Section 3.36 Impeachment and Admissions Against Interest

• Library: Discovery 2015

Answers to interrogatories may be used for impeachment or as admissions against interest. Pyles v. Bos Lines, Inc., 427 S.W.2d 790, 792 (Mo. App. E.D. 1968); see also State ex rel. Williams v. Buzard, 190 S.W.2d 907, 909–10 (Mo. banc 1945). In addition, the answers may be used as admissions in a subsequent case between the same parties. Wills v. Townes Cadillac‑Oldsmobile, Inc., 490 S.W.2d 257, 260 (Mo. 1973).

Answers to interrogatories are not true judicial admissions and may be explained or contradicted at trial. Smith v. Trans World Airlines, Inc., 358 S.W.2d 91, 94 (Mo. App. W.D. 1962); McClanahan v. Deere & Co., 648 S.W.2d 222, 229 (Mo. App. S.D. 1983). But an admission against interest comprises any statement of a party that is inconsistent with the party’s contentions at trial and can include answers to interrogatories made in another case even if the statement is of an ultimate fact. The trier of fact has discretion to determine whether statements are admissions and...