If someone challenges a legal document in court and shows that the person who swore to prove it was not allowed to be a witness, then that document cannot be used as evidence. It stays out of court unless other proper proof is brought in to back it up.
490.440. Shall not be until. — If the contesting the of any such shall make it appear that such proof was taken upon the of an , neither such instrument nor the shall be received in evidence until established by other .
(RSMo 1939 § 3438)
Prior revisions: 1929 § 3051; 1919 § 2210; 1909 § 2821
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Related Missouri laws
Shall not be conclusive evidence, when
RSMo 490.430
Error in name
RSMo 490.450
Certified copy thereof read in evidence
RSMo 490.420
Copies of public contracts
RSMo 490.460
Acknowledged instruments affecting realty
RSMo 490.410
Copies of official bonds
RSMo 490.470
Legal information, not legal advice. Always confirm with the official source at revisor.mo.gov.