Chapter 490 Evidence

490.722 - Admissibility of communication through TDD, TTY, or TT.

Steven Groce, Attorney Advertisement

The contents, writings, or tapes resulting from any communication, directly or indirectly, through TDD, TTY, or TT are inadmissible as evidence of those communications or the specific contents of the communication thereof in any court of law, legal proceeding, or administrative hearing, unless such communication could have been introduced into evidence had it occurred without the use of such auxiliary aids.This section shall not preclude the interception of wire communications pursuant to a lawful court order.

(L. 1995 H.B. 135 § 3)

490.490 - When original shall be produced.

Where suit shall be brought upon any copy of a bond, or contract in writing, mentioned in sections 490.460 to 490.480 and the defendant shall, in his answer, or on motion to the court, deny the execution of such bond or contract, such answer or motion being verified by affidavit, the court may, if necessary to the attainment of justice, require the production of the original bond or other writing.

(RSMo 1939 § 1855)

Prior revisions: 1929 § 1691; 1919 § 5378; 1909 § 6322

490.590 - Marriage contracts.

Marriage contracts, duly proved or acknowledged and certified and recorded, shall be received in evidence in any court in this state, without further proof of their execution.

(RSMo 1939 § 1870)

Prior revisions: 1929 § 1706; 1919 § 5393; 1909 § 6337

490.690 - Interpretation and construction.

Sections 490.660 to 490.690 shall be so interpreted and construed as to effectuate its general purpose to make uniform the law of those states which enact it.

(L. 1949 p. 275 § 4)

490.290 - Deed acknowledged under former law.

Any deed or conveyance, duly acknowledged or proved and recorded, according to any law in force at the time of taking such acknowledgment or proof, although not declared by such law to be evidence, shall be received in evidence, if it appear to have been duly recorded in the proper office, within one year from its date, and more than twenty years from the time it is offered in evidence.

(RSMo 1939 § 1840)

Prior revisions: 1929 § 1676; 1919 § 5363; 1909 § 6308

490.390 - Copies evidence when original lost.

Copies of the record of such instruments, and of the certificates of acknowledgment or proof thereof, duly certified by the recorder of the county in which the same may have been recorded as aforesaid, when it shall be shown to the court, by oath or affidavit of the party wishing to use the same, or of anyone knowing the fact, that such instrument is lost, or not within the power of the party wishing to use the same, shall be received in evidence with like effect and on the same conditions as the original instrument.

(RSMo 1939 § 1876)

Prior revisions: 1929 § 1712; 1919 § 5399; 1909 § 6343

490.190 - Certified copies in offices of auditor and treasurer.

Copies of all papers and documents lawfully deposited in the office either of the treasurer or auditor of the state, when certified by such officer and authenticated by the seal of office, shall be received in evidence in the same manner and with the like effect as the originals.

(RSMo 1939 § 1824)

Prior revisions: 1929 § 1660; 1919 § 5347; 1909 § 6292

490.090 - Court may inform itself of laws.

The court may inform itself of such laws in such manner as it may deem proper, and the court may call upon counsel to aid it in obtaining such information.

(L. 1949 p. 318 § 3)

490.580 - Marriage records, evidence when.

The record books of marriages to be kept by the respective recorders, in pursuance of the provisions of law, and copies thereof, certified by the recorder under his official seal, shall be evidence in all courts.

(RSMo 1939 § 1869)

Prior revisions: 1929 § 1705; 1919 § 5392; 1909 § 6336

490.480 - Copies of bonds of administrators and others.

Copies of all bonds required by law to be given by executors, administrators, personal representatives, guardians, conservators and commissioners, for the faithful discharge of their duties as such, and the bonds of principals and sureties required to be taken in the course of any judicial proceeding in any of the courts of this state, duly certified by and attested with the seal of office of the officer to whom by law the custody of the same is committed, shall be evidence, to all intents and purposes, as the originals themselves.

(RSMo 1939 § 1854, A.L. 1983 S.B. 44 & 45)

Prior revisions: 1929 § 1690; 1919 § 5377; 1909 § 6321

490.680 - Records, competent evidence, when.

A record of an act, condition or event, shall, insofar as relevant, be competent evidence if the custodian or other qualified witness testifies to its identity and the mode of its preparation, and if it was made in the regular course of business, at or near the time of the act, condition or event, and if, in the opinion of the court, the sources of information, method and time of preparation were such as to justify its admission.

(L. 1949 p. 275 § 3)

(1965) Testimony by parts manager of garage was satisfactory foundation for admission of repair bill under requirements of Uniform Business Records as Evidence Act. Langdon v. Koch (A.), 393 S.W.2d 66.

(1968) Held that this section does not make admissible into evidence matters which would be otherwise inadmissible.Stewart v. Sioux City & New Orleans Barge Lines, Inc.(Mo.), 431 S.W.2d 205.

(1973) Court held not to have abused discretion in refusing to admit letter in evidence, meaning of language "the sources of information, method and time of preparation were such as to justify its admission" discussed. Thomas v. Fred Weber Contractor, Inc. (A.), 498 S.W.2d 811.

(1973) Fact that custodian of record had no personal knowledge of truth of record does not bar admission of record in evidence. Held that person "making the report" not person "offering the recital" must be competent to testify that the recital is correct. Thiens v. Harlan Fruit Co. (A.), 499 S.W.2d 223.

(1975) Although record is admissible as exception to hearsay rule, evidence which would not be competent if offered in person is not admissible. Tri-State Motor Transit Co. v. Navajo Freight Lines, Inc. (A.), 528 S.W.2d 475.

(1976) A trial court has wide discretion in accepting records into evidence once the requirements of this section are satisfied.State v. Jones (A.), 534 S.W.2d 556.

(1976) To be admissible in a report it must be shown that the report is based on the entrant's own observation or on information of others whose business duty it was to transmit it to the entrant. State v. Boyington (A.), 544 S.W.2d 300.

(1977)Pathologist reports and autopsy reports constitute admissible business records if statutory requirements are met.State v. Jennings (A.), 555 S.W.2d 366.

(1987) Letter from plaintiff's doctor to plaintiff's lawyer indicating that plaintiff was injured in bus accident and briefly describing injuries is not admissible pursuant to this section for the letter was not a contemporaneous record of the doctor's observations, diagnosis, treatment, and progress of plaintiff but self-serving statement. Carmack v. BiState Development Agency, 731 S.W.2d 518 (Mo.App.E.D.).

(2000) A 911 tape of victim reporting assault qualified as business record under hearsay rule where qualified witness testified as to tape's identity and mode of preparation and record was made in regular course of police department business.State v. Edwards, 31 S.W.3d 73 (Mo.App.W.D.).

490.380 - Deeds recorded thirty years before 1874.

All deeds, conveyances, powers of attorney, or other instruments in writing under seal, purporting to convey any land, or any estate or interest therein, or whereby the same may be affected in law or equity, executed and acknowledged in conformity with the provisions of any law in force in this state, or in the district or territory of Louisiana, or in the territory of Missouri, at the time of its execution and acknowledgment, and which deed has been duly recorded in the proper office more than thirty years before March 28, 1874, shall, together with the certificate of acknowledgment or proof, be received in evidence in all the courts of this state without further proof of the execution thereof.

