reglab/statecodes huggingface dataset:
2023 Missouri Revised Statutes › Title XXXIII - Evidence and Legal Advertisements › Chapter 490 - Evidence › Section 490.120 - What law to be issue for the court.

Title XXXIII EVIDENCE AND LEGAL ADVERTISEMENTS
Chapter 490
• Effective - 28 Aug 1949
490.120. What law to be issue for the court. —
The law of a jurisdiction other than those referred to in section 490.080 shall be an issue for the court, but shall not be subject to the foregoing provisions concerning judicial notice.
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(L. 1949 p. 318 § 6)
2023 Missouri Revised Statutes › Title XXXIII - Evidence and Legal Advertisements › Chapter 490 - Evidence › Section 490.130 - Certified records of courts to be evidence.

Title XXXIII EVIDENCE AND LEGAL ADVERTISEMENTS
Chapter 490
Effective - 28 Aug 2001
490.130. Certified records of courts to be evidence. —
The records of judicial proceedings of any court of the United States, or of any state, attested by the clerk thereof, with the seal of the court annexed, if there be a seal, and certified by the judge, chief justice or presiding associate circuit judge of the court to be attested in due form, shall have such faith and credit given to them in this state as they would have at the place whence the said records come. Copies from the record of proceedings of any court of this state, attested by the clerk thereof, with the seal of the court annexed, if there be a seal, or if there be no seal, with the private seal of the clerk, shall be received as evidence of the acts or proceedings of such court in any court of this state. Records of proceedings of any court of this state contained within any statewide court automated record-keeping system established by the supreme court shall be received as evidence of the acts or proceedings in any court of this state without further certification of the clerk, provided that the location from which such records are obtained is disclosed to the opposing party.
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(RSMo 1939 § 1864, A.L. 1996 S.B. 869, A.L. 2001 S.B. 267)
Prior revisions: 1929 § 1700; 1919 § 5387; 1909 § 6331
(1953) Certified copy of order of county court adjudging person to be insane and proper person to be sent to state hospital which was made while county court had jurisdiction thereof, held admissible in evidence in robbery prosecution of such person as tending to show his mental condition. State v. St. Clair (Mo.), 262 S.W.2d 25.
(1954) Where administrator of estate in Colorado removed to this state without accounting for or settling the estate, a judgment of the Colorado Court against the administrator for the amount found due from him plus interest, after service on such administrator by registered mail and service in Missouri by sheriff, held valid and allowable against the estate of such administrator after his death, in a probate court in this state. Shearer v. Parker, 364 Mo. 723, 267 S.W.2d 18.
(1963) Photostatic copy of document purporting to be record of conviction and sentence of defendant in Kentucky having name of judge typed thereon and certificate of clerk of court with writing indicating that the certificate was prepared by a third person was inadmissible under this section as evidence of prior conviction under habitual criminal statute. State v. Young (Mo.), 366 S.W.2d 386.
(1967) Failure of judge of federal district court to certify that copy of judgment and commitment attested by clerk in due form was not ground for refusing to admit record when court's ruling included finding that attestation was in due form. State v. Wolfskill (Mo.), 421 S.W.2d 193.
2023 Missouri Revised Statutes › Title XXXIII - Evidence and Legal Advertisements › Chapter 490 - Evidence › Section 490.140 - Justice court records, evidence, when.

Title XXXIII EVIDENCE AND LEGAL ADVERTISEMENTS
Chapter 490
Effective - 28 Aug 1939
490.140. Justice court records, evidence, when. —
Where the docket, files, books and papers of a justice of the peace shall have been delivered to a clerk of the county commission according to law, copies of such docket, files, books or papers, certified by such clerk, shall be evidence.
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(RSMo 1939 § 1867)
Prior revisions: 1929 § 1703; 1919 § 5390; 1909 § 6334
2023 Missouri Revised Statutes › Title XXXIII - Evidence and Legal Advertisements › Chapter 490 - Evidence › Section 490.150 - Public documents edited by authority of Congress.

Title XXXIII EVIDENCE AND LEGAL ADVERTISEMENTS
Chapter 490
Effective - 28 Aug 1939
490.150. Public documents edited by authority of Congress. —
Public documents, purporting to be edited or printed by authority of congress, or either house thereof, shall be evidence to the same extent that authenticated copies of the same would be.
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(RSMo 1939 § 1818)
Prior revisions: 1929 § 1654; 1919 § 5341; 1909 § 6286
(1960) Book prepared by federal agency relating to the prospective development of area in which land was located held properly excluded in condemnation action to determine the value of property. State ex rel. State Highway Commission v. Dockery (Mo.), 340 S.W.2d 689.
2023 Missouri Revised Statutes › Title XXXIII - Evidence and Legal Advertisements › Chapter 490 - Evidence › Section 490.160 - Printed journals of senate and house of this state.

Title XXXIII EVIDENCE AND LEGAL ADVERTISEMENTS
Chapter 490
Effective - 28 Aug 1939
490.160. Printed journals of senate and house of this state. —
The printed journal of the senate and house of representatives of this state, and all public documents or reports therein contained, and all reports or documents printed by the order of this state, or by either house of the general assembly, or purporting to be printed by authority thereof, shall be prima facie evidence to the same extent that duly authenticated copies of the originals would be.
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(RSMo 1939 § 1819)
Prior revisions: 1929 § 1655; 1919 § 5342; 1909 § 6287
2023 Missouri Revised Statutes › Title XXXIII - Evidence and Legal Advertisements › Chapter 490 - Evidence › Section 490.170 - Printing authority to be stated.

