COR 12-15 | Evidence

First Adopted: April 21, 1983

Most Recently Effective: January 01, 2025

Court Operating Rule (COR) 12-15 | Rules of Practice and Procedure before the Missouri Judicial Finance Commission | Evidence

COR 12-15.01 | Form and Admissibility

In general, the commission follows the practice in the circuit courts of this state and the common law rules on admissibility of evidence as interpreted by the courts of this state, except that the commission may permit the introduction of hearsay evidence when, in its opinion, the circumstances require.

(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) 12-15 | Rules of Practice and Procedure before the Missouri Judicial Finance Commission | Evidence

COR 12-15.03 | Rulings

The presiding officer shall rule on the admissibility of all evidence. The commission may review evidentiary rulings in determining the matter on its merits. In extraordinary circumstances, when the commission's prompt decision is necessary to promote substantial justice, the presiding officer may refer the matter to the commission for determination during the hearing.

First Adopted: April 21, 1983

Most Recently Effective: January 01, 2025

Court Operating Rule (COR) 12-15 | Rules of Practice and Procedure before the Missouri Judicial Finance Commission | Evidence

COR 12-15.05 | Objections and Exceptions

When objections are made to the admission or exclusion of evidence, the grounds relied on shall be stated briefly. Formal exceptions to rulings are unnecessary and need not be taken.

First Adopted: April 21, 1983

Most Recently Effective: January 01, 2025

Court Operating Rule (COR) 12-15 | Rules of Practice and Procedure before the Missouri Judicial Finance Commission | Evidence

COR 12-15.07 | Offer of Proof

If a party wishes to make an offer of proof for the record, the offer shall consist of a statement of the substance of the evidence not admitted because an objection was sustained.

First Adopted: April 21, 1983

Most Recently Effective: January 01, 2025

Court Operating Rule (COR) 12-15 | Rules of Practice and Procedure before the Missouri Judicial Finance Commission | Evidence

COR 12-15.09 | Prepared Testimony

With the presiding officer's approval, a witness may read into the record his or her testimony on direct examination. Before any prepared testimony is read, unless excused by the presiding officer, the witness shall provide copies thereof to the commission, the official reporter, and all parties. Admissibility shall be subject to the rules governing oral testimony. If the presiding officer deems that substantial savings in time will result without prejudice to any party, prepared testimony may be copied into the record without having the witness read it aloud.

First Adopted: April 21, 1983

Most Recently Effective: January 01, 2025

Court Operating Rule (COR) 12-15 | Rules of Practice and Procedure before the Missouri Judicial Finance Commission | Evidence

COR 12-15.11 | Expert Testimony

Expert testimony may be presented only with the commission's prior approval. Permission should be requested at a prehearing conference or in writing at least five days before hearing. The request should include the expert's name and address and a brief summary of the expected testimony.

First Adopted: April 21, 1983

Most Recently Effective: January 01, 2025

Court Operating Rule (COR) 12-15 | Rules of Practice and Procedure before the Missouri Judicial Finance Commission | Evidence

COR 12-15.13 | Documentary Evidence

If relevant and material matter offered in evidence is embraced in a document containing other matter, the offering party shall designate specifically the matter so offered. If other matter in the document would unnecessarily encumber the record, the document will not be received in evidence; but, at the presiding officer's discretion, the relevant and material matter may be read into the record or copies thereof received as an exhibit. Other parties shall be afforded opportunity to examine the document and to offer in evidence other portions thereof believed material and relevant.

First Adopted: April 21, 1983

Most Recently Effective: January 01, 2025

Court Operating Rule (COR) 12-15 | Rules of Practice and Procedure before the Missouri Judicial Finance Commission | Evidence

COR 12-15.15 | Stipulation

The parties may file a stipulation as to the facts. The stipulation shall be numbered and may be used at the hearing or for settlement purposes. This procedure is desirable whenever practicable. The stipulation shall not preclude the offering of additional evidence by any party or by the commission’s staff.

First Adopted: April 21, 1983

Most Recently Effective: January 01, 2025

Court Operating Rule (COR) 12-15 | Rules of Practice and Procedure before the Missouri Judicial Finance Commission | Evidence

COR 12-15.17 | Copies of Exhibits

When exhibits are offered in evidence, a copy shall be provided to the reporter. The party offering exhibits should also provide a copy for each commission member sitting, each party, and the commission staff, unless such copies have previously been furnished or the presiding officer directs otherwise.

(Approved for publication August 21, 1995. 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) 12-15 | Rules of Practice and Procedure before the Missouri Judicial Finance Commission | Evidence

COR 12-15.19 | Commission Records

If any matter contained in a document on file as a public record with the commission is offered in evidence, the document need not be produced as an exhibit, unless directed otherwise by the presiding officer, but may be received in evidence by reference, provided that the particular portions of such document are specifically identified and are otherwise competent, relevant, and material. If testimony in proceedings other than the one being heard is offered in evidence, a copy thereof shall be presented as an exhibit, unless the presiding officer otherwise directs.

First Adopted: April 21, 1983

Most Recently Effective: January 01, 2025

Court Operating Rule (COR) 12-15 | Rules of Practice and Procedure before the Missouri Judicial Finance Commission | Evidence

COR 12-15.21 | Official Notice of Facts

Official notice may be taken of such matters as may be judicially noticed by the courts of this state. The commission may also take official notice of the prior decisions of the commission as they may relate to issues before the commission.

(Approved for publication August 21, 1995. 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) 12-15 | Rules of Practice and Procedure before the Missouri Judicial Finance Commission | Evidence

COR 12-15.23 | Additional Evidence

At the hearing, the presiding officer may require the production of further evidence on any issue. On agreement of the parties, the presiding officer may authorize the filing of specific documentary evidence as a part of the record within a fixed time, reserving exhibit numbers therefor.

(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) 12-15 | Rules of Practice and Procedure before the Missouri Judicial Finance Commission | Evidence

COR 12-15.24 | Control of Procedure

The commission may limit the number of filings by the parties. After the imposition of any such limitation, a party may make additional filings only by leave of the chair or presiding officer upon a showing of good cause.