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| Home > Statutes > Usa Missouri |
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USA Statutes : missouri
Title : EVIDENCE AND LEGAL ADVERTISEMENTS
Chapter : Chapter 490 Evidence
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The printed statute books of this state, printed under its
authority, shall be evidence of the private acts therein contained. (RSMo
1939 § 1812)
Prior revisions: 1929 § 1648; 1919 § 5335; 1909 § 6280
Printed books or pamphlets purporting on their face to be the
session or other statutes of any of the United States, or the territories
thereof, or of any foreign jurisdiction, and to have been printed and
published by the authority of any such state, territory or foreign
jurisdiction or proved to be commonly recognized in its courts shall be
received in the courts of this state as prima facie evidence of such
statutes. (RSMo 1939 § 1817, A.L. 1949 p. 275)
Prior revisions: 1929 § 1653; 1919 § 5340; 1909 § 6285
Copies of any act, law, resolution or constitution, contained in
any printed statute book of a sister state or territory, shall be
received in any of the courts of this state as prima facie evidence of
the act, law, resolution or constitution contained therein; provided, the
secretary of state of such state or territory, or the secretary of state
of this state, shall certify that the same is a correct copy, under his
hand and seal of office, and shall set out in his certificate, in full,
the title page of such printed books. (RSMo 1939 § 1814)
Prior revisions: 1929 § 1650; 1919 § 5337; 1909 § 6282
The printed books containing the acts of the Congress of the
United States, purporting to be published by authority of congress, or by
authority of the United States, shall be evidence of the laws, public or
private, general, local or special, therein contained. (RSMo 1939 § 1815)
Prior revisions: 1929 § 1651; 1919 § 5338; 1909 § 6283
Copies of any act, law or resolution contained in any such book,
now or hereafter deposited in the office of the secretary of state,
certified under the hand and official seal of said secretary, shall be
received in evidence. (RSMo 1939 § 1816)
Prior revisions: 1929 § 1652; 1919 § 5339; 1909 § 6284
(1956) Where defendant in criminal case on cross-examination first denied
and then admitted conviction of crime but stated he remembered very
little about it and his attorney's questions tended to elicit answers
that he had not been convicted, the record of his conviction was
admissible. State v. Barnholtz (Mo.), 287 S.W.2d 808.
The printed books of cases adjudged in the courts of a sister
state may be admitted as evidence of the unwritten or common law of such
state. (RSMo 1939 § 1865)
Prior revisions: 1929 § 1701; 1919 § 5388; 1909 § 6332
(1966) Trial judge has duty in each case to determine whether a child
under ten is competent before permitting the child to testify. State v.
Tandy (Mo.), 401 S.W.2d 409.
1. In any civil action, if scientific, technical or other
specialized knowledge will assist the trier of fact to understand the
evidence or to determine a fact in issue, a witness qualified as an
expert by knowledge, skill, experience, training, or education may
testify thereto in the form of an opinion or otherwise.
2. Testimony by such an expert witness in the form of an opinion or
inference otherwise admissible is not objectionable because it embraces
an ultimate issue to be decided by the trier of fact.
3. The facts or data in a particular case upon which an expert bases an
opinion or inference may be those perceived by or made known to him at or
before the hearing and must be of a type reasonably relied upon by
experts in the field in forming opinions or inferences upon the subject
and must be otherwise reasonably reliable.
4. If a reasonable foundation is laid, an expert may testify in terms of
opinion or inference and give the reasons therefor without the use of
hypothetical questions, unless the court believes the use of a
hypothetical question will make the expert's opinion more understandable
or of greater assistance to the jury due to the particular facts of the
case. (L. 1989 S.B. 127, et al.)
(2003) Section sets forth standard of admissibility of expert testimony
in civil cases, including contested case administrative proceedings.
State Board of Registration for the Healing Arts v. McDonagh, 123 S.W.3d
146 (Mo.banc).
Sections 490.070 to 490.120 may be cited as "The Uniform
Judicial Notice of Foreign Law Act". (L. 1949 p. 318 § 1)
Every court of this state shall take judicial notice of the
common law and statutes of every state, territory and other jurisdiction
of the United States. (L. 1949 p. 318 § 2)
CROSS REFERENCE: Foreign law, judicial notice taken, when pleaded, RSMo
509.220
(1951) Courts take judicial notice of the statutes and judicial decisions
of sister states. Hughes Prov. Co. v. LaMear Poultry & Egg Co. (A.), 242
S.W.2d 285.
(1956) Where automobile and street car collision occurred in Kansas and
law of Kansas was pleaded, such law governed the substantive rights of
the parties. Wilson v. K. C. Pub. Serv. Co. (Mo.), 291 S.W.2d 110.
(1957) Air traffic rules of federal Civil Aeronautics Board held properly
considered in determining negligence but violation thereof is not
negligence as matter of law. Court indicated judicial notice might be
taken of such rules and that trial court had discretion to permit reading
same in evidence. Hough v. Rapidair Inc. (Mo.), 298 S.W.2d 378.
The court may inform itself of such laws in such manner as it
may deem proper, and the court may call upon counsel to aid it in
obtaining such information. (L. 1949 p. 318 § 3)
The determination of such laws shall be made by the court and
not by the jury, and shall be reviewable. (L. 1949 p. 318 § 4)
Any party may also present to the trial court any admissible
evidence of such laws, but, to enable a party to offer evidence of the
law in another jurisdiction or to ask that judicial notice be taken
thereof, reasonable notice shall be given to the adverse parties either
in the pleadings or otherwise. (L. 1949 p. 318 § 5)
(1966) Allegation in petition that cause of action arose in Illinois
constituted sufficient "reasonable notice" of intent to rely on foreign
law. Valleroy v. Southern Railway Co. (Mo.), 403 S.W.2d 553.
The law of a jurisdiction other than those referred to in
section 490.080 shall be an issue for the court, but shall not be subject
to the foregoing provisions concerning judicial notice. (L. 1949 p. 318 §
6)
The records of judicial proceedings of any court of the United
States, or of any state, attested by the clerk thereof, with the seal of
the court annexed, if there be a seal, and certified by the judge, chief
justice or presiding associate circuit judge of the court to be attested
in due form, shall have such faith and credit given to them in this state
as they would have at the place whence the said records come. Copies from
the record of proceedings of any court of this state, attested by the
clerk thereof, with the seal of the court annexed, if there be a seal, or
if there be no seal, with the private seal of the clerk, shall be
received as evidence of the acts or proceedings of such court in any
court of this state. Records of proceedings of any court of this state
contained within any statewide court automated record-keeping system
established by the supreme court shall be received as evidence of the
acts or proceedings in any court of this state without further
certification of the clerk, provided that the location from which such
records are obtained is disclosed to the opposing party. (RSMo 1939 §
1864, A.L. 1996 S.B. 869, A.L. 2001 S.B. 267)
Prior revisions: 1929 § 1700; 1919 § 5387; 1909 § 6331
(1953) Certified copy of order of county court adjudging person to be
insane and proper person to be sent to state hospital which was made
while county court had jurisdiction thereof, held admissible in evidence
in robbery prosecution of such person as tending to show his mental
condition. State v. St. Clair (Mo.), 262 S.W.2d 25.
