Section 491.030

Title XXXIII EVIDENCE AND LEGAL ADVERTISEMENTS

Chapter 491

Effective - 28 Aug 1939   

  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 witness in his behalf, in the same manner and subject to the same rules as other witnesses; provided, that the party so called to testify may be examined by the opposite party, under the rules applicable to the cross-examination of witnesses.

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(RSMo 1939 § 1889)

Prior revisions: 1929 § 1725; 1919 § 5412; 1909 § 6356

(1969) Held, the exception to the rule that a party may not impeach his own witness exists where the witness is confronted with his own prior inconsistent statement. Wells v. Gofort (Mo. Banc), 443 S.W.2d 155.

(1976) Held, where plaintiff called defendant as his witness he is not bound by his testimony unless it is the only testimony in the case on that point. Lamb v. Heiligers (A.), 532 S.W.2d 820.