Section 9.16 Depositions

• Library: Sources of Proof (2014 Ed.)

2. (§9.16) Depositions

A witness’s deposition may be used by any party to impeach the witness at trial. Coulter v. Michelin Tire Corp., 622 S.W.2d 421 (Mo. App. S.D. 1981); Felton v. Hulser, 957 S.W.2d 394, 398 (Mo. App. W.D. 1997). To be used for this purpose, the deposition does not need to be signed because it is considered the equivalent of a prior inconsistent parol statement. Hutchinson v. Steinke, 353 S.W.2d 137 (Mo. App. E.D. 1962). A party is permitted to impeach its own witness by prior inconsistent statement, and the prior inconsistent statement is considered substantive evidence. Rowe v. Farmers Ins. Co., 699...