adverse witness rule (Missouri) · Go Syfert
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adverse witness rule in Missouri

9 Missouri opinions name it 1 courts 1986–2001 0 in the last five years

The cases below were cited by Missouri courts in a sentence that names this issue. Sides come from how each citing opinion treated the case (Syfertize flag on that citation), so a case can appear on both: that is where the law is contested. A red or yellow chip is the case's own overall treatment.

Followed or applied (3)

CaseFollowedCited
Hurlock v. Park Lane Medical Center, Inc.green
moctapp · 1986 · cited in 6 Missouri opinions naming this issue, 1990–1998
2 sentences

1998Id.

1990“When a party calls a witness who comes within the adverse witness rule, the party is bound by the testimony of such witness adduced on direct examination if the testimony is uncontradicted or is the only evidence on the subject; however, testimony adduced on cross-examination of an adverse witness is not binding on the calling party.” Hurlock v. Park Lane Medical Center, Inc., 709 S.W.2d 872, 879 (Mo.App.1985).

16
Eidson v. Reproductive Health Servicesgreen
moctapp · 1993 · cited in 2 Missouri opinions naming this issue, 1999–2001
2 sentences

2001Id.

1999“When a party calls a witness who comes within the adverse witness rule, the party is bound by that witness’s testimony on direct examination if the testimony is uncontradicted or the only testimony on the subject; however, an adverse witness’s testimony on cross-examination is not binding on the calling party.” Eidson v. Reproductive Health Services, 863 S.W.2d 621, 626 (Mo.App.1993).

12
Taylor v. Riddlegreen
mo · 1964 · cited in 1 Missouri opinions naming this issue, 1986–1986
1 sentence

1986Taylor v. Riddle, 384 S.W.2d 569, 573-74 (Mo.1964). *880 Additionally, a duty rests on a party-plaintiff to make a submissible case by substantial evidence of probative force and to remove the case from the realm of speculation, conjecture and surmise.

11

Distinguished, questioned or overruled (0)

CaseNegativeCited
No negative-treatment citations attached to this issue in Missouri. Read the followed side critically anyway.

Also cited on this issue (1)

CaseCitedYears
Estate of Hosmer v. Hosmer green
moctapp · 1980
1 sentence

1990Also see Hosmer v. Hosmer, 611 S.W.2d 32 (Mo.App.1980).

11990–1990

Where else courts name it

MO 9 (1986–2001) VA 4 (2006–2024) IL 4 (2007–2010) CT 3 (1998–2019) DC 2 (1984–1991) PA 2 (1976–2005)

Opinions by the citing court's state. A doctrine retained in one state and abandoned in another shows up here as a year span that stalls.

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