(RSMo 1939 § 1875)

Prior revisions: 1929 § 1711; 1919 § 5398; 1909 § 6342

490.280 - Instruments under repealed law.

Every instrument of writing conveying or affecting real estate, and the certificate of the acknowledgment or proof thereof, made in pursuance of any law in force at the time of such acknowledgment or proof, but afterward repealed, shall be evidence to the same extent, and with like effect, as if such law remained in full force.

(RSMo 1939 § 1839)

Prior revisions: 1929 § 1675; 1919 § 5362; 1909 § 6307

490.080 - Judicial notice to be taken.

Every court of this state shall take judicial notice of the common law and statutes of every state, territory and other jurisdiction of the United States.

(L. 1949 p. 318 § 2)

CROSS REFERENCE:

Foreign law, judicial notice taken, when pleaded, RSMo 509.220

(1951) Courts take judicial notice of the statutes and judicial decisions of sister states. Hughes Prov. Co. v. LaMear Poultry & Egg Co. (A.), 242 S.W.2d 285.

(1956) Where automobile and street car collision occurred in Kansas and law of Kansas was pleaded, such law governed the substantive rights of the parties. Wilson v. K. C. Pub.Serv. Co. (Mo.), 291 S.W.2d 110.

(1957) Air traffic rules of federal Civil Aeronautics Board held properly considered in determining negligence but violation thereof is not negligence as matter of law. Court indicated judicial notice might be taken of such rules and that trial court had discretion to permit reading same in evidence.Hough v. Rapidair Inc. (Mo.), 298 S.W.2d 378.

490.180 - Certified copies of certain official records.

Copies of all papers on file in the office of the secretary of state, state treasurer, state auditor and register of lands, or of any matter recorded in either of said offices, certified under the seal of the respective offices, shall be evidence in all courts of this state.

(RSMo 1939 § 1821)

Prior revisions: 1929 § 1657; 1919 § 5344; 1909 § 6289

(1959) Sections 490.180 and 490.190 do not deal with records of the department of revenue, and in any event, the original records of such agency are admissible although not certified.State v. Ferrara (Mo.), 320 S.W.2d 540.

490.717 - Photographs of personal property to be evidence in prosecution for wrongful taking — wrongful taking, defined — requirements — property returned to owner, when — notarized affidavit as evidence.

1.As used in this section, the term "wrongful taking" or "wrongfully taken" shall mean any crime involving stealing, forcibly stealing or depriving the rightful owner of the use of the property of another.This term shall include, but is not limited to, the crimes of robbery, burglary, stealing, tampering and property damage.

2.In any prosecution for wrongful taking, photographs of the personal property alleged to have been wrongfully taken shall be deemed competent evidence of such personal property and shall be admissible in any proceeding, hearing or trial of the case to the same extent as if such property had been introduced as evidence.In addition to the personal property, such photographs shall clearly depict the owner, agent or representative of the mercantile establishment or the owner of the property and a sign or placard stating the date and time at which the photograph was taken and the name of the establishment or owner of the property.Such photographs shall be signed by the photographer thereof and shall be accompanied by the following written affidavit signed by the arresting police officer or security officer:

(1)A written description of the personal property alleged to have been wrongfully taken, including the retail price of the property and, if available, the manufacturer's number, the style, the color and the size of the property;

(2)The name and address of the mercantile establishment wherein the alleged wrongful taking occurred or the name and address of the owner of the property;

(3)The name, address and signature of the owner, agent or representative of such mercantile establishment or owner of the property;

(4)The name and badge or other identification number of the arresting police officer and a sample of his signature indicating the date of signing; and

(5)The name and address of the photographer and the date and time that the photographer signed the photograph.

3.Upon the filing of the photograph and documents required in subsection 2 of this section with the police authority or court holding the personal property as evidence, the property shall be returned to the mercantile establishment wherein the alleged wrongful taking occurred or to the owner of the property.

4.The provisions of subsections 1 to 3 of this section shall apply to any prosecution commencing after August 13, 1988.The provisions of subsections 5 and 6 of this section shall apply to any prosecution commencing after August 28, 1993.

5.This section shall not be construed to make inadmissible any evidence, including photographs, which would otherwise be admissible under the laws of this state or under common law.

6.At any preliminary hearing conducted in the courts of this state, a notarized affidavit from the buyer or the purchasing department of any retail business stating the value or cost of an item belonging to or possessed by that business shall be received into evidence on the issue of value in any case where value is an element of the crime being charged.Nothing in this section shall be construed to allow an affidavit received under this subsection to be substituted for actual testimony at the time of trial.

(L. 1987 H.B. 233 § 1, A.L. 1988 H.B. 934, A.L. 1993 S.B. 180)

490.733 - Hazardous materials, defined, admission of samples into evidence, when — photos, videotapes or lab reports deemed competent evidence.

1.As used in this section, the term "hazardous materials" means any substance which is capable of posing an unreasonable risk to health, safety and property.It shall include any controlled substance or controlled substance analogue as defined in section 195.010 or any substance which by its nature is explosive, flammable, corrosive, poisonous, radioactive, a biological hazard or a material which may cause spontaneous combustion.It shall include, but not be limited to, substances listed in the Table of Hazardous Materials contained in the Code of Federal Regulations-Title 49 and the National Fire Protection Association's Fire Protection Guide on Hazardous Materials.

2.Notwithstanding the provisions of section 575.100 and with the approval of the affected court, any law enforcement officer who seizes hazardous materials as evidence related to a criminal investigation may collect representative samples of such hazardous materials, and destroy or dispose of, or direct another person to destroy or dispose of the remaining quantity of such hazardous materials.

3.In any prosecution, representative samples of hazardous materials accompanied by photographs, videotapes, laboratory analysis reports or other means used to verify and document the identity and quantity of the material shall be deemed competent evidence of such hazardous materials and shall be admissible in any proceeding, hearing or trial as if such materials had been introduced as evidence.

4.In any prosecution for violation of chapter 195 in which the weight or quantity of a controlled substance is an element of the offense, the weight or quantity of the controlled substance necessary to prove the element of the offense shall be held as evidence; except that, any amount of controlled substance in excess of that which is necessary to prove the offense may be destroyed at the direction of the seizing law enforcement officer.Photographs, videotapes and laboratory analysis reports shall be admissible in any proceeding, hearing or trial as if such excess amount of controlled substances had been introduced as evidence.

(L. 1998 H.B. 931 § 490.730)

490.235 - Printed copies of utility tariffs, evidence, when.

Printed copies of schedules, classifications and tariffs of rates, fares and charges, and supplements thereto, filed with the Interstate Commerce Commission or the public service commission, which show respectively an Interstate Commerce Commission number, which may be stated in abbreviated form, as I. C. C. No. ______, and an effective date, or which show respectively a public service commission number, which may be stated in abbreviated form, as P. S. C. Mo. No. ______ or Mo. P. S. C. No. ______, and an effective date, may be received in evidence without certification and shall be presumed to be correct copies of the original schedules, classifications, tariffs and supplements on file with the Interstate Commerce Commission or on file with the public service commission.

(L. 1953 p. 511 § 1)

490.060 - Printed reports of other states, evidence.

The printed books of cases adjudged in the courts of a sister state may be admitted as evidence of the unwritten or common law of such state.

