Section 3.40 Evidence Excluded

• Library: Discovery 2015

In the following cases, evidence was refused that had not been revealed in answers to interrogatories:

· In Bethell v. Porter, 595 S.W.2d 369, 377 (Mo. App. W.D. 1980), a mechanic’s lien case, the defendant was not permitted to introduce the testimony of a witness who had not been revealed in answer to an interrogatory inquiring about experts who had examined the real estate in question even though the defendant contended that the witness’s testimony related to the deficiencies and inadequacies of the plaintiff’s work as opposed to the value of the property.

· In Stanford v. Morgan, 588 S.W.2d 89, 91–92 (Mo. App. W.D. 1979), the plaintiff was not permitted to present evidence of expenses for consultations with a psychologist or the testimony of the psychologist when the psychologist’s identity had not been revealed in answers to interrogatories. Additionally, it was held that there was no abuse of discretion by the trial court refusing to permit a half‑day recess of the trial, dismissal without prejudice, or amendment to answers to interrogatories.

· In Schaeffer v. Ciba Geigy Corp., 568 S.W.2d 580, 581 (Mo. App. W.D. 1978), the plaintiff was not permitted to introduce evidence on a...