reglab/statecodes huggingface dataset:
2023 Missouri Revised Statutes › Title XXXIII - Evidence and Legal Advertisements › Chapter 490 - Evidence › Section 490.560 - Notary's certificate of protest.

Title XXXIII EVIDENCE AND LEGAL ADVERTISEMENTS
Chapter 490
Effective - 28 Aug 1939
490.560. Notary's certificate of protest. —
The certificate of a notary public, protesting a bill of exchange or negotiable promissory note, without as well as within this state, setting forth the demand of payment, refusal, protest therefor, and notice of dishonor to parties thereto, and the manner of each of said acts, and verified by his affidavit, shall, in all courts in this state, be prima facie evidence of such acts; provided, such certificate be filed in the cause for at least fifteen days before the trial thereof.
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(RSMo 1939 § 1862)
Prior revisions: 1929 § 1698; 1919 § 5385; 1909 § 6329
2023 Missouri Revised Statutes › Title XXXIII - Evidence and Legal Advertisements › Chapter 490 - Evidence › Section 490.570 - Letters of attorney, how acknowledged and proved — read in evidence, when.

Title XXXIII EVIDENCE AND LEGAL ADVERTISEMENTS
Chapter 490
Effective - 28 Aug 1939
490.570. Letters of attorney, how acknowledged and proved — read in evidence, when. —
Every letter of attorney, or other instrument of writing containing a power to do any act or business whatever, other than the conveyance of real estate, as agent or attorney for another, may be acknowledged or proved and certified, in the same manner as deeds conveying or affecting real estate are, by law, required to be acknowledged or proved and certified, and, when so acknowledged or proved and certified, may, with the certificate of acknowledgment or proof, be read in evidence without further proof of the execution thereof.
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(RSMo 1939 § 1863)
Prior revisions: 1929 § 1699; 1919 § 5386; 1909 § 6330
2023 Missouri Revised Statutes › Title XXXIII - Evidence and Legal Advertisements › Chapter 490 - Evidence › Section 490.580 - Marriage records, evidence when.

Title XXXIII EVIDENCE AND LEGAL ADVERTISEMENTS
Chapter 490
Effective - 28 Aug 1939
490.580. Marriage records, evidence when. —
The record books of marriages to be kept by the respective recorders, in pursuance of the provisions of law, and copies thereof, certified by the recorder under his official seal, shall be evidence in all courts.
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(RSMo 1939 § 1869)
Prior revisions: 1929 § 1705; 1919 § 5392; 1909 § 6336
2023 Missouri Revised Statutes › Title XXXIII - Evidence and Legal Advertisements › Chapter 490 - Evidence › Section 490.590 - Marriage contracts.

Title XXXIII EVIDENCE AND LEGAL ADVERTISEMENTS
Chapter 490
Effective - 28 Aug 1939
490.590. Marriage contracts. —
Marriage contracts, duly proved or acknowledged and certified and recorded, shall be received in evidence in any court in this state, without further proof of their execution.
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(RSMo 1939 § 1870)
Prior revisions: 1929 § 1706; 1919 § 5393; 1909 § 6337
2023 Missouri Revised Statutes › Title XXXIII - Evidence and Legal Advertisements › Chapter 490 - Evidence › Section 490.600 - Certified copy, evidence when.

Title XXXIII EVIDENCE AND LEGAL ADVERTISEMENTS
Chapter 490
Effective - 28 Aug 1939
490.600. Certified copy, evidence when. —
When it shall appear to the court that such marriage contract, duly acknowledged or proved and recorded, is lost or is not in the power of the party wishing to use it, a copy thereof, duly certified under the hand and seal of the recorder, may be received in evidence.
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(RSMo 1939 § 1871)
Prior revisions: 1929 § 1707; 1919 § 5394; 1909 § 6338
CROSS REFERENCE:
Marriage records destroyed, 451.170, 451.180, 451.190
2023 Missouri Revised Statutes › Title XXXIII - Evidence and Legal Advertisements › Chapter 490 - Evidence › Section 490.620 - Person, when presumed to be dead.

Title XXXIII EVIDENCE AND LEGAL ADVERTISEMENTS
Chapter 490
Effective - 28 Aug 2002
490.620. Person, when presumed to be dead. —
If any person who shall have resided in this state goes from and does not return to this state for five successive years, he or she shall be presumed to be dead in any case wherein his or her death shall come in question, unless proof be made that he or she was alive within that time. The fact that such person was exposed to a specific peril of death due to a terrorist event may be a sufficient basis for determining at any time after such exposure that he or she died less than five years after the date his or her absence commenced.
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(RSMo 1939 § 1873, A.L. 1982 S.B. 700 Revision, A.L. 2002 S.B. 712)
Prior revisions: 1929 § 1709; 1919 § 5396; 1909 § 6340
CROSS REFERENCES:
Presumption of death on five years' absence, 473.697 to 473.720
Simultaneous death law, Chap. 471
2023 Missouri Revised Statutes › Title XXXIII - Evidence and Legal Advertisements › Chapter 490 - Evidence › Section 490.630 - Evidence, when translated into English, may be read.

Title XXXIII EVIDENCE AND LEGAL ADVERTISEMENTS
Chapter 490
Effective - 28 Aug 1939
490.630. Evidence, when translated into English, may be read. —
Whenever any written evidence in a cause shall be in language other than English, a written translation thereof into the English language, made by a competent translator, and verified by his affidavit, may be read in evidence instead of the original, if such original be competent evidence.
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(RSMo 1939 § 1874)
Prior revisions: 1929 § 1710; 1919 § 5397; 1909 § 6341
CROSS REFERENCE:
Deeds executed in foreign country admissible in evidence accompanied by sworn translation, 442.140
2023 Missouri Revised Statutes › Title XXXIII - Evidence and Legal Advertisements › Chapter 490 - Evidence › Section 490.640 - Comparison of disputed with genuine writings.

