Section 16.33 Proving Nonexistence of Fact or Nonoccurrence of Event

• Library: Evidence 2017

4. (§16.33) Proving Nonexistence of Fact or Nonoccurrence of Event

Counsel may also use this exception to prove the nonexistence or nonoccurrence of an event. In Boyer v. City of Potosi, 77 S.W.3d 62 (Mo. App. E.D. 2002), one of the issues was whether the mayor improperly removed the police chief from office. The mayor alleged that the city council voted to remove the chief of police, but the city clerk testified that the city council’s minutes showed that no such vote was taken. The court held that it was proper under a variant...