(1954) Where administrator of estate in Colorado removed to this state
without accounting for or settling the estate, a judgment of the Colorado
Court against the administrator for the amount found due from him plus
interest, after service on such administrator by registered mail and
service in Missouri by sheriff, held valid and allowable against the
estate of such administrator after his death, in a probate court in this
state. Shearer v. Parker, 364 Mo. 723, 267 S.W.2d 18.
(1963) Photostatic copy of document purporting to be record of conviction
and sentence of defendant in Kentucky having name of judge typed thereon
and certificate of clerk of court with writing indicating that the
certificate was prepared by a third person was inadmissible under this
section as evidence of prior conviction under habitual criminal statute.
State v. Young (Mo.), 366 S.W.2d 386.
(1967) Failure of judge of federal district court to certify that copy of
judgment and commitment attested by clerk in due form was not ground for
refusing to admit record when court's ruling included finding that
attestation was in due form. State v. Wolfskill (Mo.), 421 S.W.2d 193.
Where the docket, files, books and papers of a justice of the
peace shall have been delivered to a clerk of the county commission
according to law, copies of such docket, files, books or papers,
certified by such clerk, shall be evidence. (RSMo 1939 § 1867)
Prior revisions: 1929 § 1703; 1919 § 5390; 1909 § 6334
Public documents, purporting to be edited or printed by
authority of congress, or either house thereof, shall be evidence to the
same extent that authenticated copies of the same would be. (RSMo 1939 §
1818)
Prior revisions: 1929 § 1654; 1919 § 5341; 1909 § 6286
(1960) Book prepared by federal agency relating to the prospective
development of area in which land was located held properly excluded in
condemnation action to determine the value of property. State ex rel.
State Highway Commission v. Dockery (Mo.), 340 S.W.2d 689.
The printed journal of the senate and house of representatives
of this state, and all public documents or reports therein contained, and
all reports or documents printed by the order of this state, or by either
house of the general assembly, or purporting to be printed by authority
thereof, shall be prima facie evidence to the same extent that duly
authenticated copies of the originals would be. (RSMo 1939 § 1819)
Prior revisions: 1929 § 1655; 1919 § 5342; 1909 § 6287
There shall be inserted on the title page of all books and
documents printed by state officials, a statement showing by what
authority the same are printed. (RSMo 1939 § 1820, A. 1949 S.B. 1148)
Prior revisions: 1929 § 1656; 1919 § 5343; 1909 § 6288
Copies of all papers on file in the office of the secretary of
state, state treasurer, state auditor and register of lands, or of any
matter recorded in either of said offices, certified under the seal of
the respective offices, shall be evidence in all courts of this state.
(RSMo 1939 § 1821)
Prior revisions: 1929 § 1657; 1919 § 5344; 1909 § 6289
(1959) Sections 490.180 and 490.190 do not deal with records of the
department of revenue, and in any event, the original records of such
agency are admissible although not certified. State v. Ferrara (Mo.), 320
S.W.2d 540.
Copies of all papers and documents lawfully deposited in the
office either of the treasurer or auditor of the state, when certified by
such officer and authenticated by the seal of office, shall be received
in evidence in the same manner and with the like effect as the originals.
(RSMo 1939 § 1824)
Prior revisions: 1929 § 1660; 1919 § 5347; 1909 § 6292
Copies of any entry or entries, or memoranda, made on the books
of the office of any register or receiver of any United States land
office, certified by the said register or receiver to be correct, shall
be received in evidence in the trial of any cause in any of the courts of
this state. (RSMo 1939 § 1822)
Prior revisions: 1929 § 1658; 1919 § 5345; 1909 § 6290
Copies of any letter or letters received by the register or
receiver of any land office, as aforesaid, from any superior officer in
the land department of the United States, concerning the official action
of the said register or receiver, certified by the said register or
receiver to be correct, shall be legal evidence in the trial of any cause
in any court in this state. (RSMo 1939 § 1823)
Prior revisions: 1929 § 1659; 1919 § 5346; 1909 § 6291
All records and exemplifications of office books, kept in any
public office of the United States, or of a sister state, not
appertaining to a court, shall be evidence in this state, if attested by
the keeper of said record or books, and the seal of his office, if there
be a seal. (RSMo 1939 § 1825)
Prior revisions: 1929 § 1661; 1919 § 5348; 1909 § 6293
(1956) Death certificate of sister state has same value as if issued in
this state if required by law to be made in manner similar to that
required by the laws of this state, and it is therefore prima facie
evidence of facts stated in it. Lynde v. Western & Southern Life Ins. Co.
(A.), 293 S.W.2d 147.
(1956) Where records of penitentiaries were certified by proper officials
under 28 U.S.C.A. §§ 1738 and 1739, they were admissible to show
defendant's incarceration and release. State v. Ash (Mo.), 296 S.W.2d 41.
(1963) In absence of proof which established senior record clerk to be
keeper of records within meaning of this section, exhibits purporting to
show defendant's confinement in Kentucky penitentiary and attested by
senior records clerk of the penitentiary were not admissible in
prosecution wherein defendant was charged under habitual criminal
statute. State v. Young (Mo.), 366 S.W.2d 386.
(1972) Recital in certificate to a copy of document as to official
character of the officer as the legal custodian of it is prima facie
proof of that fact, and it is unnecessary to call witnesses to prove
identity of custodian or his signature and burden of rebutting the
presumption is on one contesting it. Such certification held sufficient
to comply with this section against contention that there was no proof
that the records were kept in any public office of sister state. State v.
Brown (Mo.), 476 S.W.2d 519.
Exemplifications from the books of the executive department of
the United States, or any papers filed therein, shall be evidence when
attested by the President or the chief of either of the departments, or
from any state or territory, of like books or papers, when attested by
the governor or the secretary of state thereof, under his official seal.
(RSMo 1939 § 1826)
Prior revisions: 1929 § 1662; 1919 § 5349; 1909 § 6294
Printed copies of schedules, classifications and tariffs of
rates, fares and charges, and supplements thereto, filed with the
Interstate Commerce Commission or the public service commission, which
show respectively an Interstate Commerce Commission number, which may be
stated in abbreviated form, as I. C. C. No. .........., and an effective
date, or which show respectively a public service commission number,
which may be stated in abbreviated form, as P. S. C. Mo. No. ..........
or Mo. P. S. C. No. .........., and an effective date, may be received in
evidence without certification and shall be presumed to be correct copies
of the original schedules, classifications, tariffs and supplements on
file with the Interstate Commerce Commission or on file with the public
service commission. (L. 1953 p. 511 § 1)
Printed copies of the ordinances, resolutions, rules, orders and
bylaws of any city or incorporated town in this state, purporting to be
published by authority of such city or incorporated town, and manuscript
or printed copies of such ordinances, resolutions, rules, orders and
bylaws, certified under the hand of the officer having the same in lawful
custody, with the seal of such city or town annexed, shall be received as
evidence in all courts and places in this state, without further proof;
and any printed pamphlet or volume, purporting to be published by
authority of any such town or city, and to contain the ordinances,
resolutions, rules, orders or bylaws of such town or city, shall be
evidence, in all courts and places within this state, of such ordinances,
resolutions, rules, orders or bylaws. (RSMo 1939 § 1827)
Prior revisions: 1929 § 1663; 1919 § 5350; 1909 § 6295
CROSS REFERENCE: Ordinances, resolutions of cities received in evidence,
RSMo 88.503
(1960) Refusal to allow plaintiff's counsel to introduce city ordinance
was not error where a portion was misquoted and a portion, as contained
in plaintiff's brief, was irrelevant and the record failed to show
plaintiff attempted to prove the ordinance by proper means although the
reason given for objection was unsound. Sorrel v. Hudson (Mo.), 335
S.W.2d 1.
