Persons incompetent to testify--exceptions, children in certain cases.
491.060. The following persons shall be incompetent to testify:
(1) A person who is mentally incapacitated at the time of his or herproduction for examination;
(2) A child under ten years of age, who appears incapable ofreceiving just impressions of the facts respecting which the child isexamined, or of relating them truly; provided, however, that except asprovided in subdivision (1) of this section, a child under the age of tenwho is alleged to be a victim of an offense pursuant to chapter 565, 566 or568, RSMo, shall be considered a competent witness and shall be allowed totestify without qualification in any judicial proceeding involving suchalleged offense. The trier of fact shall be permitted to determine theweight and credibility to be given to the testimony;
(3) An attorney, concerning any communication made to the attorney bysuch attorney's client in that relation, or such attorney's advice thereon,without the consent of such client;
(4) Any person practicing as a minister of the gospel, priest, rabbior other person serving in a similar capacity for any organized religion,concerning a communication made to him or her in his or her professionalcapacity as a spiritual advisor, confessor, counselor or comforter;
(5) A physician licensed pursuant to chapter 334, RSMo, achiropractor licensed pursuant to chapter 331, RSMo, a licensedpsychologist or a dentist licensed pursuant to chapter 332, RSMo,concerning any information which he or she may have acquired from anypatient while attending the patient in a professional character, and whichinformation was necessary to enable him or her to prescribe and providetreatment for such patient as a physician, chiropractor, psychologist ordentist.
Child, under age ten years, witness in criminal trial, supreme court to develop jury instruction, RSMo 477.012
(1975) Examination of hospital records by hospital staff to determine qualifications of a staff physician does not violate physician-patient privilege. Klinge v. Lutheran Medical Center of St. Louis (A.), 518 S.W.2d 157.
(1975) Held that person calling his adversary is not bound by his testimony and may prove the contrary by other witnesses. Matter of Brown (A.), 527 S.W.2d 395.
(1976) Held that incompetency of attorney to testify to matter privileged by attorney client relationship survives death of client. McCaffrey v. Estate of Brennan (A.), 533 S.W.2d 264.
(1987) The physician-patient privilege created by subdivision (5) of this section applies only to physicians and statements made to a nurse employed by a hospital who at the time the statements were heard by the nurse was not working under the direction of any physician were not privileged. State v. Shirley, 731, S.W.2d 49 (Mo.App.S.D.).
(2001) Physician-patient privilege does not apply against an insurance company. Inghram v. Mutual of Omaha Ins. Co., 170 F.Supp.2d 907 (W.D.Mo.).
Persons incompetent to testify--exceptions, children in certain cases.
491.060. The following persons shall be incompetent to testify:
(1) A person who is mentally incapacitated at the time of his or herproduction for examination;
(2) A child under ten years of age, who appears incapable ofreceiving just impressions of the facts respecting which the child isexamined, or of relating them truly; provided, however, that except asprovided in subdivision (1) of this section, a child under the age of tenwho is alleged to be a victim of an offense pursuant to chapter 565, 566 or568, RSMo, shall be considered a competent witness and shall be allowed totestify without qualification in any judicial proceeding involving suchalleged offense. The trier of fact shall be permitted to determine theweight and credibility to be given to the testimony;
(3) An attorney, concerning any communication made to the attorney bysuch attorney's client in that relation, or such attorney's advice thereon,without the consent of such client;
(4) Any person practicing as a minister of the gospel, priest, rabbior other person serving in a similar capacity for any organized religion,concerning a communication made to him or her in his or her professionalcapacity as a spiritual advisor, confessor, counselor or comforter;
(5) A physician licensed pursuant to chapter 334, RSMo, achiropractor licensed pursuant to chapter 331, RSMo, a licensedpsychologist or a dentist licensed pursuant to chapter 332, RSMo,concerning any information which he or she may have acquired from anypatient while attending the patient in a professional character, and whichinformation was necessary to enable him or her to prescribe and providetreatment for such patient as a physician, chiropractor, psychologist ordentist.
Child, under age ten years, witness in criminal trial, supreme court to develop jury instruction, RSMo 477.012
(1975) Examination of hospital records by hospital staff to determine qualifications of a staff physician does not violate physician-patient privilege. Klinge v. Lutheran Medical Center of St. Louis (A.), 518 S.W.2d 157.
(1975) Held that person calling his adversary is not bound by his testimony and may prove the contrary by other witnesses. Matter of Brown (A.), 527 S.W.2d 395.
(1976) Held that incompetency of attorney to testify to matter privileged by attorney client relationship survives death of client. McCaffrey v. Estate of Brennan (A.), 533 S.W.2d 264.
(1987) The physician-patient privilege created by subdivision (5) of this section applies only to physicians and statements made to a nurse employed by a hospital who at the time the statements were heard by the nurse was not working under the direction of any physician were not privileged. State v. Shirley, 731, S.W.2d 49 (Mo.App.S.D.).
(2001) Physician-patient privilege does not apply against an insurance company. Inghram v. Mutual of Omaha Ins. Co., 170 F.Supp.2d 907 (W.D.Mo.).
Persons incompetent to testify--exceptions, children in certain cases.
491.060. The following persons shall be incompetent to testify:
(1) A person who is mentally incapacitated at the time of his or herproduction for examination;
(2) A child under ten years of age, who appears incapable ofreceiving just impressions of the facts respecting which the child isexamined, or of relating them truly; provided, however, that except asprovided in subdivision (1) of this section, a child under the age of tenwho is alleged to be a victim of an offense pursuant to chapter 565, 566 or568, RSMo, shall be considered a competent witness and shall be allowed totestify without qualification in any judicial proceeding involving suchalleged offense. The trier of fact shall be permitted to determine theweight and credibility to be given to the testimony;
(3) An attorney, concerning any communication made to the attorney bysuch attorney's client in that relation, or such attorney's advice thereon,without the consent of such client;
(4) Any person practicing as a minister of the gospel, priest, rabbior other person serving in a similar capacity for any organized religion,concerning a communication made to him or her in his or her professionalcapacity as a spiritual advisor, confessor, counselor or comforter;
(5) A physician licensed pursuant to chapter 334, RSMo, achiropractor licensed pursuant to chapter 331, RSMo, a licensedpsychologist or a dentist licensed pursuant to chapter 332, RSMo,concerning any information which he or she may have acquired from anypatient while attending the patient in a professional character, and whichinformation was necessary to enable him or her to prescribe and providetreatment for such patient as a physician, chiropractor, psychologist ordentist.
Child, under age ten years, witness in criminal trial, supreme court to develop jury instruction, RSMo 477.012
(1975) Examination of hospital records by hospital staff to determine qualifications of a staff physician does not violate physician-patient privilege. Klinge v. Lutheran Medical Center of St. Louis (A.), 518 S.W.2d 157.
(1975) Held that person calling his adversary is not bound by his testimony and may prove the contrary by other witnesses. Matter of Brown (A.), 527 S.W.2d 395.
(1976) Held that incompetency of attorney to testify to matter privileged by attorney client relationship survives death of client. McCaffrey v. Estate of Brennan (A.), 533 S.W.2d 264.
(1987) The physician-patient privilege created by subdivision (5) of this section applies only to physicians and statements made to a nurse employed by a hospital who at the time the statements were heard by the nurse was not working under the direction of any physician were not privileged. State v. Shirley, 731, S.W.2d 49 (Mo.App.S.D.).
(2001) Physician-patient privilege does not apply against an insurance company. Inghram v. Mutual of Omaha Ins. Co., 170 F.Supp.2d 907 (W.D.Mo.).
