PURPOSE: This rule describes the form and content of the complaints, the number of copies required, how the complaints are served and how they are amended. (1) Content.
- (A) All complaints shall be in writing.
(B) Petitioner shall include in the complaint:
- 1. The full name, address and telephone
number of—
- A. Petitioner; and
- B. Any attorney representing peti-
tioner;
- 2. Suitable space in the caption for the
commission to affix a case number;
- 3. A description of the action which
petitioner is appealing and the date of any written notice of such action; and
- 4. As far as practical, facts in numbered
paragraphs, each of which shall contain a single set of circumstances.
- (C) Petitioner shall accompany the complaint with a copy of any written notice of the action from which petitioner appeals.
- (D) Petitioner or petitioner’s legal counsel shall sign the complaint.
- (E) The complaint may contain a motion for stay.
- (2) Petitioner shall file the original of the complaint at the commission’s office with sufficient copies for all parties.
(3) Notice.
- (A) The commission shall serve notice of the complaint on the respondent and the petitioner.
- (B) The commission shall serve a copy of the complaint on the respondent.
- (4) Petitioner may amend the complaint without the commission’s leave any time before the respondent serves a responsive pleading. After the respondent serves a responsive pleading, petitioner shall amend the complaint only with the commission’s leave.
- (5) The commission shall construe the provisions of this rule liberally if petitioner has prepared the complaint without legal counsel.
- (6) The provisions of this rule, except section (3), apply to amended complaints.
AUTHORITY: section 621.198, RSMo 2000.* Original rule filed Aug. 5, 1991, effective Feb. 6, 1992. Amended: Filed Oct. 31, 1994, effective May 28, 1995. Amended: Filed Jan. 11, 2001, effective July 30, 2001.
*Original authority: 628.198, RSMo 1965, amended 1978.