(1962) Maps of reorganized school districts from files of state
department of education which were submitted by the respective county
boards of education were properly received in evidence in action for
declaratory judgment to fix the boundary between two reorganized school
districts. Reorganized Sch. Dist. R-I v. Reorganized Sch. Dist. R-III
(A.), 360 S.W.2d 376.
1. Copies of all records and papers on file in the office of any
company incorporated under the general or special laws of this state,
when certified by the secretary or president, and authenticated by the
seal of said company, shall be received as prima facie evidence in all
courts of this state, in the same manner and with like effect as the
originals.
2. All depository financial institutions and trust companies chartered
under the laws of this state or chartered by the federal government and
located in this state may provide such copies of all records, papers, and
other documents as duplications permitted by subsection 1 of section
362.413, RSMo, provided the financial institutions retain information in
a form permitted by subsection 1 of section 362.413, RSMo, so that the
front and back side of checks and drafts are available for duplication.
(RSMo 1939 § 1828, A.L. 1998 S.B. 792)
Prior revisions: 1929 § 1664; 1919 § 5351; 1909 § 6296
CROSS REFERENCE: Articles and certificates of incorporation as evidence,
RSMo 351.075, 352.060, 388.050, 392.020
When, by the ordinance or custom of any religious society or
congregation in this state, a register is required to be kept of
marriages, births, baptisms, deaths or interments, such register shall be
admitted as evidence. (RSMo 1939 § 1829)
Prior revisions: 1929 § 1665; 1919 § 5352; 1909 § 6297
Copies of the register referred to in section 490.260, certified
by the pastor or other head of any such society or congregation, or by
the clerk or other keeper of such register, and verified by his affidavit
in writing, shall be received in evidence. (RSMo 1939 § 1830)
Prior revisions: 1929 § 1666; 1919 § 5353; 1909 § 6298
Every instrument of writing conveying or affecting real estate,
and the certificate of the acknowledgment or proof thereof, made in
pursuance of any law in force at the time of such acknowledgment or
proof, but afterward repealed, shall be evidence to the same extent, and
with like effect, as if such law remained in full force. (RSMo 1939 §
1839)
Prior revisions: 1929 § 1675; 1919 § 5362; 1909 § 6307
Any deed or conveyance, duly acknowledged or proved and
recorded, according to any law in force at the time of taking such
acknowledgment or proof, although not declared by such law to be
evidence, shall be received in evidence, if it appear to have been duly
recorded in the proper office, within one year from its date, and more
than twenty years from the time it is offered in evidence. (RSMo 1939 §
1840)
Prior revisions: 1929 § 1676; 1919 § 5363; 1909 § 6308
Such deed or conveyance, acknowledged or proved and recorded,
according to law, though not recorded within one year from the date
thereof, or twenty years before it is offered, may be read in evidence,
upon proof of such facts and circumstances as, together with the
certificate of acknowledgment or proof, shall satisfy the court that the
person who executed the instrument is the person therein named as
grantor. (RSMo 1939 § 1841)
Prior revisions: 1929 § 1677; 1919 § 5364; 1909 § 6309
CROSS REFERENCES: Execution of deeds, proof required, RSMo 442.260,
442.300 Guardian of minor, acknowledged deed to be evidence, RSMo 475.245
Whenever it shall appear that the original deed or conveyance in
any of the cases specified in sections 490.280 to 490.300 has been lost
or destroyed, or is not in the power of the party who wishes to use it, a
certified copy of the record thereof, and of the certificate of
acknowledgment or proof, shall be received in evidence upon like proof as
is required in case of the original, and with like effect. (RSMo 1939 §
1842)
Prior revisions: 1929 § 1678; 1919 § 5365; 1909 § 6310
When any deed or conveyance affecting real estate has been
recorded more than twenty years, and has not been proved or acknowledged,
according to law, when so recorded, but has been subsequently duly
proved, and read upon the trial of any litigated cause in any of the
courts of record of this state, and a copy of such deed or conveyance has
been preserved in a bill of exceptions taken and filed in such cause, and
a transcript of the proceedings therein has been filed in the supreme
court or any district of the court of appeals, upon proof that the deed
or conveyance has been lost or destroyed, the copy thereof contained in
such transcript, duly certified under the hand and seal of the clerk of
the proper court, may be read in evidence in any suit. (RSMo 1939 § 1843,
A.L. 1973 S.B. 263, A.L. 1978 H.B. 1634)
Prior revisions: 1929 § 1679; 1919 § 5366; 1909 § 6311
Effective 1-2-79
Whenever any deed, conveyance or other evidence of title, or a
copy thereof, shall be offered in evidence, under the provisions of any
of the preceding sections, and objected to, the party objecting may
introduce evidence to show that the original is not what it purports to
be, or that it was not executed by those in whose name it purports to
have been executed, or that the copy offered is not a true copy of the
original; and the court shall determine thereon, and admit or reject the
instrument, according to the evidence. (RSMo 1939 § 1844)
Prior revisions: 1929 § 1680; 1919 § 5367; 1909 § 6312
All records heretofore or hereafter made by the recorder of any
county by copying from any instrument in writing or copy thereof
affecting real estate at law or in equity, which instrument or copy is
not entitled to be recorded because it is not certified or is defectively
certified, shall from the date this section takes effect, or one year
after the recorded instrument or copy is filed with the recorder for
record, whichever date is later, impart notice of the contents thereof in
the same manner and to the same extent as would an identical recorded
instrument or copy which is duly certified. The certification referred to
in this section includes not only certification of proof or
acknowledgment, or other certification, but also verification,
authentication, attestation, or any other condition precedent to
recording made by law. (RSMo 1939 § 1845, A.L. 1959 S.B. 113)
Prior revisions: 1929 § 1681; 1919 § 5368; 1909 § 6313
(1956) History of section discussed statute held inapplicable to
recordation after last reenactment in 1939. Hatcher v. Hall (A.), 292
S.W.2d 619.
