REQUEST NO. 1: "How many photographs of licensed drivers does the defendant maintain? What is the size of the individual photograph in bytes. What is the storage capacity of the system that maintains these photos? State the location of the system, and the operating system, software, and the Oath or Affirmation of the defendant employee charged with the responsiblity (sic) of maintaining said system."

ANSWER: Objection. This request is vague and ambiguous and is not calculated to lead to the discovery of admissible evidence. Nevertheless, in the spirit of cooperation, the total number of licenced drivers in the state of Missouri is approximately four million. However, the Director knows of no way to determine how many photos of licensed drivers are maintained by the Department of Revenue because many of these licensees have multiple photos that were taken at each license renewal, and because a portion of these licensees are valid without photo.

REQUEST NO.2: "Please state whether or not the record, Application for a driver's license, in question in the Petition for Delaratory Judgment are in the possession of the Custodian of Record for the Department of Revenue. State all locations that the individual record is maintained. Provide a schedule for the maintainance (sic) of individual record. State whether produce the record. State the location of any electronic devise (sic) used in the production of any record requested in the Petition for Declaratory Judgment. If defendant contends that electronic records have been destroyed please state the destruction schedule, and all authorization to destroy electronic records."

ANSWER NO.2: Objection. This interrogatory is vague and ambiguous, is not calculated to lead to the discovery of admissible evidence, and assumes facts not in evidence. The Director does not know what records plaintiff is referring to in the statement "any record requested in the Petition for Declaratory Judgment."

REQUEST NO.3. Please state whether or not the record, Policy and Procedures of the Department of Personnel, in question in the Petiiton for Declaratory Judgment are in the possession of the Custodian of Record for the Department of Revenue. State all locations that the individual record is maintained. Provide a schedule for the maintainance (sic) of individual record. State whether the individual record is produced in electronic format. State what electronic device was used to produce the record. State the location of any electronic devise used in the production of any record requested in the Petition for declaratory Judgment. If the defendant contends that the electronic records have been destroyed please state the destruction schedule, and all authorization to destroy electronic records."

ANSWER NO.3: Objection. This request is vague and ambiguous and is not calculated to lead to the discovery of admissible evidence. However, regarding "whether or not the record, Policy and Procedures of the Department of Personnel, in question in the Petition for Declaratory Judgment are in the possession of the Custodian of Record for the Department of Department of Revenue available in paper format for plaintiff to view, by appointment, at the Truman Building in Jefferson City.

REQUEST NO.4: "Please state whether or not the record, Policy and Procedures concerning interaction between department (sic) of Public Safety personnel and the Department of Revenue Personnel, in question in the Petition for Declaratory Judgment are in the possession of the Custodian of Record for the Department of Revenue. State all locations that the individual record is maintained. Provide a schedule for the maintainance (sic) of the individual record. State whether the individual record is produced in electronic format. State what electronic device was used to produce the record. State the location of any electronic devise (sic) used in the production of any record requested in the Petition for Declaratory Judgment. If defendant contends that the electronic records have been destroyed please state the destruction schedule, and all authorization to destroy electronic records."

ANSWER NO.4: Objection. This request is vague and ambiguous and is not calculated to lead to the discovery of admissible evidence. The Director does not know what record the plaintiff is referring to in the statement "the record, Policy and Procedures concerning interaction between department (sic) of Public Safety personnel and the Department of Revenue Personnel, in question in the Petition for Declaratory Judgment." To answer this question accurately, the Director needs a specific list of what documents to which this interrogatory is referring.

REQUEST NO.5: "Please state whether or not the record, Policy and Procedures of the defendant departments legal division, in question in the Petition for Declaratory Judgment are in possession of the Custodian of Record for the Department of Revenue. State all locations that the individual record is maintained. Provide a schedule for the maintainance (sic) of individual record. State whether the individual record is produced in electronic format. State what electronic device was used to produce the record. State the location of any electronic devise used in the production of any record requested in the Petition for declaratory Judgment. If defendant contends that electronic records have been destroyed please state the destruction schedule, and all authorization to destroy electronic records."

