492.400. When depositions may be read. - Missouri Statutes

When depositions may be read.

492.400. 1. Examinations or depositions taken and returnedin conformity to the provisions of sections 492.080 to 492.400may be read and used as evidence in the cause in which they weretaken, as if the witnesses were present and examined in opencourt on the trial thereof.

2. The facts which would authorize the reading of thedeposition may be established by the testimony of the deposingwitness or the certificate of the officer taking the depositionor the testimony of the person or officer who attempted to servethe witness with a subpoena

(1) If the witness resides or is gone out of the state;

(2) If he is dead;

(3) If by reason of age, sickness or bodily infirmity he isunable to or cannot safely attend court;

(4) If he resides in a county other than that in which thetrial is held, or if he has gone a greater distance than fortymiles from the place of trial without the consent, connivance orcollusion of the party requiring his testimony;

(5) If he is a judge of a court of record, a practicingattorney or physician and engaged in the discharge of hisofficial or professional duty at the time of the trial;

(6) If the witness is absent without the consent, connivanceor collusion of the party requiring his testimony and the party,in the exercise of due diligence, has been unable to procure theattendance of the deponent by subpoena.

(RSMo 1939 § 1944, A.L. 1959 S.B. 116)

Prior revisions: 1929 § 1780; 1919 § 5467; 1909 § 6411

(1972) Trial court's permission to use deposition was not abuse of discretion where deposition showed that the witness had moved frequently during preceding three years and was offered on the grounds that at time of trial witness had gone to Kansas for four weeks prior to trial and had been reached by telephone at a "Kansas number". Adkison v. Hannah (Mo.), 475 S.W.2d 39.