Supreme Court of Missouri
en banc
June 28, 2016
Effective July 1, 2016
In re:
Repeal of subdivision 5.13, entitled "Answer Required - Default," of Rule 5, entitled "Complaints and Proceedings Thereon," and in lieu thereof adoption of a new subdivision 5.13, entitled "Answer Required - Default."
ORDER
1. It is ordered that effective July 1, 2016, subdivision 5.13 of Rule 5 be and the same is hereby repealed and a new subdivision 5.13 adopted in lieu thereof to read as follows:
5.13 ANSWER REQUIRED – DEFAULT
(a) The information shall be accompanied by a notice that the respondent is to file an answer or other response with the chair of the advisory committee, and serve a copy on the counsel of record for the informant and the chief disciplinary counsel, within 30 days after the service of the information on the respondent. If an answer or other response is not timely filed, the information shall be filed in this Court as an information with notice of the default. The notice of default shall include a recommendation regarding discipline with supporting suggestions.
The failure to file an answer or other response to the information timely shall be deemed an admission of the facts and charges contained in the information.
(b) Within 30 days after the filing of the notice of default, respondent may submit suggestions in support of a particular discipline. The failure timely to submit suggestions shall be deemed consent to imposition of any discipline by the Court.
(c) After the time for suggestions has passed, the Court shall impose appropriate discipline.
(d) Motions to set aside orders of discipline following a default under this Rule 5.13 shall be verified and shall only be granted upon compelling evidence of unavoidable circumstances sufficient to excuse the default. No motion to set aside shall be filed more than 60 days after issuance of an order imposing discipline.
2. It is ordered that notice of this order be published in the Journal of the Missouri Bar.
3. It is ordered that this order be published in the South Western Reporter.
Day – to – Day
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PATRICIA BRECKENRIDGE
Chief Justice