Motion for order compelling answer to interrogatory.
510.060. 1. Upon the refusal of a party to answer anyinterrogatory submitted under section 510.020, the proponent ofthe question may move the court, on reasonable notice to allpersons affected thereby, for an order compelling an answer. Ifthe motion is granted and if the court finds that the refusal waswithout substantial justification the court shall require therefusing party to pay to the examining party the amount of thecourt costs incurred in obtaining the order. If the motion isdenied and if the court finds that the motion was made withoutsubstantial justification, the court shall require the examiningparty to pay to the refusing party the amount of the court costsincurred in opposing the motion.
2. If any party or an officer, or general manager of acorporation refuses to obey an order made under subsection 1requiring him to answer designated questions, or an order madeunder section 510.030 to produce any document or other thing forinspection, copying, or photographing, or to permit it to bedone, or to permit entry upon land or other property, or an ordermade under section 510.040 requiring him to submit to a physicalor mental examination, the court may make such orders in regardto the refusal as are just, and among others the following:
(1) An order that the matters regarding which the questionswere asked or the character or description of the thing or land,or the contents of the paper, or the physical or mental conditionof the party or any other designated facts shall be taken to beestablished for the purposes of the action in accordance with theclaim of the party obtaining the order;
(2) An order refusing to allow the disobedient party tosupport or oppose designated claims or defenses, or prohibitinghim from introducing in evidence designated documents or thingsor items of testimony, or from introducing evidence of physicalor mental condition;
(3) An order striking out pleadings or parts thereof, orstaying further proceedings until the order is obeyed, ordismissing the action or proceeding or any part thereof, orrendering a judgment by default against the disobedient party.
3. If a party, after being served with a request undersection 510.050 to admit the genuineness of any documents or thetruth of any relevant matters of fact pertaining to suchdocuments, files and serves a written sworn denial thereof and ifthe party requesting the admissions thereafter proves thegenuineness of any such document or the truth of any such matterof fact pertaining to such documents, he may apply to the courtfor an order requiring the other party to pay him the court costsincurred in making such proof. Unless the court finds that therewere good reasons for the denial or that the admissions soughtwere of no substantial importance, the order shall be made.
4. If a party or an officer, or general manager of acorporation willfully fails to appear before the officer who isto take his deposition, after being served with a proper notice,or fails to return answers to interrogatories submitted undersection 510.020, after proper service of such interrogatories,the court on motion and notice may strike out all or any part ofany pleading of that party, or dismiss the action or proceedingor any part thereof, or enter a judgment by default against thatparty.
(L. 1943 p. 353 § 89)
(1977) Striking of pleadings and entry of default held proper where appellant twice refused to answer interrogatories. In re Marriage of Dickey (A.), 553 S.W.2d 518.
Motion for order compelling answer to interrogatory.
510.060. 1. Upon the refusal of a party to answer anyinterrogatory submitted under section 510.020, the proponent ofthe question may move the court, on reasonable notice to allpersons affected thereby, for an order compelling an answer. Ifthe motion is granted and if the court finds that the refusal waswithout substantial justification the court shall require therefusing party to pay to the examining party the amount of thecourt costs incurred in obtaining the order. If the motion isdenied and if the court finds that the motion was made withoutsubstantial justification, the court shall require the examiningparty to pay to the refusing party the amount of the court costsincurred in opposing the motion.
2. If any party or an officer, or general manager of acorporation refuses to obey an order made under subsection 1requiring him to answer designated questions, or an order madeunder section 510.030 to produce any document or other thing forinspection, copying, or photographing, or to permit it to bedone, or to permit entry upon land or other property, or an ordermade under section 510.040 requiring him to submit to a physicalor mental examination, the court may make such orders in regardto the refusal as are just, and among others the following:
(1) An order that the matters regarding which the questionswere asked or the character or description of the thing or land,or the contents of the paper, or the physical or mental conditionof the party or any other designated facts shall be taken to beestablished for the purposes of the action in accordance with theclaim of the party obtaining the order;
(2) An order refusing to allow the disobedient party tosupport or oppose designated claims or defenses, or prohibitinghim from introducing in evidence designated documents or thingsor items of testimony, or from introducing evidence of physicalor mental condition;
(3) An order striking out pleadings or parts thereof, orstaying further proceedings until the order is obeyed, ordismissing the action or proceeding or any part thereof, orrendering a judgment by default against the disobedient party.
