Pleadings

PURPOSE: This rule defines the form and procedures for the filing of pleadings during the enforcement case hearing process. (1) Once a complaint has been filed under 1 CSR 50-2.015 an answer to the complaint shall not be required. If no answer is filed, the allegations in the complaint shall be deemed denied. However, if an answer is filed, any allegation in the complaint not answered shall be deemed admitted. If an answer is filed, it shall be filed within the time limits and in the same manner specified for filing an answer under the Missouri Rules of Civil Procedure, unless the commission grants an extension of time for filing for good cause shown upon written motion. Any affirmative allegation and any allegation of new matter contained in an answer shall be deemed denied without the necessity of a reply. (2) All papers and copies for filing and service shall be typewritten on good-quality white paper eight and one-half by eleven inches (8 1/2 × 11") in approximate size. Copies may be reproduced by any printing or duplicating process providing a clear image. (3) 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. (4) When filing a pleading, the following process applies: (A) Any person filing any pleading or documents with the commission with respect to a complaint shall file an original with the commission, and shall provide one (1) copy to each of the other parties at the time the document is filed. The person filing the pleading or document shall certify that s/he has mailed, delivered, or otherwise provided a copy of the pleading or document to all other parties, or the commission shall not accept the pleading or document for filing. Copies of all written communications to the commission shall be served on all other parties; (B) For purposes of the rule, the parties may agree to electronic transmission of a pleading or motion by means of facsimile or e-mail. If filing by electronic transmission, any pleading or motion shall have the same effect as the filing of an original document. A facsimile or electronic signature shall have the same effect as an original signature. The person filing a pleading or other filing by electronic transmission shall retain the signed filing and make it available upon order of the commission; and (C) Electronic filings received at the commission at or before 5:00 p.m. of a regular workday are deemed filed as of that day. Filings received after 5:00 p.m. are deemed filed on the next day not a Saturday, Sunday, or legal holiday. Time of receipt shall be determined by the commission machine or computer receiving the filing. If a document filing is not received by the commission or if it is illegible, it is deemed not filed. AUTHORITY: section 105.955.14(7), RSMo Supp. 2015, sections 105.961.3 and 536.063, RSMo Supp. 2013, and section 536.068.1, RSMo 2000.* Original rule filed March 24, 1997, effective Sept. 30, 1997. Amended: Filed Sept. 4, 2007, effective Feb. 29, 2008. Amended: Filed Sept. 1, 2015, effective Feb. 29, 2016. *Original authority: 105.955, RSMo 1991, amended 1994, 1995, 1996, 1997, 1999, 2010, 2015; 105.961, RSMo 1991, amended 1997, 2010; and 536.068, RSMo 1957, amended 2011.