492.090. Officers authorized to take depositions.
Officers authorized to take depositions.
492.090. Depositions may be taken by some one of thefollowing officers:
(1) If taken within this state, by some judge, justice,associate circuit judge, notary public or clerk of any courthaving a seal, in vacation of court, mayor or chief officer of acity or town having a seal of office;
(2) If taken without this state, by some officer out of thisstate appointed by authority of the laws of this state to takedepositions, or by some consul or commercial or diplomaticrepresentative of the United States, having a seal, or mayor orchief officer of any city, town or borough, having a seal ofoffice, or by some judge, justice of the peace, or other judicialofficer, or by some notary public, within the government wherethe witness may be found.
(RSMo 1939 § 1920)Prior revisions: 1929 § 1756; 1919 § 5443; 1909 § 6387
(1988) Nonparty deposition of out-of-state witness taken by telephone is permissible and proper evidence for jury to consider. Patton v. May Dept. Stores Co., 762 S.W.2d 38 (Mo.banc).