November 23, 2021

Effective July 1, 2022

In re:

(1)  Repeal of subdivision (a) of subdivision 59.01, entitled "Request for and Effect of Admissions," of Rule 59, entitled "Admission of Facts and of Genuineness of Documents," and in lieu thereof adoption of a new subdivision (a) of subdivision 59.01, entitled "Request for and Effect of Admissions."

(2)  Repeal of subdivision (c) of subdivision 61.01, entitled "Failure to Make Discovery: Sanctions," of Rule 61, entitled "Enforcement of Discovery: Sanctions," and in lieu thereof adoption of a new subdivision (c) of subdivision 61.01, entitled "Failure to Make Discovery: Sanctions."

1.  It is ordered that, effective July 1, 2022, subdivision (a) of subdivision 59.01 of Rule 59 be and the same is hereby repealed and a new subdivision (a) of subdivision 59.01 is adopted in lieu thereof to read as follows:

(a) Scope. After commencement of an action, a party may serve upon any other party no more than 25 written requests for the admission, without leave of court or stipulation of the parties, for purposes of the pending action only, of the truth of any matters within the scope of Rule 56.01(b) set forth in the request that relate to statements or opinions of fact or of the application of law to fact, including the genuineness or foundation of any documents described in the request. However, the limitation on the number of requests for admission specified by this Rule 59.01 shall not apply to requests for admission regarding the genuineness or admissibility of documents.

(1) The request for admissions shall have included at the beginning of said request the following language in all capital letters, boldface type, and a character size that is as large as the largest character size of any other material in the request:

(2) Except in cases where the provisions of Chapter 517 apply, a failure to timely respond to requests for admissions in compliance with this Rule 59.01 shall result in each matter being admitted. 

In cases where the provisions of Chapter 517 apply, upon a party's failure to timely respond to requests for admissions the court may, upon motion and reasonable notice to the parties, take such actions in regard to the failure to respond as are just, and among others the following:

(i) Grant a non-responding party additional time to respond;

(ii) Order no response be required; 

(iii) Order the requests for admissions be revised, or reformatted and served again, or served again in a specific manner or place; or 

(iv) Order any proper request for admission be deemed admitted in the pending action against the non-responding party.

*     *     *

2.  It is ordered that, effective July 1, 2022, subdivision (c) of subdivision 61.01 of Rule 61 be and the same is hereby repealed and a new subdivision (c) of subdivision 61.01 is adopted in lieu thereof to read as follows:

61.01  FAILURE TO MAKE DISCOVERY: SANCTIONS

*     *     *

(c) Failure to Answer Request for Admissions. If a party, after being served with a request to admit the genuineness of any relevant documents or the truth of any relevant and material matters of fact, fails to serve answers or objections thereto, as required by Rule 59.01, the genuineness of any relevant documents or the truth of any relevant and material matters of fact contained in the request for admissions shall be taken as admitted, except in cases where the provisions of Chapter 517 apply. In such cases, where the non-answering party has failed to serve proper answers or objections thereto, such admissions shall not be deemed admitted unless the court has granted such relief pursuant to Rule 59.01(a) or Rule 59.01(f).

If a party fails to admit the genuineness of any document or the truth of any matter as requested under Rule 59.01, and if the party requesting the admissions thereafter proves the genuineness of the document or the truth of the matter, the party requesting the admissions may apply to the court for an order requiring the other party to pay the reasonable expenses incurred in making that proof, including reasonable attorney fees. The court shall make the order unless it finds that:

(1) The request was held objectionable pursuant to Rule 59.01;

(2) The admission sought was of no substantial importance;

(3) The party failing to admit had reasonable grounds to believe that such party might prevail on the matter; or

(4) There was other good reason for the failure to admit.

*     *     *

3.  It is ordered that notice of this order be published in the Journal of The Missouri Bar.

4.  It is ordered that this order be published in the South Western Reporter.