Section 5.14 Uncontroverted Evidence

• Library: Evidence 2017

X. (§5.14) Uncontroverted Evidence

General Rule: The trier of fact is free to believe all, none, or part of a witness’s testimony, even when the testimony is uncontradicted.

“‘The rule is established in this State that the triers of fact under their duty to weigh the evidence may disbelieve evidence although it is uncontradicted and unimpeached.’” Krispy Kreme Doughnut Corp. v. Dir. of Revenue, 488 S.W.3d 62, 67–68 (Mo. banc 2016) (quoting State ex rel. Rice v. Pub. Serv. Comm’n, 220 S.W.2d 61, 65 (Mo. banc 1949)).

“[W]hen the burden of proof is placed on a party for a claim that is denied, the trier of fact has the right to believe or disbelieve that party’s...