Pleadings

PURPOSE: This rule defines the form and procedures for the filing of pleadings during the public hearing process. (1) After a contested case has been set for public hearing, the complaint may be amended by the commission or by the complainantintervenor, within the time limits set by the presiding officer, to cure technical defects or omissions, including to clarify and amplify allegations made in the complaint. Any amended complaint filed by the commission or the complainant-intervenor shall be filed with the presiding officer, and a copy shall be served on each party. The original complaint and all amendments shall be treated together as a single complaint. An answer to a complaint or amended complaint shall not be required. If no answer is filed, the allegations in the complaint or amended complaint shall be deemed denied. However, if an answer is filed, any allegation in the complaint not answered shall be deemed admitted. Any affirmative allegation and any allegation of new matter contained in an answer shall be deemed denied without the necessity of a reply. Any answer must be filed within the time limits as may be established by the presiding officer. (2) Each document shall bear on the first page the caption, descriptive title, and number of the matter in which it is filed and shall identify the party on whose behalf it is filed. Each document shall contain on the final page the name, address, and telephone number and Missouri bar number of the attorney in active charge of the case, or name, address, and telephone number of the party if appearing pro se. (3) Copies of all written communications to the presiding officer shall be served on all other parties. (4) When service of any notice, rule, order, pleading, motion, or other paper is required, proof of service shall be filed with the presiding officer. Proof of service, except when otherwise noted, may be shown by acknowledgement or receipt or by affidavit or by written certificate of counsel making that service. (5) Any document submitted by a party that is received by the presiding officer beyond the established number of days for submittal may be disregarded by the presiding officer. (6) Where a party requires additional time to submit any document, a written request for the extension must be submitted to the presiding officer and shall include the positions of all parties to the request. The request shall be filed prior to the expiration of the time period for the document in question. The presiding officer may grant an extension of time only in situations where the need for more time is due to circumstances beyond the control of the party so requesting or where refusal to extend the time would create an undue hardship on the party so requesting. The presiding officer shall notify the party who requested the extension whether it will be granted. (7) Where an extension of time is allowed, the presiding officer shall advise the participant who did not file the request of the extension and the new due date and that the participant shall have the same extension of time. AUTHORITY: sections 213.030 and 213.075, RSMo 2000.* Original rule filed April 15, 1988, effective July 11, 1988. Amended: Filed Dec. 2, 1992, effective June 7, 1993. Amended: Filed March 16, 2009, effective Sept. 30, 2009. *Original authority: 213.030, RSMo 1959, amended 1978, 1986, 1992, 1998 and 213.075, RSMo 1986, amended 1992. 8 CSR 60-2.070 Amendments and Availability of Rules (Rescinded July 11, 1988)