Comes now the Plaintiff, Lee Allen Martin, and does make these requests for Admissions of Facts and of Law pursuant to Mo.S.Ct. Rule 59:

1. Do you admit that the defendant department is a public governmental body as defined in 610.010.4 RSMo?
   
2. Do you admit that Carol Russell Fischer is the Custodian of Record for the Records of the defendant governmental body as prescribed by RSMo 610.023?
   
3. Do you admit that Carol Russell Fischer is responsible for the defendant department's records, pursuant to 610.023?
   
4. Do you admit that RSMo 610.010.6 defines "Public Record" as any record written or electronically stored, retained by or of any public governmental body including any report survey, memorandum, or other document or study prepared and presented to the public governmental body by a consultant or other professional service paid for in whole or in part by public funds.
   
5. Do you admit that Defendant department and defendant Carol Russell Fischer are bound by the definition of 610.010.6 RSMo?
   
6. Do you admit that the one of the key concepts that guide the defendant department is to "simplify" our products and process. Page 517 of the 1999-2000 Bluebook?
   
7. Do you admit that all policy and procedures of the defendant department are a public governmental record as defined in 610.010.6 RSMo?
   
8. Do you admit that Art. VII sec. 11 of the Missouri State Constitution mandates that before taking office, all civil and military officers in this state shall take and subscribe an oath or affirmation to support the Constitution of the United States and of this state, and to demean themselves faithfully in office?
   
9. Do you admit that salaried personnel of the defendant department are Civil Officers?
   
10. Do you admit that you do not have a list of all financial institutions that the Department of Revenue maintains any amount of funds in electronic format?
    
11. Do you admit that the defendant department and Carol Russell Fischer as Custodian of Records do not have a list of Financial Records needed to be kept for the case of audit in electronic format?
    
12. Do you admit that defendant department's custodian of records does not have in their possession written policies and procedures specifically regarding Defendant Department's interaction with the Department of Public Safety?
    
13. Do you admit that RSMo 302.120 requires an application for a drivers license?
    
14. Do you admit that the defendant is custodian of record for said drivers license application prescribed by 302.120 RSMo?
    
15. Do you admit that the divers license application prescribed in 302.120 RSMo is a public record as defined by 610.010.6 RSMo?
    
16. On September 4, 2001 defendant did file certificate of service of Defendants's Responses to Plaintiff's Motion for Production of Documents. The Response to Plaintiff's Motion for Production of Document Request #4:
    "The Application for a Driver's License in all formats, electronic and printed."
    "ANSWER: An application is not available in an electronic format, nor are there any blank printed applications. Clerks take the information from the applicant and enter it into a computer program. The only "electronic" application is generated by the Department of Revenue's computer program system, and the entire program, which is not available to the public, is necessary to generate such "electronic" application."
    Do you admit that this is a true and accurate representation of the Plaintiff's Request and Defendant's Response?
    
17. Do you admit that the print out of a defendant web page with the URL of http://www.dor.state.mo.us/mvdl/drivers/forms/mailinlic.pdf , is a drivers license application which was attached to "Motion to Reconsider Order of November 2, 2001" filed December 3, 2001 by Plaintiff?
    
18. Do you admit that a drivers license application is maintained by the defendant department in electronic format?
    
19. Do you admit that the Official Sunshine Request dated March 24, 2001 request #2 states: "The policies and procedures promulgated by your office to better instruct Department of Revenue employees in the functioning in their office in electronic format. and to provide a time for me to view the documents."
    
20. Do you admit that the Official Sunshine Request dated March 24, 2001 request #3 states: "The policies and procedures concerning the interaction between Department of Safety personnel and the personnel of the Department of Revenue in the performance of licensing drivers in the state of Missouri in electronic format. Please provide me with a time and a place to view said documents."
    
21. Do you admit that the Official Sunshine Request Dated March 24, 2001 request #6 states: "Please provide me with the policies and procedures of the legal department for the Department of Revenue in electronic format, and allow for my viewing said documents."
    
22. Do you admit that defendant Carol Russell Fischer's letter dated April 5, 2001 in response to the Official Sunshine Request fails to provide for the viewing of any of the requested documents?
    
23. Do you admit that the defendant Carol Russell Fischer's letter dated April 5, 2001 is response to the Official Sunshine Request states that "The application form for a driver license is not available as a record subject to disclosure pursuant to Chapter 610, RSMo, prior to being completed. The application does not exist as a separate document, but is part of a licensing program developed for the computers in a license office."
    
24. Do you admit that there is no oath of office for Department of Revenue personnel as stated in the April 5, 2001 letter in response to the Official Sunshine Request of March 24, 2001?
    
25. Do you admit that 610.029.1 RSMo defines "electronic services"?
    
26. Do you admit that electronic services and public records are two different things?

Respectfully Submitted

Lee Allen Martin
7050 County Road 2810
West Plains
Missouri 65775

CERTIFICATE OF SERVICE

I hereby certify this pleading was served upon all attorneys of record for each of the parties to this action and All parties not represented by counsel in the following manner:
[ ] By delivering a copy to them.
[ ] By leaving a copy at their office with the clerk.
[ ] By leaving a copy at them office with an attorney associated with them.
[ ] By mailing a copy to them as prescribed by law.
[ ] By faxing a copy to them.
______________day of __________________, ______

So certified: _____________________________

Lee Allen Martin