Title XXXIII, EVIDENCE AND LEGAL ADVERTISEMENTS

492.090. Officers authorized to take depositions. — Depositions may be taken by some one of the following officers: (1) If taken within this state, by some judge, justice, associate circuit judge, notary public or clerk of any court having a seal, in vacation of court, mayor or c…

492.100. Commissioners of foreign courts may compel attendance of witnesses. — Commissioners appointed by any other state, or any of the territories of the United States, or the District of Columbia, for the purpose of taking depositions and affidavits, and the acknowledgments of…

492.110. Witness residing out of this state, commission to issue. — When the witness resides out of this state, the party desiring his testimony may sue out of the court in which the suit is pending, or out of the office of the clerk thereof, a commission to take the deposition o…

492.120. Commission, how issued, to whom directed. — The commission shall be under the seal of the court, and shall be directed to any officer herein authorized to take depositions within the government where the witness may be found. ­­-------- (RSMo 1939 § 1921) Prior revisions…

492.130. Power and duty of the officer under the commission. — The commission shall authorize such officer to cause to come before him such person or persons as shall be named to him by the party suing for the same, and shall command such officer to examine such person touching h…

492.140. What officers out of this state may take depositions without commission. — Depositions may be taken by any officer appointed out of this state, by authority of the laws of this state to take depositions without any commission or order from any court or clerk. ­­-------- …

492.150. Special commissioner appointed when, qualifications — time and place of depositions — enforcement of subpoenas issued by other officer. — 1. When the witness is found in this state, the deposition may be taken by the proper officer without any commission or order of the …

492.155. Powers of special commissioner — rulings on evidence, review. — 1. The special commissioner, for the purpose of taking the depositions and certifying and returning them as required by law, possesses the same power and authority and is subject to the same duties and oblig…

492.160. Notice to be given if the party or his attorney resides in this state, how. — In all cases where depositions shall be taken by virtue of sections 492.080 to 492.150, the party at whose instance they are taken shall cause notice in writing of the time and place of taking …

492.170. If they do not reside in this state, how. — If neither the adverse party nor his attorney reside in this state, posting such notice in the office of the associate circuit judge or of the clerk of the court where the suit is pending shall be deemed sufficient notice. ­­--…

492.180. Notice, how served on party or attorney. — Such notice, when served on the adverse party or his attorney, shall be: (1) By delivering to him a copy thereof; (2) By leaving a copy at his usual place of abode, with some member of his family above the age of fifteen years, …

492.190. By whom served. — The service of any notice required by sections 492.080 to 492.400 may be by any sheriff, marshal, constable, or by any competent witness, who shall make affidavit to the service. ­­-------- (RSMo 1939 § 1928) Prior revisions: 1929 § 1764; 1919 § 5451; 1…

492.200. When notice shall be served. — In all cases where notice is required by sections 492.080 to 492.400, the same shall be served at least three days before the day of taking the depositions, and one day additional for every fifty miles for the first three hundred miles, and…

492.210. Time may be shortened by court or judge in vacation. — When it is desired to take depositions to be read in suits pending in any of the courts of this state, the court in which any suit is pending, or the judge thereof in vacation, may shorten the time for which notice i…

492.220. Commission to examine witnesses on interrogatories when awarded. — When a party to any suit pending in any court of record in this state shall make application to such court in term time, or to the judge thereof in vacation, for a commission to take the examination of wi…

492.230. To whom directed. — The commission shall be to such person as the court or judge shall appoint, to be named in the commission, or to some proper officer of the government where the witnesses may be, commanding such person or officer to examine such witnesses, naming them…

492.240. Interrogatories to be annexed. — The interrogatories shall be annexed to the commission, and shall be drawn and signed by the parties or their counsel in the cause, under the sanction and direction of the court, or judge thereof. ­­-------- (RSMo 1939 § 1933) Prior revis…

492.250. Command of the commission. — The commission shall further command the person or officer to whom the same is directed to reduce the examination of the witnesses and their answers to the interrogatories annexed to writing, and return the same, with the commission, into the…

492.260. Officer to propound interrogatories. — Such person or other officer shall examine the witnesses named in the commission, touching the matters contained in the interrogatories annexed, and none others, at any time and place when and where such witness may be found. ­­----…

492.270. Officer may compel attendance of witness — contempt — if witness imprisoned, on what terms discharged. — 1. Every person, judge or other officer of the state required to take the depositions or examination of witnesses, in pursuance of sections 492.080 to 492.400 or by v…

492.280. Production of documentary evidence on taking of deposition, when. — Upon order of the court in which a cause is pending, a subpoena may command the production of objects and documentary evidence on the taking of a deposition, and the court may also order a party to produ…

492.290. Witnesses to be examined on oath. — Every witness examined, in pursuance of sections 492.080 to 492.400, shall be sworn or affirmed to testify the whole truth, and his examination shall be reduced to writing, or taken in shorthand and transcribed, in writing, in the pres…

492.292. Venue for deposition of employee of a publicly funded crime laboratory. — Unless otherwise ordered by the court, any deposition taken of an employee of a publicly funded crime laboratory located within the state, where the subject matter of the deposition concerns the of…

