536.130. Record on judicial review. - Missouri Statutes

Record on judicial review.

536.130. 1. Within thirty days after the filing of thepetition or within such further time as the court may allow, therecord before the agency shall be filed in the reviewing court.Such record shall consist of any one of the following:

(1) Such parts of the record, proceedings and evidencebefore the agency as the parties by written stipulation may agreeupon;

(2) An agreed statement of the case, agreed to by allparties and approved as correct by the agency;

(3) A complete transcript of the entire record, proceedingsand evidence before the agency. Evidence may be stated in eitherquestion and answer or narrative form. Documents may be abridgedby omitting irrelevant and formal parts thereof. Any matter notessential to the decision of the questions presented by thepetition may be omitted. The decision, order and findings offact and conclusions of law shall in every case be included.

2. The record filed in the reviewing court shall be properlycertified by the agency, and shall be typewritten, mimeographed,printed, or otherwise suitably reproduced. In any case wherepapers, documents or exhibits are to be made a part of the recordin the reviewing court, the originals of all or any part thereof,or photostatic or other copies which may have been substitutedtherefor, may, if the agency permits, be sent to the reviewingcourt instead of having the same copied into the record.

3. In any case where any party fails or refuses to agree tothe correctness of a record, the agency shall decide as to itscorrectness and certify the record accordingly. If any partyshall be put to additional expense by reason of the failure ofanother party to agree to a proper shortening of the record, thecourt may tax the amount of such additional expense against theoffending party as costs.

4. The record to be filed in the reviewing court shall befiled by the plaintiff, or at the request of the plaintiff shallbe transmitted by the agency directly to the clerk of thereviewing court and by him filed; provided, that when originaldocuments are to be sent to the reviewing court they shall betransmitted by the agency directly, as aforesaid. The court mayrequire or permit subsequent corrections of or additions to therecord.

(L. 1945 p. 1504 § 10)