Affidavit stating amount charged was reasonable and necessary, effect
In a Missouri civil court case, if someone wants to prove that a service charge was fair and needed, they can file a sworn written statement (affidavit) saying so. That statement alone is enough evidence for a judge or jury to agree. The statement must be filed and sent to all other parties at least 30 days before trial. If another party disagrees, they must file their own sworn written statement within 30 days of receiving the first one, and at least 14 days before trial, explaining why they disagree. That opposing statement must be made by someone with real knowledge or training on the subject.
490.525. stating amount charged was reasonable and necessary, effect — — — , requirements — notice. — 1. This section shall apply to filed in any court of this state.
2. Unless a ing affidavit is filed as provided by this section, an affidavit that the amount a person charged for a service was reasonable at the time and place that the service was provided and that the service was necessary is sufficient to support a by judge or jury that the amount charged was reasonable or that the service was necessary.
3. The affidavit shall:
(1) Be taken before an officer with to ;
(2) Be made by the person or that person's who provided the service;
(3) Include an of the service and charge.
4. The offering the affidavit in evidence or the party's attorney shall file the affidavit with the and serve a copy of the affidavit on each other party to the case at least thirty days before the day on which evidence is first presented at the trial of the case.
5. A party intending to controvert a reflected by the affidavit shall file a counteraffidavit with the clerk of the court and serve a copy of the counteraffidavit on each other party or the party's :
(1) Not later than:
(a) Thirty days after the day he receives a copy of the affidavit; and
(b) At least fourteen days before the day on which evidence is first presented at the trial of the case; or
(2) With , at any time before the of evidence at trial.
6. The counteraffidavit shall give reasonable notice of the basis on which the party it intends at trial to controvert the claim reflected by the initial affidavit and must be taken before a person to administer oaths. The counteraffidavit shall be made by a person who is qualified, by knowledge, skill, , training, education or other expertise, to in contravention of all or part of any of the matters contained in the initial affidavit.
Tap any gold-underlined word to see what it means.
Source & history notes
(L. 1993 S.B. 88, A.L. 2004 S.B. 1211)
Related Missouri laws
Proof of partnership
RSMo 490.520
Affidavit taken in another state before notary public or associate circuit judge
RSMo 490.530
Proof of endorsement of notes
RSMo 490.510
Affidavit taken in another state before clerk or judge
RSMo 490.540
Record copy of lost instrument
RSMo 490.500
Affidavit to be filed in court before trial
RSMo 490.550
Legal information, not legal advice. Always confirm with the official source at revisor.mo.gov.