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Missouri Court Rules
Missouri Rules of Civil ProcedureRules Governing Civil Procedure in the Circuit Courts
Rule 55 - Pleading, Motions, And Hearings
Rule 55.28 - Evidence on Motions

Mo. R. Civ. P. 55.28

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As amended through November 19, 2024
Rule 55.28 - Evidence on Motions

When a motion is based on facts not appearing of record the court may hear the matter on affidavits presented by the respective parties, but the court may direct that the matter be heard wholly or partly on oral testimony or depositions.

Mo. R. Civ. P. 55.28

Adopted Jan. 19, 1973, eff. 9/1/1973.

Committee Note - 1974

This is the same as Rule 43(e) of the Federal Rules of Civil Procedure. It is broader than prior Rule 55.31(b) as it allows the use of oral testimony and depositions as well as affidavits.