![]() Enter an order requiring the party failing to obey or the attorney advising the party or both to pay the reasonable expenses, including attorney fees, caused by the failure unless the court finds that the failure was substantially justified or that other circumstances make an award of expenses unjust.Enter an order treating as contempt of court the failure to obey or.Enter an order striking pleadings or parts thereof or staying further proceedings until the order is obeyed or dismissing the action or proceeding or any part thereof or render a judgment by default against the disobedient party.Enter an order refusing to allow the disobedient party to support or oppose designated claims or defenses or prohibiting the disobedient party from introducing designated matters in evidence.“he court may, upon motion and reasonable notice to other parties, take such action in regard to the failure as are just and among others the following:” A court may provide a remedy when a party fails to produce documents pursuant to a request for discovery or fails to respond to the request. If a motion to compel is unsuccessful in getting the documents, a motion for sanctions may be the next step. Local court rules also require a certification with the motion to compel. The federal rules require “a certification that the movant has in good faith conferred or attempted to confer with the person or party failing to make disclosure or discovery in an effort to obtain it without court action” with the motion to compel. The federal and state rules require that the parties attempt to resolve the issue before resorting to court action. A motion to compel discovery is a request for the court to order the opposing side to disclose or produce discovery. If that fails, a court order is the next option. If after serving discovery, the Rambo litigator fails to produce documents you are entitled to, attempt to resolve the issue by conferring with opposing counsel first. ![]() Not only is relevant information discoverable, but so is the “existence, description, nature, custody, condition and location of any books, documents or other tangible things and the identity and location of persons having knowledge of any discoverable matter.” The requested information does not have to be admissible to be discoverable “if the information sought appears reasonably calculated to lead to the discovery of admissible evidence.” Any party may then serve upon the other party a request to “produce and permit the party making the request … to inspect and copy” any designated documents or “test, or sample any tangible things” which are relevant, not privileged, and proportional to the needs of the case. ![]() Under the Missouri Supreme Court Rules, “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… provided the discovery is proportional to the needs of the case considering the totality of the circumstances…” Any document that is not privileged, is relevant to the subject matter involved, and is proportional is discoverable through depositions, written interrogatories, requests for production of documents, mental or physical examinations, and requests for admission. “Hiding the Ball:” Make Sure You Get Documents and Discovery That You Are Entitled To DIRTY TRICKS THAT YOU NEED TO LOOK OUT FORĪ.
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