Bench Rulings and Memorandum Decisions

PURPOSE: This rule establishes a procedure for parties to obtain a bench ruling or a memorandum decision, as provided by section 536.068, RSMo (Cum. Supp. 1990). (1) As used in this rule, a bench ruling is an announcement of the ultimate disposition of the case. As used in this rule, a memorandum decision is a writing setting forth the ultimate disposition of the case and the legal analysis supporting the disposition. (2) The parties may move for either a bench ruling or a memorandum decision to dispose of all or any part of the case. The motion shall be in writing, shall be made jointly by all parties and shall include a waiver by all parties of the provisions of section 536.090, RSMo (1986), relating to the rendering of findings of fact and conclusions of law. The motion shall be accompanied by a brief from each party setting forth the operative facts the party expects to show, the issues those facts raise and the authorities which support the conclusion the party seeks. (3) The commission may issue a bench ruling orally on the record. The commission shall issue a written form of the bench ruling no later than seven (7) days after the conclusion of the hearing or seven (7) days after the motion is filed, whichever is later. The commission shall deliver or send by certified mail to each party the written form of the bench ruling. The date of issuance is the date issued orally on the record or, if not issued orally, the date of the writing. (4) The commission shall issue a memorandum decision no later than seven (7) days after the conclusion of the hearing or seven (7) days after the motion is filed, whichever is later. The commission shall deliver or send by certified mail a copy to each party. AUTHORITY: section 621.198, RSMo 1986.* Original rule filed Aug. 5, 1991, effective Feb. 6, 1992. *Original authority: 621.198, RSMo 1965, amended 1978.