491.030. Adverse party may be compelled to testify in civil cases. - Missouri Statutes

Adverse party may be compelled to testify in civil cases.

491.030. Any party to any civil action or proceeding maycompel any adverse party, or any person for whose immediate andadverse benefit such action or proceeding is instituted,prosecuted or defended, to testify as a witness in his behalf, inthe same manner and subject to the same rules as other witnesses;provided, that the party so called to testify may be examined bythe opposite party, under the rules applicable to thecross-examination of witnesses.

(RSMo 1939 § 1889)

Prior revisions: 1929 § 1725; 1919 § 5412; 1909 § 6356

(1969) Held, the exception to the rule that a party may not impeach his own witness exists where the witness is confronted with his own prior inconsistent statement. Wells v. Gofort (Mo.banc), 443 S.W.2d 155.

(1976) Held, where plaintiff called defendant as his witness he is not bound by his testimony unless it is the only testimony in the case on that point. Lamb v. Heiligers (A.), 532 S.W.2d 820.