Missouri Laws 375.610 – Hearing by the court, procedures — no continuances or discovery, exceptions
1. All pleadings shall be made up and filed at or before the day of the hearing, and the court shall, without the intervention of a jury, and without unnecessary delay, proceed to hear and determine such cause at the time and date set for trial; or on motion of the plaintiff, but in no other case, the court may, on the return day, refer the hearing of the case to a referee or master, with power to hear the testimony and report his conclusions on the same to the court.
2. To proceed without unnecessary delay, the court, or referee or master appointed by the court, shall:
Terms Used In Missouri Laws 375.610
- Continuance: Putting off of a hearing ot trial until a later time.
- Defendant: In a civil suit, the person complained against; in a criminal case, the person accused of the crime.
- Director: the director of the department of commerce and insurance. See Missouri Laws 375.001
- Discovery: Lawyers' examination, before trial, of facts and documents in possession of the opponents to help the lawyers prepare for trial.
- Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
- following: when used by way of reference to any section of the statutes, mean the section next preceding or next following that in which the reference is made, unless some other section is expressly designated in the reference. See Missouri Laws 1.020
- Insurer: all insurance companies, reciprocals, or interinsurance exchanges transacting the business of insurance in this state. See Missouri Laws 375.001
- person: may extend and be applied to bodies politic and corporate, and to partnerships and other unincorporated associations. See Missouri Laws 1.020
- Plaintiff: The person who files the complaint in a civil lawsuit.
- Pleadings: Written statements of the parties in a civil case of their positions. In the federal courts, the principal pleadings are the complaint and the answer.
- Subpoena: A command to a witness to appear and give testimony.
- Summons: Another word for subpoena used by the criminal justice system.
- Testimony: Evidence presented orally by witnesses during trials or before grand juries.
- Trial: A hearing that takes place when the defendant pleads "not guilty" and witnesses are required to come to court to give evidence.
(1) Grant no continuance, except for one of the following:
(a) Continuances by the court on its own motion if the court has offered to the director and the director has rejected, referral of the case to a referee or master under this section and section 375.620;
(b) A continuance only so long as absolutely necessary upon a finding by the court or referee or master, that one or more of the following has either died since the filing of the petition or currently suffers from a serious illness which makes such person unavailable to appear before the court:
a. The director or his principal trial counsel;
b. The chairman of the board of directors of defendant or such defendant’s principal trial counsel;
c. The judge or referee or master before whom the case was pending; or
(c) A continuance upon the consent of all parties;
(2) Apply the following rules concerning discovery:
(a) Order or permit no discovery, unless either of the following occur:
a. The director has failed or refused to tender to the defendant, on or before the return day of the summons, * a copy of any examination report regarding the condition and affairs of the defendant as of a date not exceeding six months before the return day of the summons; or
b. The director has failed to file with the court, on or before the return day of the summons, the director’s binding stipulation that his case-in-chief will consist solely of the introduction of such examination report under subsection 1 of section 375.630. Such a stipulation shall not preclude the director from introducing other evidence in rebuttal of evidence offered by the defendant;
(b) Even if either of the events described in subparagraphs a or b of paragraph (a) of this subdivision occurs, discovery shall be expedited and limited in nature and scope to those matters having direct bearing on the grounds alleged for the formal delinquency proceeding;
(3) Exclude based on a rebuttable presumption that the prejudicial effect outweighs the probative value of any of the following evidence:
(a) Evidence pertaining to the condition and affairs of any insurer not named by the director as a defendant;
(b) Testimony under subpoena or other compulsory process issued at the request of the offering party from more than two employees or agents of the director, or of each defendant. The party offering any such evidence may rebut such presumption by demonstrating that the probative value of such evidence directly related to the allegations of the petition outweighs the prejudicial effect to the objecting parties, to entities not party to the proceedings, and from the length of time necessary for the hearing.