PURPOSE: This rule explains the manner in which discovery may be obtained.

1. (1) Any party may obtain discovery in the manner, upon or under the same conditions and upon the same notice and other requirements as is or may be provided for with respect to discovery in civil actions by rule of the Supreme Court of Missouri for use in the circuit court.

2. (2) Written Interrogatories; Production of Documents or Things or Permission to Enter Upon Land or Other Property, For Inspection and Other Purposes; and Physical and Mental Examinations.

   1. (A) A party serving written interrogatories; production of documents or things or permission to enter upon land or other property, for inspection and other purposes; and physical and mental examinations, shall include a certificate of service in substantially the following form:

I served the original and (number of) copies of these (written interrogatories/ production of documents or things or permission to enter upon land or other property, for inspection and other purposes/physical and mental examinations/requests for admission) on (name of parties) this _______ day of ______________, 20______.

(Signature)___________________________ The party shall file a copy of the certificate with the commission. The party shall not file written interrogatories; production of documents or things or permission to enter upon land or other property, for inspection and other purposes; and physical and mental examinations with the commission unless the commission so orders. The party may file requests for admissions with the commission. The party shall serve the original discovery on the interrogated party’s counsel or on an unrepresented interrogated party, and copies on all other counsel or unrepresented parties.

1. (B) Requests for admission and interrogatories shall include appropriate spaces for answers or objections.
2. (C) The party responding to requests for admissions or interrogatories shall complete them by typewriting or printing the answer or objection to each question in the space provided. If the space is insufficient, the party shall reply by affidavit, clearly indicate so in the space provided, and attach the affidavit to the interrogatories or requests for admissions. Each response shall include a certificate of service in substantially the following form:

I served the original of these completed (written interrogatories/requests for admission) on (name of party) and sent (number of) copies to (name of parties) this ___________ day of ________________, 20_______.

(Signature)___________________________

The responding party shall file the certificate of service with the commission and shall not file the response unless the commission so orders. The responding party shall serve the original completed response on the interrogating party and copies on all other parties.

1. (3) Whenever a party files a motion to compel compliance with any discovery request, to sanction another party for failing to respond or responding inadequately to any discovery request, or alleging violation of any discovery rule, the moving party shall certify in its motion that it has made reasonable efforts to contact the party who is the subject of the motion and inform the commission as to what steps the moving party has taken to resolve informally the discovery dispute or alleged discovery rule violation. The party seeking relief shall attach a copy of any disputed discovery to that motion.
2. (4) No discovery or response to discovery shall be considered as evidence unless it is admitted into evidence at hearing, or authenticated and attached to a motion for disposition without hearing, as an exhibit.
3. (5) No discovery order that requires a physical or mental examination, permits entrance upon land or inspection of property without permission of the owner, or purports to hold any person in contempt shall be enforceable, unless the party seeking such enforcement obtains an order of the circuit court of the county in which the hearing will be held, or the circuit court of Cole County, at the option of the person seeking enforcement. This section does not apply to a case filed under section 407.822, RSMo Supp. 2001.

AUTHORITY: section 621.198, RSMo Supp. 2001.* Original rule filed Aug. 5, 1991, effective Feb. 6, 1992. Amended: Filed June 3, 2002, effective Nov. 30, 2002.

*Original authority: 621.198, RSMo 1965, amended 1978, 2001.