473.057. Commission for testimony of nonattendant witness. - Missouri Statutes

Commission for testimony of nonattendant witness.

473.057. If a witness to any will for good cause shown isprevented from attending at the time when any will is producedfor probate, the clerk or court may issue a commission annexed tothe will or a photostatic copy thereof, and directed, if thewitness resides out of the United States to any court having aseal, of any state, kingdom, republic or empire, or mayor orother chief officer of any city or town having a seal, or to anyminister or consul of the United States to any country in whichthe witness resides; if without this state and within the UnitedStates, to any court having a seal, or to any notary public inthe state, territory or district in which the witness resides;and if within this state, to any court having a seal, or judgethereof, notary public, mayor, or other chief officer of any cityor town in the county where the witness resides, empowering himto take and certify the attestation of the witness. If anywitness is a member of the armed forces of the United States onactive duty and out of this state, the commission may be issuedto any commissioned officer, other than a warrant officer, of anyof the armed forces of the United States, on active duty, andshall authorize him to take and certify the attestation of thewitness.

(RSMo 1939 § 533, A.L. 1955 p. 385 § 44, A.L. 1973 S.B. 132, A.L. 1978 H.B. 1634)

Prior revisions: 1929 § 532; 1919 § 520; 1909 § 550

Effective 1-2-79