Section 3.10 Statements of a Party

• Library: Discovery 2015

“A transcript of a tape recording is a statement within the terms of Rules 56.01 and 57.01(b).” McManemin v. McMillin, 157 S.W.3d 304, 307 n.4 (Mo. App. S.D. 2005).

State ex rel. Missouri Pacific Railroad Co. v. Koehr, 853 S.W.2d 925, 926–27 (Mo. banc 1993), holds that surveillance photographs or videos constitute a “statement” of a party and are discoverable under Rule 56.01(b)(3). The defendant objected that the interrogatories sought work product. The Court held that the plain language of Rule 56.01(b)(3)...