Title XXXIII EVIDENCE AND LEGAL ADVERTISEMENTS
Chapter 490
Effective - 28 Aug 1949
490.170. Printing authority to be stated. —
There shall be inserted on the title page of all books and documents printed by state officials, a statement showing by what authority the same are printed.
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(RSMo 1939 § 1820, A. 1949 S.B. 1148)
Prior revisions: 1929 § 1656; 1919 § 5343; 1909 § 6288
2023 Missouri Revised Statutes › Title XXXIII - Evidence and Legal Advertisements › Chapter 490 - Evidence › Section 490.180 - Certified copies of certain official records.

Title XXXIII EVIDENCE AND LEGAL ADVERTISEMENTS
Chapter 490
Effective - 28 Aug 1939
490.180. Certified copies of certain official records. —
Copies of all papers on file in the office of the secretary of state, state treasurer, state auditor and register of lands, or of any matter recorded in either of said offices, certified under the seal of the respective offices, shall be evidence in all courts of this state.
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(RSMo 1939 § 1821)
Prior revisions: 1929 § 1657; 1919 § 5344; 1909 § 6289
(1959) Sections 490.180 and 490.190 do not deal with records of the department of revenue, and in any event, the original records of such agency are admissible although not certified. State v. Ferrara (Mo.), 320 S.W.2d 540.
2023 Missouri Revised Statutes › Title XXXIII - Evidence and Legal Advertisements › Chapter 490 - Evidence › Section 490.190 - Certified copies in offices of auditor and treasurer.

Title XXXIII EVIDENCE AND LEGAL ADVERTISEMENTS
Chapter 490
Effective - 28 Aug 1939
490.190. Certified copies in offices of auditor and treasurer. —
Copies of all papers and documents lawfully deposited in the office either of the treasurer or auditor of the state, when certified by such officer and authenticated by the seal of office, shall be received in evidence in the same manner and with the like effect as the originals.
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(RSMo 1939 § 1824)
Prior revisions: 1929 § 1660; 1919 § 5347; 1909 § 6292
2023 Missouri Revised Statutes › Title XXXIII - Evidence and Legal Advertisements › Chapter 490 - Evidence › Section 490.200 - Copies from United States land offices.

Title XXXIII EVIDENCE AND LEGAL ADVERTISEMENTS
Chapter 490
Effective - 28 Aug 1939
490.200. Copies from United States land offices. —
Copies of any entry or entries, or memoranda, made on the books of the office of any register or receiver of any United States land office, certified by the said register or receiver to be correct, shall be received in evidence in the trial of any cause in any of the courts of this state.
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(RSMo 1939 § 1822)
Prior revisions: 1929 § 1658; 1919 § 5345; 1909 § 6290
2023 Missouri Revised Statutes › Title XXXIII - Evidence and Legal Advertisements › Chapter 490 - Evidence › Section 490.210 - Copies of letters received by register of land office.

Title XXXIII EVIDENCE AND LEGAL ADVERTISEMENTS
Chapter 490
Effective - 28 Aug 1939
490.210. Copies of letters received by register of land office. —
Copies of any letter or letters received by the register or receiver of any land office, as aforesaid, from any superior officer in the land department of the United States, concerning the official action of the said register or receiver, certified by the said register or receiver to be correct, shall be legal evidence in the trial of any cause in any court in this state.
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(RSMo 1939 § 1823)
Prior revisions: 1929 § 1659; 1919 § 5346; 1909 § 6291
2023 Missouri Revised Statutes › Title XXXIII - Evidence and Legal Advertisements › Chapter 490 - Evidence › Section 490.220 - Office records of the United States or sister state.

Title XXXIII EVIDENCE AND LEGAL ADVERTISEMENTS
Chapter 490
Effective - 28 Aug 1939
490.220. Office records of the United States or sister state. —
All records and exemplifications of office books, kept in any public office of the United States, or of a sister state, not appertaining to a court, shall be evidence in this state, if attested by the keeper of said record or books, and the seal of his office, if there be a seal.
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(RSMo 1939 § 1825)
Prior revisions: 1929 § 1661; 1919 § 5348; 1909 § 6293
(1956) Death certificate of sister state has same value as if issued in this state if required by law to be made in manner similar to that required by the laws of this state, and it is therefore prima facie evidence of facts stated in it. Lynde v. Western & Southern Life Ins. Co. (A.), 293 S.W.2d 147.
(1956) Where records of penitentiaries were certified by proper officials under 28 U.S.C.A. §§ 1738 and 1739, they were admissible to show defendant's incarceration and release. State v. Ash (Mo.), 296 S.W.2d 41.
(1963) In absence of proof which established senior record clerk to be keeper of records within meaning of this section, exhibits purporting to show defendant's confinement in Kentucky penitentiary and attested by senior records clerk of the penitentiary were not admissible in prosecution wherein defendant was charged under habitual criminal statute. State v. Young (Mo.), 366 S.W.2d 386.
(1972) Recital in certificate to a copy of document as to official character of the officer as the legal custodian of it is prima facie proof of that fact, and it is unnecessary to call witnesses to prove identity of custodian or his signature and burden of rebutting the presumption is on one contesting it. Such certification held sufficient to comply with this section against contention that there was no proof that the records were kept in any public office of sister state. State v. Brown (Mo.), 476 S.W.2d 519.
2023 Missouri Revised Statutes › Title XXXIII - Evidence and Legal Advertisements › Chapter 490 - Evidence › Section 490.230 - Exemplification by President and others.

Title XXXIII EVIDENCE AND LEGAL ADVERTISEMENTS
Chapter 490
Effective - 28 Aug 1939
490.230. Exemplification by President and others. —
Exemplifications from the books of the executive department of the United States, or any papers filed therein, shall be evidence when attested by the President or the chief of either of the departments, or from any state or territory, of like books or papers, when attested by the governor or the secretary of state thereof, under his official seal.
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(RSMo 1939 § 1826)
Prior revisions: 1929 § 1662; 1919 § 5349; 1909 § 6294
2023 Missouri Revised Statutes › Title XXXIII - Evidence and Legal Advertisements › Chapter 490 - Evidence › Section 490.235 - Printed copies of utility tariffs, evidence, when.