Certified copies of such records as are contemplated in section
490.340 shall not be received in evidence until the execution of the
original instrument or instruments from which such records are made has
been duly proved according to law, except where the record has been made
thirty years or more prior to the time of offering the certified copies
in evidence. (RSMo 1939 § 1846, A.L. 1959 S.B. 113)
Prior revisions: 1929 § 1682; 1919 § 5369; 1909 § 6314
Whenever the records in the recorder's office of deeds of any
county shall contain a record of any writing, instrument or deed,
purporting to affect any real estate, or any right or interest in or to
the same, and such real estate, right or interest in or to the same shall
have been claimed or enjoyed by any person, by or through such writing,
instrument or deed, for a period of ten consecutive years, such writing,
instrument or deed, and a certified copy thereof, and of the time of its
record, shall be prima facie evidence of the execution of such writing,
instrument or deed, and of its genuineness and time of record; provided,
the said record thereof shall have been made at least ten years next
before such writing, instrument or deed, or certified copy thereof, is
offered in evidence. (RSMo 1939 § 1850)
Prior revisions: 1929 § 1686; 1919 § 5373; 1909 § 6318
In any deed conveying real estate heretofore or hereafter made,
by any person or persons claiming to be the heir or heirs of some other
person, if a recital shall have been or shall be made in said deed,
showing or tending to show such heirship, or kinship, or if there shall
have been, or shall be, an affidavit made in connection with said deed by
one or more of the makers thereof, and attached to said deed, with a
recital therein, showing, or tending to show, such heirship or kinship,
such recital in such deed or such affidavit or both or the record
thereof, may be read in evidence as the testimony of the persons making
such deed or affidavit, in the trial of any suit in any court in this
state wherein the title to the real estate described in said deed, or any
part thereof, is involved or called in question in any manner; provided,
however, that the maker of such deed and affidavit shall be dead or
absent from the state or otherwise disqualified from testifying in suit,
and, that before such recital or affidavit shall be received in evidence
it must be shown that the said deed was filed for record, in the office
of the recorder of deeds of the county where said real estate, or some
part thereof, is situated, at least five years before the filing of the
suit wherein such recital, or affidavit, is offered in evidence; and
provided further, that the same person claiming title to said real
estate, or some part thereof, or interest therein, or some person through
whom he claims under or through said deed, shall have paid taxes on the
land described in said deed, or some part thereof, or interest therein,
for three different years before the filing of such suit. (RSMo 1939 §
1851)
Prior revisions: 1929 § 1687; 1919 § 5374
All deeds, conveyances, powers of attorney, or other instruments
in writing under seal, purporting to convey any land, or any estate or
interest therein, or whereby the same may be affected in law or equity,
executed and acknowledged in conformity with the provisions of any law in
force in this state, or in the district or territory of Louisiana, or in
the territory of Missouri, at the time of its execution and
acknowledgment, and which deed has been duly recorded in the proper
office more than thirty years before March 28, 1874, shall, together with
the certificate of acknowledgment or proof, be received in evidence in
all the courts of this state without further proof of the execution
thereof. (RSMo 1939 § 1875)
Prior revisions: 1929 § 1711; 1919 § 5398; 1909 § 6342
Copies of the record of such instruments, and of the
certificates of acknowledgment or proof thereof, duly certified by the
recorder of the county in which the same may have been recorded as
aforesaid, when it shall be shown to the court, by oath or affidavit of
the party wishing to use the same, or of anyone knowing the fact, that
such instrument is lost, or not within the power of the party wishing to
use the same, shall be received in evidence with like effect and on the
same conditions as the original instrument. (RSMo 1939 § 1876)
Prior revisions: 1929 § 1712; 1919 § 5399; 1909 § 6343
All deeds heretofore executed, or that may hereafter be
executed, by any sheriff to a purchaser of land sold for delinquent and
back taxes, shall be prima facie evidence that the persons named therein
as defendants in the suit to enforce the lien of the state of Missouri
for the delinquent and back taxes, were the absolute owners of the land
conveyed, at the time of the institution of the action. (RSMo 1939 § 1879)
Prior revisions: 1929 § 1715; 1919 § 5402; 1909 § 6346
CROSS REFERENCE: Sheriff's deeds when recorded, or record thereof,
evidence, RSMo 513.290
Every instrument in writing, conveying or affecting real estate,
which shall be acknowledged or proved, and certified as herein
prescribed, may, together with the certificates of acknowledgment or
proof, and relinquishment, be read in evidence, without further proof.
(RSMo 1939 § 3435)
Prior revisions: 1929 § 3048; 1919 § 2207; 1909 § 2818
CROSS REFERENCE: Instruments affecting real estate in foreign language,
sworn translation evidence, when, RSMo 442.140
(1952) This section means that a certificate of acknowledgment is prima
facie evidence that the deed was duly executed; that is that it was
signed and delivered. Baker v. Baker, 363 Mo. 318, 251 S.W.2d 31.
(1955) Bond, given by purchaser of land to insure against forbidden use,
which was executed by corporation in manner prescribed by statute,
acknowledged and recorded, held admissible in evidence and imported a
consideration. Cook v. Tide Water Associated Oil Co. (A.), 281 S.W.2d 415.
Where any such instrument is acknowledged or proved, certified
and recorded, in the manner herein prescribed, and it shall be shown to
the court by the oath or affidavit of the party wishing to use the same,
or of anyone knowing the fact, that such instrument is lost, or not
within the power of the party wishing to use the same, the record
thereof, or the transcript of such record, certified by the recorder
under the seal of his office, may be read in evidence, without further
proof. (RSMo 1939 § 3436)
Prior revisions: 1929 § 3049; 1919 § 2208; 1909 § 2819
CROSS REFERENCE: Conveyances of bounty lands--record or certified copy to
be evidence, when, RSMo 442.250
Neither the certificate of the acknowledgment nor the proof of
any such instrument nor the record nor the transcript of the record of
such instrument, shall be conclusive, but the same may be rebutted. (RSMo
1939 § 3437)
Prior revisions: 1929 § 3050; 1919 § 2209; 1909 § 2820
If the party contesting the proof of any such instrument shall
make it appear that such proof was taken upon the oath of an incompetent
witness, neither such instrument nor the record thereof shall be received
in evidence until established by other competent proof. (RSMo 1939 § 3438)
Prior revisions: 1929 § 3051; 1919 § 2210; 1909 § 2821
All deeds, mortgages, deeds of trust and other instruments
conveying or affecting title to real estate where the Christian names of
the grantees therein, or the parties of the second part, are abbreviated
by using the initials thereof, or any abbreviation thereof, or where the
surname is misspelled, and the same premises are afterwards conveyed by
the full Christian name or names, with correct spelling of the surname,
the record of such instruments shall be received in evidence and such
parties shall be presumed until the contrary appears, to be the same. And
in like manner the same shall be true in all cases where the title to any
such property is taken in the full Christian name and correct spelling of
the surname and conveyed out by the initials or initial or abbreviations
of the Christian name or misspelling of the surname; provided, that the
surname in which such title was taken is idem sonans with the name by
which the title to the same premises were conveyed or affected. And in
like manner a variation in the spelling and using of the initials of
parties to any court proceedings affecting title to real estate, it shall
be presumed, until the contrary appears, that any variation in initials
or abbreviations thereof or the misspelling of the surname of any party
thereto, such person or persons shall be presumed until the contrary
appears, to be the same person or persons claiming title to the real
estate affected by such proceedings, as their interest may appear
therein; provided, that surnames are idem sonans. (RSMo 1939 § 3445)
Prior revisions: 1929 § 3058; 1919 § 2217
Copies of contracts entered into by individuals with the state,
or any officer thereof, or with any county, or with any person for the
benefit of any county, under or by authority of any law, or the lawful
order of any court, the originals of which are, by law or the lawful
order of any court, in the custody and keeping of any officer, duly
certified and attested by the official seal of such officer, or, if such
officer have no official seal, then verified by the affidavit of such
officer, may be sued upon, and shall be received in evidence, to all
intents and purposes, as the originals themselves. (RSMo 1939 § 1853)
Prior revisions: 1929 § 1689; 1919 § 5376; 1909 § 6320
(1972) When state enters into a validly authorized contract it lays aside
privilege of sovereign immunity. U.S. Di Carlo Construction Co., Inc. v.
