PURPOSE: This rule prescribes the procedure for the filing of certain motions and the use of certain stipulations in appeals taken under section 138.430, RSMo.
- (1) Any party filing a written motion or other writing subsequent to the original petition shall serve a copy of that writing upon the attorney of record for all remaining parties or upon the party him/herself if there is no attorney of records. Service shall be made by delivering a copy of the writing to the attorney or party—by leaving a copy of that writing with personnel at the attorney’s office, by transmitting a copy by facsimile transmission provided the filing party subsequently mails a copy of the writing to the attorney or party, or by mailing a copy of the writing.
- (2) Any written motion which is appropriately filed prior to the hearing, except a motion to dismiss which may be filed at any time, shall be filed with the commission and served on all remaining parties such that each has not less than five (5) days’ notice before the date specified for the event which stands to be affected by the motion. A filing which does not provide for five (5) days’ notice to the parties will be denied unless there is a showing that despite the exercise of due diligence, a timely filing was not possible.
(3) Upon the commission or hearing officer’s own motion, or the motion of a party, an appeal may be dismissed for any of the following grounds:
- (A) Lack of jurisdiction;
- (B) Untimely filing of an appeal;
- (C) Failure to comply with the rules of the commission relating to appeals;
- (D) Failure of prosecution; or
- (E) Any other ground alleged to legally justify an involuntary dismissal of an appeal.
- (4) Any party may file a written motion for summary judgment upon allegations that there are no material issues of fact requiring an evidentiary hearing before this commission.
- (5) Upon stipulation of all parties, and approval by the commission or hearing officer, an appeal may be decided upon written stipulation of facts in lieu of an oral hearing.
(6) Any party may file a written motion for a continuance not less than five (5) days before the date specified for the event which stands to be affected by the motion. Continuances will be granted for good cause shown as—
- (A) Illness of attorneys or witnesses;
- (B) Serious illness or death of immediate family members of attorneys or witnesses; or
(C) Prior commitments of attorneys or witnesses.
- 1. The prior commitment must be sub-
stantial and must have been extant at the time the commission conference, exhibit exchange, hearing, or other event was set.
- 2. Case settings which occur after the
commission setting will not suffice to allow a continuance. Each attorney is responsible for notifying the relevant tribunal of the conflict at the time counsel obtains a trail or hearing setting.
- (7) A second request for a continuance by a party will be denied except in extraordinary circumstances.
- (8) Any complainant may make a written request for a voluntary dismissal of an appeal and all parties to an appeal may stipulate and agree as to proper assessed value for the subject property, subject to a confirmation by this commission, prior to the issuance of a final decision and order. Stipulations which propose a fifteen percent (15%) or greater change in the board of equalization’s assessment on the commercial portion of an appeal must include a brief explanation of the factual basis for the proposed commercial assessment.
(9) 12 CSR 30-3.010(1)(C)2. is controlling in determining whether a written motion or other writing is filed within the time prescribed by law.
Auth: section 138.430, RSMo (1994)* and Article X, section 14, Mo. Const. 12 CSR 30-3
1945. This rule was previously filed as 12 CSR 30-2.070. Original rule filed Dec. 13, 1983, effective March 12, 1984. Amended: Filed April 21, 1988, effective Sept. 11, 1988. Amended: Filed May 14, 1993, effective Jan. 13, 1994. Amended: Filed Aug. 23, 1995, effective Jan. 30, 1996.
*Original authority: 1939, amended 1945, 1947, 1978, 1983, 1989.