3. If a party, after being served with a request undersection 510.050 to admit the genuineness of any documents or thetruth of any relevant matters of fact pertaining to suchdocuments, files and serves a written sworn denial thereof and ifthe party requesting the admissions thereafter proves thegenuineness of any such document or the truth of any such matterof fact pertaining to such documents, he may apply to the courtfor an order requiring the other party to pay him the court costsincurred in making such proof. Unless the court finds that therewere good reasons for the denial or that the admissions soughtwere of no substantial importance, the order shall be made.
4. If a party or an officer, or general manager of acorporation willfully fails to appear before the officer who isto take his deposition, after being served with a proper notice,or fails to return answers to interrogatories submitted undersection 510.020, after proper service of such interrogatories,the court on motion and notice may strike out all or any part ofany pleading of that party, or dismiss the action or proceedingor any part thereof, or enter a judgment by default against thatparty.
(L. 1943 p. 353 § 89)
(1977) Striking of pleadings and entry of default held proper where appellant twice refused to answer interrogatories. In re Marriage of Dickey (A.), 553 S.W.2d 518.
Motion for order compelling answer to interrogatory.
510.060. 1. Upon the refusal of a party to answer anyinterrogatory submitted under section 510.020, the proponent ofthe question may move the court, on reasonable notice to allpersons affected thereby, for an order compelling an answer. Ifthe motion is granted and if the court finds that the refusal waswithout substantial justification the court shall require therefusing party to pay to the examining party the amount of thecourt costs incurred in obtaining the order. If the motion isdenied and if the court finds that the motion was made withoutsubstantial justification, the court shall require the examiningparty to pay to the refusing party the amount of the court costsincurred in opposing the motion.
2. If any party or an officer, or general manager of acorporation refuses to obey an order made under subsection 1requiring him to answer designated questions, or an order madeunder section 510.030 to produce any document or other thing forinspection, copying, or photographing, or to permit it to bedone, or to permit entry upon land or other property, or an ordermade under section 510.040 requiring him to submit to a physicalor mental examination, the court may make such orders in regardto the refusal as are just, and among others the following:
(1) An order that the matters regarding which the questionswere asked or the character or description of the thing or land,or the contents of the paper, or the physical or mental conditionof the party or any other designated facts shall be taken to beestablished for the purposes of the action in accordance with theclaim of the party obtaining the order;
(2) An order refusing to allow the disobedient party tosupport or oppose designated claims or defenses, or prohibitinghim from introducing in evidence designated documents or thingsor items of testimony, or from introducing evidence of physicalor mental condition;
(3) An order striking out pleadings or parts thereof, orstaying further proceedings until the order is obeyed, ordismissing the action or proceeding or any part thereof, orrendering a judgment by default against the disobedient party.
3. If a party, after being served with a request undersection 510.050 to admit the genuineness of any documents or thetruth of any relevant matters of fact pertaining to suchdocuments, files and serves a written sworn denial thereof and ifthe party requesting the admissions thereafter proves thegenuineness of any such document or the truth of any such matterof fact pertaining to such documents, he may apply to the courtfor an order requiring the other party to pay him the court costsincurred in making such proof. Unless the court finds that therewere good reasons for the denial or that the admissions soughtwere of no substantial importance, the order shall be made.
4. If a party or an officer, or general manager of acorporation willfully fails to appear before the officer who isto take his deposition, after being served with a proper notice,or fails to return answers to interrogatories submitted undersection 510.020, after proper service of such interrogatories,the court on motion and notice may strike out all or any part ofany pleading of that party, or dismiss the action or proceedingor any part thereof, or enter a judgment by default against thatparty.
(L. 1943 p. 353 § 89)
(1977) Striking of pleadings and entry of default held proper where appellant twice refused to answer interrogatories. In re Marriage of Dickey (A.), 553 S.W.2d 518.
