COR 12-13 | Hearings

First Adopted: April 21, 1983

Most Recently Effective: January 01, 2025

Court Operating Rule (COR) 12-13 | Rules of Practice and Procedure before the Missouri Judicial Finance Commission | Hearings

COR 12-13.01 | Setting

The commission may set a hearing date if the dispute remains unresolved after a settlement conference and the commission has determined that the issues are defined by the petition or any responses, pleadings, or briefs.

(Adopted April 21, 1983, effective April 25, 1983. Approved for publication August 21, 1995. Amended February 22, 2000, effective February 22, 2000; amended April 21, 2004, effective July 1, 2004; amended November 19, 2024, effective January 1, 2025
.)

First Adopted: April 21, 1983

Most Recently Effective: January 01, 2025

Court Operating Rule (COR) 12-13 | Rules of Practice and Procedure before the Missouri Judicial Finance Commission | Hearings

COR 12-13.03 | Notice

(a) Time and Place. Notice of the day, hour, and place of hearing shall be served at least 10 days in advance of the hearing unless the commission finds that public necessity requires the hearing be held on shorter notice.

(b) How Served. The commission shall serve notice of the hearing on each designated party and intervenor by e-mail to the addresses provided by each party or intervenor.

(Adopted April 21, 1983, effective April 25, 1983. Approved for publication August 21, 1995. Amended February 22, 2000, effective February 22, 2000; amended April 21, 2004, effective July 1, 2004; amended November 19, 2024, effective January 1, 2025
.)

First Adopted: April 21, 1983

Most Recently Effective: January 01, 2025

Court Operating Rule (COR) 12-13 | Rules of Practice and Procedure before the Missouri Judicial Finance Commission | Hearings

COR 12-13.05 | Continuances

On application of a party or when the commission deems it necessary, a continuance of a hearing date may be granted. When a continuance has been granted, the commission shall set the date for hearing as soon as practicable. The granting of a continuance requested by a party may be conditioned on the filing of a waiver of the party’s right to enforce any statutory time limit imposed on the commission.

(Adopted April 21, 1983, effective April 25, 1983. Approved for publication August 21, 1995. Amended February 22, 2000, effective February 22, 2000; amended April 21, 2004, effective July 1, 2004; amended November 19, 2024, effective January 1, 2025.)

First Adopted: April 21, 1983

Most Recently Effective: January 01, 2025

Court Operating Rule (COR) 12-13 | Rules of Practice and Procedure before the Missouri Judicial Finance Commission | Hearings

COR 12-13.07 | Appearances

Failure of a party to appear at a hearing or settlement conference without previously having secured a continuance in accordance with this Court Operating Rule 12, except for good cause shown, may be grounds for refusal and dismissal of a petition or grounds for an adverse determination by the commission.

(Adopted April 21, 1983, effective April 25, 1983. Approved for publication August 21, 1995. Amended February 22, 2000, effective February 22, 2000; amended April 21, 2004, effective July 1, 2004; amended November 19, 2024, effective January 1, 2025.)

First Adopted: April 21, 1983

Most Recently Effective: January 01, 2025

Court Operating Rule (COR) 12-13 | Rules of Practice and Procedure before the Missouri Judicial Finance Commission | Hearings

COR 12-13.09 | Intervention

(a) Applications for Intervention. Applications to intervene in and become a party to a proceeding shall comply with Court Operating Rules 12-7.01 to 12-7.07, shall be in conformance with Form 2530, and shall be filed within 30 days of the petition's filing. Such applications shall set forth the grounds of the proposed intervention, the position and interest of the intervenor in the proceeding, and whether the intervenor's position is in support of or in opposition to the relief sought.

(b) Commission Policy on Intervention. Applications for intervention may be granted or denied at the commission's discretion. The commission's general policy is to grant such application when the intervenor shows that:

(1) The intervenor has an interest in the proceeding different from that of the county governing body, the circuit court, the Missouri state public defender, or the general public; 

(2) The proposed intervention would serve the public interest; or

(3) The intervenor is a municipality or other body politic.

(c) Opposing Intervention. Any party may file suggestions in opposition to intervention before the hearing.

(Adopted April 21, 1983, effective April 25, 1983. Approved for publication August 21, 1995. Amended February 22, 2000, effective February 22, 2000; amended April 21, 2004, effective July 1, 2004; amended November 19, 2024, effective January 1, 2025.)

