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
Universal Citation: 20 MO Code of State Regs 4240-2.117
Current through Register Vol. 49, No. 6, March 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.
(2) Determination on the Pleadings-Except in a case seeking a rate increase or which is subject to an operation of law date, the commission may, on its own motion or on the motion of any party, dispose of all or any part of a case on the pleadings whenever such disposition is not otherwise contrary to law or contrary to the public interest.
*Original authority: 386.410, RSMo 1939, amended 1947, 1977, 1996.
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