Effective – 28 Aug 1985 491.010. Witness’s interest does not disqualify — exception — statements of deceased persons and incompetents and other parties to the transaction — abrogation of deadman statute. — 1. No person shall be disqualified as a witness in any civil suit or proceeding at law or in equity, by reason of […]
Effective – 28 Aug 2022, 2 histories 491.015. Victim or witness in certain cases not to be interrogated as to prior sexual conduct. — 1. In prosecutions under chapter 566 or prosecutions related to sexual conduct under chapter 568, opinion and reputation evidence of a victim’s or witness’ prior sexual conduct, acts, or practices is […]
Effective – 28 Aug 2021 491.016. Otherwise inadmissible witness statement admissible in criminal proceeding, when. — 1. A statement made by a witness that is not otherwise admissible is admissible in evidence in a criminal proceeding as substantive evidence to prove the truth of the matter asserted if, after a hearing, the court finds, by […]
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 […]
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 […]
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, […]
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 […]
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 […]
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 […]
Effective – 28 Aug 2012, 2 histories 491.075. Statement of child under fourteen or vulnerable person admissible, when. — 1. A statement made by a child under the age of fourteen, or a vulnerable person, relating to an offense under chapter 565, 566, 568 or 573, performed by another, not otherwise admissible by statute or […]
Effective – 28 Aug 1995 491.078. Juvenile court adjudication, use to affect credibility — sexual offense adjudication, affect on credibility — multiple adjudications, admissible, when. — 1. Notwithstanding any other provision of law to the contrary, a juvenile court adjudication for any of the following acts may be used to affect the credibility of a […]
Effective – 28 Aug 1939 491.080. Testimony of witness not to be used to convict him of fraud. — Whenever any person shall testify, either as a party or as a witness, in any suit or proceedings now or hereafter pending, the testimony of such person shall not be used as evidence to prove any […]
Effective – 28 Aug 1985 491.090. Summons of witnesses — procedure — consequences of failure to appear. — 1. In all cases where witnesses are required to attend the trial in any cause in any court of record, a summons shall be issued by the clerk of the court wherein the matter is pending, or […]
Effective – 28 Aug 1985 491.100. Summons, form — how issued — subpoena for property, court’s authority to quash, when exercised. — 1. Such summons shall be in the form of a subpoena, shall state the name of the court and the title of the action, the names, addresses and telephone numbers of the attorneys […]
Effective – 28 Aug 1939 491.110. Subpoenas, by whom served. — Subpoenas shall be directed to the person to be summoned to testify, and may be served by the sheriff, coroner, marshal or any constable in the county in which the witnesses to be summoned reside or may be found, or by any disinterested person […]
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 […]
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 […]
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 […]
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 […]
Effective – 28 Aug 1939 491.160. Attachment may issue, when. — When a cause shall be continued on account of the absence of a witness, duly summoned, and the party for whom such witness shall have been summoned shall make affidavit that such absent witness is material, and that he cannot safely go to trial […]
