths and Affirmations, Depositions and Perpetuation of Testimony|Section 492.390 - Official character of officer in foreign country, how attested.

Effective - 28 Aug 1939   492.390. Official character of officer in foreign country, how attested. — Depositions or examinations taken by any person or judicial officer without the United States, by virtue of any commission issued in pursuance of sections 492.080 to 492.400 shall be, except as herein otherwise provided, accompanied by a certificate of the official character of said officer, attested by the seal of state, or of a court of the government in which the depositions or examinations were taken. ­­-------- (RSMo 1939 § 1941)  Prior revisions: 1929 § 1777; 1919 § 5464; 1909 § 6408
MO Rev Stat § 492.400 (2021)
2021 Missouri Revised Statutes|Title XXXIII - Evidence and Legal Advertisements|Chapter 492 - Oaths and Affirmations, Depositions and Perpetuation of Testimony|Section 492.400 - When depositions may be read.

Effective - 28 Aug 1959   492.400. When depositions may be read. — 1. Examinations or depositions taken and returned in conformity to the provisions of sections 492.080 to 492.400 may be read and used as evidence in the cause in which they were taken, as if the witnesses were present and examined in open court on the trial thereof.  2. The facts which would authorize the reading of the deposition may be established by the testimony of the deposing witness or the certificate of the officer taking the deposition or the testimony of the person or officer who attempted to serve the witness with a subpoena  (1) If the witness resides or is gone out of the state;  (2) If he is dead;  (3) If by reason of age, sickness or bodily infirmity he is unable to or cannot safely attend court;  (4) If he resides in a county other than that in which the trial is held, or if he has gone a greater distance than forty miles from the place of trial without the consent, connivance or collusion of the party requiring his testimony;  (5) If he is a judge of a court of record, a practicing attorney or physician and engaged in the discharge of his official or professional duty at the time of the trial;  (6) If the witness is absent without the consent, connivance or collusion of the party requiring his testimony and the party, in the exercise of due diligence, has been unable to procure the attendance of the deponent by subpoena. ­­-------- (RSMo 1939 § 1944, A.L. 1959 S.B. 116)  Prior revisions: 1929 § 1780; 1919 § 5467; 1909 § 6411  (1972) Trial court's permission to use deposition was not abuse of discretion where deposition showed that the witness had moved frequently during preceding three years and was offered on the grounds that at time of trial witness had gone to Kansas for four weeks prior to trial and had been reached by telephone at a "Kansas number". Adkison v. Hannah (Mo.), 475 S.W.2d 39.
MO Rev Stat § 492.410 (2021)
2021 Missouri Revised Statutes|Title XXXIII - Evidence and Legal Advertisements|Chapter 492 - Oaths and Affirmations, Depositions and Perpetuation of Testimony|Section 492.410 - Evidence preserved in bill of exceptions may be used, how.

Effective - 28 Aug 1939   492.410. Evidence preserved in bill of exceptions may be used, how. — Whenever any competent evidence shall have been preserved in any bill of exceptions in a cause, the same may be thereafter used in the same manner and with like effect as if such testimony had been preserved in a deposition in said cause, but the party against whom such testimony of any witness may be used shall be permitted to prove any matters contradictory thereof as though such witness were present and testifying in person. ­­-------- (RSMo 1939 § 1878)  Prior revisions: 1929 § 1714; 1919 § 5401; 1909 § 6345
MO Rev Stat § 492.420 (2021)
2021 Missouri Revised Statutes|Title XXXIII - Evidence and Legal Advertisements|Chapter 492 - Oaths and Affirmations, Depositions and Perpetuation of Testimony|Section 492.420 - Depositions may be taken to perpetuate testimony, when.

Effective - 28 Aug 1939   492.420. Depositions may be taken to perpetuate testimony, when. — Depositions of witnesses to perpetuate testimony may be taken, whether the person desiring the taking of the same is a party, or expects to be a party, to a suit pending or about to be commenced or not, in any court of this state, and the object is to perpetuate the contents of any lost deed or other instrument of writing, or the remembrance of any fact, matter or thing necessary to the recovery, security or defense of any estate or property, real or personal, or any interest therein, or any other personal right. ­­-------- (RSMo 1939 § 1953)  Prior revisions: 1929 § 1789; 1919 § 5476; 1909 § 6419
MO Rev Stat § 492.430 (2021)
2021 Missouri Revised Statutes|Title XXXIII - Evidence and Legal Advertisements|Chapter 492 - Oaths and Affirmations, Depositions and Perpetuation of Testimony|Section 492.430 - Petition for commission to take depositions.