(RSMo 1939 § 1865)

Prior revisions: 1929 § 1701; 1919 § 5388; 1909 § 6332

(1966) Trial judge has duty in each case to determine whether a child under ten is competent before permitting the child to testify. State v. Tandy (Mo.), 401 S.W.2d 409.

490.160 - Printed journals of senate and house of this state.

The printed journal of the senate and house of representatives of this state, and all public documents or reports therein contained, and all reports or documents printed by the order of this state, or by either house of the general assembly, or purporting to be printed by authority thereof, shall be prima facie evidence to the same extent that duly authenticated copies of the originals would be.

(RSMo 1939 § 1819)

Prior revisions: 1929 § 1655; 1919 § 5342; 1909 § 6287

490.360 - Evidence of execution of real estate instrument.

Whenever the records in the recorder's office of deeds of any county shall contain a record of any writing, instrument or deed, purporting to affect any real estate, or any right or interest in or to the same, and such real estate, right or interest in or to the same shall have been claimed or enjoyed by any person, by or through such writing, instrument or deed, for a period of ten consecutive years, such writing, instrument or deed, and a certified copy thereof, and of the time of its record, shall be prima facie evidence of the execution of such writing, instrument or deed, and of its genuineness and time of record; provided, the said record thereof shall have been made at least ten years next before such writing, instrument or deed, or certified copy thereof, is offered in evidence.

(RSMo 1939 § 1850)

Prior revisions: 1929 § 1686; 1919 § 5373; 1909 § 6318

490.260 - Records of religious societies.

When, by the ordinance or custom of any religious society or congregation in this state, a register is required to be kept of marriages, births, baptisms, deaths or interments, such register shall be admitted as evidence.

(RSMo 1939 § 1829)

Prior revisions: 1929 § 1665; 1919 § 5352; 1909 § 6297

490.660 - Short title.

Sections 490.660 to 490.690 may be cited as "The Uniform Business Records as Evidence Law".

(L. 1949 p. 275 § 1)

(1960) Overruling of defendant's objection to reading of original circuit court record showing defendant's previous convictions and from original St. Louis City Workhouse records showing his sentences served and his discharges upheld against assignment that the evidence did not comply with requirements of Business Records Act as it was not the purpose of the act to exclude properly identified original instruments.State v. Washington (Mo.), 335 S.W.2d 23.

(1960) Testimony of witness, who was an employee of the coroner, as to autopsy upon the deceased, showing his death and the cause of the death, held admissible in evidence in criminal case under the business records as evidence law.State v. Lunsford (Mo.), 338 S.W.2d 868.

(1966) Opinions or reasons of planning commission recommending change in zoning of properties were not relevant to action for condemnation of land for highway purposes and the Uniform Business Records as Evidence Law did not make them admissible in evidence. State v. Koberna (Mo.), 396 S.W.2d 654.

(1975) Evidence which showed that records were kept of all bookings for various charges in the arrest register, that the records were kept in the ordinary course of business, that there is a time limit under which one can be confined without booking, and that witness was familiar with the manner in which arrest records were kept was sufficient to sustain admission of arrest register into evidence over defendant's objection that there was no evidence as to mode of preparation or that it was made at or near the time of recorded arrest. State v. Jones (A.), 518 S.W.2d 322.

490.560 - Notary's certificate of protest.

The certificate of a notary public, protesting a bill of exchange or negotiable promissory note, without as well as within this state, setting forth the demand of payment, refusal, protest therefor, and notice of dishonor to parties thereto, and the manner of each of said acts, and verified by his affidavit, shall, in all courts in this state, be prima facie evidence of such acts; provided, such certificate be filed in the cause for at least fifteen days before the trial thereof.

(RSMo 1939 § 1862)

Prior revisions: 1929 § 1698; 1919 § 5385; 1909 § 6329

490.460 - Copies of public contracts.

Copies of contracts entered into by individuals with the state, or any officer thereof, or with any county, or with any person for the benefit of any county, under or by authority of any law, or the lawful order of any court, the originals of which are, by law or the lawful order of any court, in the custody and keeping of any officer, duly certified and attested by the official seal of such officer, or, if such officer have no official seal, then verified by the affidavit of such officer, may be sued upon, and shall be received in evidence, to all intents and purposes, as the originals themselves.

(RSMo 1939 § 1853)

Prior revisions: 1929 § 1689; 1919 § 5376; 1909 § 6320

(1972) When state enters into a validly authorized contract it lays aside privilege of sovereign immunity. U.S. Di Carlo Construction Co., Inc. v. State (Mo.), 485 S.W.2d 52.

490.170 - Printing authority to be stated.

There shall be inserted on the title page of all books and documents printed by state officials, a statement showing by what authority the same are printed.

(RSMo 1939 § 1820, A. 1949 S.B. 1148)

Prior revisions: 1929 § 1656; 1919 § 5343; 1909 § 6288

490.070 - Short title.

Sections 490.070 to 490.120 may be cited as "The Uniform Judicial Notice of Foreign Law Act".

(L. 1949 p. 318 § 1)

490.270 - Certified copies of religious records.

Copies of the register referred to in section 490.260, certified by the pastor or other head of any such society or congregation, or by the clerk or other keeper of such register, and verified by his affidavit in writing, shall be received in evidence.

(RSMo 1939 § 1830)

Prior revisions: 1929 § 1666; 1919 § 5353; 1909 § 6298

490.370 - Recitals in deeds, evidence of heirship in certain cases.

In any deed conveying real estate heretofore or hereafter made, by any person or persons claiming to be the heir or heirs of some other person, if a recital shall have been or shall be made in said deed, showing or tending to show such heirship, or kinship, or if there shall have been, or shall be, an affidavit made in connection with said deed by one or more of the makers thereof, and attached to said deed, with a recital therein, showing, or tending to show, such heirship or kinship, such recital in such deed or such affidavit or both or the record thereof, may be read in evidence as the testimony of the persons making such deed or affidavit, in the trial of any suit in any court in this state wherein the title to the real estate described in said deed, or any part thereof, is involved or called in question in any manner; provided, however, that the maker of such deed and affidavit shall be dead or absent from the state or otherwise disqualified from testifying in suit, and, that before such recital or affidavit shall be received in evidence it must be shown that the said deed was filed for record, in the office of the recorder of deeds of the county where said real estate, or some part thereof, is situated, at least five years before the filing of the suit wherein such recital, or affidavit, is offered in evidence; and provided further, that the same person claiming title to said real estate, or some part thereof, or interest therein, or some person through whom he claims under or through said deed, shall have paid taxes on the land described in said deed, or some part thereof, or interest therein, for three different years before the filing of such suit.

(RSMo 1939 § 1851)

Prior revisions: 1929 § 1687; 1919 § 5374

490.670 - Business defined.

The term "business" shall include every kind of business, profession, occupation, calling or operation of institutions, whether carried on for profit or not.

(L. 1949 p. 275 § 2)

(1952) Hospital held "business" within this section so that its records are made admissible. Melton v. St. L.P.S. Co., 363 Mo. 474, 251 S.W.2d 663.

490.470 - Copies of official bonds.

