§101 Scope

• Library: Evidence Restated Deskbook (2021 Ed.)

§101 Scope

These sections restate the evidentiary principles applied in proceedings in Missouri courts.

Notes

The evidentiary principles stated in this volume are generally applicable to all civil and criminal cases. But the legislature has excluded some of the principles from application in certain proceedings. See, e.g.:

Child abuse. A privileged communication, except that between an attorney and the client or involving communications made to a minister or clergyperson, is not applicable to situations involving known or suspected child abuse. Section 210.140, RSMo 2016.

Termination of parental rights. Privileged communications, except those between priest, minister, or rabbi and parishioner, or between an attorney and the client, do not constitute grounds for excluding evidence at any proceeding for the termination of parental rights. Section 211.459.4, RSMo 2016.

Paternity proceedings:

· Rules of evidence do not need to be observed in an informal hearing held before a master to determine paternity. Section 210.832.1, RSMo 2016.

· The testimony of a physician concerning the medical circumstances of pregnancy and the condition and characteristics of the child upon birth are not privileged. Section 210.832.3.

· An expert's report is to be admitted as evidence of the blood or tissue test results stated in the report without the need of foundation testimony or other proof of authenticity or accuracy:

unless a written motion containing specific factual allegations challenging the testing procedures, the chain of custody of the blood or tissue specimens, or the results has been filed and served on each party, and the motion is sustained by the court or an administrative agency not less than thirty days before the trial.

Section 210.834.5, RSMo 2016.

· "The mother of the child and the alleged father are competent to testify and may be compelled to testify." Section 210.839.1, RSMo 2016.

· "Testimony relating to sexual access to the mother at a time other than the probable period of conception of the child is inadmissible in evidence." Section 210.839.2.

· Evidence offered by an alleged or presumed father with respect to a man who is not subject to the jurisdiction of the court concerning his sexual intercourse with the mother is admissible "only if he has undergone and made available to the court the results of blood tests which do not exclude the possibility of his paternity of the child." Section 210.839.3.

Permanency proceeding—child removed...