Effective - 02 Jan 1979   492.430. Petition for commission to take depositions. — A commission shall be granted to take such depositions by any judge of the supreme court, the court of appeals, or of any circuit court, except a municipal judge, on the presentation of a petition, in writing, of one or more parties, supported by his or their affidavit, or the affidavit of some credible person, setting forth the nature of his or their interest, right or claim, the facts intended to be proved, the names of the individuals whose testimony is desired, and the place or places of their residence. ­­-------- (RSMo 1939 § 1954, A.L. 1973 S.B. 263, A.L. 1978 H.B. 1634)  Prior revisions: 1929 § 1790; 1919 § 5477; 1909 § 6420  Effective 1-02-79
MO Rev Stat § 492.440 (2021)
2021 Missouri Revised Statutes|Title XXXIII - Evidence and Legal Advertisements|Chapter 492 - Oaths and Affirmations, Depositions and Perpetuation of Testimony|Section 492.440 - By whom and how issued — to whom directed.

Effective - 28 Aug 1939   492.440. By whom and how issued — to whom directed. — The commission shall be issued by the clerk of the court in which the judge granting the same presides, and, being witnessed by the clerk and the seal of the court, shall be directed to any judge, associate circuit judge, notary public, or clerk of any court of record, being in the county where such testimony is to be taken, requiring such judge, associate circuit judge, notary or clerk to take the depositions of the witnesses therein named; or, in case the witness or witnesses whose testimony is desired reside out of this state, such commission may be directed to and executed by any clerk or judge of a court of record or notary public in any of the United States. ­­-------- (RSMo 1939 § 1955)  Prior revisions: 1929 § 1791; 1919 § 5478; 1909 § 6421
MO Rev Stat § 492.450 (2021)
2021 Missouri Revised Statutes|Title XXXIII - Evidence and Legal Advertisements|Chapter 492 - Oaths and Affirmations, Depositions and Perpetuation of Testimony|Section 492.450 - Notice of time and place of taking depositions.

Effective - 28 Aug 1939   492.450. Notice of time and place of taking depositions. — The party applying for the commission shall give notice, in writing, of the time and place of taking such depositions, to every person who may be known to be interested, his or their agent or attorney, at least thirty days before the taking of the same; and a copy of the petition and affidavit upon which the commission was granted shall accompany such notice. ­­-------- (RSMo 1939 § 1956)  Prior revisions: 1929 § 1792; 1919 § 5479; 1909 § 6422
MO Rev Stat § 492.460 (2021)
2021 Missouri Revised Statutes|Title XXXIII - Evidence and Legal Advertisements|Chapter 492 - Oaths and Affirmations, Depositions and Perpetuation of Testimony|Section 492.460 - If person is minor, notice to be served upon whom.

Effective - 28 Aug 1939   492.460. If person is minor, notice to be served upon whom. — In case the person interested be a minor, the notice shall be served on the guardian of such minor, and on such minor, if over age of fourteen years, and residing within this state. A guardian ad litem may be appointed by the judge granting the commission, when there is no guardian. ­­-------- (RSMo 1939 § 1957)  Prior revisions: 1929 § 1793; 1919 § 5480; 1909 § 6423
MO Rev Stat § 492.470 (2021)
2021 Missouri Revised Statutes|Title XXXIII - Evidence and Legal Advertisements|Chapter 492 - Oaths and Affirmations, Depositions and Perpetuation of Testimony|Section 492.470 - Publication of notice to nonresidents.

Effective - 28 Aug 1939   492.470. Publication of notice to nonresidents. — The publication of such notice in some newspaper printed in this state, at least three weeks consecutively, the last insertion to be twenty days before the day of taking the depositions, shall be sufficient notice to all persons residing without the state. ­­-------- (RSMo 1939 § 1958)  Prior revisions: 1929 § 1794; 1919 § 5481; 1909 § 6424
MO Rev Stat § 492.480 (2021)
2021 Missouri Revised Statutes|Title XXXIII - Evidence and Legal Advertisements|Chapter 492 - Oaths and Affirmations, Depositions and Perpetuation of Testimony|Section 492.480 - General notice given, how and when.

