Section 19.40 Generally

• Library: Family Law Deskbook and 2014 Supp

A. (§19.40) Generally

The trial court has broad discretion to control discovery and to impose sanctions for discovery violations. In re Marriage of Rogers, 300 S.W.3d 567, 572 (Mo. App. S.D. 2009). Rule 61 addresses the imposition of sanctions for failure to make discovery. Its application to specific family law cases lies within the sound discretion of the trial court, and the exercise of that discretion will not be disturbed on review unless it is unjust. State ex rel. Common v. Darnold, 120 S.W.3d 788 (Mo. App. S.D. 2003); Whitworth v. Whitworth, 878 S.W.2d 479 (Mo. App. W.D. 1994).

Rule 61.01(a) provides that objections to discovery must be timely made. Any failure to comply with discovery rules will not be excused on the ground that the discovery sought is objectionable unless the party in fact has filed timely objections. Id. An evasive or incomplete answer is treated as a failure to answer. Id.; In re Marriage of Rogers, 300 S.W.3d at 572.

Sanctions that...