Section 9.4 What Kinds of Information You Are Entitled to Get

• Library: Sources of Proof (2014 Ed.)

3. (§9.4) What Kinds of Information You Are Entitled to Get

Rule 56.01(b) provides for the general scope of all discovery unless limited by a specific rule. “Parties may obtain discovery regarding any matter, not privileged, that is relevant to the subject matter involved in the pending action.” Rule 56.01(b)(1). As with all discovery, the standard is not whether the interrogatory asks for information that will be admissible in evidence. Instead, questions are relevant if they are calculated to lead to the discovery of admissible evidence. Id.

One of the main advantages to interrogatories is the duty of the responding party to supply information gained through research or the compilation of data. See Rule 57.01(c) (requiring a party to provide “available” information); State ex rel. Gamble Constr. Co. v. Carroll, 408 S.W.2d 34 (Mo. banc 1966). Answering parties that are individuals must disclose information that is known to them personally, as well as that known or possessed by their attorneys, investigators, insurers, agents, and representatives. See State ex rel. Pete Rhodes Supply Co. v. Crain, 373 S.W.2d 38, 42 (Mo. banc 1963). Interrogatories may not be used to gather collateral information from a party’s agents or representatives that the party does not know or have reason to know. Willis v. Brot...