Title XXXIII EVIDENCE AND LEGAL ADVERTISEMENTS
Chapter 490
Effective - 28 Aug 1939
490.640. Comparison of disputed with genuine writings. —
Comparison of a disputed writing with any writing proved to the satisfaction of the judge to be genuine shall be permitted to be made by witnesses, and such writings and the evidence of witnesses respecting the same may be submitted to the court and jury as evidence of the genuineness or otherwise of the writing in dispute.
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(RSMo 1939 § 1915)
Prior revisions: 1929 § 1751; 1919 § 5438; 1909 § 6382
2023 Missouri Revised Statutes › Title XXXIII - Evidence and Legal Advertisements › Chapter 490 - Evidence › Section 490.650 - Account book, when produced.

Title XXXIII EVIDENCE AND LEGAL ADVERTISEMENTS
Chapter 490
Effective - 28 Aug 1939
490.650. Account book, when produced. —
The court before which any action for the recovery of any sum or balance due on account, and where the matter at issue and on trial is a proper and usual subject of charge on books of account, may require either party to produce, at the trial, either his ledger or original book of entries, or both; and no disputed account shall be allowed upon the oath of the party, when it shall appear that he has a book of original entries, unless such book shall be produced upon reasonable request.
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(RSMo 1939 § 1888)
Prior revisions: 1929 § 1724; 1919 § 5411; 1909 § 6355
2023 Missouri Revised Statutes › Title XXXIII - Evidence and Legal Advertisements › Chapter 490 - Evidence › Section 490.660 - Short title.

Title XXXIII EVIDENCE AND LEGAL ADVERTISEMENTS
Chapter 490
• Effective - 28 Aug 1949
490.660. Short title. —
Sections 490.660 to 490.690 may be cited as "The Uniform Business Records as Evidence Law".
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(L. 1949 p. 275 § 1)
(1960) Overruling of defendant's objection to reading of original circuit court record showing defendant's previous convictions and from original St. Louis City Workhouse records showing his sentences served and his discharges upheld against assignment that the evidence did not comply with requirements of Business Records Act as it was not the purpose of the act to exclude properly identified original instruments. State v. Washington (Mo.), 335 S.W.2d 23.
(1960) Testimony of witness, who was an employee of the coroner, as to autopsy upon the deceased, showing his death and the cause of the death, held admissible in evidence in criminal case under the business records as evidence law. State v. Lunsford (Mo.), 338 S.W.2d 868.
(1966) Opinions or reasons of planning commission recommending change in zoning of properties were not relevant to action for condemnation of land for highway purposes and the Uniform Business Records as Evidence Law did not make them admissible in evidence. State v. Koberna (Mo.), 396 S.W.2d 654.
(1975) Evidence which showed that records were kept of all bookings for various charges in the arrest register, that the records were kept in the ordinary course of business, that there is a time limit under which one can be confined without booking, and that witness was familiar with the manner in which arrest records were kept was sufficient to sustain admission of arrest register into evidence over defendant's objection that there was no evidence as to mode of preparation or that it was made at or near the time of recorded arrest. State v. Jones (A.), 518 S.W.2d 322.
2023 Missouri Revised Statutes › Title XXXIII - Evidence and Legal Advertisements › Chapter 490 - Evidence › Section 490.670 - Business defined.

Title XXXIII EVIDENCE AND LEGAL ADVERTISEMENTS
Chapter 490
• Effective - 28 Aug 1949
490.670. Business defined. —
The term
"business"
shall include every kind of business, profession, occupation, calling or operation of institutions, whether carried on for profit or not.
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(L. 1949 p. 275 § 2)
(1952) Hospital held "business" within this section so that its records are made admissible. Melton v. St. L.P.S. Co., 363 Mo. 474, 251 S.W.2d 663.
2023 Missouri Revised Statutes › Title XXXIII - Evidence and Legal Advertisements › Chapter 490 - Evidence › Section 490.690 - Interpretation and construction.

Title XXXIII EVIDENCE AND LEGAL ADVERTISEMENTS
Chapter 490
• Effective - 28 Aug 1949
490.690. Interpretation and construction. —
Sections 490.660 to 490.690 shall be so interpreted and construed as to effectuate its general purpose to make uniform the law of those states which enact it.
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(L. 1949 p. 275 § 4)
2023 Missouri Revised Statutes › Title XXXIII - Evidence and Legal Advertisements › Chapter 490 - Evidence › Section 490.692 - Business records or copies admissible as evidence on affidavit of custodian, when — filing procedure — notice and copies of records to be served on all parties, when — form of affidavit.

