490.525. Affidavit stating amount charged was reasonable and necessary, effect--restrictions--service--counteraffidavit, requirements--notice.

MISSOURI STATUTES AND CODES

490.525. Affidavit stating amount charged was reasonable and necessary, effect--restrictions--service--counteraffidavit, requirements--notice.

Affidavit stating amount charged was reasonable and necessary,effect--restrictions--service--counteraffidavit, requirements--notice.

490.525. 1. This section shall apply to civil actions filed in anycourt of this state.

2. Unless a controverting affidavit is filed as provided by thissection, an affidavit that the amount a person charged for a service wasreasonable at the time and place that the service was provided and that theservice was necessary is sufficient evidence to support a finding of factby judge or jury that the amount charged was reasonable or that the servicewas 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 theservice;

(3) Include an itemized statement of the service and charge.

4. The party offering the affidavit in evidence or the party'sattorney shall file the affidavit with the clerk of the court and serve acopy of the affidavit on each other party to the case at least thirty daysbefore the day on which evidence is first presented at the trial of thecase.

5. A party intending to controvert a claim reflected by the affidavitshall file a counteraffidavit with the clerk of the court and serve a copyof the counteraffidavit on each other party or the party's attorney ofrecord:

(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 firstpresented at the trial of the case; or

(2) With leave of the court, at any time before the commencement ofevidence at trial.

6. The counteraffidavit shall give reasonable notice of the basis onwhich the party filing it intends at trial to controvert the claimreflected by the initial affidavit and must be taken before a personauthorized to administer oaths. The counteraffidavit shall be made by aperson who is qualified, by knowledge, skill, experience, training,education or other expertise, to testify in contravention of all or part ofany of the matters contained in the initial affidavit.