Legal Memorandum: Burden of Proof and Protective Orders in MO

Issue: What is the standard burden in Missouri for a party’s motion to seek a protective order from discovery?

Area of Law: Litigation & Procedure
Keywords: Protective order; Burden of proof; Discovery
Jurisdiction: Federal, Missouri
Cited Cases: 71 S.W.3d 602
Cited Statutes: Mo. R. Civ. P. 56.01(c)
Date: 12/01/2013

The party seeking the protective order bears the burden of proving that good causes exists for the order.  Mo. R. Civ. P. 56.01(c); State ex rel. Ford Motor Co. v. Messina, 71 S.W.3d 602, 607-09 (Mo. banc 2002) (good cause was shown to bar deposition of top Ford executives because, inter alia, inquiry was “tangential” and information was available through other means, the need for discovery was slight, and executives showed that having to appear for deposition would be burdensome, expensive and oppressive).


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