Issue: What is the distinction between Mo. R. Civ. P. 58.01(a)(1) and (2)?
Area of Law:
Litigation & Procedure
Distinction; Request the production of a tangible thing; Permit entry upon designated land or other property
Mo. R. Civ. P. 58.01(a)(1) and (2)
Mo. R. Civ. P. 58.01(a)(1) and (2) have a different purposes. Rule 58.01(a) is stated in the disjunctive: the party can request the production of a tangible thing within the scope of discovery for inspection, copying, testing or sampling, see r. 58.01(a)(1), or to be permitted to enter “upon designated land or other property in the possession or control for the purpose of inspection and measuring, surveying, and photographing, testing or sampling the property or any designated object or operation thereon, within the scope of rule 56.01(b),” r. 58.01(a)(2).
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