Section 490.130

Title XXXIII EVIDENCE AND LEGAL ADVERTISEMENTS

Chapter 490

Effective - 28 Aug 2001   

  490.130.  Certified records of courts to be evidence. — The records of judicial proceedings of any court of the United States, or of any state, attested by the clerk thereof, with the seal of the court annexed, if there be a seal, and certified by the judge, chief justice or presiding associate circuit judge of the court to be attested in due form, shall have such faith and credit given to them in this state as they would have at the place whence the said records come.  Copies from the record of proceedings of any court of this state, attested by the clerk thereof, with the seal of the court annexed, if there be a seal, or if there be no seal, with the private seal of the clerk, shall be received as evidence of the acts or proceedings of such court in any court of this state.  Records of proceedings of any court of this state contained within any statewide court automated record-keeping system established by the supreme court shall be received as evidence of the acts or proceedings in any court of this state without further certification of the clerk, provided that the location from which such records are obtained is disclosed to the opposing party.

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(RSMo 1939 § 1864, A.L. 1996 S.B. 869, A.L. 2001 S.B. 267)

Prior revisions: 1929 § 1700; 1919 § 5387; 1909 § 6331

(1953) Certified copy of order of county court adjudging person to be insane and proper person to be sent to state hospital which was made while county court had jurisdiction thereof, held admissible in evidence in robbery prosecution of such person as tending to show his mental condition. State v. St.  Clair (Mo.), 262 S.W.2d 25.

(1954) Where administrator of estate in Colorado removed to this state without accounting for or settling the estate, a judgment of the Colorado Court against the administrator for the amount found due from him plus interest, after service on such administrator by registered mail and service in Missouri by sheriff, held valid and allowable against the estate of such administrator after his death, in a probate court in this state.  Shearer v. Parker, 364 Mo. 723, 267 S.W.2d 18.

(1963) Photostatic copy of document purporting to be record of conviction and sentence of defendant in Kentucky having name of judge typed thereon and certificate of clerk of court with writing indicating that the certificate was prepared by a third person was inadmissible under this section as evidence of prior conviction under habitual criminal statute. State v. Young (Mo.), 366 S.W.2d 386.

(1967) Failure of judge of federal district court to certify that copy of judgment and commitment attested by clerk in due form was not ground for refusing to admit record when court's ruling included finding that attestation was in due form. State v. Wolfskill (Mo.), 421 S.W.2d 193.