Adverse party may be compelled to testify in civil cases
In a civil court case, one side can force the other side to get on the stand and answer questions as a witness. The person being called to testify has to follow the same rules as any other witness. The side that called them can also be questioned by the other side, just like in a normal cross-examination.
491.030. may be led to in . — Any to any or may compel any adverse party, or any person for whose immediate and adverse such is instituted, or defended, to testify as a in his behalf, in the same manner and subject to the same s as other witnesses; provided, that the party so called to testify may be examined by the opposite party, under the rules applicable to the of witnesses.
(RSMo 1939 § 1889)
Prior revisions: 1929 § 1725; 1919 § 5412; 1909 § 6356
(1969) Held, the to the rule that a party may not impeach his own witness exists where the witness is confronted with his own . Wells v. Gofort (Mo. Banc), 443 S.W.2d 155.
(1976) Held, where called as his witness he is not bound by his unless it is the only testimony in the case on that point. Lamb v. Heiligers (A.), 532 S.W.2d 820.
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Convicts competent witnesses
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Persons incompetent to testify
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Legal information, not legal advice. Always confirm with the official source at revisor.mo.gov.