Effective - 12 Jun 1991
492.070. Oaths, affirmations, depositions of persons in military service, who may take — form — validation of those previously taken. — 1. Any commissioned officer, other than a commissioned warrant officer, of any of the Armed Forces of the United States, whether or not on active duty, may administer oaths and affirmations to, and to take depositions, and affidavits of, any member of any of the Armed Forces of the United States, whether or not on active duty, with like effect as if the same were administered or taken within the state of Missouri by a notary public.
2. Such officer shall certify the act, stating the time and place thereof, over his signature, setting forth his grade, serial number, branch of service (Army, Navy, etc.), and permanent mailing address. If such officer shall omit from his certificate the place thereof, serial number, branch of service, and permanent mailing address, or any of them, it shall be deemed to have been done for reasons of security and shall not invalidate such certificate. The signature of any such officer, together with his grade, shall be prima facie evidence of his authority.
3. Any form of jurat complying with the requirements of this section may be used, and the following form shall be taken to satisfy all requirements of this section:
4. All such oaths, affirmations, affidavits, and depositions heretofore made and which were not in conformity with the requirements of the laws at that time, but are in conformity with the requirements of this section, are hereby validated and legalized for all purposes from and after June 12, 1991. It shall not be necessary to rerecord any such instrument.
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(RSMo 1939 § 1948, A.L. 1951 p. 533, A.L. 1991 S.B. 358)
Prior revisions: 1929 § 1784; 1919 § 5471
Effective 6-12-91
Structure Missouri Revised Statutes
Title XXXIII - Evidence and Legal Advertisements
Chapter 492 - Oaths and Affirmations, Depositions and Perpetuation of Testimony
Section 492.010 - Officers and notary public authorized to administer oaths.
Section 492.030 - Parties may affirm, when.
Section 492.040 - Officer shall adopt mode most binding on conscience, when.
Section 492.050 - Parties to be sworn according to the ceremonies of their religion.
Section 492.060 - Persons deemed to have been lawfully sworn, when.
Section 492.080 - Depositions may be obtained conditionally.
Section 492.090 - Officers authorized to take depositions.
Section 492.100 - Commissioners of foreign courts may compel attendance of witnesses.
Section 492.110 - Witness residing out of this state, commission to issue.
Section 492.120 - Commission, how issued, to whom directed.
Section 492.130 - Power and duty of the officer under the commission.
Section 492.140 - What officers out of this state may take depositions without commission.
Section 492.155 - Powers of special commissioner — rulings on evidence, review.
Section 492.160 - Notice to be given if the party or his attorney resides in this state, how.
Section 492.170 - If they do not reside in this state, how.
Section 492.180 - Notice, how served on party or attorney.
Section 492.190 - By whom served.
Section 492.200 - When notice shall be served.
Section 492.210 - Time may be shortened by court or judge in vacation.
Section 492.220 - Commission to examine witnesses on interrogatories when awarded.
Section 492.230 - To whom directed.
Section 492.240 - Interrogatories to be annexed.
Section 492.250 - Command of the commission.
Section 492.260 - Officer to propound interrogatories.
Section 492.280 - Production of documentary evidence on taking of deposition, when.
Section 492.290 - Witnesses to be examined on oath.
Section 492.292 - Venue for deposition of employee of a publicly funded crime laboratory.
Section 492.300 - Adverse party may take depositions by giving notice, when.
Section 492.304 - Visual and aural recordings of child under fourteen admissible, when.
Section 492.320 - Residence of witness certified by officer.
Section 492.330 - Objections to competency or relevancy, how taken.
Section 492.340 - Deposition shall be submitted to witness for examination — signing of deposition.
Section 492.350 - Certificate of officer taking depositions.
Section 492.360 - Exhibits to be enclosed with depositions and directed to clerk.
Section 492.370 - What constitutes sufficient evidence of the authentication of depositions.
Section 492.380 - Official character of officer in the United States, how attested.
Section 492.390 - Official character of officer in foreign country, how attested.
Section 492.400 - When depositions may be read.
Section 492.410 - Evidence preserved in bill of exceptions may be used, how.
Section 492.420 - Depositions may be taken to perpetuate testimony, when.
Section 492.430 - Petition for commission to take depositions.
Section 492.440 - By whom and how issued — to whom directed.
Section 492.450 - Notice of time and place of taking depositions.
Section 492.460 - If person is minor, notice to be served upon whom.
Section 492.470 - Publication of notice to nonresidents.
Section 492.480 - General notice given, how and when.
Section 492.490 - Subpoenas to witnesses.
Section 492.500 - Duty of officer.
Section 492.510 - Questions put to witnesses to be reduced to writing.
Section 492.520 - Answers to be reduced to writing.
Section 492.530 - Power of adjournment.
Section 492.540 - Depositions, how certified and to whom delivered.
Section 492.550 - May be sent by mail or otherwise, when.
Section 492.560 - Duty of recorder on receiving deposition.
Section 492.570 - Depositions, legally taken, may be read, when.
Section 492.580 - Legal exceptions may be taken.
Section 492.590 - Costs and expenses of taking depositions, how awarded and collected — limitations.