Section 4.42 Generally

• Library: Discovery 2015

The deposition of an adverse party may be used for any purpose permitted by the Rules of Evidence applied as though the witness were testifying in person. Rule 57.07(a). See alsoParker v. Bruner, 686 S.W.2d 483 (Mo. App. S.D. 1984). If the deposition is offered for the purpose of admissions against interest, the statements contained in the deposition must be inconsistent with asserted claims. Kaiser v. Pearl, 670 S.W.2d 915 (Mo. App. E.D. 1984). Likewise, portions of a party’s deposition that are to be used as admissions against interest must be relevant and material. Moran v. N. Cnty. Neurosurgery, Inc., 714 S.W.2d 231 (Mo. App. E.D...