One statute, governing procedure in non-judicial foreclosure, provides for notice by publication in “a newspaper of general circulation” as further defined. Another statute “allows a circuit court to establish procedures for newspapers seeking to be qualified, but does not require a newspaper to petition the court for approval in the absence of such procedures [,]” so appellants needed no circuit court approval to publish notice. Statutes require registration of fictitious names but do not void any conduct for failure to comply. Affidavits supported summary judgment with first-hand knowledge of material facts. “[T]he best evidence rule does not exclude evidence based on personal knowledge even if documents or other writings would provide some of the same information.” No genuine dispute existed as to the material facts established. A judgment that disposed of less than all claims among all parties, but disposed of all claims between two parties, was subject to certification.
Missouri Court of Appeals, Eastern District – ED109368
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