Title XXXIII EVIDENCE AND LEGAL ADVERTISEMENTS
Chapter 490
Effective - 28 Aug 1953
490.235. Printed copies of utility tariffs, evidence, when. —
Printed copies of schedules, classifications and tariffs of rates, fares and charges, and supplements thereto, filed with the Interstate Commerce Commission or the public service commission, which show respectively an Interstate Commerce Commission number, which may be stated in abbreviated form, as I. C. C. No. ______, and an effective date, or which show respectively a public service commission number, which may be stated in abbreviated form, as P. S. C. Mo. No. ______ or Mo. P. S. C. No. ______, and an effective date, may be received in evidence without certification and shall be presumed to be correct copies of the original schedules, classifications, tariffs and supplements on file with the Interstate Commerce Commission or on file with the public service commission.
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(L. 1953 p. 511 § 1)
2023 Missouri Revised Statutes › Title XXXIII - Evidence and Legal Advertisements › Chapter 490 - Evidence › Section 490.240 - Records of cities and towns.

Title XXXIII EVIDENCE AND LEGAL ADVERTISEMENTS
Chapter 490
Effective - 28 Aug 1939
490.240. Records of cities and towns. —
Printed copies of the ordinances, resolutions, rules, orders and bylaws of any city or incorporated town in this state, purporting to be published by authority of such city or incorporated town, and manuscript or printed copies of such ordinances, resolutions, rules, orders and bylaws, certified under the hand of the officer having the same in lawful custody, with the seal of such city or town annexed, shall be received as evidence in all courts and places in this state, without further proof; and any printed pamphlet or volume, purporting to be published by authority of any such town or city, and to contain the ordinances, resolutions, rules, orders or bylaws of such town or city, shall be evidence, in all courts and places within this state, of such ordinances, resolutions, rules, orders or bylaws.
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(RSMo 1939 § 1827)
Prior revisions: 1929 § 1663; 1919 § 5350; 1909 § 6295
CROSS REFERENCE:
Ordinances, resolutions of cities received in evidence, 88.503
(1960) Refusal to allow plaintiff's counsel to introduce city ordinance was not error where a portion was misquoted and a portion, as contained in plaintiff's brief, was irrelevant and the record failed to show plaintiff attempted to prove the ordinance by proper means although the reason given for objection was unsound. Sorrel v. Hudson (Mo.), 335 S.W.2d 1.
(1962) Maps of reorganized school districts from files of state department of education which were submitted by the respective county boards of education were properly received in evidence in action for declaratory judgment to fix the boundary between two reorganized school districts. Reorganized Sch. Dist. R-I v. Reorganized Sch. Dist. R-III (A.), 360 S.W.2d 376.
2023 Missouri Revised Statutes › Title XXXIII - Evidence and Legal Advertisements › Chapter 490 - Evidence › Section 490.250 - Records of corporations and financial institutions.

Title XXXIII EVIDENCE AND LEGAL ADVERTISEMENTS
Chapter 490
• Effective - 28 Aug 1998
490.250. Records of corporations and financial institutions. —
1. Copies of all records and papers on file in the office of any company incorporated under the general or special laws of this state, when certified by the secretary or president, and authenticated by the seal of said company, shall be received as prima facie evidence in all courts of this state, in the same manner and with like effect as the originals.
2. All depository financial institutions and trust companies chartered under the laws of this state or chartered by the federal government and located in this state may provide such copies of all records, papers, and other documents as duplications permitted by subsection 1 of section 362.413, provided the financial institutions retain information in a form permitted by subsection 1 of section 362.413 so that the front and back side of checks and drafts are available for duplication.
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(RSMo 1939 § 1828, A.L. 1998 S.B. 792)
Prior revisions: 1929 § 1664; 1919 § 5351; 1909 § 6296
CROSS REFERENCE:
Articles and certificates of incorporation as evidence, 351.075, 352.060, 388.050, 392.020
2023 Missouri Revised Statutes › Title XXXIII - Evidence and Legal Advertisements › Chapter 490 - Evidence › Section 490.260 - Records of religious societies.

Title XXXIII EVIDENCE AND LEGAL ADVERTISEMENTS
Chapter 490
• Effective - 28 Aug 1939
490.260. Records of religious societies. —
When, by the ordinance or custom of any religious society or congregation in this state, a register is required to be kept of marriages, births, baptisms, deaths or interments, such register shall be admitted as evidence.
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(RSMo 1939 § 1829)
Prior revisions: 1929 § 1665; 1919 § 5352; 1909 § 6297
2023 Missouri Revised Statutes › Title XXXIII - Evidence and Legal Advertisements › Chapter 490 - Evidence › Section 490.270 - Certified copies of religious records.

Title XXXIII EVIDENCE AND LEGAL ADVERTISEMENTS
Chapter 490
Effective - 28 Aug 1939
490.270. Certified copies of religious records. —
Copies of the register referred to in section 490.260, certified by the pastor or other head of any such society or congregation, or by the clerk or other keeper of such register, and verified by his affidavit in writing, shall be received in evidence.
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(RSMo 1939 § 1830)
Prior revisions: 1929 § 1666; 1919 § 5353; 1909 § 6298
2023 Missouri Revised Statutes › Title XXXIII - Evidence and Legal Advertisements › Chapter 490 - Evidence › Section 490.280 - Instruments under repealed law.

