Missouri Interrogatories and Requests for Production - Personal Injury

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US-PI-0310
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Description

This form is a sample set of interrogatories and requests for production propounded to defendant by the plaintiff in a personal injury action.

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FAQ

Under Rule 56.01(b)(4)(B) of the Missouri Rules of Civil Procedure, a party may depose opposing experts to discover the facts and opinions to which the expert is expected to testify.

Rule 51.05 of the Missouri Rules of Civil Procedure states that every party has a right to change of judge upon application ? the ?one strike? rule. The application must be filed within 60 days of service of process or 30 days from designation of the trial judge, whichever is longer.

You can use interrogatories to find out facts about a case but they cannot be used for questions that draw a legal conclusion.

Without leave of court, interrogatories may be served on: (A) A plaintiff after commencement of the action, and (B) Any other party with or after the party was served with process, entered an appearance, or filed a pleading. (3) Service. Copies of the interrogatories shall be served on all parties not in default.

57.03. (a) When Depositions May Be Taken. (1) After commencement of the action, any party may take the testimony of any person, including a party, by deposition upon oral examination without leave of court, except as specified in paragraph (2) of this subdivision.

Issue: Under Missouri law, may a plaintiff seek discovery regarding affirmative defenses pled by a defendant? ?Missouri discovery rules allow so-called 'contention interrogatories,' which allow a party to discover the factual theory of the adversary's case. Rule 57.01(c).? State ex rel.

Limits on requests for admissions Under the new rule, a party is limited to 25 requests for admissions, unless the party gets permission from the court or agreement from the other side to exceed that limit. However, there is no limit to requests for admission regarding the genuineness of documents.

Missouri cases require an expert to produce at deposition the materials that the expert has reviewed in order that the opposing attorney be able to intelligently cross-examine the expert concerning what facts he used to formulate his opinion.

Missouri Supreme Court Rule 76.075 allows a debtor to claim exemption generally within 20 days after service has been completed.

57.05. (a) In Missouri. Within the State of Missouri, depositions shall be taken before an officer authorized by the laws of this State to administer oaths, or before a person appointed by the court in which the action is pending. A person so appointed has power to administer oaths and take testimony.

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Missouri Interrogatories and Requests for Production - Personal Injury