472.290. Rules of evidence to apply--exceptions--specific rules. - Missouri Statutes

Rules of evidence to apply--exceptions--specific rules.

472.290. In proceedings under this code the rules ofevidence in circuit courts, including any relating tosimultaneous deaths, are applicable unless specifically displacedby the code. In addition, the following rules relating todetermination of death and status are applicable:

(1) A certified or authenticated copy of a death certificateissued by an official or agency of the place where the deathoccurred is prima facie proof of the fact, place, date, time ofdeath, and the identity of the decedent;

(2) A certified or authenticated copy of any record orreport of a governmental agency, domestic or foreign, that aperson is missing, detained, dead, or alive is prima facieevidence, sufficient to support a judicial finding, of the statusand of the dates, circumstances, and places disclosed by therecord or report;

(3) A person who is absent for a continuous period of fiveyears, during which time he has not been heard from, and whoseabsence is not satisfactorily explained after diligent search orinquiry, is presumed to be dead. His death is presumed to haveoccurred at the end of the period unless there is sufficientevidence for determining that death occurred earlier.

(L. 1980 S.B. 637)

Effective 1-1-81