Title XXXIII EVIDENCE AND LEGAL ADVERTISEMENTS
Chapter 490
• Effective - 28 Aug 1939
490.280. Instruments under repealed law. —
Every instrument of writing conveying or affecting real estate, and the certificate of the acknowledgment or proof thereof, made in pursuance of any law in force at the time of such acknowledgment or proof, but afterward repealed, shall be evidence to the same extent, and with like effect, as if such law remained in full force.
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(RSMo 1939 § 1839)
Prior revisions: 1929 § 1675; 1919 § 5362; 1909 § 6307
2023 Missouri Revised Statutes › Title XXXIII - Evidence and Legal Advertisements › Chapter 490 - Evidence › Section 490.290 - Deed acknowledged under former law.

Title XXXIII EVIDENCE AND LEGAL ADVERTISEMENTS
Chapter 490
• Effective - 28 Aug 1939
490.290. Deed acknowledged under former law. —
Any deed or conveyance, duly acknowledged or proved and recorded, according to any law in force at the time of taking such acknowledgment or proof, although not declared by such law to be evidence, shall be received in evidence, if it appear to have been duly recorded in the proper office, within one year from its date, and more than twenty years from the time it is offered in evidence.
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(RSMo 1939 § 1840)
Prior revisions: 1929 § 1676; 1919 § 5363; 1909 § 6308
2023 Missouri Revised Statutes › Title XXXIII - Evidence and Legal Advertisements › Chapter 490 - Evidence › Section 490.300 - Deed, evidence upon proof of certain facts.

Title XXXIII EVIDENCE AND LEGAL ADVERTISEMENTS
Chapter 490
• Effective - 28 Aug 1939
490.300. Deed, evidence upon proof of certain facts. —
Such deed or conveyance, acknowledged or proved and recorded, according to law, though not recorded within one year from the date thereof, or twenty years before it is offered, may be read in evidence, upon proof of such facts and circumstances as, together with the certificate of acknowledgment or proof, shall satisfy the court that the person who executed the instrument is the person therein named as grantor.
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(RSMo 1939 § 1841)
Prior revisions: 1929 § 1677; 1919 § 5364; 1909 § 6309
CROSS REFERENCES:
Execution of deeds, proof required, 442.260, 442.300
Guardian of minor, acknowledged deed to be evidence, 475.245
2023 Missouri Revised Statutes › Title XXXIII - Evidence and Legal Advertisements › Chapter 490 - Evidence › Section 490.310 - Original deed lost — certified copy of deed, evidence when.

Title XXXIII EVIDENCE AND LEGAL ADVERTISEMENTS
Chapter 490
Effective - 28 Aug 1939
490.310. Original deed lost — certified copy of deed, evidence when. —
Whenever it shall appear that the original deed or conveyance in any of the cases specified in sections 490.280 to 490.300 has been lost or destroyed, or is not in the power of the party who wishes to use it, a certified copy of the record thereof, and of the certificate of acknowledgment or proof, shall be received in evidence upon like proof as is required in case of the original, and with like effect.
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(RSMo 1939 § 1842)
Prior revisions: 1929 § 1678; 1919 § 5365; 1909 § 6310
2023 Missouri Revised Statutes › Title XXXIII - Evidence and Legal Advertisements › Chapter 490 - Evidence › Section 490.320 - Copy of deed, when evidence.

Title XXXIII EVIDENCE AND LEGAL ADVERTISEMENTS
Chapter 490
Effective - 02 Jan 1979, see footnote
490.320. Copy of deed, when evidence. —
When any deed or conveyance affecting real estate has been recorded more than twenty years, and has not been proved or acknowledged, according to law, when so recorded, but has been subsequently duly proved, and read upon the trial of any litigated cause in any of the courts of record of this state, and a copy of such deed or conveyance has been preserved in a bill of exceptions taken and filed in such cause, and a transcript of the proceedings therein has been filed in the supreme court or any district of the court of appeals, upon proof that the deed or conveyance has been lost or destroyed, the copy thereof contained in such transcript, duly certified under the hand and seal of the clerk of the proper court, may be read in evidence in any suit.
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(RSMo 1939 § 1843, A.L. 1973 S.B. 263, A.L. 1978 H.B. 1634)
Prior revisions: 1929 § 1679; 1919 § 5366; 1909 § 6311
Effective 1-02-79
2023 Missouri Revised Statutes › Title XXXIII - Evidence and Legal Advertisements › Chapter 490 - Evidence › Section 490.330 - Evidence offered to reject such copy.

Title XXXIII EVIDENCE AND LEGAL ADVERTISEMENTS
Chapter 490
Effective - 28 Aug 1939
490.330. Evidence offered to reject such copy. —
Whenever any deed, conveyance or other evidence of title, or a copy thereof, shall be offered in evidence, under the provisions of any of the preceding sections, and objected to, the party objecting may introduce evidence to show that the original is not what it purports to be, or that it was not executed by those in whose name it purports to have been executed, or that the copy offered is not a true copy of the original; and the court shall determine thereon, and admit or reject the instrument, according to the evidence.
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(RSMo 1939 § 1844)
Prior revisions: 1929 § 1680; 1919 § 5367; 1909 § 6312
2023 Missouri Revised Statutes › Title XXXIII - Evidence and Legal Advertisements › Chapter 490 - Evidence › Section 490.340 - Certain recorded instruments to impart notice, when.