Title XXXIII EVIDENCE AND LEGAL ADVERTISEMENTS
Chapter 490
• Effective - 28 Aug 1994
490.692. Business records or copies admissible as evidence on affidavit of custodian, when — filing procedure — notice and copies of records to be served on all parties, when — form of affidavit. —
1. Any records or copies of records reproduced in the ordinary course of business by any photographic, photostatic, microfilm, microcard, miniature photographic, optical disk imaging, or other process which accurately reproduces or forms a durable medium for so reproducing the original that would be admissible under sections 490.660 to 490.690 shall be admissible as a business record, subject to other substantive or procedural objections, in any court in this state upon the affidavit of the person who would otherwise provide the prerequisites of sections 490.660 to 490.690, that the records attached to the affidavit were kept as required by section 490.680.
2. No party shall be permitted to offer such business records into evidence pursuant to this section unless all other parties to the action have been served with copies of such records and such affidavit at least seven days prior to the day upon which trial of the cause commences.
3. The affidavit permitted by this section may be in form and content substantially as follows:
THE STATE OF ______
COUNTY OF ______
AFFIDAVIT
Before me, the undersigned authority, personally appeared ______, who, being by me duly sworn, deposed as follows:
My name is ______, I am of sound mind, capable of making this affidavit, and personally acquainted with the facts herein stated:
I am the custodian of the records of ______. Attached hereto are ______ pages of records from ______. These ______ pages of records are kept by ______ in the regular course of business, and it was the regular course of business of ______ for an employee or representative of ______ with knowledge of the act, event, condition, opinion, or diagnosis recorded to make the record or to transmit information thereof to be included in such record; and the record was made at or near the time of the act, event, condition, opinion or diagnosis. The records attached hereto are the original or exact duplicates of the original.
__________________
Affiant
In witness whereof I have hereunto subscribed my name and affixed my official seal this ______ day of ______, 20______.
__________________
__________________
(Signed)
(Seal)
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(L. 1988 S.B. 425 § 5, A.L. 1992 S.B. 446, A.L. 1994 H.B. 963)
CROSS REFERENCE:
Banking records admissible in evidence by affidavit, when, filing form, 362.413
(2000) Department of Revenue records properly certified pursuant to section 302.312 could not be excluded due to lack of service as required by section. Russell v. Director of Revenue, 35 S.W.3d 507 (Mo.App.E.D.).
2023 Missouri Revised Statutes › Title XXXIII - Evidence and Legal Advertisements › Chapter 490 - Evidence › Section 490.700 - Courts to take judicial notice of population.

Title XXXIII EVIDENCE AND LEGAL ADVERTISEMENTS
Chapter 490
Effective - 28 Aug 1939
490.700. Courts to take judicial notice of population. —
The courts of this state shall take judicial notice, without proof, of the population of all cities in this state according to the last enumeration of the inhabitants thereof, state, federal or municipal, made under or pursuant to any law of this state or of the United States.
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(RSMo 1939 § 7600)
Prior revisions: 1929 § 7457; 1919 § 8868; 1909 § 9717
2023 Missouri Revised Statutes › Title XXXIII - Evidence and Legal Advertisements › Chapter 490 - Evidence › Section 490.710 - Advance payment predicated on possible tort liability not admissible in evidence — payment a credit, when — limitation on action starts when.

Title XXXIII EVIDENCE AND LEGAL ADVERTISEMENTS
Chapter 490
• Effective - 28 Aug 1972
490.710. Advance payment predicated on possible tort liability not admissible in evidence — payment a credit, when — limitation on action starts when. —
1. No advance payment or partial payment of damages, predicated on possible tort liability, as an accommodation to an injured person, or on his behalf to others, or to the heirs at law or dependents of a deceased person, of medical expenses, loss of earnings and other actual out-of-pocket expenses, because of an injury, death claim, property loss or potential claim against any person shall be admissible into evidence as an admission against interest or admission of liability by such party or self-insurer, or if paid by an insurer of such party, as the insurer's recognition of such liability with respect to such injured or deceased person, or with respect to any other claim arising from the same accident or event.
2. Any payments made as provided in subsection 1 of this section shall constitute a credit and be deductible from any final settlement made or judgment rendered with respect to such injured or deceased person. In the event of a trial involving such a claim, the fact that such payments have been made shall not be brought to the attention of the jury.
3. If after an advance payment or partial payment is made as provided in this section, and thereafter it is determined by final judgment of a court of competent jurisdiction that the person is not liable for an amount sufficient to satisfy the advance payment or partial payment, such person or insurer shall have no right of action for the recovery of such payment.
4. The period fixed for the limitation for the commencement of actions shall commence on the date of the last payment or partial payment made hereunder.
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(L. 1972 H.B. 166 § 1)
(1977) Held, there is no conflict between this section and MAI 7.01; evidence of advance payments or partial payments is not to be admitted in evidence before a jury and is not the subject of a MAI 7.01 modification. Taylor v. Yellow Cab Co. (Mo.), 548 S.W.2d 528.
(1977) Held, difference between value of repaired automobile and its value before being damaged is a proper measure of damages. Rook v. John F. Oliver Trucking Co. (A.), 556 S.W.2d 200.
2023 Missouri Revised Statutes › Title XXXIII - Evidence and Legal Advertisements › Chapter 490 - Evidence › Section 490.715 - Collateral source rule and payments rendered prior to trial, admissibility of evidence — effect on special damages — evidence of actual cost of medical care or treatment permitted.

