Rule 61.01.Failure to Make Discovery: Sanctions.

Part I · Rule 61: Enforcement of Discovery; Sanctions · Last amended July 1, 2022 · Last verified July 22, 2026

In one sentenceRule 61.01 sets the sanctions available when a party resists discovery — failing to answer interrogatories, admit requested facts, produce documents, sit for an examination, or attend or answer at a deposition — ranging from an order compelling a response to dismissal, default judgment, contempt, and shifting the other side’s expenses.

Full Text of Rule 61.01

Text sizeJump to: (a) (b) (c) (d) (e) (f) (g) (h)

(a) Failure to Act—Evasive or Incomplete Answers.

Any failure to act described in this Rule 61 may not be excused on the ground that the discovery sought is objectionable unless the party failing to act has served timely objections to the discovery request or has applied for a protective order as provided by Rule 56.01(c).

For the purpose of this Rule 61, an evasive or incomplete answer is to be treated as a failure to answer.

(b) Failure to Answer Interrogatories. If a party fails to answer interrogatories or serve objections thereto within the time provided by law, or if objections are served thereto that are thereafter overruled and the interrogatories are not timely answered, the court may, upon motion and reasonable notice to other parties, take such action in regard to the failure as are just and among others the following:

(1) Enter an order striking pleadings or parts thereof or dismissing the action or proceeding or any part thereof or render a judgment by default against the disobedient party;

(2) Upon the showing of reasonable excuse, grant the party failing to answer the interrogatories additional time to serve answers, but such order shall provide that if the party fails to answer the interrogatories within the additional time allowed, the pleadings of such party shall be stricken or the action shall be dismissed or that a default judgment shall be rendered against the disobedient party.

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.

(d) Failure to Produce Documents, and Things or to Permit Inspection. If a party fails to respond that inspection will be permitted as requested, fails to permit inspection, or fails to produce documents and tangible things as requested under Rule 58.01, or timely serves objections thereto that are thereafter overruled and the documents and things are not timely produced or inspection thereafter is not timely permitted, the court may, upon motion and reasonable notice to other parties, take such action in regard to the failure as are just and among others the following:

(1) Enter an order refusing to allow the disobedient party to support or oppose designated claims or defenses or prohibiting the disobedient party from introducing designated matters in evidence;

(2) Enter an order striking pleadings or parts thereof or staying further proceedings until the order is obeyed or dismissing the action or proceeding or any part thereof or render a judgment by default against the disobedient party;

(3) Enter an order treating as a contempt of court the failure to obey; or

(4) Enter an order requiring the party failing to obey the order or the attorney advising the party or both to pay the reasonable expenses, including attorney fees, caused by the failure unless the court finds that the failure was substantially justified or that other circumstances make an award of expenses unjust.

(e) Failure to Appear for Physical Examination. If a party fails to obey an order directing a physical or mental or blood examination under Rule 60.01, the court may, upon motion and reasonable notice to the other parties and all persons affected thereby, make such orders in regard to the failure as are just, and among others, it may take any action authorized under Rules 61.01(d)(1), (2), and (4). Where a party has failed to comply with an order requiring the production of another for examination, the court may enter such orders as are authorized by this Rule 61.01, unless the party failing to comply shows an inability to produce such person for examination.

(f) Failure to Attend Own Deposition. If a party, or an officer, director, managing agent of a party, or person designated under Rules 57.03(b)(4) and 57.04(a) to testify on behalf of a party, fails to appear before the officer who is to take his or her deposition, after being served with notice, the court may, upon motion and reasonable notice to the other parties and all persons affected thereby, make such orders in regard to the failure as are just and among others, it may take any action authorized under paragraphs (1), (2), (3), and (4) of subdivision (d) of this Rule.

(g) Failure to Answer Questions on Deposition. If a witness fails or refuses to testify in response to questions propounded on deposition, the proponent of the question may move for an order compelling an answer. The proponent of the question may complete or adjourn the deposition examination before applying for an order. In ruling upon the motion, the court may make such protective order as it would have been empowered to make on a motion pursuant to Rule 56.01(c).

If the motion is granted, the court, after opportunity for hearing, shall require the party or deponent whose conduct necessitated the motion or the party or attorney advising such conduct or both of them to pay to the moving party the reasonable expenses incurred in obtaining the order, including attorney fees, unless the court finds that the opposition to the motion was substantially justified or that other circumstances make an award of expenses unjust.

If the motion is denied, the court, after opportunity for hearing, shall require the moving party or the attorney advising the motion or both of them to pay to the party or deponent who opposed the motion the reasonable expenses incurred in opposing the motion, including attorney fees, unless the court finds that the making of the motion was substantially justified or that other circumstances make an award of expenses unjust.

If the motion is granted in part and denied in part, the court may apportion the reasonable expenses incurred in relation to the motion among the parties and persons in a just manner.

If the motion is granted and if the persons ordered to respond fail to comply with the court’s order, the court, upon motion and reasonable notice to the other parties and all persons affected thereby, may make such orders in regard to the failure as are just, and among others, it may take any action authorized under Rule 61.01(d).

