Section 4.47 Generally

• Library: Discovery 2015

Rule 57.07(a) establishes that the deposition of a nonparty witness may be used for any purpose. For instance, the deposition of a nonparty witness who is present at trial may be used to impeach or contradict that witness’s trial testimony. See, e.g.,Pettus v. Casey, 358 S.W.2d 41 (Mo. 1962); Lawton v. Jewish Hosp. of St. Louis, 679 S.W.2d 370 (Mo. App. E.D. 1984). The deposition of a nonparty witness may also be used to exclude the trial testimony of the witness that is inconsistent with the deposition testimony. Thus, in Commercial Distribution Center, Inc. v. St. Regis Paper Co., 689 S.W.2d 664 (Mo. App. W.D. 1985), an expert testified in his deposition that he had not examined certain plans but that, if he did so, he would notify counsel. The witness apparently later did examine the plans but...