Missouri Code of State Regulations › Title 1 - OFFICE OF ADMINISTRATION › Division 50 - Missouri Ethics Commission › Chapter 2 - Hearing Procedures for Enforcement Cases › Section 1 CSR 50-2.020 - Pleadings

Current through Register Vol. 49, No. 14, July 15, 2024
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 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
				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.