Mo. Rev. Stat. » Chapter 491
Missouri Revised Statutes

Mo. Rev. Stat. § 491.070 (2026)

Cross-examination of witnesses

✓ current as of May 2026
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  491.070.  Cross-examination of witnesses — scope. — A party to a cause, civil or criminal, against whom a witness has been called and given some evidence, shall be entitled to cross-examine said witness (except where a defendant in a criminal case is testifying in his own behalf) on the entire case, but this shall not be construed to entitle a defendant who has pleaded a counterclaim or setoff in a civil case to cross-examine a plaintiff's witness in respect thereto, but as to said counterclaim or setoff such witness (if examined by defendant in relation thereto) shall be deemed defendant's witness and be so examined in the course of the trial.

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(RSMo 1939 § 1891)

Prior revisions: 1929 § 1727; 1919 § 5414; 1909 § 6358

Notes of Decisions
Cited in 26 cases (1 in the last 5 years), 1956–2024 · leading case: Moore v. Ford Motor Co., 332 S.W.3d 749 (Mo. 2011).
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Moore v. Ford Motor Co., 332 S.W.3d 749 (Mo. 2011). · cites it 2× “banc 1999); see also § 491.070 ("A party to a cause, civil or criminal, against whom a witness has been called and given some evidence, shall be entitled to cross-examine said witness .”
McDowell v. Missouri Dep't of Transp., 529 S.W.3d 898 (Mo. Ct. App. 2017). · cites it 8× “7 3 because it violated Employer’s federal and state constitutional due process rights 4 and right to cross-examination under section 491.070. 5 Employer’s second point claims “there was not sufficient competent evidence” supporting the award for psychological injury because…”
State v. Gaines, 316 S.W.3d 440 (Mo. Ct. App. 2010). · cites it 2× “Analysis Section 491.070 1 provides that “[a] party to a cause, civil or criminal, against whom a witness has been called and given some evidence, shall be entitled to cross-examine said witness (except where a defendant in a criminal case is testifying in his own behalf) on the…”
State v. Lingle, 140 S.W.3d 178 (Mo. Ct. App. 2004). · cites it 3× “See § 491.070; State v. Gardner, 8 S.W.3d 66, 72 (Mo.”
Meadows v. Meadows, 330 S.W.3d 798 (Mo. Ct. App. 2011). · cites it 6× “” In his third point relied on, Husband asserts trial court error in “not allowing” him to appear at trial because he was denied the right to cross-examine Wife, as guaranteed by section 491.070. In our review of Point I, we note with regard to prisoner access to the courts,…”
State v. Gardner, 8 S.W.3d 66 (Mo. 2000). · cites it 2× “Section 491.070 authorizes examination on the “entire case.”
State v. Williams, 603 S.W.2d 562 (Mo. 1980). · cites it 2× “He asserts that proof of prior convictions by cross-examination as authorized by § 491.070 RSMo 1969, extends beyond the scope of the direct testimony and compels him to testify against himself.”
King v. Copp Trucking, Inc., 853 S.W.2d 304 (Mo. Ct. App. 1993). · cites it 3× “Section 491.070, RSMo 1986. Such party may ask leading questions during cross-examination of the witness.”
Doe v. Alpha Therapeutic Corp., 3 S.W.3d 404 (Mo. Ct. App. 1999). · cites it 2× “]” Section 491.070. Further, the right to cross-examine a witness who has testified for the adverse party is absolute and not a mere privilege.”
Hyde v. Butsch, 861 S.W.2d 819 (Mo. Ct. App. 1993). · cites it 3× “Section 491.070, RSMo 1986 provides: “A party to a cause, civil or criminal, against whom a witness has been called and given some evidence, shall be entitled to cross-examine said witness .”
Gardner v. State, 96 S.W.3d 120 (Mo. Ct. App. 2003). · cites it 4× “” He said he believed that the prosecution “would not be allowed to cross-examine her about any prior statements she made to others about wanting her husband dead.”
State v. Parker, 543 S.W.2d 236 (Mo. Ct. App. 1976). · cites it 2× “Third, the cross-examination was permissible pursuant to § 491.070 RSMo 1969, which, in its material part, provides: “A party to a cause, civil or criminal, against whom a witness has been called and given some evidence, shall be entitled to cross-examine said witness (except…”
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