State (Mo.), 485 S.W.2d 52.
Copies of all bonds required by law to be given by sheriffs,
collectors, county treasurers, collectors of the revenue, clerks of the
supreme court, districts of the court of appeals, circuit and county
commissions, recorders, and all other officers of or under the state, who
are required by law to give bond for the faithful performance of their
duties, duly certified by the seal of office of the officer in whose
custody the bond is required by law to be kept, may be sued upon, and
shall be received in evidence, to all intents and purposes, as the
originals themselves. (RSMo 1939 § 1852, A.L. 1973 S.B. 263, A.L. 1978
H.B. 1634)
Prior revisions: 1929 § 1688; 1919 § 5375; 1909 § 6319
Effective 1-2-79
Copies of all bonds required by law to be given by executors,
administrators, personal representatives, guardians, conservators and
commissioners, for the faithful discharge of their duties as such, and
the bonds of principals and sureties required to be taken in the course
of any judicial proceeding in any of the courts of this state, duly
certified by and attested with the seal of office of the officer to whom
by law the custody of the same is committed, shall be evidence, to all
intents and purposes, as the originals themselves. (RSMo 1939 § 1854,
A.L. 1983 S.B. 44 & 45)
Prior revisions: 1929 § 1690; 1919 § 5377; 1909 § 6321
Where suit shall be brought upon any copy of a bond, or contract
in writing, mentioned in sections 490.460 to 490.480 and the defendant
shall, in his answer, or on motion to the court, deny the execution of
such bond or contract, such answer or motion being verified by affidavit,
the court may, if necessary to the attainment of justice, require the
production of the original bond or other writing. (RSMo 1939 § 1855)
Prior revisions: 1929 § 1691; 1919 § 5378; 1909 § 6322
In all cases where the original of any bond, contract or other
instrument, for the recording of which provision has been made by law,
shall appear to be lost, or not within control of the party wishing to
use the same, the record thereof, or a transcript of such record,
certified by the custodian thereof, under the seal of his office, may be
read in evidence without further proof, in like manner and with like
effect as in the case of the loss of duly recorded instruments affecting
real estate. (RSMo 1939 § 1856)
Prior revisions: 1929 § 1692; 1919 § 5379; 1909 § 6323
Whenever it becomes necessary in any suit to prove an assignment
of or an endorsement on any bond, bill or note, an affidavit of a
competent witness, proving the same, shall be received as prima facie
evidence of the facts stated in such affidavit. (RSMo 1939 § 1857)
Prior revisions: 1929 § 1693; 1919 § 5380; 1909 § 6324
Whenever it becomes necessary in any suit to prove the existence
of a partnership, an affidavit of a competent witness, setting forth the
names and places of residence of all the partners, the name of the firm,
the general nature of the business and where transacted, and the time of
the commencement or existence of such partnership, shall be prima facie
evidence of the facts therein stated. (RSMo 1939 § 1858)
Prior revisions: 1929 § 1694; 1919 § 5381; 1909 § 6325
1. This section shall apply to civil actions filed in any court
of this state.
2. Unless a controverting affidavit is filed as provided by this section,
an affidavit that the amount a person charged for a service was
reasonable at the time and place that the service was provided and that
the service was necessary is sufficient evidence to support a finding of
fact by judge or jury that the amount charged was reasonable or that the
service was necessary.
3. The affidavit shall:
(1) Be taken before an officer with authority to administer oaths;
(2) Be made by the person or that person's designee who provided the
service;
(3) Include an itemized statement of the service and charge.
4. The party offering the affidavit in evidence or the party's attorney
shall file the affidavit with the clerk of the court and serve a copy of
the affidavit on each other party to the case at least thirty days before
the day on which evidence is first presented at the trial of the case.
5. A party intending to controvert a claim reflected by the affidavit
shall file a counteraffidavit with the clerk of the court and serve a
copy of the counteraffidavit on each other party or the party's attorney
of record:
(1) Not later than:
(a) Thirty days after the day he receives a copy of the affidavit; and
(b) At least fourteen days before the day on which evidence is first
presented at the trial of the case; or
(2) With leave of the court, at any time before the commencement of
evidence at trial.
6. The counteraffidavit shall give reasonable notice of the basis on
which the party filing it intends at trial to controvert the claim
reflected by the initial affidavit and must be taken before a person
authorized to administer oaths. The counteraffidavit shall be made by a
person who is qualified, by knowledge, skill, experience, training,
education or other expertise, to testify in contravention of all or part
of any of the matters contained in the initial affidavit. (L. 1993 S.B.
