Section 3.42 Effect as Judicial Admissions

• Library: Discovery 2015

Answers to interrogatories do not relieve a party from adducing evidence on a given fact. To accomplish that result, the party must usually resort to requests for admissions. Young v. Frozen Foods Express, Inc., 444 S.W.2d 35, 39–40 (Mo. App. E.D. 1969) (the agency was admitted in interrogatory answers and not contested at trial); Chandler v. New Moon Homes, Inc., 418 S.W.2d 130, 136 (Mo. banc 1967); see also §3.36, supra.

A garnishor’s failure to file exceptions is deemed to be a judicial admission that the...