Section 11.13 Necessity

• Library: Civil Trial Practice 2015 Supp

A. (§11.13) Necessity

An assignment of error regarding the exclusion of testimony cannot be considered on appeal in the absence of a showing in the trial court of what the testimony would have been and that it was relevant and material. State Farm Mut. Auto. Ins. Co. v. DeCaigney, 927 S.W.2d 907, 911 (Mo. App. W.D. 1996); In re S__ G. G__, 779 S.W.2d 45, 52 (Mo. App. S.D. 1989).

A very narrow exception exists when:

· there is a complete understanding, based on the record, of the excluded testimony;

· the...