On March 2, 2021, the Missouri Supreme Court released an order (Order) amending the Missouri Rules of Civil Procedure (Missouri Rules) to enact new discovery provisions. This is the culmination of the attempts over the last two years to revise the civil discovery rules in Missouri, and hopefully one that will bring clarity to practitioners across the State.
While the Federal Rules of Civil Procedure (FRCP) have been updated several times over the last 15 years, the Missouri Rules have remained largely unchanged. One particularly glaring absence has been any mention of the discovery of electronically stored information (ESI), or e-discovery, in the Missouri Rules. The FRCP were amended in 2006 to include provisions on e-discovery, but the Missouri Rules remained silent on the issue.