X

Legal Memorandum: Production of Documents and Things in MO

Issue: Under Missouri law, is a showing of good cause required when seeking to have a plaintiff produce an exemplar of the item in dispute when it is no longer available on the market?

Area of Law: Litigation & Procedure, Personal Injury & Negligence
Keywords: Produce an exemplar of the item in dispute; Showing of good cause
Jurisdiction: Federal, Missouri
Cited Cases: None
Cited Statutes: Rule 58.01 of the Missouri Rules of Civil Procedure
Date: 12/01/2013

While Rule 58.01 of the Missouri Rules of Civil Procedure does not require a showing of good cause (Rule 34(a) used to), the fact that a product component is no longer available for purchase further justifies ordering production of an exemplar.  See Electric Ins. Co. v. BrassCraft Mfg. Co., 10-cv-435-PB, 2012 U.S. Dist. LEXIS 61226 (D.N.H. May 2, 2012) (compelling manufacturer of nut used in water-supply line to produce 100 exemplar nuts). 

[…]

Subscribe to Litigation Pathfinder

To get the full-text of this Legal Memorandum ... and more!

(Month-to-month and annual subscriptions available)