Section 26 Interrogatories and Other Discovery

• Library: Personnel Hearings 2011

The courts have held that Chapter 536, RSMo, does not authorize interrogatories and other methods of discovery in contested personnel cases. The law allows only those methods of discovery specifically enumerated. In National Advertising Co. v. State Highway Commission,
549 S.W.2d 536, 541 (Mo. App. E.D. 1977), the court stated:

[W]e have examined the question of the use of interrogatories in such proceedings. The act provides for administrative review pursuant to 563.067 to 536.090, RSMo 1969. Such a procedure is statutory and is governed by the legislative enactment. We find no authority under that statute for the use of interrogatories. Depositions, subpoenas and subpoena duces tecum are provided for. Sections 536.070 and 536.073. Interrogatories are not mentioned. In the absence of such provision we must construe the statute to authorize only those methods of discovery specifically enumerated, and...