Current through Register Vol. 49, No. 6, March 15, 2024
PURPOSE: This rule prescribes the procedures for
depositions, written interrogatories, data requests, and prehearing
conferences.
(1) Discovery
may be obtained by the same means and under the same conditions as in civil
actions in the circuit court. Sanctions for abuse of the discovery process or
failure to comply with commission orders regarding discovery shall be the same
as those provided for in the rules of civil procedure.
(2) Parties may use data requests as a means
for discovery.
(A) Data request means an
informal written request for documents or information that may be transmitted
directly between attorneys, agents, or employees of the commission, public
counsel, or other parties.
(B)
Answers to data requests need not be under oath or be in any particular format,
but shall be signed by a person who is able to attest to the truthfulness and
correctness of the answers.
(C) The
party to whom data requests are presented shall answer the requests within
twenty (20) days after receipt unless otherwise agreed to by the parties to the
data requests, or otherwise ordered by the commission.
(D) If the recipient objects to data requests
or is unable to answer within twenty (20) days, the recipient shall serve all
of the objections or reasons for its inability to answer in writing upon the
requesting party within ten (10) days after receipt of the data requests,
unless otherwise ordered by the commission.
(E) If the recipient asserts an inability to
answer the data requests within the twenty (20)-day time limit, the recipient
shall include the date it will be able to answer the data requests
simultaneously with its reasons for its inability to answer.
(F) The responding party shall promptly
notify the requesting party of any changes to the answers previously given to a
data request.
(G) Upon agreement by
the parties or as ordered by the commission for good cause shown, the time
limits for serving or answering data requests may be modified.
(H) Any data request issued to or by the
staff of the commission shall be submitted and responded to in the commission's
Electronic Filing and Information System (EFIS). However, if the technical
limitations of EFIS make such submission or response difficult, the parties to
the data requests may agree upon an alternative method of submission and
response, or an alternative method of submission and response may be ordered by
the commission.
(I) Sanctions for
failure to answer data requests may include any of those provided for abuse of
the discovery process in section (1) of this rule.
(3) All prehearing conferences shall be held
as directed by the commission or presiding officer, and reasonable notice of
the prehearing conference time shall be given to the parties
involved.
(4) Any party may
petition the commission to hold a prehearing conference at any time prior to
the hearing.
(5) Failure to appear
at a prehearing conference without previously having secured a continuance
shall constitute grounds for dismissal of the party or the party's complaint,
application or other action unless good cause for the failure to appear is
shown.
(6) Parties may consider
procedural and substantive matters at the prehearing conference which may aid
in the disposition of the issues.
Matters which require a decision may be presented to the
presiding officer during the conference.
(7) Facts disclosed in the course of a
prehearing conference and settlement offers are privileged and, except by
agreement, shall not be used against participating parties unless fully
substantiated by other evidence.
(8) Except when authorized by an order of the
commission, the commission will not entertain any discovery motions, until the
following requirements have been satisfied:
(A) Counsel for the moving party has in good
faith conferred or attempted to confer by telephone or in person with opposing
counsel concerning the matter prior to the filing of the motion. Merely writing
a demand letter is not sufficient. Counsel for the moving party shall certify
compliance with this rule in any discovery motion; and
(B) If the issues remain unresolved after the
attorneys have conferred in person or by telephone, counsel shall arrange with
the commission for an immediate telephone conference with the presiding officer
and opposing counsel. No written discovery motion shall be filed until this
telephone conference has been held.
*Original authority: 386.410, RSMo 1939, amended 1947,
1977, 1996.
