Section 3.21 Effect of Evasive or Incomplete Answers

• Library: Discovery 2015

Rule 61.01(a) on sanctions 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 no timely supplementation of the answer is made (see §3.24, infra), the court has discretion to exclude at trial the witness or evidence that a complete answer would have disclosed. Bethell v. Porter, 595 S.W.2d 369, 377 (Mo. App. W.D. 1980); Hilmer v. Hezel, 492 S.W.2d 395, 397 (Mo. App. E.D. 1973); Mo. State Park Bd. v. McDaniel, 473...