Title XXXIII EVIDENCE AND LEGAL ADVERTISEMENTS
Chapter 490
• Effective - 28 Aug 1959
490.340. Certain recorded instruments to impart notice, when. —
All records heretofore or hereafter made by the recorder of any county by copying from any instrument in writing or copy thereof affecting real estate at law or in equity, which instrument or copy is not entitled to be recorded because it is not certified or is defectively certified, shall from the date this section takes effect, or one year after the recorded instrument or copy is filed with the recorder for record, whichever date is later, impart notice of the contents thereof in the same manner and to the same extent as would an identical recorded instrument or copy which is duly certified. The certification referred to in this section includes not only certification of proof or acknowledgment, or other certification, but also verification, authentication, attestation, or any other condition precedent to recording made by law.
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(RSMo 1939 § 1845, A.L. 1959 S.B. 113)
Prior revisions: 1929 § 1681; 1919 § 5368; 1909 § 6313
(1956) History of section discussed statute held inapplicable to recordation after last reenactment in 1939. Hatcher v. Hall (A.), 292 S.W.2d 619.
2023 Missouri Revised Statutes › Title XXXIII - Evidence and Legal Advertisements › Chapter 490 - Evidence › Section 490.350 - Copies of recorded instruments.

Title XXXIII EVIDENCE AND LEGAL ADVERTISEMENTS
Chapter 490
Effective - 28 Aug 1959
490.350. Copies of recorded instruments. —
Certified copies of such records as are contemplated in section 490.340 shall not be received in evidence until the execution of the original instrument or instruments from which such records are made has been duly proved according to law, except where the record has been made thirty years or more prior to the time of offering the certified copies in evidence.
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(RSMo 1939 § 1846, A.L. 1959 S.B. 113)
Prior revisions: 1929 § 1682; 1919 § 5369; 1909 § 6314
2023 Missouri Revised Statutes › Title XXXIII - Evidence and Legal Advertisements › Chapter 490 - Evidence › Section 490.360 - Evidence of execution of real estate instrument.

Title XXXIII EVIDENCE AND LEGAL ADVERTISEMENTS
Chapter 490
Effective - 28 Aug 1939
490.360. Evidence of execution of real estate instrument. —
Whenever the records in the recorder's office of deeds of any county shall contain a record of any writing, instrument or deed, purporting to affect any real estate, or any right or interest in or to the same, and such real estate, right or interest in or to the same shall have been claimed or enjoyed by any person, by or through such writing, instrument or deed, for a period of ten consecutive years, such writing, instrument or deed, and a certified copy thereof, and of the time of its record, shall be prima facie evidence of the execution of such writing, instrument or deed, and of its genuineness and time of record; provided, the said record thereof shall have been made at least ten years next before such writing, instrument or deed, or certified copy thereof, is offered in evidence.
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(RSMo 1939 § 1850)
Prior revisions: 1929 § 1686; 1919 § 5373; 1909 § 6318
2023 Missouri Revised Statutes › Title XXXIII - Evidence and Legal Advertisements › Chapter 490 - Evidence › Section 490.370 - Recitals in deeds, evidence of heirship in certain cases.

Title XXXIII EVIDENCE AND LEGAL ADVERTISEMENTS
Chapter 490
Effective - 28 Aug 1939
490.370. Recitals in deeds, evidence of heirship in certain cases. —
In any deed conveying real estate heretofore or hereafter made, by any person or persons claiming to be the heir or heirs of some other person, if a recital shall have been or shall be made in said deed, showing or tending to show such heirship, or kinship, or if there shall have been, or shall be, an affidavit made in connection with said deed by one or more of the makers thereof, and attached to said deed, with a recital therein, showing, or tending to show, such heirship or kinship, such recital in such deed or such affidavit or both or the record thereof, may be read in evidence as the testimony of the persons making such deed or affidavit, in the trial of any suit in any court in this state wherein the title to the real estate described in said deed, or any part thereof, is involved or called in question in any manner; provided, however, that the maker of such deed and affidavit shall be dead or absent from the state or otherwise disqualified from testifying in suit, and, that before such recital or affidavit shall be received in evidence it must be shown that the said deed was filed for record, in the office of the recorder of deeds of the county where said real estate, or some part thereof, is situated, at least five years before the filing of the suit wherein such recital, or affidavit, is offered in evidence; and provided further, that the same person claiming title to said real estate, or some part thereof, or interest therein, or some person through whom he claims under or through said deed, shall have paid taxes on the land described in said deed, or some part thereof, or interest therein, for three different years before the filing of such suit.
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(RSMo 1939 § 1851)
Prior revisions: 1929 § 1687; 1919 § 5374
2023 Missouri Revised Statutes › Title XXXIII - Evidence and Legal Advertisements › Chapter 490 - Evidence › Section 490.380 - Deeds recorded thirty years before 1874.

Title XXXIII EVIDENCE AND LEGAL ADVERTISEMENTS
Chapter 490
Effective - 28 Aug 1939
490.380. Deeds recorded thirty years before 1874. —
All deeds, conveyances, powers of attorney, or other instruments in writing under seal, purporting to convey any land, or any estate or interest therein, or whereby the same may be affected in law or equity, executed and acknowledged in conformity with the provisions of any law in force in this state, or in the district or territory of Louisiana, or in the territory of Missouri, at the time of its execution and acknowledgment, and which deed has been duly recorded in the proper office more than thirty years before March 28, 1874, shall, together with the certificate of acknowledgment or proof, be received in evidence in all the courts of this state without further proof of the execution thereof.
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(RSMo 1939 § 1875)
Prior revisions: 1929 § 1711; 1919 § 5398; 1909 § 6342
2023 Missouri Revised Statutes › Title XXXIII - Evidence and Legal Advertisements › Chapter 490 - Evidence › Section 490.390 - Copies evidence when original lost.