First Adopted: April 21, 1983

Most Recently Effective: January 01, 2025

Court Operating Rule (COR) 12-13 | Rules of Practice and Procedure before the Missouri Judicial Finance Commission | Hearings

COR 12-13.11 | Participation Without Intervention

The commission may permit participation without intervention.

(Adopted April 21, 1983, effective April 25, 1983. Approved for publication August 21, 1995. Amended February 22, 2000, effective February 22, 2000; amended April 21, 2004, effective July 1, 2004; amended November 19, 2024, effective January 1, 2025.)

First Adopted: April 21, 1983

Most Recently Effective: January 01, 2025

Court Operating Rule (COR) 12-13 | Rules of Practice and Procedure before the Missouri Judicial Finance Commission | Hearings

COR 12-13.13 | Consolidation

The commission may consolidate by order proceedings involving related questions of law or fact.

(Adopted April 21, 1983, effective April 25, 1983. Approved for publication August 21, 1995. Amended February 22, 2000, effective February 22, 2000; amended April 21, 2004, effective July 1, 2004; amended November 19, 2024, effective January 1, 2025
.)

First Adopted: April 21, 1983

Most Recently Effective: January 01, 2025

Court Operating Rule (COR) 12-13 | Rules of Practice and Procedure before the Missouri Judicial Finance Commission | Hearings

COR 12-13.15 | Order of Procedure

The commission or the presiding officer shall determine the order of procedure in hearings and investigation proceedings. The parties and intervenors may move to alter the order of procedure for good cause shown.

(Adopted April 21, 1983, effective April 25, 1983. Approved for publication August 21, 1995. Amended February 22, 2000, effective February 22, 2000; amended April 21, 2004, effective July 1, 2004; amended November 19, 2024, effective January 1, 2025.)

First Adopted: April 21, 1983

Most Recently Effective: January 01, 2025

Court Operating Rule (COR) 12-13 | Rules of Practice and Procedure before the Missouri Judicial Finance Commission | Hearings

COR 12-13.17 | Reasonableness of Budget

(a) The circuit court shall have the burden of proving that the disputed expenditures in its proposed budget are reasonable.

(b) In determining if the circuit court estimate is reasonable, the commission shall consider:

(1) The expenditures necessary to support the circuit court in relation to the expenditures necessary for the administration of all other county functions; 

(2) The actual or estimated operating deficit or surplus from prior years; 

(3) All interest and debt redemption charges; 

(4) All capital projects expenditures; and 

(5) The total estimated available revenues from all sources available for financing the proposed expenditures. 

In determining the reasonableness of any budget estimate involving compensation, the commission also shall consider compensation for county employees and similar duties, length of service, and educational qualifications.

(Adopted April 21, 1983, effective April 25, 1983. Approved for publication August 21, 1995. Amended February 22, 2000, effective February 22, 2000; amended April 21, 2004, effective July 1, 2004; amended November 19, 2024, effective January 1, 2025.)

First Adopted: April 21, 1983

Most Recently Effective: January 01, 2025

Court Operating Rule (COR) 12-13 | Rules of Practice and Procedure before the Missouri Judicial Finance Commission | Hearings

COR 12-13.19 | Limiting Number of Witnesses

To avoid unnecessary cumulative evidence, the presiding officer may limit the number of witnesses or the time for testimony on a particular issue.

(Adopted April 21, 1983, effective April 25, 1983. Approved for publication August 21, 1995. Amended February 22, 2000, effective February 22, 2000; amended April 21, 2004, effective July 1, 2004; amended November 19, 2024, effective January 1, 2025.)

First Adopted: April 21, 1983

Most Recently Effective: January 01, 2025

Court Operating Rule (COR) 12-13 | Rules of Practice and Procedure before the Missouri Judicial Finance Commission | Hearings

COR 12-13.21 | Transcript Corrections

Suggested corrections to the transcript may be offered not later than five days after the transcript is filed in the proceeding. The offeree shall e-mail suggested corrections to each party and the commission.

If no objection is made to the suggested corrections within 10 days after it is filed, the commission may direct the corrections to be made and the manner of making it.

The commission may hear from the parties before determining the manner in which the record shall be changed, if at all.

(Adopted April 21, 1983, effective April 25, 1983. Approved for publication August 21, 1995. Amended February 22, 2000, effective February 22, 2000; amended April 21, 2004, effective July 1, 2004; amended November 19, 2024, effective January 1, 2025.)