Copies of all bonds required by law to be given by sheriffs, collectors, county treasurers, collectors of the revenue, clerks of the supreme court, districts of the court of appeals, circuit and county commissions, recorders, and all other officers of or under the state, who are required by law to give bond for the faithful performance of their duties, duly certified by the seal of office of the officer in whose custody the bond is required by law to be kept, may be sued upon, and shall be received in evidence, to all intents and purposes, as the originals themselves.

(RSMo 1939 § 1852, A.L. 1973 S.B. 263, A.L. 1978 H.B. 1634)

Prior revisions: 1929 § 1688; 1919 § 5375; 1909 § 6319

Effective 1-02-79

490.570 - Letters of attorney, how acknowledged and proved — read in evidence, when.

Every letter of attorney, or other instrument of writing containing a power to do any act or business whatever, other than the conveyance of real estate, as agent or attorney for another, may be acknowledged or proved and certified, in the same manner as deeds conveying or affecting real estate are, by law, required to be acknowledged or proved and certified, and, when so acknowledged or proved and certified, may, with the certificate of acknowledgment or proof, be read in evidence without further proof of the execution thereof.

(RSMo 1939 § 1863)

Prior revisions: 1929 § 1699; 1919 § 5386; 1909 § 6330

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

1.This section shall apply to civil actions filed in any court of this state.

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

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

4.The party offering the affidavit in evidence or the party's attorney shall file the affidavit with the clerk of the court and serve a copy of the affidavit on each other party to the case at least thirty days before the day on which evidence is first presented at the trial of the case.

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

(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 first presented at the trial of the case; or

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

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

(L. 1993 S.B. 88, A.L. 2004 S.B. 1211)

490.250 - Records of corporations and financial institutions.

1.Copies of all records and papers on file in the office of any company incorporated under the general or special laws of this state, when certified by the secretary or president, and authenticated by the seal of said company, shall be received as prima facie evidence in all courts of this state, in the same manner and with like effect as the originals.

2.All depository financial institutions and trust companies chartered under the laws of this state or chartered by the federal government and located in this state may provide such copies of all records, papers, and other documents as duplications permitted by subsection 1 of section 362.413, provided the financial institutions retain information in a form permitted by subsection 1 of section 362.413 so that the front and back side of checks and drafts are available for duplication.

(RSMo 1939 § 1828, A.L. 1998 S.B. 792)

Prior revisions: 1929 § 1664; 1919 § 5351; 1909 § 6296

CROSS REFERENCE:

Articles and certificates of incorporation as evidence, 351.075, 352.060, 388.050, 392.020

490.350 - Copies of recorded instruments.

Certified copies of such records as are contemplated in section 490.340 shall not be received in evidence until the execution of the original instrument or instruments from which such records are made has been duly proved according to law, except where the record has been made thirty years or more prior to the time of offering the certified copies in evidence.

(RSMo 1939 § 1846, A.L. 1959 S.B. 113)

Prior revisions: 1929 § 1682; 1919 § 5369; 1909 § 6314

490.150 - Public documents edited by authority of Congress.

Public documents, purporting to be edited or printed by authority of congress, or either house thereof, shall be evidence to the same extent that authenticated copies of the same would be.

(RSMo 1939 § 1818)

Prior revisions: 1929 § 1654; 1919 § 5341; 1909 § 6286

(1960) Book prepared by federal agency relating to the prospective development of area in which land was located held properly excluded in condemnation action to determine the value of property. State ex rel. State Highway Commission v. Dockery (Mo.), 340 S.W.2d 689.

490.050 - Printed federal acts received in evidence, when.

Copies of any act, law or resolution contained in any such book, now or hereafter deposited in the office of the secretary of state, certified under the hand and official seal of said secretary, shall be received in evidence.

(RSMo 1939 § 1816)

Prior revisions: 1929 § 1652; 1919 § 5339; 1909 § 6284

(1956) Where defendant in criminal case on cross-examination first denied and then admitted conviction of crime but stated he remembered very little about it and his attorney's questions tended to elicit answers that he had not been convicted, the record of his conviction was admissible. State v. Barnholtz (Mo.), 287 S.W.2d 808.

490.450 - Error in name.

All deeds, mortgages, deeds of trust and other instruments conveying or affecting title to real estate where the Christian names of the grantees therein, or the parties of the second part, are abbreviated by using the initials thereof, or any abbreviation thereof, or where the surname is misspelled, and the same premises are afterwards conveyed by the full Christian name or names, with correct spelling of the surname, the record of such instruments shall be received in evidence and such parties shall be presumed until the contrary appears, to be the same.And in like manner the same shall be true in all cases where the title to any such property is taken in the full Christian name and correct spelling of the surname and conveyed out by the initials or initial or abbreviations of the Christian name or misspelling of the surname; provided, that the surname in which such title was taken is idem sonans with the name by which the title to the same premises were conveyed or affected.And in like manner a variation in the spelling and using of the initials of parties to any court proceedings affecting title to real estate, it shall be presumed, until the contrary appears, that any variation in initials or abbreviations thereof or the misspelling of the surname of any party thereto, such person or persons shall be presumed until the contrary appears, to be the same person or persons claiming title to the real estate affected by such proceedings, as their interest may appear therein; provided, that surnames are idem sonans.

(RSMo 1939 § 3445)

Prior revisions: 1929 § 3058; 1919 § 2217

490.550 - Affidavit to be filed in court before trial.

Such affidavits shall not be received in evidence in the county commission, or probate division of the circuit court or before associate circuit judges, unless the same shall be filed in the cause five days before the trial, nor in any other division of the circuit court, unless the same shall be filed in the cause ten days before the trial.

(RSMo 1939 § 1861, A.L. 1978 H.B. 1634)

Prior revisions: 1929 § 1697; 1919 § 5384; 1909 § 6328

Effective 1-02-79

490.650 - Account book, when produced.

The court before which any action for the recovery of any sum or balance due on account, and where the matter at issue and on trial is a proper and usual subject of charge on books of account, may require either party to produce, at the trial, either his ledger or original book of entries, or both; and no disputed account shall be allowed upon the oath of the party, when it shall appear that he has a book of original entries, unless such book shall be produced upon reasonable request.

(RSMo 1939 § 1888)

Prior revisions: 1929 § 1724; 1919 § 5411; 1909 § 6355

490.715 - Collateral source rule and payments rendered prior to trial, admissibility of evidence — effect on special damages — evidence of actual cost of medical care or treatment permitted.

1.No evidence of collateral sources, or payments rendered under subsection 2 of this section, shall be admissible other than such evidence provided for in this section.

2.If prior to trial a defendant or his or her insurer or authorized representative, or any combination of them, pays all or any part of a plaintiff's special damages, then any portion of a plaintiff's claims for special damages that are satisfied by a payment from a defendant or the defendant's insurer or authorized representative, or any combination of them, are not recoverable from that defendant.

3.If such payments described in subsection 2 of this section are included in a plaintiff's claim for special damages at trial, the defendant who made the payment, or on whose behalf the payment was made, shall be entitled to deduct and receive a credit for such payments from any judgment as provided for in section 490.710.

4.This section does not require the exclusion of evidence admissible for another proper purpose.

5.(1)Except as provided in subsection 2 of this section, parties may introduce evidence of the actual cost of the medical care or treatment rendered to a plaintiff or a patient whose care is at issue.Actual cost of the medical care or treatment shall be reasonable, necessary, and a proximate result of the negligence or fault of any party.

