Missouri Revised Statutes
Chapter 490 - Evidence
Section 490.525 - Affidavit stating amount charged was reasonable and necessary, effect — restrictions — service — counteraffidavit, requirements — notice.

Effective - 28 Aug 2004
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.
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(L. 1993 S.B. 88, A.L. 2004 S.B. 1211)

Structure Missouri Revised Statutes

Missouri Revised Statutes

Title XXXIII - Evidence and Legal Advertisements

Chapter 490 - Evidence

Section 490.010 - Printed statute books, evidence.

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

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

Section 490.040 - Books containing acts of Congress.

Section 490.050 - Printed federal acts received in evidence, when.

Section 490.060 - Printed reports of other states, evidence.

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

Section 490.070 - Short title.

Section 490.080 - Judicial notice to be taken.

Section 490.090 - Court may inform itself of laws.

Section 490.100 - Determination of laws.

Section 490.110 - Presentation of laws to trial court.

Section 490.120 - What law to be issue for the court.

Section 490.130 - Certified records of courts to be evidence.

Section 490.140 - Justice court records, evidence, when.

Section 490.150 - Public documents edited by authority of Congress.

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

Section 490.170 - Printing authority to be stated.

Section 490.180 - Certified copies of certain official records.

Section 490.190 - Certified copies in offices of auditor and treasurer.

Section 490.200 - Copies from United States land offices.

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

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

Section 490.230 - Exemplification by President and others.

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

Section 490.240 - Records of cities and towns.

Section 490.250 - Records of corporations and financial institutions.

Section 490.260 - Records of religious societies.

Section 490.270 - Certified copies of religious records.

Section 490.280 - Instruments under repealed law.

Section 490.290 - Deed acknowledged under former law.

Section 490.300 - Deed, evidence upon proof of certain facts.

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

Section 490.320 - Copy of deed, when evidence.

Section 490.330 - Evidence offered to reject such copy.

Section 490.340 - Certain recorded instruments to impart notice, when.

Section 490.350 - Copies of recorded instruments.

Section 490.360 - Evidence of execution of real estate instrument.

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

Section 490.380 - Deeds recorded thirty years before 1874.

Section 490.390 - Copies evidence when original lost.

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

Section 490.410 - Acknowledged instruments affecting realty.

Section 490.420 - Certified copy thereof read in evidence.

Section 490.430 - Shall not be conclusive evidence, when.

Section 490.440 - Shall not be received in evidence until.

Section 490.450 - Error in name.

Section 490.460 - Copies of public contracts.

Section 490.470 - Copies of official bonds.

Section 490.480 - Copies of bonds of administrators and others.

Section 490.490 - When original shall be produced.

Section 490.500 - Record copy of lost instrument.

Section 490.510 - Proof of endorsement of notes.

Section 490.520 - Proof of partnership.

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

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

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

Section 490.550 - Affidavit to be filed in court before trial.

Section 490.560 - Notary's certificate of protest.

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

Section 490.580 - Marriage records, evidence when.

Section 490.590 - Marriage contracts.

Section 490.600 - Certified copy, evidence when.

Section 490.620 - Person, when presumed to be dead.

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

Section 490.640 - Comparison of disputed with genuine writings.

Section 490.650 - Account book, when produced.

Section 490.660 - Short title.

Section 490.670 - Business defined.

Section 490.680 - Records, competent evidence, when.

Section 490.690 - Interpretation and construction.

Section 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.

Section 490.700 - Courts to take judicial notice of population.

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

Section 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.

Section 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.

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

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

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