Section 2.19 General Provisions

• Library: Discovery 2015

Rule 56.01(b)(1) limits discovery to matters “not privileged.”

“[P]rivilege[ ],” as used in Rule 56.01(b)(1), refers to any professionally oriented communication between attorney and client, and it does not refer to work product, which is material prepared in anticipation of litigation or for trial. State ex rel. Seitrich v. Franklin, 761 S.W.2d 756 (Mo. App. S.D. 1988).

When a privilege is asserted, the burden rests on the party claiming the privilege to establish that the sought-after information is...