(2)For purposes of this subsection, the phrase "actual cost of the medical care or treatment" shall be defined as a sum of money not to exceed the dollar amounts paid by or on behalf of a plaintiff or a patient whose care is at issue plus any remaining dollar amount necessary to satisfy the financial obligation for medical care or treatment by a health care provider after adjustment for any contractual discounts, price reduction, or write-off by any person or entity.

(L. 1987 H.B. 700 § 38, A.L. 2005 H.B. 393, A.L. 2017 S.B. 31)

CROSS REFERENCE:

Applicability of statute changes to cases filed after August 28, 2005, 538.305

490.340 - Certain recorded instruments to impart notice, when.

All records heretofore or hereafter made by the recorder of any county by copying from any instrument in writing or copy thereof affecting real estate at law or in equity, which instrument or copy is not entitled to be recorded because it is not certified or is defectively certified, shall from the date this section takes effect, or one year after the recorded instrument or copy is filed with the recorder for record, whichever date is later, impart notice of the contents thereof in the same manner and to the same extent as would an identical recorded instrument or copy which is duly certified.The certification referred to in this section includes not only certification of proof or acknowledgment, or other certification, but also verification, authentication, attestation, or any other condition precedent to recording made by law.

(RSMo 1939 § 1845, A.L. 1959 S.B. 113)

Prior revisions: 1929 § 1681; 1919 § 5368; 1909 § 6313

(1956) History of section discussed statute held inapplicable to recordation after last reenactment in 1939. Hatcher v. Hall (A.), 292 S.W.2d 619.

490.240 - Records of cities and towns.

Printed copies of the ordinances, resolutions, rules, orders and bylaws of any city or incorporated town in this state, purporting to be published by authority of such city or incorporated town, and manuscript or printed copies of such ordinances, resolutions, rules, orders and bylaws, certified under the hand of the officer having the same in lawful custody, with the seal of such city or town annexed, shall be received as evidence in all courts and places in this state, without further proof; and any printed pamphlet or volume, purporting to be published by authority of any such town or city, and to contain the ordinances, resolutions, rules, orders or bylaws of such town or city, shall be evidence, in all courts and places within this state, of such ordinances, resolutions, rules, orders or bylaws.

(RSMo 1939 § 1827)

Prior revisions: 1929 § 1663; 1919 § 5350; 1909 § 6295

CROSS REFERENCE:

Ordinances, resolutions of cities received in evidence, 88.503

(1960) Refusal to allow plaintiff's counsel to introduce city ordinance was not error where a portion was misquoted and a portion, as contained in plaintiff's brief, was irrelevant and the record failed to show plaintiff attempted to prove the ordinance by proper means although the reason given for objection was unsound. Sorrel v. Hudson (Mo.), 335 S.W.2d 1.

(1962) Maps of reorganized school districts from files of state department of education which were submitted by the respective county boards of education were properly received in evidence in action for declaratory judgment to fix the boundary between two reorganized school districts. Reorganized Sch.Dist. R-I v. Reorganized Sch. Dist. R-III (A.), 360 S.W.2d 376.

490.040 - Books containing acts of Congress.

The printed books containing the acts of the Congress of the United States, purporting to be published by authority of congress, or by authority of the United States, shall be evidence of the laws, public or private, general, local or special, therein contained.

(RSMo 1939 § 1815)

Prior revisions: 1929 § 1651; 1919 § 5338; 1909 § 6283

490.140 - Justice court records, evidence, when.

Where the docket, files, books and papers of a justice of the peace shall have been delivered to a clerk of the county commission according to law, copies of such docket, files, books or papers, certified by such clerk, shall be evidence.

(RSMo 1939 § 1867)

Prior revisions: 1929 § 1703; 1919 § 5390; 1909 § 6334

490.540 - Affidavit taken in another state before clerk or judge.

Any such affidavits, taken out of this state and in the United States, may be taken before any clerk of a court of record, and shall be certified, under the official seal of such clerk, or before any judge of any court of record, to be certified by such judge, and the official character of such judge shall be certified under the official seal of the clerk of such court.

(RSMo 1939 § 1860)

Prior revisions: 1929 § 1696; 1919 § 5383; 1909 § 6327

490.440 - Shall not be received in evidence until.

If the party contesting the proof of any such instrument shall make it appear that such proof was taken upon the oath of an incompetent witness, neither such instrument nor the record thereof shall be received in evidence until established by other competent proof.

(RSMo 1939 § 3438)

Prior revisions: 1929 § 3051; 1919 § 2210; 1909 § 2821

490.640 - Comparison of disputed with genuine writings.

Comparison of a disputed writing with any writing proved to the satisfaction of the judge to be genuine shall be permitted to be made by witnesses, and such writings and the evidence of witnesses respecting the same may be submitted to the court and jury as evidence of the genuineness or otherwise of the writing in dispute.

(RSMo 1939 § 1915)

Prior revisions: 1929 § 1751; 1919 § 5438; 1909 § 6382

490.410 - Acknowledged instruments affecting realty.

Every instrument in writing, conveying or affecting real estate, which shall be acknowledged or proved, and certified as herein prescribed, may, together with the certificates of acknowledgment or proof, and relinquishment, be read in evidence, without further proof.

(RSMo 1939 § 3435)

Prior revisions: 1929 § 3048; 1919 § 2207; 1909 § 2818

CROSS REFERENCE:

Instruments affecting real estate in foreign language, sworn translation evidence, when, 442.140

(1952) This section means that a certificate of acknowledgment is prima facie evidence that the deed was duly executed; that is that it was signed and delivered. Baker v. Baker, 363 Mo. 318, 251 S.W.2d 31.

(1955) Bond, given by purchaser of land to insure against forbidden use, which was executed by corporation in manner prescribed by statute, acknowledged and recorded, held admissible in evidence and imported a consideration. Cook v. Tide Water Associated Oil Co. (A.), 281 S.W.2d 415.

490.510 - Proof of endorsement of notes.

Whenever it becomes necessary in any suit to prove an assignment of or an endorsement on any bond, bill or note, an affidavit of a competent witness, proving the same, shall be received as prima facie evidence of the facts stated in such affidavit.

(RSMo 1939 § 1857)

Prior revisions: 1929 § 1693; 1919 § 5380; 1909 § 6324

490.710 - Advance payment predicated on possible tort liability not admissible in evidence — payment a credit, when — limitation on action starts when.

1.No advance payment or partial payment of damages, predicated on possible tort liability, as an accommodation to an injured person, or on his behalf to others, or to the heirs at law or dependents of a deceased person, of medical expenses, loss of earnings and other actual out-of-pocket expenses, because of an injury, death claim, property loss or potential claim against any person shall be admissible into evidence as an admission against interest or admission of liability by such party or self-insurer, or if paid by an insurer of such party, as the insurer's recognition of such liability with respect to such injured or deceased person, or with respect to any other claim arising from the same accident or event.

2.Any payments made as provided in subsection 1 of this section shall constitute a credit and be deductible from any final settlement made or judgment rendered with respect to such injured or deceased person.In the event of a trial involving such a claim, the fact that such payments have been made shall not be brought to the attention of the jury.

