Missouri Code of State Regulations › Title 20 - DEPARTMENT OF COMMERCE AND INSURANCE › Division 4240 - Public Service Commission › Chapter 2 - Practice and Procedure › Section 20 CSR 4240-2.117 - Summary Disposition

Current through Register Vol. 49, No. 14, July 15, 2024
PURPOSE: This rule provides for disposition of a
				  contested case by disposition in the nature of summary judgment or judgment on
				  the pleadings.
(1) Summary
				Determination.
(A) Except in a case seeking a
				rate increase or which is subject to an operation of law date, any party may by
				motion, with or without supporting affidavits, seek disposition of all or any
				part of a case by summary determination at any time after the filing of a
				responsive pleading, if there is a respondent, or at any time after the close
				of the intervention period. However, a motion for summary determination shall
				not be filed less than sixty (60) days prior to the hearing except by leave of
				the commission.
(B) Motions for
				summary determination shall state with particularity in separately numbered
				paragraphs each material fact as to which the movant claims there is no genuine
				issue, with specific references to the pleadings, testimony, discovery, or
				affidavits that demonstrate the lack of a genuine issue as to such facts. Each
				motion for summary determination shall have attached thereto a separate legal
				memorandum explaining why summary determination should be granted and
				testimony, discovery or affidavits not previously filed that are relied on in
				the motion. The movant shall serve the motion for summary determination upon
				all other parties not later than the date upon which the motion is filed with
				the commission.
(C) Not more than
				thirty (30) days after a motion for summary determination is served, any party
				may file and serve on all parties a response in opposition to the motion for
				summary determination. Attached thereto shall be any testimony, discovery or
				affidavits not previously filed that are relied on in the response. The
				response shall admit or deny each of movant's factual statements in numbered
				paragraphs corresponding to the numbered paragraphs in the motion for summary
				determination, shall state the reason for each denial, shall set out each
				additional material fact that remains in dispute, and shall support each
				factual assertion with specific references to the pleadings, testimony,
				discovery, or affidavits. The response may also have attached thereto a legal
				memorandum explaining why summary determination should not be
				granted.
(D) For good cause shown,
				the commission may continue the motion for summary determination for a
				reasonable time to allow an opposing party to conduct such discovery as is
				necessary to permit a response to the motion for summary
				determination.
(E) The commission
				may grant the motion for summary determination if the pleadings, testimony,
				discovery, affidavits, and memoranda on file show that there is no genuine
				issue as to any material fact, that any party is entitled to relief as a matter
				of law as to all or any part of the case, and the commission determines that it
				is in the public interest. An order granting summary determination shall
				include findings of fact and conclusions of law.
(F) If the commission grants a motion for
				summary determination, but does not dispose thereby of the entire case, it
				shall hold an evidentiary hearing to resolve the remaining issues. Those facts
				found in the order granting partial summary determination shall be established
				for purposes of the hearing.
(G)
				The commission may hear oral argument on a motion for summary
				determination.