Title XXXIII EVIDENCE AND LEGAL ADVERTISEMENTS
Chapter 490
• Effective - 28 Aug 2017, 2 histories
490.715. Collateral source rule and payments rendered prior to trial, admissibility of evidence — effect on special damages — evidence of actual cost of medical care or treatment permitted. —
1. No evidence of collateral sources, or payments rendered under subsection 2 of this section, shall be admissible other than such evidence provided for in this section.
2. If prior to trial a defendant or his or her insurer or authorized representative, or any combination of them, pays all or any part of a plaintiff's special damages, then any portion of a plaintiff's claims for special damages that are satisfied by a payment from a defendant or the defendant's insurer or authorized representative, or any combination of them, are not recoverable from that defendant.
3. If such payments described in subsection 2 of this section are included in a plaintiff's claim for special damages at trial, the defendant who made the payment, or on whose behalf the payment was made, shall be entitled to deduct and receive a credit for such payments from any judgment as provided for in section 490.710.
4. This section does not require the exclusion of evidence admissible for another proper purpose.
5. (1) Except as provided in subsection 2 of this section, parties may introduce evidence of the actual cost of the medical care or treatment rendered to a plaintiff or a patient whose care is at issue. Actual cost of the medical care or treatment shall be reasonable, necessary, and a proximate result of the negligence or fault of any party.
(2) For purposes of this subsection, the phrase
"actual cost of the medical care or treatment"
shall be defined as a sum of money not to exceed the dollar amounts paid by or on behalf of a plaintiff or a patient whose care is at issue plus any remaining dollar amount necessary to satisfy the financial obligation for medical care or treatment by a health care provider after adjustment for any contractual discounts, price reduction, or write-off by any person or entity.
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(L. 1987 H.B. 700 § 38, A.L. 2005 H.B. 393, A.L. 2017 S.B. 31)
CROSS REFERENCE:
Applicability of statute changes to cases filed after August 28, 2005, 538.305
2023 Missouri Revised Statutes › Title XXXIII - Evidence and Legal Advertisements › Chapter 490 - Evidence › Section 490.720 - Definitions, admissibility of TDD, TTY, or TT communications.

Title XXXIII EVIDENCE AND LEGAL ADVERTISEMENTS
Chapter 490
Effective - 28 Aug 1995
490.720. Definitions, admissibility of TDD, TTY, or TT communications. —
As used in this section and section 490.722, the following terms mean:
(1)
"Duplicate"
, a counterpart, produced by the same impression as the original, or from the same matrix, or by means of photography, including enlargements and miniatures, or by mechanical or electronic rerecording, or by chemical reproduction, or by other equivalent techniques which accurately reproduce the original;
(2)
"Original"
, a writing or recording or any counterpart of the writing or recording intended to have the same effect by a person executing or issuing it. An original of a photograph includes the negative or any print therefrom. If data are stored in a computer or similar device, any printout or other output readable by sight, shown to reflect the data accurately, is an original;
(3)
"Photographs"
, still photographs, x-ray films, video tapes, and motion pictures;
(4)
"Writings"
and
"recordings"
, letters, words, or numbers, or their equivalent, set down by handwriting, typewriting, printing, photostating, photographing, magnetic impulse, mechanical or electronic recording, or other form of data compilation; and
(5)
"TDD"
,
"TTY"
, or
"TT"
, any auxiliary aids or services consisting of assistive listening or transcription systems which allow the reception or transmission of aurally delivered communication and materials for the benefit of individuals with hearing, speech, or physical impairments.
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(L. 1995 H.B. 135 § 2)
2023 Missouri Revised Statutes › Title XXXIII - Evidence and Legal Advertisements › Chapter 490 - Evidence › Section 490.722 - Admissibility of communication through TDD, TTY, or TT.

Title XXXIII EVIDENCE AND LEGAL ADVERTISEMENTS
Chapter 490
• Effective - 28 Aug 1995
490.722. Admissibility of communication through TDD, TTY, or TT. —
The contents, writings, or tapes resulting from any communication, directly or indirectly, through TDD, TTY, or TT are inadmissible as evidence of those communications or the specific contents of the communication thereof in any court of law, legal proceeding, or administrative hearing, unless such communication could have been introduced into evidence had it occurred without the use of such auxiliary aids. This section shall not preclude the interception of wire communications pursuant to a lawful court order.
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(L. 1995 H.B. 135 § 3)
2023 Missouri Revised Statutes › Title XXXIII - Evidence and Legal Advertisements › Chapter 490 - Evidence › Section 490.733 - Hazardous materials, defined, admission of samples into evidence, when — photos, videotapes or lab reports deemed competent evidence.

Title XXXIII EVIDENCE AND LEGAL ADVERTISEMENTS
Chapter 490
Effective - 28 Aug 1998
490.733. Hazardous materials, defined, admission of samples into evidence, when — photos, videotapes or lab reports deemed competent evidence. —
1. As used in this section, the term
"hazardous materials"
means any substance which is capable of posing an unreasonable risk to health, safety and property. It shall include any controlled substance or controlled substance analogue as defined in section 195.010 or any substance which by its nature is explosive, flammable, corrosive, poisonous, radioactive, a biological hazard or a material which may cause spontaneous combustion. It shall include, but not be limited to, substances listed in the Table of Hazardous Materials contained in the Code of Federal Regulations-Title 49 and the National Fire Protection Association's Fire Protection Guide on Hazardous Materials.
2. Notwithstanding the provisions of section 575.100 and with the approval of the affected court, any law enforcement officer who seizes hazardous materials as evidence related to a criminal investigation may collect representative samples of such hazardous materials, and destroy or dispose of, or direct another person to destroy or dispose of the remaining quantity of such hazardous materials.
3. In any prosecution, representative samples of hazardous materials accompanied by photographs, videotapes, laboratory analysis reports or other means used to verify and document the identity and quantity of the material shall be deemed competent evidence of such hazardous materials and shall be admissible in any proceeding, hearing or trial as if such materials had been introduced as evidence.
4. In any prosecution for violation of chapter 195 in which the weight or quantity of a controlled substance is an element of the offense, the weight or quantity of the controlled substance necessary to prove the element of the offense shall be held as evidence; except that, any amount of controlled substance in excess of that which is necessary to prove the offense may be destroyed at the direction of the seizing law enforcement officer. Photographs, videotapes and laboratory analysis reports shall be admissible in any proceeding, hearing or trial as if such excess amount of controlled substances had been introduced as evidence.
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(L. 1998 H.B. 931 § 490.730)
2023 Missouri Revised Statutes › Title XXXIII - Evidence and Legal Advertisements › Chapter 491 - Witnesses › Section 491.010 - Witness's interest does not disqualify — exception — statements of deceased persons and incompetents and other parties to the transaction — abrogation of deadman statute.

