IN THE CIRCUIT COURT OF COLE COUNTY
STATE OF MISSOURI

Lee Allen Martin
Plaintiff,
VS.
DEPARTMENT OF REVENUE,
et al.,
Defendants.
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CASE #01CV324209

Defendant's Motion for Continuance

Defendants Department of Revenue, Director of Revenue, Custodian of Records of Department of Revenue and Carol Russell Fischer, by and through counsel, Attorney General Jeremiah W. (Jay) Nixon and Assistant Attorneys General Keith D. Halcomb and Earl D. Kraus, file this Motion for Continuance pursuant to Rule 65. In support of this motion, defendants state as follows:

  1. Defendant has been unable to complete the deposition of plaintiff. Defendant was ordered by the Court to attend and participate in the taking of his deposition in Springfield, Missouri, on May 21, 2002. Defendant attempted to take the deposition of plaintiff on May 21, 2002, but plaintiff refrsed to accept an oath or affumation from the court reporter. Additionally, according to the Court Reporter, plaintiff "questioned my ability as a court reporter. . .. [and] was very rude and had me in tears. . . ." (See exhibit 1; Statement of Court Reporter).

  2. Defendants intend, are entitled, and have made diligent attempts to depose the plaintiff prior to the trial in this matter. Defendants' attempts to take the deposition of plaintiff began in January of 2002. Defendants' first Notice of Deposition was filed January 29, 2002.

  3. Plaintiff has consistently resisted the taking of his deposition by defendants. Even though plaintiff was ordered by the Court on January 29, 2002, to attend defendant's deposition of plaintiff in Springfield on a date to be scheduled after March 5, 2002 (originally noticed for February 13, 2002), and even though plaintiff was again ordered by the Court on May 20, 2002 to attend and participate in his deposition by defendants in Springfield on May 21, 2002, plaintiff has yet to submit to being deposed by defendants.

  4. Defendants intend to pursue sanctions before this Court against plaintiff regarding his refusal to take an oath or affirmation at his attempted deposition on May 21, 2002, as previously ordered by the Court. Defendants only recently received the transcript of the May 21, 2002 proceeding reflecting what was recorded at the attempted deposition of plaintiff.

  5. Due to the willful failure of plaintiff to cooperate, defendants will be unable to depose plaintiff prior to the trial date currently set for June 20, 2002.

WHEREFORE, as good cause has been shown defendants pray that this Court continue this matter to a later trial date.

Attachment #1