Section 492.400

Title XXXIII EVIDENCE AND LEGAL ADVERTISEMENTS

Chapter 492

Effective - 28 Aug 1959   

  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 court on the trial thereof.

  2.  The facts which would authorize the reading of the deposition may be established by the testimony of the deposing witness or the certificate of the officer taking the deposition or the testimony of the person or officer who attempted to serve the witness with a subpoena

  (1)  If the witness resides or is gone out of the state;

  (2)  If he is dead;

  (3)  If by reason of age, sickness or bodily infirmity he is unable to or cannot safely attend court;

  (4)  If he resides in a county other than that in which the trial is held, or if he has gone a greater distance than forty miles from the place of trial without the consent, connivance or collusion of the party requiring his testimony;

  (5)  If he is a judge of a court of record, a practicing attorney or physician and engaged in the discharge of his official or professional duty at the time of the trial;

  (6)  If the witness is absent without the consent, connivance or collusion of the party requiring his testimony and the party, in the exercise of due diligence, has been unable to procure the attendance of the deponent by subpoena.

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(RSMo 1939 § 1944, A.L. 1959 S.B. 116)

Prior revisions: 1929 § 1780; 1919 § 5467; 1909 § 6411

(1972) Trial court's permission to use deposition was not abuse of discretion where deposition showed that the witness had moved frequently during preceding three years and was offered on the grounds that at time of trial witness had gone to Kansas for four weeks prior to trial and had been reached by telephone at a "Kansas number". Adkison v. Hannah (Mo.), 475 S.W.2d 39.