Title XXXIII EVIDENCE AND LEGAL ADVERTISEMENTS
Chapter 491
• Effective - 28 Aug 1985
491.010. Witness's interest does not disqualify — exception — statements of deceased persons and incompetents and other parties to the transaction — abrogation of deadman statute. —
1. No person shall be disqualified as a witness in any civil suit or proceeding at law or in equity, by reason of his interest in the event of the same as a party or otherwise, but such interest may be shown for the purpose of affecting his credibility.
2. In any such suit, proceeding or probate matter, where one of the parties to the contract, transaction, occurrence or cause of action, or his agent in such matter, is dead or is shown to be incompetent, and the adverse party or his agent testifies with respect thereto, then any relevant statement or statements made by the deceased party or agent or by the incompetent prior to his incompetency, shall not be excluded as hearsay, provided that in trials before a jury, the trial judge shall first determine by voir dire examination out of the hearing of the jury that the declarant would have been a competent witness and that his alleged statement or statements would have been admissible in evidence if he were available to testify.
3. The provisions of this section shall apply to all trials commenced after September 28, 1985.
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(RSMo 1939 § 1887, A.L. 1983 S.B. 44 & 45, A.L. 1985 S.B. 35, et al.)
Prior revisions: 1929 § 1723; 1919 § 5410; 1909 § 6354
2023 Missouri Revised Statutes › Title XXXIII - Evidence and Legal Advertisements › Chapter 491 - Witnesses › Section 491.016 - Otherwise inadmissible witness statement admissible in criminal proceeding, when.

Title XXXIII EVIDENCE AND LEGAL ADVERTISEMENTS
Chapter 491
• Effective - 28 Aug 2021
491.016. Otherwise inadmissible witness statement admissible in criminal proceeding, when. —
1. A statement made by a witness that is not otherwise admissible is admissible in evidence in a criminal proceeding as substantive evidence to prove the truth of the matter asserted if, after a hearing, the court finds, by a preponderance of the evidence, that:
(1) The defendant engaged in or acquiesced to wrongdoing with the purpose of causing the unavailability of the witness;
(2) The wrongdoing in which the defendant engaged or acquiesced has caused or substantially contributed to cause the unavailability of the witness;
(3) The state exercised due diligence to secure by subpoena or other means the attendance of the witness at the proceeding, or the witness is unavailable because the defendant caused or acquiesced in the death of the witness; and
(4) The witness fails to appear at the proceeding.
2. In a jury trial, the hearing and finding to determine the admissibility of the statement shall be held and found outside the presence of the jury and before the case is submitted to the jury.
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(L. 2021 S.B. 53 & 60)
2023 Missouri Revised Statutes › Title XXXIII - Evidence and Legal Advertisements › Chapter 491 - Witnesses › Section 491.030 - Adverse party may be compelled to testify in civil cases.

Title XXXIII EVIDENCE AND LEGAL ADVERTISEMENTS
Chapter 491
• Effective - 28 Aug 1939
491.030. Adverse party may be compelled to testify in civil cases. —
Any party to any civil action or proceeding may compel any adverse party, or any person for whose immediate and adverse benefit such action or proceeding is instituted, prosecuted or defended, to testify as a witness in his behalf, in the same manner and subject to the same rules as other witnesses; provided, that the party so called to testify may be examined by the opposite party, under the rules applicable to the cross-examination of witnesses.
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(RSMo 1939 § 1889)
Prior revisions: 1929 § 1725; 1919 § 5412; 1909 § 6356
(1969) Held, the exception to the rule that a party may not impeach his own witness exists where the witness is confronted with his own prior inconsistent statement. Wells v. Gofort (Mo. Banc), 443 S.W.2d 155.
(1976) Held, where plaintiff called defendant as his witness he is not bound by his testimony unless it is the only testimony in the case on that point. Lamb v. Heiligers (A.), 532 S.W.2d 820.
2023 Missouri Revised Statutes › Title XXXIII - Evidence and Legal Advertisements › Chapter 491 - Witnesses › Section 491.040 - Sections 491.010 and 491.030 construed.

Title XXXIII EVIDENCE AND LEGAL ADVERTISEMENTS
Chapter 491
• Effective - 28 Aug 1939
491.040. Sections 491.010 and 491.030 construed. —
Nothing in sections 491.010 and 491.030 shall in any manner affect the law relating to the attestation of the execution of last wills and testaments, or of any other instrument required by law to be attested, nor shall they be so construed as to compel any person to subject himself, by his testimony, to any prosecution for a criminal offense.
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(RSMo 1939 § 1890)
Prior revisions: 1929 § 1726; 1919 § 5413; 1909 § 6357
2023 Missouri Revised Statutes › Title XXXIII - Evidence and Legal Advertisements › Chapter 491 - Witnesses › Section 491.070 - Cross-examination of witnesses — scope.

