Section 5.7 Trial Preparation Materials, Work Product Privilege, and Other Privileges

• Library: Discovery 2015

Documents that fall within one of Missouri’s privileges are not discoverable unless the privilege has been waived. But documents shielded by the work product doctrine are not entitled to categorical protection.

If a request seeks materials or things prepared by the party or the party’s counsel in anticipation of litigation, the responding party can object under Rule 56.01(b)(3). If a document is withheld for privilege, the party asserting a privilege has the burden of establishing the claimed privilege. See Ratcliff v. Sprint Mo., Inc.,261 S.W.3d 534, 549 (Mo. App. W.D. 2008); State ex rel. Ford Motor Co. v. Westbrooke, 151 S.W.3d 364, 367 (Mo. banc 2004). The objecting party must identify the nature of the documents or things not being produced so that the requesting party and the court can assess the applicability of the privilege. Rule 58.01(c)(3). While the Missouri Supreme Court Rules do not set forth any method or format for how this information should be provided...