3.If after an advance payment or partial payment is made as provided in this section, and thereafter it is determined by final judgment of a court of competent jurisdiction that the person is not liable for an amount sufficient to satisfy the advance payment or partial payment, such person or insurer shall have no right of action for the recovery of such payment.

4.The period fixed for the limitation for the commencement of actions shall commence on the date of the last payment or partial payment made hereunder.

(L. 1972 H.B. 166 § 1)

(1977) Held, there is no conflict between this section and MAI 7.01; evidence of advance payments or partial payments is not to be admitted in evidence before a jury and is not the subject of a MAI 7.01 modification. Taylor v. Yellow Cab Co.(Mo.), 548 S.W.2d 528.

(1977) Held, difference between value of repaired automobile and its value before being damaged is a proper measure of damages. Rook v. John F. Oliver Trucking Co. (A.), 556 S.W.2d 200.

490.210 - Copies of letters received by register of land office.

Copies of any letter or letters received by the register or receiver of any land office, as aforesaid, from any superior officer in the land department of the United States, concerning the official action of the said register or receiver, certified by the said register or receiver to be correct, shall be legal evidence in the trial of any cause in any court in this state.

(RSMo 1939 § 1823)

Prior revisions: 1929 § 1659; 1919 § 5346; 1909 § 6291

490.310 - Original deed lost — certified copy of deed, evidence when.

Whenever it shall appear that the original deed or conveyance in any of the cases specified in sections 490.280 to 490.300 has been lost or destroyed, or is not in the power of the party who wishes to use it, a certified copy of the record thereof, and of the certificate of acknowledgment or proof, shall be received in evidence upon like proof as is required in case of the original, and with like effect.

(RSMo 1939 § 1842)

Prior revisions: 1929 § 1678; 1919 § 5365; 1909 § 6310

490.110 - Presentation of laws to trial court.

Any party may also present to the trial court any admissible evidence of such laws, but, to enable a party to offer evidence of the law in another jurisdiction or to ask that judicial notice be taken thereof, reasonable notice shall be given to the adverse parties either in the pleadings or otherwise.

(L. 1949 p. 318 § 5)

(1966) Allegation in petition that cause of action arose in Illinois constituted sufficient "reasonable notice" of intent to rely on foreign law. Valleroy v. Southern Railway Co. (Mo.), 403 S.W.2d 553.

490.010 - Printed statute books, evidence.

The printed statute books of this state, printed under its authority, shall be evidence of the private acts therein contained.

(RSMo 1939 § 1812)

Prior revisions: 1929 § 1648; 1919 § 5335; 1909 § 6280

490.500 - Record copy of lost instrument.

In all cases where the original of any bond, contract or other instrument, for the recording of which provision has been made by law, shall appear to be lost, or not within control of the party wishing to use the same, the record thereof, or a transcript of such record, certified by the custodian thereof, under the seal of his office, may be read in evidence without further proof, in like manner and with like effect as in the case of the loss of duly recorded instruments affecting real estate.

(RSMo 1939 § 1856)

Prior revisions: 1929 § 1692; 1919 § 5379; 1909 § 6323

490.400 - Sheriff's deed in tax sale, evidence of what.

All deeds heretofore executed, or that may hereafter be executed, by any sheriff to a purchaser of land sold for delinquent and back taxes, shall be prima facie evidence that the persons named therein as defendants in the suit to enforce the lien of the state of Missouri for the delinquent and back taxes, were the absolute owners of the land conveyed, at the time of the institution of the action.

(RSMo 1939 § 1879)

Prior revisions: 1929 § 1715; 1919 § 5402; 1909 § 6346

CROSS REFERENCE:

Sheriff's deeds when recorded, or record thereof, evidence, 513.290

490.600 - Certified copy, evidence when.

When it shall appear to the court that such marriage contract, duly acknowledged or proved and recorded, is lost or is not in the power of the party wishing to use it, a copy thereof, duly certified under the hand and seal of the recorder, may be received in evidence.

(RSMo 1939 § 1871)

Prior revisions: 1929 § 1707; 1919 § 5394; 1909 § 6338

CROSS REFERENCE:

Marriage records destroyed, 451.170, 451.180, 451.190

490.700 - Courts to take judicial notice of population.

The courts of this state shall take judicial notice, without proof, of the population of all cities in this state according to the last enumeration of the inhabitants thereof, state, federal or municipal, made under or pursuant to any law of this state or of the United States.

(RSMo 1939 § 7600)

Prior revisions: 1929 § 7457; 1919 § 8868; 1909 § 9717

490.300 - Deed, evidence upon proof of certain facts.

Such deed or conveyance, acknowledged or proved and recorded, according to law, though not recorded within one year from the date thereof, or twenty years before it is offered, may be read in evidence, upon proof of such facts and circumstances as, together with the certificate of acknowledgment or proof, shall satisfy the court that the person who executed the instrument is the person therein named as grantor.

(RSMo 1939 § 1841)

Prior revisions: 1929 § 1677; 1919 § 5364; 1909 § 6309

CROSS REFERENCES:

Execution of deeds, proof required, 442.260, 442.300

Guardian of minor, acknowledged deed to be evidence, 475.245

490.200 - Copies from United States land offices.

Copies of any entry or entries, or memoranda, made on the books of the office of any register or receiver of any United States land office, certified by the said register or receiver to be correct, shall be received in evidence in the trial of any cause in any of the courts of this state.

(RSMo 1939 § 1822)

Prior revisions: 1929 § 1658; 1919 § 5345; 1909 § 6290

490.100 - Determination of laws.

The determination of such laws shall be made by the court and not by the jury, and shall be reviewable.

(L. 1949 p. 318 § 4)

490.692 - Business records or copies admissible as evidence on affidavit of custodian, when — filing procedure — notice and copies of records to be served on all parties, when — form of affidavit.

1.Any records or copies of records reproduced in the ordinary course of business by any photographic, photostatic, microfilm, microcard, miniature photographic, optical disk imaging, or other process which accurately reproduces or forms a durable medium for so reproducing the original that would be admissible under sections 490.660 to 490.690 shall be admissible as a business record, subject to other substantive or procedural objections, in any court in this state upon the affidavit of the person who would otherwise provide the prerequisites of sections 490.660 to 490.690, that the records attached to the affidavit were kept as required by section 490.680.

2.No party shall be permitted to offer such business records into evidence pursuant to this section unless all other parties to the action have been served with copies of such records and such affidavit at least seven days prior to the day upon which trial of the cause commences.

3.The affidavit permitted by this section may be in form and content substantially as follows:

THE STATE OF ______
COUNTY OF ______
AFFIDAVIT
Before me, the undersigned authority, personally appeared ______, who, being by me duly sworn, deposed as follows:
My name is ______, I am of sound mind, capable of making this affidavit, and personally acquainted with the facts herein stated:
I am the custodian of the records of ______. Attached hereto are ______ pages of records from ______. These ______ pages of records are kept by ______ in the regular course of business, and it was the regular course of business of ______ for an employee or representative of ______ with knowledge of the act, event, condition, opinion, or diagnosis recorded to make the record or to transmit information thereof to be included in such record; and the record was made at or near the time of the act, event, condition, opinion or diagnosis. The records attached hereto are the original or exact duplicates of the original.
__________________
Affiant
In witness whereof I have hereunto subscribed my name and affixed my official seal this ______ day of ______, 20______.
____________________________________
(Signed)(Seal)

(L. 1988 S.B. 425 § 5, A.L. 1992 S.B. 446, A.L. 1994 H.B. 963)

CROSS REFERENCE:

Banking records admissible in evidence by affidavit, when, filing form, 362.413

(2000) Department of Revenue records properly certified pursuant to section 302.312 could not be excluded due to lack of service as required by section.Russell v. Director of Revenue, 35 S.W.3d 507 (Mo.App.E.D.).