Title XXXIII EVIDENCE AND LEGAL ADVERTISEMENTS
Chapter 491
• Effective - 28 Aug 1939
491.070. Cross-examination of witnesses — scope. —
A party to a cause, civil or criminal, against whom a witness has been called and given some evidence, shall be entitled to cross-examine said witness (except where a defendant in a criminal case is testifying in his own behalf) on the entire case, but this shall not be construed to entitle a defendant who has pleaded a counterclaim or setoff in a civil case to cross-examine a plaintiff's witness in respect thereto, but as to said counterclaim or setoff such witness (if examined by defendant in relation thereto) shall be deemed defendant's witness and be so examined in the course of the trial.
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(RSMo 1939 § 1891)
Prior revisions: 1929 § 1727; 1919 § 5414; 1909 § 6358
2023 Missouri Revised Statutes › Title XXXIII - Evidence and Legal Advertisements › Chapter 491 - Witnesses › Section 491.074 - Prior inconsistent statement may be admissible in criminal cases as substantive evidence.

Title XXXIII EVIDENCE AND LEGAL ADVERTISEMENTS
Chapter 491
• Effective - 28 Aug 2000
491.074. Prior inconsistent statement may be admissible in criminal cases as substantive evidence. —
Notwithstanding any other provisions of law to the contrary, a prior inconsistent statement of any witness testifying in the trial of a criminal offense shall be received as substantive evidence, and the party offering the prior inconsistent statement may argue the truth of such statement.
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(L. 1985 H.B. 366, et al., A.L. 2000 S.B. 757 & 602)
(1987) The term "prior inconsistent statements" as used in this section has the same meaning as judicial definitions of such term before effective date of this section. State v. Dunn, 731 S.W.2d 297 (Mo.App.W.D.).
2023 Missouri Revised Statutes › Title XXXIII - Evidence and Legal Advertisements › Chapter 491 - Witnesses › Section 491.078 - Juvenile court adjudication, use to affect credibility — sexual offense adjudication, affect on credibility — multiple adjudications, admissible, when.

Title XXXIII EVIDENCE AND LEGAL ADVERTISEMENTS
Chapter 491
• Effective - 28 Aug 1995
491.078. Juvenile court adjudication, use to affect credibility — sexual offense adjudication, affect on credibility — multiple adjudications, admissible, when. —
1. Notwithstanding any other provision of law to the contrary, a juvenile court adjudication for any of the following acts may be used to affect the credibility of a witness or a defendant in a criminal case, if such acts occurred within three years of the date of any sworn testimony by the witness or defendant:
(1) An act that would have been a class A or class B felony if committed by an adult;
(2) An act that would have been a class C or class D felony if committed by an adult, if the juvenile court record contains at least one other adjudication for any act that would have been a felony if committed by an adult.
2. In any case in which a defendant is charged with a sexual offense under the provisions of chapter 566, a juvenile court adjudication of the defendant may be used to question the credibility of the defendant if such adjudication is for an act which would have been a violation of chapter 566 if the act had been committed by an adult and if such juvenile court adjudication occurred within three years of the commission of the pending offense. If the defendant's juvenile court records contain more than one adjudication for acts which would have been violations of chapter 566 if committed by an adult, such multiple adjudications shall be admissible for impeachment regardless of when they occurred.
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(L. 1995 H.B. 174, et al. § 1)
2023 Missouri Revised Statutes › Title XXXIII - Evidence and Legal Advertisements › Chapter 491 - Witnesses › Section 491.080 - Testimony of witness not to be used to convict him of fraud.

Title XXXIII EVIDENCE AND LEGAL ADVERTISEMENTS
Chapter 491
• Effective - 28 Aug 1939
491.080. Testimony of witness not to be used to convict him of fraud. —
Whenever any person shall testify, either as a party or as a witness, in any suit or proceedings now or hereafter pending, the testimony of such person shall not be used as evidence to prove any fact in any suit or prosecution against such person for any penalty for violation of any law in relation to fraudulent conveyance of property.
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(RSMo 1939 § 1893)
Prior revisions: 1929 § 1729; 1919 § 5416; 1909 § 6360
2023 Missouri Revised Statutes › Title XXXIII - Evidence and Legal Advertisements › Chapter 491 - Witnesses › Section 491.090 - Summons of witnesses — procedure — consequences of failure to appear.

Title XXXIII EVIDENCE AND LEGAL ADVERTISEMENTS
Chapter 491
• Effective - 28 Aug 1985
491.090. Summons of witnesses — procedure — consequences of failure to appear. —
1. In all cases where witnesses are required to attend the trial in any cause in any court of record, a summons shall be issued by the clerk of the court wherein the matter is pending, or by some notary public of the county wherein such trial shall be had, stating the day and place when and where the witnesses are to appear.
2. The witness shall be required to attend a trial from time to time, and from term to term, until the case be disposed of or the witness is finally discharged by the court. The witness shall be liable to attachment for any default or failure to appear as a witness at the trial and adjudged to pay the costs. Costs shall not be allowed for any subsequent recognizance or subpoena for the witness.
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(RSMo 1939 § 1897, A.L. 1945 p. 917, A.L. 1985 S.B. 5, et al.)
Prior revisions: 1929 § 1733; 1919 § 5420; 1909 § 6364
2023 Missouri Revised Statutes › Title XXXIII - Evidence and Legal Advertisements › Chapter 491 - Witnesses › Section 491.100 - Summons, form — how issued — subpoena for property, court's authority to quash, when exercised.

