Legal Articles

Dead Man's Statute

Section 491.010, RSMo contains Missouri’s version of the so-called “Dead Man’s Statute.” It provides, in relevant part, that “in any…suit…where one of the parties…or his agent…is dead or is shown to be incompetent…then any relevant statement or statements made by the decedent party or agent or by the incompetent prior to his incompetency, shall not…

Medical Testimony, Experts

Depending on the nature of the case (e.g., medical malpractice, trust/will challenges for lack of capacity or undue influence, etc.), medical testimony is often crucial. The qualification of a physician as an expert is generally within the trial court’s substantial discretion. Ponciroli v. Wyrick, 573 S.W.2d 731, 735 (Mo.Ct.App.1978). Generally, a practicing physician, even when…

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