Section 4.8 Irregularities and Defects of Notice

• Library: Discovery 2015

The requirements concerning notice of taking depositions may be waived by stipulation under Rule 56.01(f), or a stipulation on the record at deposition may cure defective notice. In addition, any objection to notice will be considered waived by a party’s attendance and participation in a deposition or if a motion to suppress is not presented to the court before trial. See H___ v. D___, 373 S.W.2d 646 (Mo. App. S.D. 1963); Edson v. Fahy, 330 S.W.2d 854 (Mo. 1960). The same is true if a party does not file a...