State Codes and Statutes
Statutes > Missouri > T33 > C491 > 491_010Witness's interest does not disqualify--exception--statements ofdeceased persons and incompetents and other parties to thetransaction--abrogation of deadman statute.
491.010. 1. No person shall be disqualified as a witness inany civil suit or proceeding at law or in equity, by reason ofhis interest in the event of the same as a party or otherwise,but such interest may be shown for the purpose of affecting hiscredibility.
2. In any such suit, proceeding or probate matter, where oneof the parties to the contract, transaction, occurrence or causeof action, or his agent in such matter, is dead or is shown to beincompetent, and the adverse party or his agent testifies withrespect thereto, then any relevant statement or statements madeby the deceased party or agent or by the incompetent prior to hisincompetency, shall not be excluded as hearsay, provided that intrials before a jury, the trial judge shall first determine byvoir dire examination out of the hearing of the jury that thedeclarant would have been a competent witness and that hisalleged statement or statements would have been admissible inevidence if he were available to testify.
3. The provisions of this section shall apply to all trialscommenced after September 28, 1985.
(RSMo 1939 § 1887, A.L. 1983 S.B. 44 & 45, A.L. 1985 S.B. 35, et al.)Prior revisions: 1929 § 1723; 1919 § 5410; 1909 § 6354
