Motion to Compel Depositions in Missouri

Background

“The purpose of pretrial discovery includes facilitating and expediting the preparation of cases for trial, guarding against surprise and concealment, reducing delay, and assisting in determining the truth.” (See Tate v. Dierks, (2020) 608 S.W.3d 799, 804.)

“Rule 56.01(b) governs the scope of discovery. Pursuant to that rule, parties may obtain discovery regarding any matter, not privileged, that is relevant to the subject matter involved in the pending action.” (See Humane Society of Missouri v. Beetem (2010) 317 S.W.3d 669, 672.)

General Information for Complaints and Motions

“The rules of discovery are designed to allow the litigants to determine the facts prior to trial, obtain access to information about the respective contentions, to preserve evidence, prevent concealment and unjust surprise, and formulate issues for trial.” (See Moore v. Weeks (2002) 85 S.W.3d 709, 722.)

“The discovery sought need not be admissible at trial, but must appear reasonably calculated to lead to the discovery of admissible evidence. The party seeking to obtain discovery has the burden of establishing the relevance of the information in order to obtain it.” (See Humane Society of Missouri v. Beetem (2010) 317 S.W.3d 669, 672.)

“Under the current discovery rules, the purposes of discovery are to eliminate concealment and surprise, to assist litigants in determining facts prior to trial, and to provide litigants with access to proper information through which to develop their contentions and to present their sides of the issues as framed by the pleadings.” (See id.)

Standard of Review and Burdens of Proof

“Trial courts have broad discretion in administering rules of discovery, which this Court will not disturb absent an abuse of discretion.” (See Tate v. Dierks (2020) 608 S.W.3d 799, 803.)

“More specifically, [t]he trial court has broad discretion in admitting or excluding testimony on the basis of nondisclosure in interrogatories.” (See id.)

“Reversal of a discretionary ruling is warranted only when the lower court ruling is clearly against the logic of the circumstances then before the court and is so arbitrary and unreasonable as to shock the sense of justice and indicate a lack of careful consideration.” (See id.)

“[I]f reasonable men can differ about the propriety of the action taken by the trial court, then it cannot be said that the trial court abused its discretion.” (See id.)

“Discretionary rulings are presumed correct and the appellant has the burden of proving that there has been error.” (See id.)

The Court’s Decisions

It is well settled that “the rules of discovery are designed to preserve evidence and to prevent unjust surprise during litigation.” (See Moore Automotive v. Goffstein (2010) 301 S.W.3d 49, 55.)

It is well settled that “the attorney-client privilege prohibits the discovery of confidential communications, oral or written, between an attorney and his client with reference to . . . litigation pending or contemplated.” (See Ratcliff v. Sprint, (2008) 261 S.W.3d 534, 546.)