PURPOSE: This rule explains the manner in which discovery may be obtained. 1 CSR 15-5-ADMINISTRATION

1. (1) Any party may obtain discovery in the same manner, upon or under the same condi. tions 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) Requests for Admissions, Interrogatories and Requests for Production or Inspection.

   1. (A) Apartyservingrequestsforadmissions, interrogatories and requests for production 07 inspection, shall include a certificate of service in substantially the following form: I served the original and (number ofi copies of these (interropatories/requests for admissions) on (name of parties) this -day of

Attorney

The party shall file a copy of the certificate with the commission. The party shall not file interrogatories or requests for document production or inspection 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 unrepresentedinterrogated 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 jinterrogatories/reauests for admissions) on (name of party) and sent (numberofl copies to (name of parties) this ~ day of

Attorney The responding party shall file the certificate of service with the commission and shall not file the response unless the commissibn 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 torespondor responding inadequately to any discovery Division

request, or alleging violation of any discovery rule! the moving party in its motion shall certify 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.

1. (4) Nodiscoveryorresponsetodiscoveryshall 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.

   Auth: section 621.198, RSMo (1986).* Original rule filed Aug. $1991, effectiue Feb. 6,1992. *Original authority 196.5, amended 1978.