Effective 28 Aug 1992

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:

(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.

­­--------

(RSMo 1939 § 6056, A.L. 1991 H.B. 385, et al., A.L. 1992 H.B. 1574)

Prior revisions: 1929 § 5945; 1919 § 6353; 1909 § 7083

*Word "with" appears in original rolls.