Lee Allen Martin Plaintiff, VS. DEPARTMENT OF REVENUE, et al., Defendants.

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CASE #01CV324209

DEFENDANT'S AMENDED ANSWERS PLAINTIFF'S SECOND INTERROGATORIES IN COMPLIANCE WITH COURT'S ORDER

In compliance with this Court's order of April 15, 2002, Defendants, by and through counsel, Earl D. Kraus, Assistant Attorney General, and Keith D. Halcomb, Assistant Attorney General, provide the following additional responses:

Regarding REQUEST NO.4, the Court denied Plaintiffls Motion to Compel "except to the extent Department of Revenue's written Policies and Procedures specifically regarding Department of Revenue's interaction with the Department of Public Safety exist, Defendant shall state whether or not same are in the possession of the Custodian of Record for the Department of Revenue."

ANSWER NO.4: Defendant states that the Department of Revenue's Custodian of Records does not have in their possession written Policies and Procedures specifically regarding Depanment of Revenue's interaction with the Department of Public Safety.

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.

Regarding REQUEST NO.5, the Court denied Plaintiff's Motion to Compel "except that Department of Revenue's Policy and Procedures relating solely to the Department of Revenue's Office of General Counsel exists, Defendant shall state whether or not same are in the possession of the Custodian of Records for the Department of Revenue."

ANSWER NO.5: Defendant states that the Department of Revenue's Custodian of Records has in their possession written Policy and Procedures relating solely to the Department of Revenue's Office of General Counsel. Further, Defendant reiterates from Defendant's Answers to Plaintiff's First Interrogatories, Answer No.10, in that "the Director will make the policies and procedures of the Department of Revenue available in paper format for plaintiff to view, by appointment, at the Truman Building in Jefferson City."

Respectfully submitted,

JEREMIAH W. (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 FOR DEFENDANTS

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