Section 9.3 Who to Send to and What to Send

• Library: Sources of Proof (2014 Ed.)

2. (§9.3) Who to Send to and What to Send

Interrogatories may only be sent to other parties to the action, but the party does not need to be adverse. Rule 57.01(a). To compel nonparties to share information, counsel must issue a deposition subpoena, or a subpoena duces tecum if documents are to be produced. See Rule 57.09; §9.12, infra.

Standard interrogatory forms are readily available, and most every firm and lawyer has a set they prefer. Counsel should check the local rules of the jurisdiction in which the case is pending to determine whether form interrogatories exist. If they do, they are likely mandatory. For instance, the local rules of the Twenty-Second Judicial Circuit (St. Louis City) mandate the use of approved interrogatories and state that objections will not be entertained for auto accident, Federal Employers’ Liability Act (45 U.S.C. §§ 51 et seq.), medical negligence, and slip-and-fall cases. 22^nd Judicial Cir. Rs. 31.7 and 32.2. All of the City’s standard interrogatories can be found online at the court’s website:

www.stlcitycircuitcourt.com/index2.html?XMLFile=xml/CourtFormsGeneral.xml

As of the writing of this chapter, the authors are aware of standard interrogatories for the following circuits, other than the Twenty-Second:

· Eighth Judicial Circuit (Carroll and Ray Counties), Appendix to the Rules of the Circuit Court of the Eighth Judicial Circuit, Form C, Domestic Relations Cases—Opening Interrogatories. III MISSOURI COURT RULES p. 276 (Westlaw 2013)

· Thirteenth Judicial Circuit (Boone and Callaway

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