490.620 - Person, when presumed to be dead.

If any person who shall have resided in this state goes from and does not return to this state for five successive years, he or she shall be presumed to be dead in any case wherein his or her death shall come in question, unless proof be made that he or she was alive within that time.The fact that such person was exposed to a specific peril of death due to a terrorist event may be a sufficient basis for determining at any time after such exposure that he or she died less than five years after the date his or her absence commenced.

(RSMo 1939 § 1873, A.L. 1982 S.B. 700 Revision, A.L. 2002 S.B. 712)

Prior revisions: 1929 § 1709; 1919 § 5396; 1909 § 6340

CROSS REFERENCES:

Presumption of death on five years' absence, 473.697 to 473.720

Simultaneous death law, Chap. 471

490.720 - Definitions, admissibility of TDD, TTY, or TT communications.

As used in this section and section 490.722, the following terms mean:

(1)"Duplicate", a counterpart, produced by the same impression as the original, or from the same matrix, or by means of photography, including enlargements and miniatures, or by mechanical or electronic rerecording, or by chemical reproduction, or by other equivalent techniques which accurately reproduce the original;

(2)"Original", a writing or recording or any counterpart of the writing or recording intended to have the same effect by a person executing or issuing it.An original of a photograph includes the negative or any print therefrom.If data are stored in a computer or similar device, any printout or other output readable by sight, shown to reflect the data accurately, is an original;

(3)"Photographs", still photographs, x-ray films, video tapes, and motion pictures;

(4)"Writings" and "recordings", letters, words, or numbers, or their equivalent, set down by handwriting, typewriting, printing, photostating, photographing, magnetic impulse, mechanical or electronic recording, or other form of data compilation; and

(5)"TDD", "TTY", or "TT", any auxiliary aids or services consisting of assistive listening or transcription systems which allow the reception or transmission of aurally delivered communication and materials for the benefit of individuals with hearing, speech, or physical impairments.

(L. 1995 H.B. 135 § 2)

490.520 - Proof of partnership.

Whenever it becomes necessary in any suit to prove the existence of a partnership, an affidavit of a competent witness, setting forth the names and places of residence of all the partners, the name of the firm, the general nature of the business and where transacted, and the time of the commencement or existence of such partnership, shall be prima facie evidence of the facts therein stated.

(RSMo 1939 § 1858)

Prior revisions: 1929 § 1694; 1919 § 5381; 1909 § 6325

490.420 - Certified copy thereof read in evidence.

Where any such instrument is acknowledged or proved, certified and recorded, in the manner herein prescribed, and it shall be shown to the court by the oath or affidavit of the party wishing to use the same, or of anyone knowing the fact, that such instrument is lost, or not within the power of the party wishing to use the same, the record thereof, or the transcript of such record, certified by the recorder under the seal of his office, may be read in evidence, without further proof.

(RSMo 1939 § 3436)

Prior revisions: 1929 § 3049; 1919 § 2208; 1909 § 2819

CROSS REFERENCE:

Conveyances of bounty lands--record or certified copy to be evidence, when, 442.250

490.020 - Printed statutes of other states to be received in evidence.

Printed books or pamphlets purporting on their face to be the session or other statutes of any of the United States, or the territories thereof, or of any foreign jurisdiction, and to have been printed and published by the authority of any such state, territory or foreign jurisdiction or proved to be commonly recognized in its courts shall be received in the courts of this state as prima facie evidence of such statutes.

(RSMo 1939 § 1817, A.L. 1949 p. 275)

Prior revisions: 1929 § 1653; 1919 § 5340; 1909 § 6285

490.120 - What law to be issue for the court.

The law of a jurisdiction other than those referred to in section 490.080 shall be an issue for the court, but shall not be subject to the foregoing provisions concerning judicial notice.

(L. 1949 p. 318 § 6)

490.320 - Copy of deed, when evidence.

When any deed or conveyance affecting real estate has been recorded more than twenty years, and has not been proved or acknowledged, according to law, when so recorded, but has been subsequently duly proved, and read upon the trial of any litigated cause in any of the courts of record of this state, and a copy of such deed or conveyance has been preserved in a bill of exceptions taken and filed in such cause, and a transcript of the proceedings therein has been filed in the supreme court or any district of the court of appeals, upon proof that the deed or conveyance has been lost or destroyed, the copy thereof contained in such transcript, duly certified under the hand and seal of the clerk of the proper court, may be read in evidence in any suit.

(RSMo 1939 § 1843, A.L. 1973 S.B. 263, A.L. 1978 H.B. 1634)

Prior revisions: 1929 § 1679; 1919 § 5366; 1909 § 6311

Effective 1-02-79

490.220 - Office records of the United States or sister state.

All records and exemplifications of office books, kept in any public office of the United States, or of a sister state, not appertaining to a court, shall be evidence in this state, if attested by the keeper of said record or books, and the seal of his office, if there be a seal.

(RSMo 1939 § 1825)

Prior revisions: 1929 § 1661; 1919 § 5348; 1909 § 6293

(1956) Death certificate of sister state has same value as if issued in this state if required by law to be made in manner similar to that required by the laws of this state, and it is therefore prima facie evidence of facts stated in it. Lynde v. Western & Southern Life Ins. Co. (A.), 293 S.W.2d 147.

(1956) Where records of penitentiaries were certified by proper officials under 28 U.S.C.A. §§ 1738 and 1739, they were admissible to show defendant's incarceration and release.State v. Ash (Mo.), 296 S.W.2d 41.

(1963) In absence of proof which established senior record clerk to be keeper of records within meaning of this section, exhibits purporting to show defendant's confinement in Kentucky penitentiary and attested by senior records clerk of the penitentiary were not admissible in prosecution wherein defendant was charged under habitual criminal statute. State v. Young (Mo.), 366 S.W.2d 386.

(1972) Recital in certificate to a copy of document as to official character of the officer as the legal custodian of it is prima facie proof of that fact, and it is unnecessary to call witnesses to prove identity of custodian or his signature and burden of rebutting the presumption is on one contesting it.Such certification held sufficient to comply with this section against contention that there was no proof that the records were kept in any public office of sister state. State v. Brown (Mo.), 476 S.W.2d 519.

490.630 - Evidence, when translated into English, may be read.

Whenever any written evidence in a cause shall be in language other than English, a written translation thereof into the English language, made by a competent translator, and verified by his affidavit, may be read in evidence instead of the original, if such original be competent evidence.

(RSMo 1939 § 1874)

Prior revisions: 1929 § 1710; 1919 § 5397; 1909 § 6341

CROSS REFERENCE:

Deeds executed in foreign country admissible in evidence accompanied by sworn translation, 442.140

490.430 - Shall not be conclusive evidence, when.