Title XXXIII EVIDENCE AND LEGAL ADVERTISEMENTS
Chapter 490
Effective - 28 Aug 1939
490.390. Copies evidence when original lost. —
Copies of the record of such instruments, and of the certificates of acknowledgment or proof thereof, duly certified by the recorder of the county in which the same may have been recorded as aforesaid, when it shall be shown to the court, by oath or affidavit of the party wishing to use the same, or of anyone knowing the fact, that such instrument is lost, or not within the power of the party wishing to use the same, shall be received in evidence with like effect and on the same conditions as the original instrument.
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(RSMo 1939 § 1876)
Prior revisions: 1929 § 1712; 1919 § 5399; 1909 § 6343
2023 Missouri Revised Statutes › Title XXXIII - Evidence and Legal Advertisements › Chapter 490 - Evidence › Section 490.400 - Sheriff's deed in tax sale, evidence of what.

Title XXXIII EVIDENCE AND LEGAL ADVERTISEMENTS
Chapter 490
Effective - 28 Aug 1939
490.400. Sheriff's deed in tax sale, evidence of what. —
All deeds heretofore executed, or that may hereafter be executed, by any sheriff to a purchaser of land sold for delinquent and back taxes, shall be prima facie evidence that the persons named therein as defendants in the suit to enforce the lien of the state of Missouri for the delinquent and back taxes, were the absolute owners of the land conveyed, at the time of the institution of the action.
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(RSMo 1939 § 1879)
Prior revisions: 1929 § 1715; 1919 § 5402; 1909 § 6346
CROSS REFERENCE:
Sheriff's deeds when recorded, or record thereof, evidence, 513.290
2023 Missouri Revised Statutes › Title XXXIII - Evidence and Legal Advertisements › Chapter 490 - Evidence › Section 490.410 - Acknowledged instruments affecting realty.

Title XXXIII EVIDENCE AND LEGAL ADVERTISEMENTS
Chapter 490
Effective - 28 Aug 1939
490.410. Acknowledged instruments affecting realty. —
Every instrument in writing, conveying or affecting real estate, which shall be acknowledged or proved, and certified as herein prescribed, may, together with the certificates of acknowledgment or proof, and relinquishment, be read in evidence, without further proof.
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(RSMo 1939 § 3435)
Prior revisions: 1929 § 3048; 1919 § 2207; 1909 § 2818
CROSS REFERENCE:
Instruments affecting real estate in foreign language, sworn translation evidence, when, 442.140
(1952) This section means that a certificate of acknowledgment is prima facie evidence that the deed was duly executed; that is that it was signed and delivered. Baker v. Baker, 363 Mo. 318, 251 S.W.2d 31.
(1955) Bond, given by purchaser of land to insure against forbidden use, which was executed by corporation in manner prescribed by statute, acknowledged and recorded, held admissible in evidence and imported a consideration. Cook v. Tide Water Associated Oil Co. (A.), 281 S.W.2d 415.
2023 Missouri Revised Statutes › Title XXXIII - Evidence and Legal Advertisements › Chapter 490 - Evidence › Section 490.420 - Certified copy thereof read in evidence.

Title XXXIII EVIDENCE AND LEGAL ADVERTISEMENTS
Chapter 490
Effective - 28 Aug 1939
490.420. Certified copy thereof read in evidence. —
Where any such instrument is acknowledged or proved, certified and recorded, in the manner herein prescribed, and it shall be shown to the court by the oath or affidavit of the party wishing to use the same, or of anyone knowing the fact, that such instrument is lost, or not within the power of the party wishing to use the same, the record thereof, or the transcript of such record, certified by the recorder under the seal of his office, may be read in evidence, without further proof.
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(RSMo 1939 § 3436)
Prior revisions: 1929 § 3049; 1919 § 2208; 1909 § 2819
CROSS REFERENCE:
Conveyances of bounty lands--record or certified copy to be evidence, when, 442.250
2023 Missouri Revised Statutes › Title XXXIII - Evidence and Legal Advertisements › Chapter 490 - Evidence › Section 490.430 - Shall not be conclusive evidence, when.

Title XXXIII EVIDENCE AND LEGAL ADVERTISEMENTS
Chapter 490
Effective - 28 Aug 1939
490.430. Shall not be conclusive evidence, when. —
Neither the certificate of the acknowledgment nor the proof of any such instrument nor the record nor the transcript of the record of such instrument, shall be conclusive, but the same may be rebutted.
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(RSMo 1939 § 3437)
Prior revisions: 1929 § 3050; 1919 § 2209; 1909 § 2820
2023 Missouri Revised Statutes › Title XXXIII - Evidence and Legal Advertisements › Chapter 490 - Evidence › Section 490.440 - Shall not be received in evidence until.

Title XXXIII EVIDENCE AND LEGAL ADVERTISEMENTS
Chapter 490
Effective - 28 Aug 1939
490.440. Shall not be received in evidence until. —
If the party contesting the proof of any such instrument shall make it appear that such proof was taken upon the oath of an incompetent witness, neither such instrument nor the record thereof shall be received in evidence until established by other competent proof.
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(RSMo 1939 § 3438)
Prior revisions: 1929 § 3051; 1919 § 2210; 1909 § 2821
2023 Missouri Revised Statutes › Title XXXIII - Evidence and Legal Advertisements › Chapter 490 - Evidence › Section 490.450 - Error in name.

