536.063. Contested case, how instituted--pleadings--copies sent parties. - Missouri Statutes

Contested case, how instituted--pleadings--copies sent parties.

536.063. In any contested case:

(1) The contested case shall be commenced by the filing of awriting by which the party or agency instituting the proceedingseeks such action as by law can be taken by the agency only afteropportunity for hearing, or seeks a hearing for the purpose ofobtaining a decision reviewable upon the record of theproceedings and evidence at such hearing, or upon such record andadditional evidence, either by a court or by another agency.Answering, intervening and amendatory writings and motions may befiled in any case and shall be filed where required by rule ofthe agency, except that no answering instrument shall be requiredunless the notice of institution of the case states suchrequirement. Entries of appearance shall be permitted.

(2) Any writing filed whereby affirmative relief is soughtshall state what relief is sought or proposed and the reason forgranting it, and shall not consist merely of statements orcharges phrased in the language of a statute or rule; provided,however, that this subdivision shall not apply when the writingis a notice of appeal as authorized by law.

(3) Reasonable opportunity shall be given for thepreparation and presentation of evidence bearing on any issueraised or decided or relief sought or granted. Where issues aretried without objection or by consent, such issues shall bedeemed to have been properly before the agency. Any formality ofprocedure may be waived by mutual consent.

(4) Every writing seeking relief or answering any otherwriting, and any motion shall state the name and address of theattorney, if any, filing it; otherwise the name and address ofthe party filing it.

(5) By rule the agency may require any party filing such awriting to furnish, in addition to the original of such writing,the number of copies required for the agency's own use and thenumber of copies necessary to enable the agency to comply withthe provisions of this subdivision hereinafter set forth. Theagency shall, without charge therefor, mail one copy of each suchwriting, as promptly as possible after it is filed, to everyparty or his attorney who has filed a writing or who has enteredhis appearance in the case, and who has not theretofore beenfurnished with a copy of such writing and shall have requestedcopies of the writings; provided that in any case where theparties are so numerous that the requirements of this subdivisionwould be unduly onerous, the agency may in lieu thereof (a)notify all parties of the fact of the filing of such writing, and(b) permit any party to copy such writing.

(L. 1957 p. 748 § 536.060)