Section 3.41 Other Uses of Answers

• Library: Discovery 2015

Interrogatory answers may be used in connection with a motion for summary judgment under Rule 74.04, Nat’l Motor Club of Mo., Inc. v. Noe, 475 S.W.2d 16, 19 (Mo. 1972), but they must be brought to the attention of the opponent before the opponent has a duty to respond to them, Brown v. Upjohn Co., 655 S.W.2d 758, 759–60 (Mo. App. E.D. 1983). Answers to interrogatories, provided under oath, may create a genuine issue of material fact preventing summary judgment. Bank of Am., N.A. v. Reynolds, 348 S.W.3d 858, 862 (Mo. App. W.D. 2011).

In American Family Insurance Group v. Wilcoxson, 572 S.W.2d 222, 223 (Mo. App. W.D. 1978), the appellate court indicated that a document attached to answers to interrogatories could be considered in connection with a motion to dismiss on the basis that the plaintiff was not the real party in...