Rule 5.13 - Answer Required - Extension And Filing Out Of Time - Peremptory Challenges - Appointment Of Counsel - Default(a) Filing Answer or Other Response. An answer or other response shall be filed with the chair of the Advisory Committee and a copy served 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. Motions to dismiss the information or counts therein, or other dispositive motions, shall not be permitted. If no disciplinary hearing panel has been appointed, the chair of the Advisory Committee may make a determination on other motions.(b) Request for Extension of Time to File Answer. Time to file an answer may be extended by the chair of the Advisory Committee only once and solely for good cause shown. The request for the extension shall be filed within 30 days after the service of the information on the respondent. No request for extension filed more than 30 days after the service of information on the respondent shall be considered.(c) Filing Answer Out of Time. Upon notice and motion made more than 30 days after service upon the respondent, and prior to the filing with this Court of an information with notice of default, the chair of the Advisory Committee may, for good cause shown, and upon a showing of excusable neglect, permit the filing of an answer.(d) Peremptory Challenges. When an answer is filed, the respondent may exercise peremptory challenges of two persons from the furnished list of disciplinary hearing officers and Advisory Committee members. The persons challenged shall be ineligible to serve on the disciplinary hearing panel assigned to try the information. The peremptory challenges shall be directed to the chair of the Advisory Committee with service on the counsel of record for the informant and the Chief Disciplinary Counsel.(e) Consideration of Mental Disorder. Pursuant to Rule 5.285, a person claiming a mental disorder shall identify such at the time of filing an answer.(f) Appointment of Counsel. When requested by the respondent and upon a finding of financial inability to employ counsel, the Advisory Committee shall appoint or employ counsel to represent the respondent. The request shall be filed not later than the date for filing an answer or other response pursuant to this Rule 5.13. The request shall be consistent with Rule 77.03 and contain at least the following information:
(1) A statement of all the respondent's current assets and liabilities;(2) Copies of all of the respondent's bankruptcy petitions and orders; and(3) Copies of the respondent's state and federal personal income and business tax returns for the prior three-year period. If the Advisory Committee finds counsel should be appointed or employed, it shall fix the compensation of counsel, which shall be paid from the Advisory Committee Fund. Such appointment or employment is effective only for the disciplinary hearing proceeding and terminates at the end of the disciplinary hearing proceeding. The respondent shall be responsible for paying any and all costs and expenses. If the matter proceeds to this Court through the filing of a record, the respondent may request appointment of counsel at this Court pursuant to Rule 5.19(f).
(g) Default. (1) If an answer or other response is not timely filed with the chair of the Advisory Committee, 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.(2) The failure to timely file an answer to the information with the chair of the Advisory Committee shall be deemed an admission of the facts and charges contained in the information.(3) Within 30 days after the filing of the notice of default, the respondent may submit suggestions in support of a particular discipline. The failure to timely submit suggestions shall be deemed consent to imposition of any discipline by the Court.(4) After the suggestions in support are filed pursuant to Rule 5.13(g)(3), or the time for doing so has passed, the Court shall impose discipline without further process.(5) Motions to set aside orders of discipline following a default under this Rule 5.13 shall be verified and shall be granted only 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.Mo. R. Gov. Bar Jud. 5.13
Adopted June 20, 1995, eff. Jan. 1, 1996, eff. Feb. 27, 2002; repealed and readopted ; amended June 28, 2016, effective 7/1/2016; amended May 31, 2022, eff. 1/1/2023.