Neither the certificate of the acknowledgment nor the proof of any such instrument nor the record nor the transcript of the record of such instrument, shall be conclusive, but the same may be rebutted.

(RSMo 1939 § 3437)

Prior revisions: 1929 § 3050; 1919 § 2209; 1909 § 2820

490.530 - Affidavit taken in another state before notary public or associate circuit judge.

Any such affidavits, taken out of this state and in the United States, may be taken before a notary public, or before any associate circuit judge, and when taken before such associate circuit judge shall be accompanied by a certificate of the official character of such associate circuit judge, attested by the seal of state, or proved by the certificate and seal of the clerk of the same court of record in the state where the affidavit was made, certifying that such associate circuit judge had full power and authority to administer oaths at the time such affidavit was taken, and that the signature of such magistrate thereto is genuine.

(RSMo 1939 § 1859)

Prior revisions: 1929 § 1695; 1919 § 5382; 1909 § 6326

490.130 - Certified records of courts to be evidence.

The records of judicial proceedings of any court of the United States, or of any state, attested by the clerk thereof, with the seal of the court annexed, if there be a seal, and certified by the judge, chief justice or presiding associate circuit judge of the court to be attested in due form, shall have such faith and credit given to them in this state as they would have at the place whence the said records come.Copies from the record of proceedings of any court of this state, attested by the clerk thereof, with the seal of the court annexed, if there be a seal, or if there be no seal, with the private seal of the clerk, shall be received as evidence of the acts or proceedings of such court in any court of this state.Records of proceedings of any court of this state contained within any statewide court automated record-keeping system established by the supreme court shall be received as evidence of the acts or proceedings in any court of this state without further certification of the clerk, provided that the location from which such records are obtained is disclosed to the opposing party.

(RSMo 1939 § 1864, A.L. 1996 S.B. 869, A.L. 2001 S.B. 267)

Prior revisions: 1929 § 1700; 1919 § 5387; 1909 § 6331

(1953) Certified copy of order of county court adjudging person to be insane and proper person to be sent to state hospital which was made while county court had jurisdiction thereof, held admissible in evidence in robbery prosecution of such person as tending to show his mental condition. State v. St.Clair (Mo.), 262 S.W.2d 25.

(1954) Where administrator of estate in Colorado removed to this state without accounting for or settling the estate, a judgment of the Colorado Court against the administrator for the amount found due from him plus interest, after service on such administrator by registered mail and service in Missouri by sheriff, held valid and allowable against the estate of such administrator after his death, in a probate court in this state.Shearer v. Parker, 364 Mo. 723, 267 S.W.2d 18.

(1963) Photostatic copy of document purporting to be record of conviction and sentence of defendant in Kentucky having name of judge typed thereon and certificate of clerk of court with writing indicating that the certificate was prepared by a third person was inadmissible under this section as evidence of prior conviction under habitual criminal statute. State v. Young (Mo.), 366 S.W.2d 386.

(1967) Failure of judge of federal district court to certify that copy of judgment and commitment attested by clerk in due form was not ground for refusing to admit record when court's ruling included finding that attestation was in due form. State v. Wolfskill (Mo.), 421 S.W.2d 193.

490.030 - Certified statute book of other states, evidence, when.

Copies of any act, law, resolution or constitution, contained in any printed statute book of a sister state or territory, shall be received in any of the courts of this state as prima facie evidence of the act, law, resolution or constitution contained therein; provided, the secretary of state of such state or territory, or the secretary of state of this state, shall certify that the same is a correct copy, under his hand and seal of office, and shall set out in his certificate, in full, the title page of such printed books.

(RSMo 1939 § 1814)

Prior revisions: 1929 § 1650; 1919 § 5337; 1909 § 6282

490.230 - Exemplification by President and others.

Exemplifications from the books of the executive department of the United States, or any papers filed therein, shall be evidence when attested by the President or the chief of either of the departments, or from any state or territory, of like books or papers, when attested by the governor or the secretary of state thereof, under his official seal.

(RSMo 1939 § 1826)

Prior revisions: 1929 § 1662; 1919 § 5349; 1909 § 6294

490.330 - Evidence offered to reject such copy.

Whenever any deed, conveyance or other evidence of title, or a copy thereof, shall be offered in evidence, under the provisions of any of the preceding sections, and objected to, the party objecting may introduce evidence to show that the original is not what it purports to be, or that it was not executed by those in whose name it purports to have been executed, or that the copy offered is not a true copy of the original; and the court shall determine thereon, and admit or reject the instrument, according to the evidence.

(RSMo 1939 § 1844)

Prior revisions: 1929 § 1680; 1919 § 5367; 1909 § 6312

490.065 - Expert witness, opinion testimony admissible, requirements for certain actions.

1.In actions brought under chapter 451, 452, 453, 454, or 455 or in actions adjudicated in juvenile courts under chapter 211 or in family courts under chapter 487, or in all proceedings before the probate division of the circuit court, or in all actions or proceedings in which there is no right to a jury trial:

(1)If scientific, technical or other specialized knowledge will assist the trier of fact to understand the evidence or to determine a fact in issue, a witness qualified as an expert by knowledge, skill, experience, training, or education may testify thereto in the form of an opinion or otherwise;

(2)Testimony by such an expert witness in the form of an opinion or inference otherwise admissible is not objectionable because it embraces an ultimate issue to be decided by the trier of fact;

(3)The facts or data in a particular case upon which an expert bases an opinion or inference may be those perceived by or made known to him at or before the hearing and must be of a type reasonably relied upon by experts in the field in forming opinions or inferences upon the subject and must be otherwise reasonably reliable;

(4)If a reasonable foundation is laid, an expert may testify in terms of opinion or inference and give the reasons therefor without the use of hypothetical questions, unless the court believes the use of a hypothetical question will make the expert's opinion more understandable or of greater assistance to the jury due to the particular facts of the case.

2.In all actions except those to which subsection 1 of this section applies:

(1)A witness who is qualified as an expert by knowledge, skill, experience, training, or education may testify in the form of an opinion or otherwise if:

(a)The expert's scientific, technical, or other specialized knowledge will help the trier of fact to understand the evidence or to determine a fact in issue;

(b)The testimony is based on sufficient facts or data;

(c)The testimony is the product of reliable principles and methods; and

(d)The expert has reliably applied the principles and methods to the facts of the case;

(2)An expert may base an opinion on facts or data in the case that the expert has been made aware of or personally observed.If experts in the particular field would reasonably rely on those kinds of facts or data in forming an opinion on the subject, they need not be admissible for the opinion to be admitted.But if the facts or data would otherwise be inadmissible, the proponent of the opinion may disclose them to the jury only if their probative value in helping the jury evaluate the opinion substantially outweighs their prejudicial effect;

(3)(a)An opinion is not objectionable just because it embraces an ultimate issue.

(b)In a criminal case, an expert witness shall not state an opinion about whether the defendant did or did not have a mental state or condition that constitutes an element of the crime charged or of a defense.Those matters are for the trier of fact alone;

(4)Unless the court orders otherwise, an expert may state an opinion and give the reasons for it without first testifying to the underlying facts or data.But the expert may be required to disclose those facts or data on cross-examination.

3.The provisions of this section shall not prevent a person, partnership, association, or corporation, as owner, from testifying as to the reasonable market value of the owner's land.