Missouri Laws 492.400 – When depositions may be read
1. Examinations or depositions taken and returned in conformity to the provisions of sections 492.080 to 492.400 may be read and used as evidence in the cause in which they were taken, as if the witnesses were present and examined in open court on the trial thereof.
2. The facts which would authorize the reading of the deposition may be established by the testimony of the deposing witness or the certificate of the officer taking the deposition or the testimony of the person or officer who attempted to serve the witness with a subpoena
Terms Used In Missouri Laws 492.400
- Deposition: An oral statement made before an officer authorized by law to administer oaths. Such statements are often taken to examine potential witnesses, to obtain discovery, or to be used later in trial.
- Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
- person: may extend and be applied to bodies politic and corporate, and to partnerships and other unincorporated associations. See Missouri Laws 1.020
- State: when applied to any of the United States, includes the District of Columbia and the territories, and the words "United States" includes such district and territories. See Missouri Laws 1.020
- Subpoena: A command to a witness to appear and give testimony.
- Testimony: Evidence presented orally by witnesses during trials or before grand juries.
- Trial: A hearing that takes place when the defendant pleads "not guilty" and witnesses are required to come to court to give evidence.
(1) If the witness resides or is gone out of the state;
(2) If he is dead;
(3) If by reason of age, sickness or bodily infirmity he is unable to or cannot safely attend court;
(4) If he resides in a county other than that in which the trial is held, or if he has gone a greater distance than forty miles from the place of trial without the consent, connivance or collusion of the party requiring his testimony;
(5) If he is a judge of a court of record, a practicing attorney or physician and engaged in the discharge of his official or professional duty at the time of the trial;
(6) If the witness is absent without the consent, connivance or collusion of the party requiring his testimony and the party, in the exercise of due diligence, has been unable to procure the attendance of the deponent by subpoena.