(h) Objections to Approved Discovery. If objections to Rule 56.01(b)(8) approved interrogatories or requests for production are overruled, the court may assess against such objecting party, attorney, or attorney’s law firm, or all of them, the attorney fees reasonably incurred in having such objection overruled. If such fees are not paid within 60 days, the court may enter such other appropriate orders against the disobedient party, including an order striking pleadings, dismissing the action, or entering a judgment by default.

End

Amendment History

Adopted March 29, 1974, eff. Jan. 1, 1975. Amended June 1, 1993, eff. Jan. 1, 1994; Amended Sept. 28, 1993, eff. Jan. 1, 1994; Amended June 10, 2015, effective January 1, 2016; Amended eff. August 28, 2019; Amended eff. September 2, 2021; amended eff. Nov. 23, 2021, eff. July 1, 2022.

Plain-English Summary

Rule 61.01 is Missouri’s discovery-enforcement rule, and it starts with a baseline principle: a failure to provide discovery cannot be excused just by calling the discovery objectionable, unless the resisting party served a timely objection or sought a protective order under Rule 56.01(c). An evasive or incomplete answer counts as no answer at all for every purpose under this rule.

Each discovery tool has its own enforcement track. If a party fails to answer interrogatories, or serves objections that get overruled and still does not answer, the court can strike pleadings, dismiss the action, or enter a default judgment, or instead grant additional time on a reasonable excuse while making clear that those harsher sanctions will follow if the new deadline is missed too. Requests for admission work differently: an unanswered request is taken as admitted, except in Chapter 517 cases, and if a party denies a matter that the requesting party later proves true, that party can recover the reasonable cost of the proof, including attorney fees, unless the denial fell within one of four listed excuses — the request was objectionable, the admission had no real importance, the denying party had reasonable grounds to think it might prevail, or some other good reason for the denial existed.

Failing to produce documents or permit inspection under Rule 58.01, or refusing after an overruled objection, opens the door to evidence preclusion, striking pleadings, staying the case, dismissal, or default judgment, and to a contempt order or a fee award — the fee award drops away only if the court finds the failure was substantially justified or an award would otherwise be unjust. A party who disobeys an examination order under Rule 60.01 faces that same menu minus the contempt option, while a party who fails to appear for their own deposition faces the full menu, contempt included. And when a witness refuses to answer a deposition question, the questioner can move to compel an answer, with the losing side on that motion generally paying the winner’s reasonable expenses, including attorney fees, unless the losing position was substantially justified; if the motion is granted in part and denied in part, the court can apportion those expenses among everyone involved.

A final provision addresses court-approved discovery under Rule 56.01(b)(8): if a party’s objections to locally approved interrogatories or requests for production are overruled, the court can assess the attorney fees spent overcoming that objection against the objecting party, attorney, or law firm, and unpaid fees after 60 days can lead to escalating sanctions, including striking pleadings, dismissal, or a default judgment.

Frequently Asked Questions

What happens if I don’t answer interrogatories?

The other side can move for an order striking your pleadings, dismissing the action, or entering a default judgment against you, or the court can grant you additional time with a warning that those harsher sanctions apply if you miss the new deadline too.

What if I don’t respond to requests for admission?

Outside Chapter 517 cases, the matters are taken as admitted. And if you deny something the requesting party later proves true, you may owe their reasonable expenses in proving it, including attorney fees, unless one of the rule’s listed excuses applies.

Does objecting to discovery protect me from sanctions?

Only if the objection is timely and eventually holds up, or you sought a protective order. Failing to act is not excused merely by labeling the discovery objectionable, and if an objection gets overruled and you still do not comply, sanctions can follow.

What can happen if I refuse to produce documents?

The court can bar you from supporting or opposing certain claims, strike pleadings, stay the case, dismiss it, or hold you in contempt. It can also order you to pay the other side’s reasonable expenses, including attorney fees, though that expense award drops away if your position was substantially justified or an award would otherwise be unjust.

What if a witness won’t answer a question during a deposition?

The party asking the question can move to compel an answer; whichever side loses that motion generally pays the other side’s reasonable expenses, including attorney fees, unless its position was substantially justified.

Can I be sanctioned for skipping my own deposition?

Yes, a party, officer, director, managing agent, or designated organizational witness who fails to appear after being served notice can face the same range of sanctions available for refusing to produce documents.

What happens if my objection to court-approved discovery gets overruled?

The court can assess against you, your attorney, or your firm the attorney fees the other side spent overcoming the objection, and if those fees go unpaid for 60 days, the court can enter further sanctions, including striking pleadings, dismissal, or default judgment.

Source & verification. Rule text and amendment history are reproduced verbatim from the Missouri State & Federal Court Rules, adopted by the Supreme Court of Missouri. Last verified July 22, 2026. · Official source

Also known as: discovery sanctionsmotion to compelfailure to answer interrogatories sanctions missouridefault judgment for discovery violation missouri