Title XXXIII EVIDENCE AND LEGAL ADVERTISEMENTS
Chapter 490
Effective - 28 Aug 1939
490.450. Error in name. —
All deeds, mortgages, deeds of trust and other instruments conveying or affecting title to real estate where the Christian names of the grantees therein, or the parties of the second part, are abbreviated by using the initials thereof, or any abbreviation thereof, or where the surname is misspelled, and the same premises are afterwards conveyed by the full Christian name or names, with correct spelling of the surname, the record of such instruments shall be received in evidence and such parties shall be presumed until the contrary appears, to be the same. And in like manner the same shall be true in all cases where the title to any such property is taken in the full Christian name and correct spelling of the surname and conveyed out by the initials or initial or abbreviations of the Christian name or misspelling of the surname; provided, that the surname in which such title was taken is idem sonans with the name by which the title to the same premises were conveyed or affected. And in like manner a variation in the spelling and using of the initials of parties to any court proceedings affecting title to real estate, it shall be presumed, until the contrary appears, that any variation in initials or abbreviations thereof or the misspelling of the surname of any party thereto, such person or persons shall be presumed until the contrary appears, to be the same person or persons claiming title to the real estate affected by such proceedings, as their interest may appear therein; provided, that surnames are idem sonans.
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(RSMo 1939 § 3445)
Prior revisions: 1929 § 3058; 1919 § 2217
2023 Missouri Revised Statutes › Title XXXIII - Evidence and Legal Advertisements › Chapter 490 - Evidence › Section 490.460 - Copies of public contracts.

Title XXXIII EVIDENCE AND LEGAL ADVERTISEMENTS
Chapter 490
• Effective - 28 Aug 1939
490.460. Copies of public contracts. —
Copies of contracts entered into by individuals with the state, or any officer thereof, or with any county, or with any person for the benefit of any county, under or by authority of any law, or the lawful order of any court, the originals of which are, by law or the lawful order of any court, in the custody and keeping of any officer, duly certified and attested by the official seal of such officer, or, if such officer have no official seal, then verified by the affidavit of such officer, may be sued upon, and shall be received in evidence, to all intents and purposes, as the originals themselves.
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(RSMo 1939 § 1853)
Prior revisions: 1929 § 1689; 1919 § 5376; 1909 § 6320
(1972) When state enters into a validly authorized contract it lays aside privilege of sovereign immunity. U.S. Di Carlo Construction Co., Inc. v. State (Mo.), 485 S.W.2d 52.
2023 Missouri Revised Statutes › Title XXXIII - Evidence and Legal Advertisements › Chapter 490 - Evidence › Section 490.470 - Copies of official bonds.

Title XXXIII EVIDENCE AND LEGAL ADVERTISEMENTS
Chapter 490
• Effective - 02 Jan 1979, see footnote
490.470. Copies of official bonds. —
Copies of all bonds required by law to be given by sheriffs, collectors, county treasurers, collectors of the revenue, clerks of the supreme court, districts of the court of appeals, circuit and county commissions, recorders, and all other officers of or under the state, who are required by law to give bond for the faithful performance of their duties, duly certified by the seal of office of the officer in whose custody the bond is required by law to be kept, may be sued upon, and shall be received in evidence, to all intents and purposes, as the originals themselves.
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(RSMo 1939 § 1852, A.L. 1973 S.B. 263, A.L. 1978 H.B. 1634)
Prior revisions: 1929 § 1688; 1919 § 5375; 1909 § 6319
Effective 1-02-79
2023 Missouri Revised Statutes › Title XXXIII - Evidence and Legal Advertisements › Chapter 490 - Evidence › Section 490.480 - Copies of bonds of administrators and others.

Title XXXIII EVIDENCE AND LEGAL ADVERTISEMENTS
Chapter 490
• Effective - 28 Aug 1983
490.480. Copies of bonds of administrators and others. —
Copies of all bonds required by law to be given by executors, administrators, personal representatives, guardians, conservators and commissioners, for the faithful discharge of their duties as such, and the bonds of principals and sureties required to be taken in the course of any judicial proceeding in any of the courts of this state, duly certified by and attested with the seal of office of the officer to whom by law the custody of the same is committed, shall be evidence, to all intents and purposes, as the originals themselves.
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(RSMo 1939 § 1854, A.L. 1983 S.B. 44 & 45)
Prior revisions: 1929 § 1690; 1919 § 5377; 1909 § 6321
2023 Missouri Revised Statutes › Title XXXIII - Evidence and Legal Advertisements › Chapter 490 - Evidence › Section 490.490 - When original shall be produced.

Title XXXIII EVIDENCE AND LEGAL ADVERTISEMENTS
Chapter 490
Effective - 28 Aug 1939
490.490. When original shall be produced. —
Where suit shall be brought upon any copy of a bond, or contract in writing, mentioned in sections 490.460 to 490.480 and the defendant shall, in his answer, or on motion to the court, deny the execution of such bond or contract, such answer or motion being verified by affidavit, the court may, if necessary to the attainment of justice, require the production of the original bond or other writing.
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(RSMo 1939 § 1855)
Prior revisions: 1929 § 1691; 1919 § 5378; 1909 § 6322
2023 Missouri Revised Statutes › Title XXXIII - Evidence and Legal Advertisements › Chapter 490 - Evidence › Section 490.500 - Record copy of lost instrument.

Title XXXIII EVIDENCE AND LEGAL ADVERTISEMENTS
Chapter 490
Effective - 28 Aug 1939
490.500. Record copy of lost instrument. —
In all cases where the original of any bond, contract or other instrument, for the recording of which provision has been made by law, shall appear to be lost, or not within control of the party wishing to use the same, the record thereof, or a transcript of such record, certified by the custodian thereof, under the seal of his office, may be read in evidence without further proof, in like manner and with like effect as in the case of the loss of duly recorded instruments affecting real estate.
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(RSMo 1939 § 1856)
Prior revisions: 1929 § 1692; 1919 § 5379; 1909 § 6323
2023 Missouri Revised Statutes › Title XXXIII - Evidence and Legal Advertisements › Chapter 490 - Evidence › Section 490.510 - Proof of endorsement of notes.

