Relator subsequently filed a Motion to Quash premised on the licensed professional counselor privileged communication statute, Section 337.540, RSMo. Discussion Relator argues that the information which is being compelled to be discovered by Respondent is privileged under Section 337.540, RSMo, and that her clients have not waived the privilege. Respondent argues that the defendant in the criminal action has raised an alibi defense in which he claims to have gone out with another member of the sexual offender counseling group after the session ended and that the defendant did not provide the State with the name of the person. However, in the defendant's Notice of Intent to Rely on the Defense of Alibi he raised an alibi defense claiming that he spent the night at his girlfriend's home and listed his girlfriend and three of her relatives as alibi witnesses. Respondent has not established that the information sought is necessary in the underlying case so that the statutory privilege asserted by Relator should be abrogated.
Prohibition is a proper means of contesting the enforcement of discovery of privileged information.