Missouri Protective Order - Civil Trial

State:
Multi-State
Control #:
US-PI-0048
Format:
Word; 
Rich Text
Instant download

Description

This form is a sample protective order for use in a personal injury action requiring the parties to maintain the confidentiality of certain information.
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FAQ

(a) Scope. Unless otherwise stipulated or ordered by the court, any party may serve upon any other party no more than 25 written interrogatories, including all discrete subparts. Interrogatories may relate to any matter that can be inquired into under Rule 56.01.

Rule 56.01(g): The Order added language requiring all parties to make reasonable efforts to cooperate for the purpose of minimizing the burden and expense of discovery.

Sanctions can be monetary, such as requiring one party to pay the other parties attorneys' fees and/or imposing a monetary fine, or they can hamper a party's ability to put on their case.

(b) Time. A subpoena to a non-party shall be served not fewer than 10 days before the time specified for compliance. (c) Notice to Parties. The party serving a subpoena on a non-party pursuant to Rule 58.02(a) shall provide a copy of the subpoena to every party as if it were a pleading.

Parties may obtain discovery regarding any matter, not privileged, that is relevant to the subject matter involved in the pending action, whether it relates to the claim or defense of the party seeking discovery or to the claim or defense of any other party, including the existence, description, nature, custody, ...

?All parties shall make reasonable efforts to cooperate for the purpose of minimizing the burden or expense of discovery.? Better known as the ?Golden Rule Letter,? it should be attached to a motion to compel to evidence to the court that a good-faith effort has been made.

?Rule 52.12(b) permits intervention in three instances: '(1) when allowed by statute; (2) when an applicant's claim or defense and the main action have a question of law or fact in common; or (3) when the state is seeking intervention in a case raising constitutional or statutory challenges.

The biggest surprise is that it's an offer you can't refuse. You are not invited or asked to give a deposition. You receive a subpoena and are ordered to appear. In other words: While you don't have to talk to a police officer, you do have to testify when subpoenaed to give a deposition.

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Missouri Protective Order - Civil Trial