Trial subpoenas commanding a witness to appear at trial and produce documents are governed by different rules than discovery subpoenas. Specifically, Sections 491.090-491.100, RSMo “confer upon [a] litigant the right to require the production of any document a litigant believes necessary to meet the issues raised in the action.” State ex rel. Rowland Group v….
Legal Articles
Requests for Additional Discovery Pending a Summary Judgment Motion
A party can typically only move for summary judgment in federal court after there has been an adequate time for discovery. What is “adequate” depends on the bases of the motion for summary judgment and how long the case has been pending. If a motion for summary judgment is filed, but more discovery needs to…
Asset/Property Discovery in Punitive Damage Claims
One factor for a jury/judge to consider in a request for a punitive damages is the nature and extent of a defendant’s particular assets or finances. The reasoning is that if punitive damages are meant as a deterrent for particularly egrious conduct, a higher amount is necessary to drive home the point if the defendant…
Fraud & Statute of Limitations
If a claim is not brought within the correct limitations period, it is barred. The statute of limitations analysis is not always easy, particularly for fraud/intentional misrepresentation. Fraud has nine elements: (1) a representation; (2) its falsity; (3) its materiality; (4) the speaker’s knowledge of its falsity or ignorance of its truth; (5) the speaker’s intent…
Discovery, Evidence, Destruction/Spoliation of Evidence
Often times the most taxing and time-consuming part of litigation is discovery. Discovery is the fact-finding process of a lawsuit. The most common discovery tools are interrogatories, requests for production, requests for admissions, and subpoenas for third-party document production/testimony. Cases usually sink and swim on the facts. Without facts and proof, a plaintiff cannot win…