Supreme Court of Missouri
en banc

In re:

Correction of order of June 21, 2005, amending Rules 57.01 and 58.01 relating to interrogatories and requests for production


1.  By order of June 21, 2005, this Court adopted a new subdivision 57.01(c)(1) of Rule 57 and a new subdivision 58.01(c)(1) and a new subdivision 58.01(e) of Rule 58.  The order is included in volume 161 - 163 South Western Reporter, Third, Missouri Cases series, beginning at page XXIII.  The Court hereby corrects the order so that subdivision 57.01(c)(1), subdivision 58.01(c)(1), and subdivision 58.01(e) shall read as follows:

57.01  INTERROGATORIES TO PARTIES


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(c) Response.


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(1) When the Response is Due.  Responses shall be served within 30 days after the service of the interrogatories.  A defendant, however, shall not be required to respond to interrogatories before the expiration of 45 days after the earlier of:
(A) The date the defendant enters an appearance, or
(B) The date the defendant is served with process.
The court may allow a shorter or longer time.


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58.01  PRODUCTION OF DOCUMENTS AND THINGS AND ENTRY
UPON LAND FOR INSPECTION AND OTHER PURPOSES


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 (c) Response. 


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(1) When Response is Due.  Responses shall be served within 30 days after the service of the request.  A defendant, however, shall not be required to respond to the request before the expiration of 45 days after the earlier of:
(A) The date the defendant enters an appearance, or
(B) The date the defendant is served with process.  
The court may allow a shorter or longer time.


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(e) Enforcement.  The party submitting the request may move for an order under Rule 61.01(b) with respect to any objection or other failure to respond to the request or any part thereof or any failure to permit inspection as requested.

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

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

Day - to - Day

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MICHAEL A. WOLFF
Chief Justice