Title XXXIII EVIDENCE AND LEGAL ADVERTISEMENTS
Chapter 490
Effective - 28 Aug 1939
490.510. Proof of endorsement of notes. —
Whenever it becomes necessary in any suit to prove an assignment of or an endorsement on any bond, bill or note, an affidavit of a competent witness, proving the same, shall be received as prima facie evidence of the facts stated in such affidavit.
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(RSMo 1939 § 1857)
Prior revisions: 1929 § 1693; 1919 § 5380; 1909 § 6324
2023 Missouri Revised Statutes › Title XXXIII - Evidence and Legal Advertisements › Chapter 490 - Evidence › Section 490.520 - Proof of partnership.

Title XXXIII EVIDENCE AND LEGAL ADVERTISEMENTS
Chapter 490
Effective - 28 Aug 1939
490.520. Proof of partnership. —
Whenever it becomes necessary in any suit to prove the existence of a partnership, an affidavit of a competent witness, setting forth the names and places of residence of all the partners, the name of the firm, the general nature of the business and where transacted, and the time of the commencement or existence of such partnership, shall be prima facie evidence of the facts therein stated.
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(RSMo 1939 § 1858)
Prior revisions: 1929 § 1694; 1919 § 5381; 1909 § 6325
2023 Missouri Revised Statutes › Title XXXIII - Evidence and Legal Advertisements › Chapter 490 - Evidence › Section 490.525 - Affidavit stating amount charged was reasonable and necessary, effect — restrictions — service — counteraffidavit, requirements — notice.

Title XXXIII EVIDENCE AND LEGAL ADVERTISEMENTS
Chapter 490
Effective - 28 Aug 2004
490.525. Affidavit stating amount charged was reasonable and necessary, effect — restrictions — service — counteraffidavit, requirements — notice. —
1. This section shall apply to civil actions filed in any court of this state.
2. Unless a controverting affidavit is filed as provided by this section, an affidavit that the amount a person charged for a service was reasonable at the time and place that the service was provided and that the service was necessary is sufficient evidence to support a finding of fact by judge or jury that the amount charged was reasonable or that the service was necessary.
3. The affidavit shall:
(1) Be taken before an officer with authority to administer oaths;
(2) Be made by the person or that person's designee who provided the service;
(3) Include an itemized statement of the service and charge.
4. The party offering the affidavit in evidence or the party's attorney shall file the affidavit with the clerk of the court and serve a copy of the affidavit on each other party to the case at least thirty days before the day on which evidence is first presented at the trial of the case.
5. A party intending to controvert a claim reflected by the affidavit shall file a counteraffidavit with the clerk of the court and serve a copy of the counteraffidavit on each other party or the party's attorney of record:
(1) Not later than:
(a) Thirty days after the day he receives a copy of the affidavit; and
(b) At least fourteen days before the day on which evidence is first presented at the trial of the case; or
(2) With leave of the court, at any time before the commencement of evidence at trial.
6. The counteraffidavit shall give reasonable notice of the basis on which the party filing it intends at trial to controvert the claim reflected by the initial affidavit and must be taken before a person authorized to administer oaths. The counteraffidavit shall be made by a person who is qualified, by knowledge, skill, experience, training, education or other expertise, to testify in contravention of all or part of any of the matters contained in the initial affidavit.
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(L. 1993 S.B. 88, A.L. 2004 S.B. 1211)
2023 Missouri Revised Statutes › Title XXXIII - Evidence and Legal Advertisements › Chapter 490 - Evidence › Section 490.530 - Affidavit taken in another state before notary public or associate circuit judge.

Title XXXIII EVIDENCE AND LEGAL ADVERTISEMENTS
Chapter 490
Effective - 28 Aug 1939
490.530. Affidavit taken in another state before notary public or associate circuit judge. —
Any such affidavits, taken out of this state and in the United States, may be taken before a notary public, or before any associate circuit judge, and when taken before such associate circuit judge shall be accompanied by a certificate of the official character of such associate circuit judge, attested by the seal of state, or proved by the certificate and seal of the clerk of the same court of record in the state where the affidavit was made, certifying that such associate circuit judge had full power and authority to administer oaths at the time such affidavit was taken, and that the signature of such magistrate thereto is genuine.
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(RSMo 1939 § 1859)
Prior revisions: 1929 § 1695; 1919 § 5382; 1909 § 6326
2023 Missouri Revised Statutes › Title XXXIII - Evidence and Legal Advertisements › Chapter 490 - Evidence › Section 490.540 - Affidavit taken in another state before clerk or judge.

Title XXXIII EVIDENCE AND LEGAL ADVERTISEMENTS
Chapter 490
Effective - 28 Aug 1939
490.540. Affidavit taken in another state before clerk or judge. —
Any such affidavits, taken out of this state and in the United States, may be taken before any clerk of a court of record, and shall be certified, under the official seal of such clerk, or before any judge of any court of record, to be certified by such judge, and the official character of such judge shall be certified under the official seal of the clerk of such court.
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(RSMo 1939 § 1860)
Prior revisions: 1929 § 1696; 1919 § 5383; 1909 § 6327
2023 Missouri Revised Statutes › Title XXXIII - Evidence and Legal Advertisements › Chapter 490 - Evidence › Section 490.550 - Affidavit to be filed in court before trial.

Title XXXIII EVIDENCE AND LEGAL ADVERTISEMENTS
Chapter 490
Effective - 02 Jan 1979, see footnote
490.550. Affidavit to be filed in court before trial. —
Such affidavits shall not be received in evidence in the county commission, or probate division of the circuit court or before associate circuit judges, unless the same shall be filed in the cause five days before the trial, nor in any other division of the circuit court, unless the same shall be filed in the cause ten days before the trial.
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(RSMo 1939 § 1861, A.L. 1978 H.B. 1634)
Prior revisions: 1929 § 1697; 1919 § 5384; 1909 § 6328
Effective 1-02-79