Title XXXIII EVIDENCE AND LEGAL ADVERTISEMENTS
Chapter 491
• Effective - 28 Aug 1985
491.100. Summons, form — how issued — subpoena for property, court's authority to quash, when exercised. —
1. Such summons shall be in the form of a subpoena, shall state the name of the court and the title of the action, the names, addresses and telephone numbers of the attorneys for the respective parties and identifying the attorney or party requesting the attendance of the witness and shall command each person to whom it is directed to attend and give testimony at a time and place therein specified or shall otherwise advise the witness of the name and telephone number of a person who can direct the witness of the time and place his appearance is required. The clerk of the court wherein the matter is pending, or the notary public of the county wherein such trial shall be had, shall issue a subpoena, or a subpoena for the production of objects and documentary evidence, signed and sealed but otherwise in blank, to a party requesting it, who shall fill it in before service.
2. The court may, on application of the party causing the subpoena to be issued, order that the witness shall appear, from time to time until the case is disposed of or he is otherwise excused by the court.
3. Where a subpoena commands the person to whom it is directed to produce the objects, books, papers, or documents designated therein, the court upon motion may, promptly, and in any event at or before the time specified in the subpoena for compliance therewith, quash the subpoena if it is unreasonable and oppressive or condition denial of the motion upon the advancement by the person in whose behalf the subpoena is issued of the reasonable cost of producing the objects, books, papers, or documents.
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(RSMo 1939 § 1898, A.L. 1947 V. II p. 237, A.L. 1985 S.B. 5, et al.)
Prior revisions: 1929 § 1734; 1919 § 5421; 1909 § 6365
(1975) Report of assistant manager made within a few minutes after accident was not subject to discovery procedures since it was made for use of defendant's attorney and was part of the privileged communication between client and counsel. Lindberg v. Safeway Stores Inc. (A.), 525 S.W.2d 571.
2023 Missouri Revised Statutes › Title XXXIII - Evidence and Legal Advertisements › Chapter 491 - Witnesses › Section 491.110 - Subpoenas, by whom served.

Title XXXIII EVIDENCE AND LEGAL ADVERTISEMENTS
Chapter 491
• Effective - 28 Aug 1939
491.110. Subpoenas, by whom served. —
Subpoenas shall be directed to the person to be summoned to testify, and may be served by the sheriff, coroner, marshal or any constable in the county in which the witnesses to be summoned reside or may be found, or by any disinterested person who would be a competent witness in the cause, and the sheriff, coroner, marshal or constable of any county may serve any subpoena issued out of any court of record of their county, in term time, in any county adjoining that in which the court is being held.
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(RSMo 1939 § 1907)
Prior revisions: 1929 § 1743; 1919 § 5430; 1909 § 6374
2023 Missouri Revised Statutes › Title XXXIII - Evidence and Legal Advertisements › Chapter 491 - Witnesses › Section 491.120 - Subpoenas, how served and returned.

Title XXXIII EVIDENCE AND LEGAL ADVERTISEMENTS
Chapter 491
• Effective - 28 Aug 1939
491.120. Subpoenas, how served and returned. —
1. The service of a subpoena to testify shall be by reading the same or delivering a copy thereof to the person to be summoned; provided, that in all cases where the witness shall refuse to hear such subpoena read or to receive a copy thereof, the offer of the officer or other person to read the same or to deliver a copy thereof, and such refusal, shall be a sufficient service of such subpoena.
2. The return shall show the manner of service; and in civil cases, if the witness reside at a greater distance than forty miles from the place of trial, it shall be so stated in the return, and also whether his legal fees have been tendered or paid, and if served by an officer his return shall be conclusive of the facts therein stated; if served by a private person, the return shall be verified by affidavit, which shall be received as evidence, and such affidavit may be made before the sheriff of the county where such service is made.
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(RSMo 1939 § 1908)
Prior revisions: 1929 § 1744; 1919 § 5431; 1909 § 6375
2023 Missouri Revised Statutes › Title XXXIII - Evidence and Legal Advertisements › Chapter 491 - Witnesses › Section 491.130 - Fees to be tendered, when.

Title XXXIII EVIDENCE AND LEGAL ADVERTISEMENTS
Chapter 491
• Effective - 28 Aug 1939
491.130. Fees to be tendered, when. —
A witness shall not be compelled to attend, as such, in a civil suit, at a greater distance than forty miles from his place of residence, unless his legal fees for traveling, in going to and returning from the place of trial, and one day's attendance, are paid or tendered to him at the time of summoning such witness.
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(RSMo 1939 § 1899)
Prior revisions: 1929 § 1735; 1919 § 5422; 1909 § 6366
2023 Missouri Revised Statutes › Title XXXIII - Evidence and Legal Advertisements › Chapter 491 - Witnesses › Section 491.140 - Witness liable to action, when.

Title XXXIII EVIDENCE AND LEGAL ADVERTISEMENTS
Chapter 491
• Effective - 28 Aug 1939
491.140. Witness liable to action, when. —
When a party causing a witness to be summoned, shall have paid or tendered to such witness his legal fees for traveling, and one day's attendance, at the time of summoning such witness, if he fail to attend he shall be liable to the action of the party for all damages sustained by the nonattendance, unless he show sufficient cause to justify such absence.
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(RSMo 1939 § 1904)
Prior revisions: 1929 § 1740; 1919 § 5427; 1909 § 6371
2023 Missouri Revised Statutes › Title XXXIII - Evidence and Legal Advertisements › Chapter 491 - Witnesses › Section 491.150 - Attendance, how enforced.

