Title XXXIII — EVIDENCE AND LEGAL ADVERTISEMENTS

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 a…

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…

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 …

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 a…

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 prov…

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 cir…

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 …

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,…

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 the…

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…

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. ­­-------- (RSMo 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. ­­-------- (RSMo 1939 § 1870) Prior revisions: 1929 § 1706; 1919 § 5393; …

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…

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 …

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…

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 …

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 tri…

490.660. Short title. — Sections 490.660 to 490.690 may be cited as "The Uniform Business Records as Evidence Law". ­­-------- (L. 1949 p. 275 § 1) (1960) Overruling of defendant's objection to reading of original circuit court record showing defendant's previous convictions and …

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. ­­-------- (L. 1949 p. 275 § 2) (1952) Hospital held "business" within this section so that i…

490.680. Records, competent evidence, when. — A record of an act, condition or event, shall, insofar as relevant, be competent evidence if the custodian or other qualified witness testifies to its identity and the mode of its preparation, and if it was made in the regular course …

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. ­­-------- (L. 1949 p. 275 § 4)

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 …

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 purs…

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 p…

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 se…

490.717. Photographs of personal property to be evidence in prosecution for wrongful taking — wrongful taking, defined — requirements — property returned to owner, when — notarized affidavit as evidence. — 1. As used in this section, the term "wrongful taking" or "wrongfully take…

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, in…

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…

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 healt…

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 equit…

491.015. Victim or witness in certain cases not to be interrogated as to prior sexual conduct. — 1. In prosecutions under chapter 566 or prosecutions related to sexual conduct under chapter 568, opinion and reputation evidence of a victim's or witness' prior sexual conduct, acts,…

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, …

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 wi…

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…

491.050. Convicts competent witnesses — convictions and certain pleas may be proved to affect credibility. — Any person who has been convicted of a crime is, notwithstanding, a competent witness; however, any prior criminal convictions may be proved to affect his credibility in a…

491.060. Persons incompetent to testify — exceptions, children in certain cases. — The following persons shall be incompetent to testify: (1) A person who is mentally incapacitated at the time of his or her production for examination; (2) A child under ten years of age, who appea…

491.065. Informants, disclosure requirements. — 1. As used in this section, unless the context otherwise requires, the following terms mean: (1) "Benefit", any plea bargain, bail consideration, reduction or modification of sentence, or any other leniency, immunity, financial paym…

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) …

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 subst…

491.075. Statement of child under eighteen or vulnerable person admissible, when. — 1. A statement made by a child under the age of eighteen, or a vulnerable person, relating to an offense under chapter 565, 566, 568 or 573, performed by another, not otherwise admissible by statu…

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…

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 s…

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 not…

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 attorney…

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 perso…

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 cop…

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 at…

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 acti…

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 s…

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 tr…