Section 4.43 Use as Proof of Substantive Facts or Admissions Against Interest

• Library: Discovery 2015

An adverse party’s deposition may be used in a party’s case-in-chief. See:

· Gibson v. Newhouse, 402 S.W.2d 324 (Mo. 1966)

· M.P. Indus., Inc. v. Axelrod, 706 S.W.2d 589 (Mo. App. E.D. 1986)

· Wilt v. Moody, 254 S.W.2d 15 (Mo. 1953)

This is true even though the party is present and has testified. Teachenor v. DePriest,600 S.W.2d 122 (Mo. App. S.D. 1980). The same is true as to admissions by the representative of a corporate party. United Servs. of Am., Inc. v. Empire Bank of Springfield, 726 S.W.2d 439 (Mo. App. S.D. 1987). It is not necessary that the party be given notice of the portions of his or her deposition that the opponent intends to read as admissions. Parker v. Bruner, 686 S.W.2d 483 (Mo. App. S.D. 1984); cf. Coulter v. Michelin Tire Corp., 622 S.W.2d 421 (Mo. App. S.D. 1981); City of Town & Country v. St. Louis Cnty.,657 S.W.2d 598 (Mo. banc 1983).

To be used as an admission against interest, before January 1, 2015, the deposition had to be signed, the signature waived, or the deposition otherwise approved by the party. SeeWestinghouse Elec. Supply Co. v. Binger, 230 S.W.2d 166 (Mo. App. E.D. 1950); Will Docter Meat Co. v. Hotel Kingsway, 232 S.W.2d 821 (Mo. App. E.D. 1950). Under amendments to Rule 57.03(f) effective January 1, 2015, an unsigned deposition may be used at trial unless, upon consideration of a motion to suppress, the...