Effective - 02 Jan 1979
492.150. Special commissioner appointed when, qualifications — time and place of depositions — enforcement of subpoenas issued by other officer. — 1. When the witness is found in this state, the deposition may be taken by the proper officer without any commission or order of the court or clerk except that whenever a notice is given, as required by law, in a cause pending in any circuit court of any county or of the city of St. Louis to take such deposition, the party upon whom such notice is served, as provided by law, may, at any time after the service of such notice and before the taking of such deposition shall be commenced, after having given the party or his attorney of record on whose behalf such notice was served, one day's written notice by delivering a copy thereof to all adverse parties or their attorneys of record, of his intention to apply for the appointment of a special commissioner to take such deposition and of the time and place of making such application, make an application, accompanied by a service copy of the notice of application, to the court or to the judge thereof to appoint a special commissioner to take such deposition under such notice. The court or judge may, in its or his discretion, appoint a special commissioner to take the deposition. Such commissioner shall be an attorney of record, disinterested and of no kin to any party in the cause and may be a resident of any county or the city of St. Louis. The court or judge shall designate in the order the time and place for the taking of the deposition by the special commissioner but thereafter the commissioner may continue such taking from time to time.
2. The special commissioner shall alone be authorized to take the depositions but any subpoena which has been issued by an authorized officer and has been served upon the witness, as required by law, commanding his presence at the time and place designated in the notice is sufficient to require the attendance of the witness before the special commissioner at the time and place designated in the order appointing the special commissioner. In the event the witness does not attend in obedience to the subpoena, the special commissioner is authorized to compel his attendance by attachment as if the subpoena had been issued by him under the authority conferred on him by law.
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(RSMo 1939 § 1923, A.L. 1959 S.B. 247, A.L. 1978 H.B. 1634)
Prior revisions: 1929 § 1759; 1919 § 5446; 1909 § 6390
Effective 1-02-79
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.