Section 492.090

Title XXXIII EVIDENCE AND LEGAL ADVERTISEMENTS

Chapter 492

Effective - 28 Aug 1939   

  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 chief officer of a city or town having a seal of office;

  (2)  If taken without this state, by some officer out of this state appointed by authority of the laws of this state to take depositions, or by some consul or commercial or diplomatic representative of the United States, having a seal, or mayor or chief officer of any city, town or borough, having a seal of office, or by some judge, justice of the peace, or other judicial officer, or by some notary public, within the government where the witness may be found.

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(RSMo 1939 § 1920)

Prior revisions: 1929 § 1756; 1919 § 5443; 1909 § 6387

(1988) Nonparty deposition of out-of-state witness taken by telephone is permissible and proper evidence for jury to consider. Patton v. May Dept. Stores Co., 762 S.W.2d 38 (Mo.banc).