State ex rel. Charterbank Springfield, N.A. v. Donegan

PRELIMINARY ORDER MADE ABSOLUTE

CROW, Judge.

Relator (“CharterBank”) in this original proceeding in prohibition seeks to prevent respondent, an associate circuit judge, from entering a protective order regarding a deposition CharterBank wishes to take in a civil action pending before respondent. The following details are pertinent to the issues we must decide.

In 1978, Berry Misemer signed a $7,669.03 promissory note payable to the order of CharterBank’s predecessor, American National Bank. The note was secured by a security agreement on a motor vehicle. Mi-semer defaulted, and in 1980…