Effective - 28 Aug 1959
492.155. Powers of special commissioner — rulings on evidence, review. — 1. The special commissioner, for the purpose of taking the depositions and certifying and returning them as required by law, possesses the same power and authority and is subject to the same duties and obligations as are now or hereafter conferred and imposed by law on officers authorized to take depositions.
2. The special commissioner also has the power and authority to hear and determine all objections to testimony and evidence and to admit or exclude the same in the same manner and to the same extent as the court would have in the trial of the cause before the court.
3. Whenever the special commissioner sustains objections to testimony or evidence, the party against whom the ruling is made has the right to have the ruling reported by the special commissioner to the court. It is the duty of the special commissioner to report the same at such time as he deems advisable either during or immediately after the close of the taking of depositions in the cause to the court.
4. Upon the report being presented to the court, the court shall forthwith pass upon the ruling so reported and make an order affirming or reversing it. In the event the ruling is reversed, the court shall enter an order of record directing the special commissioner to admit the testimony or evidence so excluded.
5. Whenever the special commissioner reports his ruling to the court, he shall adjourn the taking of depositions to such time and place as he may direct and enforce the attendance of any witness thereat by attachment or otherwise, so as to enable a party to have any question answered which he has ruled out and which the court may direct to be answered, together with such other questions as may appear proper under the ruling of the court reversing the special commissioner.
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(RSMo 1939 § 1923, A.L. 1959 S.B. 247 § 492.150)
Prior revisions: 1929 § 1759; 1919 § 5446; 1909 § 6390
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.