Effective 28 Aug 1959

492.155. Powers of special commissioner — rulings on evidence, review. — 1. The special commissioner, for the purpose of taking the depositions and certifying and returning them as required by law, possesses the same power and authority and is subject to the same duties and obligations as are now or hereafter conferred and imposed by law on officers authorized to take depositions.

2. The special commissioner also has the power and authority to hear and determine all objections to testimony and evidence and to admit or exclude the same in the same manner and to the same extent as the court would have in the trial of the cause before the court.

3. Whenever the special commissioner sustains objections to testimony or evidence, the party against whom the ruling is made has the right to have the ruling reported by the special commissioner to the court. It is the duty of the special commissioner to report the same at such time as he deems advisable either during or immediately after the close of the taking of depositions in the cause to the court.

4. Upon the report being presented to the court, the court shall forthwith pass upon the ruling so reported and make an order affirming or reversing it. In the event the ruling is reversed, the court shall enter an order of record directing the special commissioner to admit the testimony or evidence so excluded.

5. Whenever the special commissioner reports his ruling to the court, he shall adjourn the taking of depositions to such time and place as he may direct and enforce the attendance of any witness thereat by attachment or otherwise, so as to enable a party to have any question answered which he has ruled out and which the court may direct to be answered, together with such other questions as may appear proper under the ruling of the court reversing the special commissioner.

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(RSMo 1939 § 1923, A.L. 1959 S.B. 247 § 492.150)

Prior revisions: 1929 § 1759; 1919 § 5446; 1909 § 6390