ANSWER NO.5: Objection. This request is vague and ambiguous, is not calculated to lead to the discovery of admissible evidence, and is over broad and burdensome. The Directordoes not know what records plaintiff is referriing to in the statement "the record Policy and Procedures of the4 defendant departments legal division, in question in the Petition for Declaratory Judgment." To answer this question accurately, the Director needs a specific list of what documents to which this interrogatory is referring.

REQUEST NO.6: "Please list all salaried defendant department personnel, and provide the affirmation for the office that they hold, the date that the affirmation was given, and where this affirmation is retained."

ANSWER NO.6: Objection. This request is not calculated to lead to the discovery of admissible evidence, is over broad and burdensome and is vague and ambiguous. As many employees of the Department of Revenue, if not most, are salaried employees, this interrogatory would be quite burdensome. However, information regarding personnel salaried under the Department of Revenue, along with all state employees, are available as published within the State Manual. Furthermore, the Director does not have any information to satisfy the "affirmation for the office" portion of this request.

REQUEST NO.7: "Please list all documents for one Lee Allen Martin, 492-66-2935, that is in the possession of the Department of Revnue (sic). Including all divisions of defendant department. State how these documents are maintained. The physical nature of the records, i.e. microfilm, paper, digital, metaphysical etc."

ANSWER NO.7: Objection. This request is not calculated to lead to the discovery of admissible evidence, is over broad and burdensome and is vague and ambiguous. The Director, in the spirit of cooperation, provided a copy of plaintiff's Department of Revenue driving record file to plaintiff in Defendant's Answers to Plaintiff's First Interrogatories. A determination of documents are included in that file may be made by plaintiff's reference to that file in his possession. Requests for information regarding other files or documents are not calculated to lead to the discovery of admissible evidence and are over broad and burdensome.

REQUEST NO.8: "Please define all symbols, abbreviations, and code maintained in all defendant department documents. Please state where these definitions are maintained, who the custodian of record is for the definitions, and whether or not they are in electronic format. If the defendant by and through counsel claims to be confused by the request please refer to the attachment provided by the defendant in the Defendant's Answer for Request for Production of Documents, but please do not limit the definition to the ones maintained on the attachment."

ANSWER NO.8: Objection. This request is vague and ambiguous, is not calculated to lead to the discovery of admissible evidence, and is over broad and burdensome. The Director does not know what records plaintiff is referring to in the statement "the attachment provided by the defendant in the Defendant's Answer for Request for Production of Documents " To answer the question accurately, the Director needs a specific list of what documents to which this interrogatory is referring.

REQUEST NO.9: "Please provide all email addresses of the defendant department including defendant counsel. State which employees do not have an email address. Be sure to include the admitted email address of Keith D. Holcomb (sic) and all other legal department personnel that practise (sic) before the federal court." ANSWER NO.9: Objection. This request is not calculated to lead to the discovery of admissible evidence and is over broad and burdensome. However, the requested information may be accessed via the internet at the following web site: .

Respectfully submitted,

JEREMIAH (JAY) NIXON
Attorney General

EARL D. KRAUS
Assistant Attorney General
Missouri Bar No.51157
KEITH D. HALCOMB
Assistant Attorney General
Missouri Bar No.43941
P.O. Box 899
Jefferson City, Missouri 65102
(573) 751-3321
ATTORNEYS DEFENDANTS

CERTIFICATE OF SERVICE

I hereby certify that a true and correct copy of the foregoing was mailed, postage prepaid, this 20th day of December , 2001, to:
Lee Allen Martin
7050 County Road 2810
West Plains Missouri 65775

Earl Kraus

Assistant Attorney General

_________________________________________________________________________________________

¹ Director of Revenue, Custodian of Records for the Department and Carol Russell Fischer are all the same person, and for purposes of this answer, are all referred to as the Director.

_________________________________________________________________________________________