492.300. Adverse party may take depositions by giving notice, when. — When the party causing depositions to be taken under a notice shall have completed the taking thereof, the adverse party may, before the same or any other officer authorized to take depositions, and at the same…

492.303. Essential witness, defined — deposition may be taken by prosecutor, procedure — costs — videotape authorized, used when. — 1. Upon the hearing of an application by a prosecuting attorney, served upon an accused or his counsel not less than five days before the date the d…

492.304. Visual and aural recordings of child under eighteen admissible, when. — 1. In addition to the admissibility of a statement under the provisions of section 492.303, the visual and aural recording of a verbal or nonverbal statement of a child when under the age of eighteen…

492.310. Depositions taken in foreign countries to be taken in language of the witness — must be translated. — When depositions are taken in foreign countries of a language other than the English language, they shall be taken in the language spoken by the witness, and in such lan…

492.320. Residence of witness certified by officer. — When the officer taking depositions in virtue of this law shall, in his certificate, state the place of residence of the witness, such statement shall be prima facie evidence of the facts. ­­-------- (RSMo 1939 § 1945) Prior r…

492.330. Objections to competency or relevancy, how taken. — Every objection to the competency or credibility of a witness examined, or the competency or relevancy of any question put to him, or of any answer given by him, may be made in the same manner and with the like effect a…

492.340. Deposition shall be submitted to witness for examination — signing of deposition. — When the testimony is fully transcribed the deposition shall be submitted to the witness for examination and shall be read to or by him, unless such examination and reading are waived by …

492.350. Certificate of officer taking depositions. — To every deposition or examination, taken by virtue of sections 492.080 to 492.400 shall be appended the certificate of the person or officer by or before whom the same shall be taken, showing that the deposition or examinatio…

492.360. Exhibits to be enclosed with depositions and directed to clerk. — Depositions or examinations taken by virtue of any of the provisions of sections 492.080 to 492.400 and all exhibits produced to the person or officer taking such examinations or depositions, and proved or…

492.370. What constitutes sufficient evidence of the authentication of depositions. — Depositions or examinations taken by any person or officer in this state authorized by sections 492.080 to 492.400 or by any person or officer out of this state appointed by authority of the law…

492.380. Official character of officer in the United States, how attested. — The official character of such officer taking depositions or examinations within any of the United States, or any of the territories of the United States, or in the District of Columbia, authenticated an…

492.390. Official character of officer in foreign country, how attested. — Depositions or examinations taken by any person or judicial officer without the United States, by virtue of any commission issued in pursuance of sections 492.080 to 492.400 shall be, except as herein othe…

492.400. When depositions may be read. — 1. Examinations or depositions taken and returned in conformity to the provisions of sections 492.080 to 492.400 may be read and used as evidence in the cause in which they were taken, as if the witnesses were present and examined in open …

492.410. Evidence preserved in bill of exceptions may be used, how. — Whenever any competent evidence shall have been preserved in any bill of exceptions in a cause, the same may be thereafter used in the same manner and with like effect as if such testimony had been preserved in…

492.420. Depositions may be taken to perpetuate testimony, when. — Depositions of witnesses to perpetuate testimony may be taken, whether the person desiring the taking of the same is a party, or expects to be a party, to a suit pending or about to be commenced or not, in any cou…

492.430. Petition for commission to take depositions. — A commission shall be granted to take such depositions by any judge of the supreme court, the court of appeals, or of any circuit court, except a municipal judge, on the presentation of a petition, in writing, of one or more…

492.440. By whom and how issued — to whom directed. — The commission shall be issued by the clerk of the court in which the judge granting the same presides, and, being witnessed by the clerk and the seal of the court, shall be directed to any judge, associate circuit judge, nota…

492.450. Notice of time and place of taking depositions. — The party applying for the commission shall give notice, in writing, of the time and place of taking such depositions, to every person who may be known to be interested, his or their agent or attorney, at least thirty day…

492.460. If person is minor, notice to be served upon whom. — In case the person interested be a minor, the notice shall be served on the guardian of such minor, and on such minor, if over age of fourteen years, and residing within this state. A guardian ad litem may be appointed…

492.470. Publication of notice to nonresidents. — The publication of such notice in some newspaper printed in this state, at least three weeks consecutively, the last insertion to be twenty days before the day of taking the depositions, shall be sufficient notice to all persons r…

492.480. General notice given, how and when. — Parties applying for commissions shall, in addition to the notice required by sections 492.450 to 492.470, give a general notice, in the nearest newspaper to the place where the depositions are to be taken, for four successive weeks,…

492.490. Subpoenas to witnesses. — The officer named in the commission may issue a subpoena to such witnesses, requiring them to appear and testify at a time and place therein named, and may enforce obedience thereto by attachment. ­­-------- (RSMo 1939 § 1960) Prior revisions: 1…

492.500. Duty of officer. — Such officer shall attend at the time and place appointed for taking such depositions. ­­-------- (RSMo 1939 § 1961) Prior revisions: 1929 § 1797; 1919 § 5484; 1909 § 6427