Section 19.41 Failure to Answer Interrogatories

• Library: Family Law Deskbook and 2014 Supp

B. (§19.41) Failure to Answer Interrogatories

Rule 61.01(a) treats an evasive or incomplete answer as a “failure to answer,” thereby enabling a party to seek sanctions under Rule 61.01(b). In addition, if timely supplementation of the answer was not made, the court has discretion to exclude at trial the witness or evidence that a complete answer would have disclosed. See:

Redfield v. Beverly Health & Rehab. Servs., Inc., 42 S.W.3d 703 (Mo. App. E.D. 2001), overruled on other grounds by Sides v. St. Anthony’s Med. Ctr., 258 S.W.3d 811 (Mo. banc 2008)

Washington ex rel. Washington v. Barnes Hosp., 897 S.W.2d 611 (Mo. banc 1995)

Hilmer v. Hezel, 492 S.W.2d 395 (Mo. App. E.D. 1973)

Mo. State Park Bd. v. McDaniel, 473 S.W.2d 774 (Mo. App. S.D. 1971)

Will v. Carondelet Sav. & Loan Ass’n, 508 S.W.2d 711 (Mo. App. E.D. 1974)

Betheell v. Porter, 595 S.W.2d 369 (Mo. App. W.D. 1980)

...