Section 2.3 Limitations Generally

• Library: Discovery 2015

The following are general limitations in discovery:

• Privileged matters are not discoverable. See §§2.19–2.28 infra.

• There must be a showing of substantial need and inability, without undue hardship, to obtain a substantial equivalent in order to discover trial preparation materials. See §§2.29–2.31 infra.

• The scope of discovery may be limited, in appropriate cases, by way of protective orders under Rule 56.01(c). See §2–2.39, infra.

• Good cause must be shown to obtain a mental or physical examination, and it can only be obtained concerning conditions in controversy. Rule 60.01(a).

• The courts exercise discretion in weighing the need for the information against the burden of obtaining or producing it. Not only are discovery requests considered in light of the scope of discovery generally, but courts also consider:

Ø the need of the requesting party for the information;

Ø the burden on the responding party in furnishing the information; and

Ø whether the information can be adequately furnished in a less intrusive, less burdensome, or less expensive manner than that designated by the requesting party.

State ex rel. Anheuser v. Nolan, 692 S.W.2d 325 (Mo. App. E.D. 1985); see also:

Ø State ex rel. Whitacre v. Ladd, 701 S.W.2d 796 (Mo. App. E.D. 1985)

Ø State ex rel. Hoffman v. Campbell, 428 S.W.2d 904 (Mo. App. E.D. 1968)

Ø State ex rel. Wohl v. Sprague, 711 S.W.2d 583 (Mo. App. E.D. 1986)

Ø State ex rel. Ford v. Adolf, 724 S.W.2d 612...