492.340. Deposition shall be submitted to witness for examination — signing of deposition. — When the testimony is fully transcribed the deposition shall be submitted to the witness for examination and shall be read to or by him, unless such examination and reading are waived by the witness and by the parties. Any changes in form or substance which the witness desires to make shall be entered upon the deposition by the officer with a statement of the reasons given by the witness for making them. The deposition shall then be signed by the witness, unless the parties by stipulation waive the signing or the witness is ill or cannot be found, or is dead or refuses to sign. If the deposition is not signed by the witness, the officer shall sign it and state on the record the fact of the waiver or of the illness, or death or absence of the witness or the fact of the refusal to sign together with the reason, if any, given therefor; and the deposition may then be used as fully as though signed, unless on a motion to suppress the court holds that the reasons given for the refusal to sign requires rejection of the deposition in whole or in part.
Notes of Decisions
Capra v. Phillips Inv. Co., 302 S.W.2d 924 (Mo. 1957).
· cites it 7× “350, in effect for many years, provides that the certificate of the officer shall show “that the deposition or examination * * * was subscribed and sworn to by the witnesses * * Section 492.340 is part of our New Code of Civil Procedure.”
Healer v. Kansas City Pub. Serv. Co., 251 S.W.2d 66 (Mo. 1952).
· cites it 10× “Section 492.340 is: "When the testimony is fully transcribed the deposition shall be submitted to the witness for examination and shall be read to or by him, unless such examination and reading are waived by the witness and by the parties.”
State v. Benwire, 98 S.W.3d 618 (Mo. Ct. App. 2003).
· cites it 2× “Section 492.340 and the Audiotape: Finally, Benwire contends that the trial court erred and abused its discretion in permitting the State to play the audiotape of K.”
Drummond v. Hartford Fire Ins. Co., 343 S.W.2d 84 (Mo. Ct. App. 1960).
· cites it 5× “Section 492.340, V.A.M.S., part of our new Code of Civil Procedure, concerning depositions, reads: “When the testimony is fully transcribed the deposition shall be submitted to the witness for examination and shall be read to or by him, unless such examination and reading are…”
Byers Bros. Real Est. & Ins. Agency v. Campbell, 329 S.W.2d 393 (Mo. Ct. App. 1959).
· cites it 3× “Defendants take the position that inasmuch as there was nq waiver of signature by the witness or the parties and an alleged failure to follow the requirements of Section 492.340 RSMo 1949, V.A.M.S. permitting the filing of an *398 unsigned deposition under named conditions it…”
Coffel v. Spradley, 495 S.W.2d 735 (Mo. Ct. App. 1973).
· cites it 3× “22 (§ 492.340, RSMo 1969, V.A. M.S.) : “Depositions Shall be Submitted to Witness for Examination — Signing of Deposition.”
Tuttle v. Tomasino, 336 S.W.2d 683 (Mo. 1960).
· cites it 3× “” Section 492.340 RSMo 1949, V.A.M.S., and now S.”
Hutchinson v. Steinke, 353 S.W.2d 137 (Mo. Ct. App. 1962).
“Defendant cites Sections 492.340 and 492.400 RSMo 1949, V.”
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