PURPOSE: This amendment clarifies when an answer may be
filed, changes the number of copies required of a pleading, and sets forth the
process for electronic filing of a pleading.
PURPOSE: This rule defines the form and procedures for the
filing of pleadings during the enforcement case hearing process.
Once a complaint has been filed under
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 x 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
When filing a
pleading, the following process applies:
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;
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
1 CSR 50-2.020
105.955.14(7), RSMo 2000.* Original rule filed March 24, 1997, effective Sept.
30, 1997. Amended: Filed Sept. 4, 2007, effective Feb. 29, 2008.
Register January 15, 2016/Volume 41, Number 02, effective
*Original authority: 105.955, RSMo 1991, amended 1994,
1995, 1996, 1997, 1999.