492.155. Powers of special commissioner--rulings on evidence, review.
Powers of special commissioner--rulings on evidence, review.
492.155. 1. The special commissioner, for the purpose oftaking the depositions and certifying and returning them asrequired by law, possesses the same power and authority and issubject to the same duties and obligations as are now orhereafter conferred and imposed by law on officers authorized totake depositions.
2. The special commissioner also has the power and authorityto hear and determine all objections to testimony and evidenceand to admit or exclude the same in the same manner and to thesame extent as the court would have in the trial of the causebefore the court.
3. Whenever the special commissioner sustains objections totestimony or evidence, the party against whom the ruling is madehas the right to have the ruling reported by the specialcommissioner to the court. It is the duty of the specialcommissioner to report the same at such time as he deemsadvisable either during or immediately after the close of thetaking of depositions in the cause to the court.
4. Upon the report being presented to the court, the courtshall forthwith pass upon the ruling so reported and make anorder affirming or reversing it. In the event the ruling isreversed, the court shall enter an order of record directing thespecial commissioner to admit the testimony or evidence soexcluded.
5. Whenever the special commissioner reports his ruling tothe court, he shall adjourn the taking of depositions to suchtime and place as he may direct and enforce the attendance of anywitness thereat by attachment or otherwise, so as to enable aparty to have any question answered which he has ruled out andwhich the court may direct to be answered, together with suchother questions as may appear proper under the ruling of thecourt reversing the special commissioner.
(RSMo 1939 § 1923, A.L. 1959 S.B. 247 § 492.150)Prior revisions: 1929 § 1759; 1919 § 5446; 1909 § 6390