Title XXXIII EVIDENCE AND LEGAL ADVERTISEMENTS
Chapter 491
• Effective - 28 Aug 1939
491.150. Attendance, how enforced. —
A person summoned as a witness in any cause pending in any court of record, and failing to attend, may be compelled, by writ of attachment against his body, to appear, which may be served in any county in the state, and the sheriff may serve such writ of attachment, when issued by any court of record of his county in term time, in any county adjoining that in which the court is being held.
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(RSMo 1939 § 1900)
Prior revisions: 1929 § 1736; 1919 § 5423; 1909 § 6367
2023 Missouri Revised Statutes › Title XXXIII - Evidence and Legal Advertisements › Chapter 491 - Witnesses › Section 491.160 - Attachment may issue, when.

Title XXXIII EVIDENCE AND LEGAL ADVERTISEMENTS
Chapter 491
• Effective - 28 Aug 1939
491.160. Attachment may issue, when. —
When a cause shall be continued on account of the absence of a witness, duly summoned, and the party for whom such witness shall have been summoned shall make affidavit that such absent witness is material, and that he cannot safely go to trial without his testimony, the court may award a writ of attachment, directed to the sheriff or other proper officer of the proper county, commanding him to take the body of such witness, that he appear and testify in the cause at the next term thereafter; and the clerk shall issue such writ accordingly, stating therein the day on which the cause is set for trial, as the day of his appearance.
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(RSMo 1939 § 1901)
Prior revisions: 1929 § 1737; 1919 § 5424; 1909 § 6368
2023 Missouri Revised Statutes › Title XXXIII - Evidence and Legal Advertisements › Chapter 491 - Witnesses › Section 491.170 - Witness attached, may be discharged on bail.

Title XXXIII EVIDENCE AND LEGAL ADVERTISEMENTS
Chapter 491
• Effective - 28 Aug 1939
491.170. Witness attached, may be discharged on bail. —
When a writ of attachment, authorized by section 491.160, shall be executed, the sheriff or other officer shall discharge such witness, on his entering into a recognizance to the state of Missouri, with sufficient security, in the sum of one hundred dollars, which the officer executing the writ is authorized to take, conditioned for the appearance and due attendance of such witness according to the exigency of such writ.
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(RSMo 1939 § 1902)
Prior revisions: 1929 § 1738; 1919 § 5425; 1909 § 6369
2023 Missouri Revised Statutes › Title XXXIII - Evidence and Legal Advertisements › Chapter 491 - Witnesses › Section 491.180 - Penalty where party refuses to attend and testify.

Title XXXIII EVIDENCE AND LEGAL ADVERTISEMENTS
Chapter 491
• Effective - 28 Aug 1939
491.180. Penalty where party refuses to attend and testify. —
If a party, on being duly summoned, refuse to attend and testify, either in court or before any person authorized to take his deposition, besides being punished himself as for a contempt, his petition, answer or reply may be rejected, or a motion, if made by himself, overruled, or, if made by the adverse party, sustained.
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(RSMo 1939 § 1894)
Prior revisions: 1929 § 1730; 1919 § 5417; 1909 § 6361
2023 Missouri Revised Statutes › Title XXXIII - Evidence and Legal Advertisements › Chapter 491 - Witnesses › Section 491.190 - Fine for nonattendance.

Title XXXIII EVIDENCE AND LEGAL ADVERTISEMENTS
Chapter 491
• Effective - 28 Aug 1939
491.190. Fine for nonattendance. —
The court shall have power to impose a fine, not exceeding fifty dollars, on every person duly summoned as a witness, who shall not appear and testify; which fine may be remitted, for good cause shown, at the term to which he is summoned, or the next term thereafter.
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(RSMo 1939 § 1903)
Prior revisions: 1929 § 1739; 1919 § 5426; 1909 § 6370
2023 Missouri Revised Statutes › Title XXXIII - Evidence and Legal Advertisements › Chapter 491 - Witnesses › Section 491.200 - Penalty for refusing to testify.

Title XXXIII EVIDENCE AND LEGAL ADVERTISEMENTS
Chapter 491
• Effective - 28 Aug 1939
491.200. Penalty for refusing to testify. —
A person summoned as a witness, and attending, who shall refuse to give evidence which may lawfully be required to be given by such person, on oath or affirmation, may be committed to prison by the court, or other person authorized to take his deposition or testimony, there to remain, without bail, until he gives such evidence.
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(RSMo 1939 § 1905)
Prior revisions: 1929 § 1741; 1919 § 5428; 1909 § 6372
2023 Missouri Revised Statutes › Title XXXIII - Evidence and Legal Advertisements › Chapter 491 - Witnesses › Section 491.210 - Witness not excused from testifying, when.

Title XXXIII EVIDENCE AND LEGAL ADVERTISEMENTS
Chapter 491
• Effective - 28 Aug 1939
491.210. Witness not excused from testifying, when. —
No competent witness in a case shall be excused from answering a question relevant to the matter in issue, on the ground that the answer to such question may tend to establish the fact that such witness owes a debt or is otherwise subject to a civil suit.
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(RSMo 1939 § 1896)
Prior revisions: 1929 § 1732; 1919 § 5419; 1909 § 6363
2023 Missouri Revised Statutes › Title XXXIII - Evidence and Legal Advertisements › Chapter 491 - Witnesses › Section 491.220 - Witness, when free from arrest.

Title XXXIII EVIDENCE AND LEGAL ADVERTISEMENTS
Chapter 491
• Effective - 28 Aug 1939
491.220. Witness, when free from arrest. —
Witnesses shall be privileged from arrest in all cases, except treason, felony and breach of the peace, during their attendance on any court, or where their attendance is required by subpoena, and in going to and returning thence, allowing one day for every twenty miles from their abode.
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(RSMo 1939 § 1906)
Prior revisions: 1929 § 1742; 1919 § 5429; 1909 § 6373