Section 19.38 Admission of Facts and Genuineness of Documents

• Library: Family Law Deskbook and 2014 Supp

IX. (§19.38) Admission of Facts and Genuineness of Documents

The purpose of requests for admission is to expedite trial by establishing certain facts and narrowing the issues that must be determined. Felton v. Hulser, 957 S.W.2d 394 (Mo. App. W.D. 1997). The only limitation on the scope of requests for admissions is that they concern matters within the scope of Rule 56.01(b), which limits discovery to relevant and material issues. Requests may seek admissions on matters in dispute, including ultimate issues and matters on which the requesting party has the burden of proof. Dynamic Computer Solutions, Inc. v. Midwest Mkt. Ins. Agency, L.L.C., 91 S.W.3d 708 (Mo. App. W.D. 2002); Linde v. Kilbourne, 543 S.W.2d 543 (Mo. App. W.D. 1976); cf. J.R. Meade Co. v. Forward Constr. Co., 526 S.W.2d 21, 30 (Mo. App. E.D. 1975) (admission addressed an issue of law and was not the proper subject of a request for admission).

A request for admissions is objectionable if it requires the disclosure of privileged communications, e.g., attorney-client, physician-patient, etc. Rule 56.01(b)(1). Requests for admission also exceed their proper scope if they seek to annoy, embarrass, or burden the answering party. Rule 56.01(c). In such a case, the answering party should apply for a protective order under Rule 56.01(c).

The admission of facts and genuineness of documents discovery tool is sometimes useful in confirming signatures on documents, the genuineness of documents, or...