Effective - 28 Aug 1939   492.480. General notice given, how and when. — Parties applying for commissions shall, in addition to the notice required by sections 492.450 to 492.470, give a general notice, in the nearest newspaper to the place where the depositions are to be taken, for four successive weeks, of the time and place of taking the depositions, and the object thereof. ­­-------- (RSMo 1939 § 1959)  Prior revisions: 1929 § 1795; 1919 § 5482; 1909 § 6425
MO Rev Stat § 492.490 (2021)
2021 Missouri Revised Statutes|Title XXXIII - Evidence and Legal Advertisements|Chapter 492 - Oaths and Affirmations, Depositions and Perpetuation of Testimony|Section 492.490 - Subpoenas to witnesses.

Effective - 28 Aug 1939   492.490. Subpoenas to witnesses. — The officer named in the commission may issue a subpoena to such witnesses, requiring them to appear and testify at a time and place therein named, and may enforce obedience thereto by attachment. ­­-------- (RSMo 1939 § 1960)  Prior revisions: 1929 § 1796; 1919 § 5483; 1909 § 6426
MO Rev Stat § 492.500 (2021)
2021 Missouri Revised Statutes|Title XXXIII - Evidence and Legal Advertisements|Chapter 492 - Oaths and Affirmations, Depositions and Perpetuation of Testimony|Section 492.500 - Duty of officer.

Effective - 28 Aug 1939   492.500. Duty of officer. — Such officer shall attend at the time and place appointed for taking such depositions. ­­-------- (RSMo 1939 § 1961)  Prior revisions: 1929 § 1797; 1919 § 5484; 1909 § 6427
MO Rev Stat § 492.510 (2021)
2021 Missouri Revised Statutes|Title XXXIII - Evidence and Legal Advertisements|Chapter 492 - Oaths and Affirmations, Depositions and Perpetuation of Testimony|Section 492.510 - Questions put to witnesses to be reduced to writing.

Effective - 28 Aug 1939   492.510. Questions put to witnesses to be reduced to writing. — If it shall appear to such judge, associate circuit judge or clerk that notice has been given as required by sections 492.420 to 492.590, such officer shall then and there reduce to writing all the questions put to the witnesses by the party desiring such depositions, and also all the questions put by all and every person attending, who shall feel interested, who shall have liberty to examine and cross-examine the witnesses. ­­-------- (RSMo 1939 § 1962)  Prior revisions: 1929 § 1798; 1919 § 5485; 1909 § 6428
MO Rev Stat § 492.520 (2021)
2021 Missouri Revised Statutes|Title XXXIII - Evidence and Legal Advertisements|Chapter 492 - Oaths and Affirmations, Depositions and Perpetuation of Testimony|Section 492.520 - Answers to be reduced to writing.

Effective - 28 Aug 1939   492.520. Answers to be reduced to writing. — Such officers shall also reduce to writing all the answers of the witnesses to such questions; and all such questions and answers shall be written in the English language, and, being distinctly read to such witnesses, shall be sworn to and subscribed by them. ­­-------- (RSMo 1939 § 1963)  Prior revisions: 1929 § 1799; 1919 § 5486; 1909 § 6429
MO Rev Stat § 492.530 (2021)
2021 Missouri Revised Statutes|Title XXXIII - Evidence and Legal Advertisements|Chapter 492 - Oaths and Affirmations, Depositions and Perpetuation of Testimony|Section 492.530 - Power of adjournment.

Effective - 28 Aug 1939   492.530. Power of adjournment. — The officer shall have power to adjourn, from day to day, the taking of such depositions, when the same shall be necessary. ­­-------- (RSMo 1939 § 1964)  Prior revisions: 1929 § 1800; 1919 § 5487; 1909 § 6430
MO Rev Stat § 492.540 (2021)
2021 Missouri Revised Statutes|Title XXXIII - Evidence and Legal Advertisements|Chapter 492 - Oaths and Affirmations, Depositions and Perpetuation of Testimony|Section 492.540 - Depositions, how certified and to whom delivered.

Effective - 28 Aug 1939   492.540. Depositions, how certified and to whom delivered. — The officer taking such depositions shall attach thereto his certificate, stating the time and place when and where such depositions were taken, that the witnesses were duly sworn as to the truth of their depositions, and that they subscribed the same, and shall enclose them, together with the commission and the evidence of notice; and the whole, being carefully sealed up, shall be delivered by the officer to the recorder of the county in which the suit is pending, or in which the property or matter is situate or belongs, to which such depositions relate. ­­-------- (RSMo 1939 § 1965)  Prior revisions: 1929 § 1801; 1919 § 5488; 1909 § 6431