88, A.L. 2004 S.B. 1211)
Any such affidavits, taken out of this state and in the United
States, may be taken before a notary public, or before any associate
circuit judge, and when taken before such associate circuit judge shall
be accompanied by a certificate of the official character of such
associate circuit judge, attested by the seal of state, or proved by the
certificate and seal of the clerk of the same court of record in the
state where the affidavit was made, certifying that such associate
circuit judge had full power and authority to administer oaths at the
time such affidavit was taken, and that the signature of such magistrate
thereto is genuine. (RSMo 1939 § 1859)
Prior revisions: 1929 § 1695; 1919 § 5382; 1909 § 6326
Any such affidavits, taken out of this state and in the United
States, may be taken before any clerk of a court of record, and shall be
certified, under the official seal of such clerk, or before any judge of
any court of record, to be certified by such judge, and the official
character of such judge shall be certified under the official seal of the
clerk of such court. (RSMo 1939 § 1860)
Prior revisions: 1929 § 1696; 1919 § 5383; 1909 § 6327
Such affidavits shall not be received in evidence in the county
commission, or probate division of the circuit court or before associate
circuit judges, unless the same shall be filed in the cause five days
before the trial, nor in any other division of the circuit court, unless
the same shall be filed in the cause ten days before the trial. (RSMo
1939 § 1861, A.L. 1978 H.B. 1634)
Prior revisions: 1929 § 1697; 1919 § 5384; 1909 § 6328
Effective 1-2-79
The certificate of a notary public, protesting a bill of
exchange or negotiable promissory note, without as well as within this
state, setting forth the demand of payment, refusal, protest therefor,
and notice of dishonor to parties thereto, and the manner of each of said
acts, and verified by his affidavit, shall, in all courts in this state,
be prima facie evidence of such acts; provided, such certificate be filed
in the cause for at least fifteen days before the trial thereof. (RSMo
1939 § 1862)
Prior revisions: 1929 § 1698; 1919 § 5385; 1909 § 6329
Every letter of attorney, or other instrument of writing
containing a power to do any act or business whatever, other than the
conveyance of real estate, as agent or attorney for another, may be
acknowledged or proved and certified, in the same manner as deeds
conveying or affecting real estate are, by law, required to be
acknowledged or proved and certified, and, when so acknowledged or proved
and certified, may, with the certificate of acknowledgment or proof, be
read in evidence without further proof of the execution thereof. (RSMo
1939 § 1863)
Prior revisions: 1929 § 1699; 1919 § 5386; 1909 § 6330
The record books of marriages to be kept by the respective
recorders, in pursuance of the provisions of law, and copies thereof,
certified by the recorder under his official seal, shall be evidence in
all courts. (RSMo 1939 § 1869)
Prior revisions: 1929 § 1705; 1919 § 5392; 1909 § 6336
Marriage contracts, duly proved or acknowledged and certified
and recorded, shall be received in evidence in any court in this state,
without further proof of their execution. (RSMo 1939 § 1870)
Prior revisions: 1929 § 1706; 1919 § 5393; 1909 § 6337
When it shall appear to the court that such marriage contract,
duly acknowledged or proved and recorded, is lost or is not in the power
of the party wishing to use it, a copy thereof, duly certified under the
hand and seal of the recorder, may be received in evidence. (RSMo 1939 §
1871)
Prior revisions: 1929 § 1707; 1919 § 5394; 1909 § 6338
CROSS REFERENCES: Marriage records destroyed, evidence Certificate, RSMo
451.170 Officer solemnizing marriage, RSMo 451.180 Witnesses, RSMo 451.190
A copy of the enrollment of any steamboat in any customhouse or
in the office of any surveyor and inspector of customs, duly certified by
the proper officer, shall, as against the persons described as owners of
such steamboat in such enrollment, be prima facie evidence that they are
the owners thereof. (RSMo 1939 § 1872)
Prior revisions: 1929 § 1708; 1919 § 5395; 1909 § 6339
If any person who shall have resided in this state goes from and
does not return to this state for five successive years, he or she shall
be presumed to be dead in any case wherein his or her death shall come in
question, unless proof be made that he or she was alive within that time.
The fact that such person was exposed to a specific peril of death due to
a terrorist event may be a sufficient basis for determining at any time
after such exposure that he or she died less than five years after the
date his or her absence commenced. (RSMo 1939 § 1873, A.L. 1982 S.B. 700
Revision, A.L. 2002 S.B. 712)
Prior revisions: 1929 § 1709; 1919 § 5396; 1909 § 6340
CROSS REFERENCES:
Presumption of death on five years' absence, RSMo 473.697 to 473.720
Simultaneous death law, Chap. 471, RSMo
Whenever any written evidence in a cause shall be in language
other than English, a written translation thereof into the English
language, made by a competent translator, and verified by his affidavit,
may be read in evidence instead of the original, if such original be
competent evidence. (RSMo 1939 § 1874)
Prior revisions: 1929 § 1710; 1919 § 5397; 1909 § 6341
CROSS REFERENCE: Deeds executed in foreign country admissible in evidence
accompanied by sworn translation, RSMo 442.140
Comparison of a disputed writing with any writing proved to the
satisfaction of the judge to be genuine shall be permitted to be made by
witnesses, and such writings and the evidence of witnesses respecting the
same may be submitted to the court and jury as evidence of the
genuineness or otherwise of the writing in dispute. (RSMo 1939 § 1915)
Prior revisions: 1929 § 1751; 1919 § 5438; 1909 § 6382
The court before which any action for the recovery of any sum or
balance due on account, and where the matter at issue and on trial is a
proper and usual subject of charge on books of account, may require
either party to produce, at the trial, either his ledger or original book
of entries, or both; and no disputed account shall be allowed upon the
oath of the party, when it shall appear that he has a book of original
entries, unless such book shall be produced upon reasonable request.
(RSMo 1939 § 1888)
Prior revisions: 1929 § 1724; 1919 § 5411; 1909 § 6355
(1954) An account may be established by oral testimony and where such
testimony as to each item in the account was admitted without objection,
a submissible case was made. O'Connor v. Egan (A.), 274 S.W.2d 334.
Sections 490.660 to 490.690 may be cited as "The Uniform
Business Records as Evidence Law". (L. 1949 p. 275 § 1)
(1960) Overruling of defendant's objection to reading of original circuit
court record showing defendant's previous convictions and from original
St. Louis City Workhouse records showing his sentences served and his
discharges upheld against assignment that the evidence did not comply
with requirements of Business Records Act as it was not the purpose of
the act to exclude properly identified original instruments. State v.
Washington (Mo.), 335 S.W.2d 23.
(1960) Testimony of witness, who was an employee of the coroner, as to
autopsy upon the deceased, showing his death and the cause of the death,
held admissible in evidence in criminal case under the business records
as evidence law. State v. Lunsford (Mo.), 338 S.W.2d 868.
(1966) Opinions or reasons of planning commission recommending change in
zoning of properties were not relevant to action for condemnation of land
for highway purposes and the Uniform Business Records as Evidence Law did
not make them admissible in evidence. State v. Koberna (Mo.), 396 S.W.2d
654.
(1975) Evidence which showed that records were kept of all bookings for
various charges in the arrest register, that the records were kept in the
ordinary course of business, that there is a time limit under which one
can be confined without booking, and that witness was familiar with the
manner in which arrest records were kept was sufficient to sustain
admission of arrest register into evidence over defendant's objection
that there was no evidence as to mode of preparation or that it was made
at or near the time of recorded arrest. State v. Jones (A.), 518 S.W.2d
322.
The term "business" shall include every kind of business,
profession, occupation, calling or operation of institutions, whether
carried on for profit or not. (L. 1949 p. 275 § 2)
(1952) Hospital held "business" within this section so that its records
are made admissible. Melton v. St. L.P.S. Co., 363 Mo. 474, 251 S.W.2d
663.
A record of an act, condition or event, shall, insofar as
relevant, be competent evidence if the custodian or other qualified
witness testifies to its identity and the mode of its preparation, and if
it was made in the regular course of business, at or near the time of the
act, condition or event, and if, in the opinion of the court, the sources
of information, method and time of preparation were such as to justify
its admission. (L. 1949 p. 275 § 3)
(1965) Testimony by parts manager of garage was satisfactory foundation
for admission of repair bill under requirements of Uniform Business
Records as Evidence Act. Langdon v. Koch (A.), 393 S.W.2d 66.
