Motions, Suggestions and Legal Briefs

PURPOSE: This rule states when motions, suggestions and legal briefs may be filed and answered. (1) Motions and Suggestions. Each party shall be entitled to file motions and to present written suggestions, accompanied by oral argument if the party so chooses. Motions and supporting affidavits or legal suggestions may be filed at any time during the pendency of the proceeding. Opposing parties shall file any responsive pleading within five (5) business days, unless the director grants additional time. (2) Briefs. At any time prior to submitting the cases for consideration at the close of the hearing, a party may seek leave to file a brief. If leave is granted, a party shall have twenty (20) days after leave is granted to prepare and file its brief. The other parties will be given twenty (20) days to file responsive briefs. An original of the briefs must be filed with the director. The filing party shall also mail all briefs filed to all other parties. (3) Decision on the Pleadings. The director shall rule upon all motions, except that the director shall not dismiss or decide a matter on the merits without granting all parties to the proceeding the opportunity to a hearing and to establish a record. AUTHORITY: sections 354.120 and 374.045, RSMo 2000 and sections 374.705, 376.1528, and 385.218, RSMo Supp. 2007.* Original rule filed Sept. 5, 2007, effective May 30, 2008. *Original authority: 354.120, RSMo 1973, amended 1983, 1993, 1995; 374.045, RSMo 1967, amended 1993, 1995; 374.705, RSMo 1983, amended 1993, 2004; 376.1528, RSMo 2007; and 385.218, RSMo 2007.