Section 491.120 – Subpoenas, how served and returned.
Effective – 28 Aug 1939 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 […]
Section 491.130 – Fees to be tendered, when.
Effective – 28 Aug 1939 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 […]
Section 491.140 – Witness liable to action, when.
Effective – 28 Aug 1939 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 […]
Section 491.150 – Attendance, how enforced.
Effective – 28 Aug 1939 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 […]
Section 491.030 – Adverse party may be compelled to testify in civil cases.
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 […]
Section 491.040 – Sections 491.010 and 491.030 construed.
Effective – 28 Aug 1939 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 construed as […]
Section 491.050 – Convicts competent witnesses — convictions and certain pleas may be proved to affect credibility.
Effective – 28 Aug 1981 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 civil or criminal case and, further, […]
Section 491.060 – Persons incompetent to testify — exceptions, children in certain cases.
Effective – 28 Aug 1999 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 appears incapable of receiving […]
Section 491.070 – Cross-examination of witnesses — scope.
Effective – 28 Aug 1939 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) on the entire […]
Section 491.074 – Prior inconsistent statement may be admissible in criminal cases as substantive evidence.
Effective – 28 Aug 2000 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 substantive evidence, and the party offering the prior […]