State ex rel. Dover v. Lewis

NUGENT, Presiding Judge.

In this action in prohibition relator, Brent Dover, defendant in the underlying ease, challenges the authority of the respondent judge to prevent discovery in a small claims case pending trial in the circuit court on the defendant’s application for trial de novo. We have issued our preliminary rule in prohibition, and we now make that rule absolute.

The simple issue is whether discovery pursuant to Rules 57.01 and 57.03 is available to a party to a case pending for trial de novo in an action commenced in the small claims court in light of the provision of § 512.3101…