510.030. Production of documents, papers, tangibles — statements previously made, definition, obtained, how. — 1. Upon motion of any party showing good cause therefor and upon notice to all other parties, the court in which an action is pending may:
(1) Order any party to produce and permit the inspection and copying or photographing, by or on behalf of the moving party, of* any designated documents, papers, books, accounts, letters, photographs, objects, or tangible things, not privileged, which constitute or contain evidence material to any matter involved in the action and which are in his possession, custody, or control; or
(2) Order any party to permit entry upon designated land or other property in his possession or control for the purpose of inspecting, measuring, surveying, sampling, or photographing the property or any designated relevant object or operation thereon. The order shall specify the time, place, and manner of making the inspection and taking the copies and photographs and may prescribe such terms and conditions as are just.
2. A party may obtain without the required showing a statement concerning the action or its subject matter previously made by that party. For purposes of this subsection, a statement previously made is a written statement signed or otherwise adopted or approved by the person making it, or a stenographic, mechanical, electrical, audio, video, motion picture or other recording, or a transcription thereof, of the party or of a statement made by the party and contemporaneously recorded.
Notes of Decisions
State Ex Rel. Terminal R.R. v. Flynn, 257 S.W.2d 69 (Mo. 1953).
· cites it 15× “was proceeding under Section 510.030 RSMo 1949, V.A.M.S., which is in-part, as follows: “Upon motion of any party showing good cause therefor and upon notice to all other parties, the court in which an action is pending may * * * order any party to produce and permit the…”
State Ex Rel. Whitacre v. Ladd, 701 S.W.2d 796 (Mo. Ct. App. 1985).
· cites it 7× “Effective January 1, 1945 a new code of civil procedure was enacted which included § 510.”
State v. Garton, 371 S.W.2d 283 (Mo. 1963).
· cites it 4× “497: ‘Assuming, without deciding, that defendant would have the benefit of Section 510.030 RSMo 1949, V.A.M.S., pertaining to the production of documents and papers in civil cases, she did not bring herself within the terms of the statute.”
State Ex Rel. Headrick v. Bailey, 278 S.W.2d 737 (Mo. 1955).
· cites it 6× “The statutory authority for an order to produce certain documents is found in Section 510.030, R. S. 1949, V.A.M.S., the pertinent part of which is: “Upon motion of any party showing good cause therefor * * #, the court in which an action is pending may * * * order any party to…”
Stuckey v. State, 756 S.W.2d 587 (Mo. Ct. App. 1988).
· cites it 2× “As Stuckey correctly points out in his brief, § 510.030, RSMo (1986) specifically limits the discovery of documents to those which are not privileged.”
Warner v. Terminal R. Ass'n of St. Louis, 257 S.W.2d 75 (Mo. 1953).
· cites it 3× “(relating to interrogatories); and Section 510.030 RSMo 1949, V.A.M.S. (relating to the production of documents, etc.”
Want v. Leve, 574 S.W.2d 700 (Mo. Ct. App. 1978).
· cites it 2× “1969, and (2) that breach of an employment contract for an indefinite term gave rise to no cause of action, and simultaneously filed “Defendant’s Objection to Plaintiff’s Motion for the Inspection of Books and Papers” on the grounds that it was a fishing expedition and exceeded…”
State v. Kelton, 299 S.W.2d 493 (Mo. 1957).
· cites it 3× “Assuming, without deciding, that defendant would have the benefit of Section 510.030 RSMo 1949, V.A.M.S., pertaining to the production of documents and papers in civil cases, she did not bring herself within the terms of the statute.”
State Ex Rel. Phelps v. McQueen, 296 S.W.2d 85 (Mo. 1956).
· cites it 3× “It authorizes, upon order of the court, the issuance of a subpoena duces tecum at the taking of depositions in civil cases.”
State Ex Rel. R. W. Filkey, Inc. v. Scott, 407 S.W.2d 79 (Mo. Ct. App. 1966).
· cites it 4× “100 merely sets forth the procedure to be followed in the issuance of subpoena duces tecum; that Section 510.030 limits what documentary evidence is subject to a subpoena duces tecum; and that under that section the writings in question are not subject to a subpoena duces tecum…”
State ex rel. Boswell v. Curtis, 334 S.W.2d 757 (Mo. Ct. App. 1960).
· cites it 2× “Were they material? Section 510.030, V.A.M.S., provides that upon motion of any party showing good cause therefor the court may order any party to produce documents or papers which constitute or contain evidence material to any matter involved in the action.”
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