State ex rel. Corinne Reif v. The Honorable Michael T. Jamison

Summary

The Supreme Court of Missouri held that a corporate representative designated under Missouri Rule 57.03(b)(4) must testify about matters known or reasonably available to the organization, not merely matters within the representative's personal knowledge. The court concluded that the circuit court abused its discretion by denying a motion to compel production of a substitute representative and made the alternative writ of mandamus peremptory.

Holdings

1. A corporate representative designated for deposition under Rule 57.03(b)(4) must testify about matters known or reasonably available to the organization and may not avoid testimony on the noticed topics merely by asserting a lack of personal knowledge.
2. Mandamus relief was warranted because the circuit court abused its discretion by overruling the motion to compel a substitute corporate representative prepared to testify about the defendant's organizational knowledge.

Questions Presented

1. Whether a corporate representative designated under Missouri Rule 57.03(b)(4) must testify about matters known or reasonably available to the organization, rather than limiting testimony to the representative's personal knowledge.
2. Whether the circuit court abused its discretion by overruling the motion to compel production of a substitute corporate representative.

Disposition

writ_granted