(1968) Held that this section does not make admissible into evidence
matters which would be otherwise inadmissible. Stewart v. Sioux City &
New Orleans Barge Lines, Inc. (Mo.), 431 S.W.2d 205.
(1973) Court held not to have abused discretion in refusing to admit
letter in evidence, meaning of language "the sources of information,
method and time of preparation were such as to justify its admission"
discussed. Thomas v. Fred Weber Contractor, Inc. (A.), 498 S.W.2d 811.
(1973) Fact that custodian of record had no personal knowledge of truth
of record does not bar admission of record in evidence. Held that person
"making the report" not person "offering the recital" must be competent
to testify that the recital is correct. Thiens v. Harlan Fruit Co. (A.),
499 S.W.2d 223.
(1975) Although record is admissible as exception to hearsay rule,
evidence which would not be competent if offered in person is not
admissible. Tri-State Motor Transit Co. v. Navajo Freight Lines, Inc.
(A.), 528 S.W.2d 475.
(1976) A trial court has wide discretion in accepting records into
evidence once the requirements of this section are satisfied. State v.
Jones (A.), 534 S.W.2d 556.
(1976) To be admissible in a report it must be shown that the report is
based on the entrant's own observation or on information of others whose
business duty it was to transmit it to the entrant. State v. Boyington
(A.), 544 S.W.2d 300.
(1977) Pathologist reports and autopsy reports constitute admissible
business records if statutory requirements are met. State v. Jennings
(A.), 555 S.W.2d 366.
(1987) Letter from plaintiff's doctor to plaintiff's lawyer indicating
that plaintiff was injured in bus accident and briefly describing
injuries is not admissible pursuant to this section for the letter was
not a contemporaneous record of the doctor's observations, diagnosis,
treatment, and progress of plaintiff but self-serving statement. Carmack
v. BiState Development Agency, 731 S.W.2d 518 (Mo.App.E.D.).
(2000) A 911 tape of victim reporting assault qualified as business
record under hearsay rule where qualified witness testified as to tape's
identity and mode of preparation and record was made in regular course of
police department business. State v. Edwards, 31 S.W.3d 73 (Mo.App.W.D.).
Sections 490.660 to 490.690 shall be so interpreted and
construed as to effectuate its general purpose to make uniform the law of
those states which enact it. (L. 1949 p. 275 § 4)
1. Any records or copies of records reproduced in the ordinary
course of business by any photographic, photostatic, microfilm,
microcard, miniature photographic, optical disk imaging, or other process
which accurately reproduces or forms a durable medium for so reproducing
the original that would be admissible under sections 490.660 to 490.690
shall be admissible as a business record, subject to other substantive or
procedural objections, in any court in this state upon the affidavit of
the person who would otherwise provide the prerequisites of sections
490.660 to 490.690, that the records attached to the affidavit were kept
as required by section 490.680.
2. No party shall be permitted to offer such business records into
evidence pursuant to this section unless all other parties to the action
have been served with copies of such records and such affidavit at least
seven days prior to the day upon which trial of the cause commences.
3. The affidavit permitted by this section may be in form and content
substantially as follows: THE STATE
OF................................................ COUNTY
OF...................................................
AFFIDAVIT
Before me, the undersigned authority, personally appeared ..............,
who, being by me duly sworn, deposed as follows:
My name is .........., I am of sound mind, capable of making this
affidavit, and personally acquainted with the facts herein stated:
I am the custodian of the records of ......... . Attached hereto are
............. pages of records from ......... . These .......... pages of
records are kept by ................ in the regular course of business,
and it was the regular course of business of .......... for an employee
or representative of ........ with knowledge of the act, event,
condition, opinion, or diagnosis recorded to make the record or to
transmit information thereof to be included in such record; and the
record was made at or near the time of the act, event, condition, opinion
or diagnosis. The records attached hereto are the original or exact
duplicates of the original.
..........................
Affiant
In witness whereof I have hereunto subscribed my name and affixed my
official seal this ................ day of ................, 19... .
...................... ......................... (Signed)
(Seal) (L. 1988 S.B. 425 § 5, A.L. 1992 S.B. 446, A.L. 1994 H.B. 963)
CROSS REFERENCE: Banking records admissible in evidence by affidavit,
when, filing form, RSMo 362.413
(2000) Department of Revenue records properly certified pursuant to
section 302.312 could not be excluded due to lack of service as required
by section. Russell v. Director of Revenue, 35 S.W.3d 507 (Mo.App.E.D.).
The courts of this state shall take judicial notice, without
proof, of the population of all cities in this state according to the
last enumeration of the inhabitants thereof, state, federal or municipal,
made under or pursuant to any law of this state or of the United States.
(RSMo 1939 § 7600)
Prior revisions: 1929 § 7457; 1919 § 8868; 1909 § 9717
1. No advance payment or partial payment of damages, predicated
on possible tort liability, as an accommodation to an injured person, or
on his behalf to others, or to the heirs at law or dependents of a
deceased person, of medical expenses, loss of earnings and other actual
out-of-pocket expenses, because of an injury, death claim, property loss
or potential claim against any person shall be admissible into evidence
as an admission against interest or admission of liability by such party
or self-insurer, or if paid by an insurer of such party, as the insurer's
recognition of such liability with respect to such injured or deceased
person, or with respect to any other claim arising from the same accident
or event.
2. Any payments made as provided in subsection 1 of this section shall
constitute a credit and be deductible from any final settlement made or
judgment rendered with respect to such injured or deceased person. In the
event of a trial involving such a claim, the fact that such payments have
been made shall not be brought to the attention of the jury.
3. If after an advance payment or partial payment is made as provided in
this section, and thereafter it is determined by final judgment of a
court of competent jurisdiction that the person is not liable for an
amount sufficient to satisfy the advance payment or partial payment, such
person or insurer shall have no right of action for the recovery of such
payment.
4. The period fixed for the limitation for the commencement of actions
shall commence on the date of the last payment or partial payment made
hereunder. (L. 1972 H.B. 166 § 1)
(1977) Held, there is no conflict between this section and MAI 7.01;
evidence of advance payments or partial payments is not to be admitted in
evidence before a jury and is not the subject of a MAI 7.01 modification.
Taylor v. Yellow Cab Co. (Mo.), 548 S.W.2d 528.
(1977) Held, difference between value of repaired automobile and its
value before being damaged is a proper measure of damages. Rook v. John
F. Oliver Trucking Co. (A.), 556 S.W.2d 200.
1. No evidence of collateral sources shall be admissible other
than such evidence provided for in this section.
2. If prior to trial a defendant or his or her insurer or authorized
representative, or any combination of them, pays all or any part of a
plaintiff's special damages, the defendant may introduce evidence that
some other person other than the plaintiff has paid those amounts. The
evidence shall not identify any person having made such payments.
