Effective – 28 Aug 1939 492.080. Depositions may be obtained conditionally. — Any party to a suit pending in any court in this state may obtain the deposition of any witness, to be used in such suit, conditionally. ——– (RSMo 1939 § 1917) Prior revisions: 1929 § 1753; 1919 § 5440; 1909 § 6384 CROSS […]
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 […]
Effective – 28 Aug 1939 492.100. Commissioners of foreign courts may compel attendance of witnesses. — Commissioners appointed by any other state, or any of the territories of the United States, or the District of Columbia, for the purpose of taking depositions and affidavits, and the acknowledgments of deeds, powers of attorney and other instruments […]
Effective – 28 Aug 1939 492.110. Witness residing out of this state, commission to issue. — When the witness resides out of this state, the party desiring his testimony may sue out of the court in which the suit is pending, or out of the office of the clerk thereof, a commission to take the […]
Effective – 28 Aug 1939 492.120. Commission, how issued, to whom directed. — The commission shall be under the seal of the court, and shall be directed to any officer herein authorized to take depositions within the government where the witness may be found. ——– (RSMo 1939 § 1921) Prior revisions: 1929 § 1757; 1919 […]
Effective – 28 Aug 1939 492.130. Power and duty of the officer under the commission. — The commission shall authorize such officer to cause to come before him such person or persons as shall be named to him by the party suing for the same, and shall command such officer to examine such person touching […]
Effective – 28 Aug 1939 492.140. What officers out of this state may take depositions without commission. — Depositions may be taken by any officer appointed out of this state, by authority of the laws of this state to take depositions without any commission or order from any court or clerk. ——– (RSMo 1939 § […]
Effective – 02 Jan 1979 492.150. Special commissioner appointed when, qualifications — time and place of depositions — enforcement of subpoenas issued by other officer. — 1. When the witness is found in this state, the deposition may be taken by the proper officer without any commission or order of the court or clerk except […]
Effective – 28 Aug 1959 492.155. Powers of special commissioner — rulings on evidence, review. — 1. The special commissioner, for the purpose of taking the depositions and certifying and returning them as required by law, possesses the same power and authority and is subject to the same duties and obligations as are now or […]
Effective – 28 Aug 1939 492.160. Notice to be given if the party or his attorney resides in this state, how. — In all cases where depositions shall be taken by virtue of sections 492.080 to 492.150, the party at whose instance they are taken shall cause notice in writing of the time and place […]
Effective – 28 Aug 1939 492.170. If they do not reside in this state, how. — If neither the adverse party nor his attorney reside in this state, posting such notice in the office of the associate circuit judge or of the clerk of the court where the suit is pending shall be deemed sufficient […]
Effective – 28 Aug 1939 492.180. Notice, how served on party or attorney. — Such notice, when served on the adverse party or his attorney, shall be: (1) By delivering to him a copy thereof; (2) By leaving a copy at his usual place of abode, with some member of his family above the age […]
Effective – 28 Aug 1939 492.190. By whom served. — The service of any notice required by sections 492.080 to 492.400 may be by any sheriff, marshal, constable, or by any competent witness, who shall make affidavit to the service. ——– (RSMo 1939 § 1928) Prior revisions: 1929 § 1764; 1919 § 5451; 1909 § […]
Effective – 28 Aug 1939 492.200. When notice shall be served. — In all cases where notice is required by sections 492.080 to 492.400, the same shall be served at least three days before the day of taking the depositions, and one day additional for every fifty miles for the first three hundred miles, and […]
Effective – 28 Aug 1959 492.210. Time may be shortened by court or judge in vacation. — When it is desired to take depositions to be read in suits pending in any of the courts of this state, the court in which any suit is pending, or the judge thereof in vacation, may shorten the […]
Effective – 28 Aug 1939 492.220. Commission to examine witnesses on interrogatories when awarded. — When a party to any suit pending in any court of record in this state shall make application to such court in term time, or to the judge thereof in vacation, for a commission to take the examination of witnesses, […]
Effective – 28 Aug 1939 492.230. To whom directed. — The commission shall be to such person as the court or judge shall appoint, to be named in the commission, or to some proper officer of the government where the witnesses may be, commanding such person or officer to examine such witnesses, naming them, upon […]
Effective – 28 Aug 1939 492.240. Interrogatories to be annexed. — The interrogatories shall be annexed to the commission, and shall be drawn and signed by the parties or their counsel in the cause, under the sanction and direction of the court, or judge thereof. ——– (RSMo 1939 § 1933) Prior revisions: 1929 § 1769; […]
Effective – 28 Aug 1939 492.250. Command of the commission. — The commission shall further command the person or officer to whom the same is directed to reduce the examination of the witnesses and their answers to the interrogatories annexed to writing, and return the same, with the commission, into the court with all convenient […]
Effective – 28 Aug 1939 492.260. Officer to propound interrogatories. — Such person or other officer shall examine the witnesses named in the commission, touching the matters contained in the interrogatories annexed, and none others, at any time and place when and where such witness may be found. ——– (RSMo 1939 § 1935) Prior revisions: […]
