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
Produce an exemplar of the item in dispute; Showing of good cause
Rule 58.01 of the Missouri Rules of Civil Procedure
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).
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