3. If a defendant introduces evidence described in subsection 2 of this
section, such introduction shall constitute a waiver of any right to a
credit against a judgment pursuant to section 490.710.
4. This section does not require the exclusion of evidence admissible for
another proper purpose.
5. (1) Parties may introduce evidence of the value of the medical
treatment rendered to a party that was reasonable, necessary, and a
proximate result of the negligence of any party.
(2) In determining the value of the medical treatment rendered, there
shall be a rebuttable presumption that the dollar amount necessary to
satisfy the financial obligation to the health care provider represents
the value of the medical treatment rendered. Upon motion of any party,
the court may determine, outside the hearing of the jury, the value of
the medical treatment rendered based upon additional evidence, including
but not limited to:
(a) The medical bills incurred by a party;
(b) The amount actually paid for medical treatment rendered to a party;
(c) The amount or estimate of the amount of medical bills not paid which
such party is obligated to pay to any entity in the event of a recovery.
Notwithstanding the foregoing, no evidence of collateral sources shall be
made known to the jury in presenting the evidence of the value of the
medical treatment rendered. (L. 1987 H.B. 700 § 38, A.L. 2005 H.B. 393)
CROSS REFERENCE: Applicability of statute changes to cases filed after
August 28, 2005, RSMo 538.305
1. As used in this section, the term "wrongful taking" or
"wrongfully taken" shall mean any crime involving stealing, forcibly
stealing or depriving the rightful owner of the use of the property of
another. This term shall include, but is not limited to, the crimes of
robbery, burglary, stealing, tampering and property damage.
2. In any prosecution for wrongful taking, photographs of the personal
property alleged to have been wrongfully taken shall be deemed competent
evidence of such personal property and shall be admissible in any
proceeding, hearing or trial of the case to the same extent as if such
property had been introduced as evidence. In addition to the personal
property, such photographs shall clearly depict the owner, agent or
representative of the mercantile establishment or the owner of the
property and a sign or placard stating the date and time at which the
photograph was taken and the name of the establishment or owner of the
property. Such photographs shall be signed by the photographer thereof
and shall be accompanied by the following written affidavit signed by the
arresting police officer or security officer:
(1) A written description of the personal property alleged to have been
wrongfully taken, including the retail price of the property and, if
available, the manufacturer's number, the style, the color and the size
of the property;
(2) The name and address of the mercantile establishment wherein the
alleged wrongful taking occurred or the name and address of the owner of
the property;
(3) The name, address and signature of the owner, agent or representative
of such mercantile establishment or owner of the property;
(4) The name and badge or other identification number of the arresting
police officer and a sample of his signature indicating the date of
signing; and
(5) The name and address of the photographer and the date and time that
the photographer signed the photograph.
3. Upon the filing of the photograph and documents required in subsection
2 of this section with the police authority or court holding the personal
property as evidence, the property shall be returned to the mercantile
establishment wherein the alleged wrongful taking occurred or to the
owner of the property.
4. The provisions of subsections 1 to 3 of this section shall apply to
any prosecution commencing after August 13, 1988. The provisions of
subsections 5 and 6 of this section shall apply to any prosecution
commencing after August 28, 1993.
5. This section shall not be construed to make inadmissible any evidence,
including photographs, which would otherwise be admissible under the laws
of this state or under common law.
6. At any preliminary hearing conducted in the courts of this state, a
notarized affidavit from the buyer or the purchasing department of any
retail business stating the value or cost of an item belonging to or
possessed by that business shall be received into evidence on the issue
of value in any case where value is an element of the crime being
charged. Nothing in this section shall be construed to allow an affidavit
received under this subsection to be substituted for actual testimony at
the time of trial. (L. 1987 H.B. 233 § 1, A.L. 1988 H.B. 934, A.L. 1993
S.B. 180)
As used in this section and section 490.722, the following terms
mean:
(1) "Duplicate", a counterpart, produced by the same impression as the
original, or from the same matrix, or by means of photography, including
enlargements and miniatures, or by mechanical or electronic rerecording,
or by chemical reproduction, or by other equivalent techniques which
accurately reproduce the original;
(2) "Original", a writing or recording or any counterpart of the writing
or recording intended to have the same effect by a person executing or
issuing it. An original of a photograph includes the negative or any
print therefrom. If data are stored in a computer or similar device, any
printout or other output readable by sight, shown to reflect the data
accurately, is an original;
(3) "Photographs", still photographs, x-ray films, video tapes, and
motion pictures;
(4) "Writings" and "recordings", letters, words, or numbers, or their
equivalent, set down by handwriting, typewriting, printing, photostating,
photographing, magnetic impulse, mechanical or electronic recording, or
other form of data compilation; and
(5) "TDD", "TTY", or "TT", any auxiliary aids or services consisting of
assistive listening or transcription systems which allow the reception or
transmission of aurally delivered communication and materials for the
benefit of individuals with hearing, speech, or physical impairments. (L.
1995 H.B. 135 § 2)
The contents, writings, or tapes resulting from any
communication, directly or indirectly, through TDD, TTY, or TT are
inadmissible as evidence of those communications or the specific contents
of the communication thereof in any court of law, legal proceeding, or
administrative hearing, unless such communication could have been
introduced into evidence had it occurred without the use of such
auxiliary aids. This section shall not preclude the interception of wire
communications pursuant to a lawful court order. (L. 1995 H.B. 135 § 3)
1. As used in this section, the term "hazardous materials" means
any substance which is capable of posing an unreasonable risk to health,
safety and property. It shall include any controlled substance or
controlled substance analogue as defined in section 195.010, RSMo, or any
substance which by its nature is explosive, flammable, corrosive,
poisonous, radioactive, a biological hazard or a material which may cause
spontaneous combustion. It shall include, but not be limited to,
substances listed in the Table of Hazardous Materials contained in the
Code of Federal Regulations-Title 49 and the National Fire Protection
Association's Fire Protection Guide on Hazardous Materials.
2. Notwithstanding the provisions of section 575.100, RSMo, and with the
approval of the affected court, any law enforcement officer who seizes
hazardous materials as evidence related to a criminal investigation may
collect representative samples of such hazardous materials, and destroy
or dispose of, or direct another person to destroy or dispose of the
remaining quantity of such hazardous materials.
3. In any prosecution, representative samples of hazardous materials
accompanied by photographs, videotapes, laboratory analysis reports or
other means used to verify and document the identity and quantity of the
material shall be deemed competent evidence of such hazardous materials
and shall be admissible in any proceeding, hearing or trial as if such
materials had been introduced as evidence.
4. In any prosecution for violation of chapter 195, RSMo, in which the
weight or quantity of a controlled substance is an element of the
offense, the weight or quantity of the controlled substance necessary to
prove the element of the offense shall be held as evidence; except that,
any amount of controlled substance in excess of that which is necessary
to prove the offense may be destroyed at the direction of the seizing law
enforcement officer. Photographs, videotapes and laboratory analysis
reports shall be admissible in any proceeding, hearing or trial as if
such excess amount of controlled substances had been introduced as
evidence. (L. 1998 H.B. 931 § 490.730)
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