Hearing by the court, procedures--no continuances or discovery,exceptions.
375.610. 1. All pleadings shall be made up and filed at orbefore the day of the hearing, and the court shall, without theintervention of a jury, and without unnecessary delay, proceed tohear and determine such cause at the time and date set for trial;or on motion of the plaintiff, but in no other case, the courtmay, on the return day, refer the hearing of the case to areferee or master, with power to hear the testimony and reporthis conclusions on the same to the court.
2. To proceed without unnecessary delay, the court, orreferee 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 thecourt has offered to the director and the director has rejected,referral of the case to a referee or master under this sectionand section 375.620;
(b) A continuance only so long as absolutely necessary upona finding by the court or referee or master, that one or more ofthe following has either died since the filing of the petition orcurrently suffers from a serious illness which makes such personunavailable to appear before the court:
a. The director or his principal trial counsel;
b. The chairman of the board of directors of defendant orsuch defendant's principal trial counsel;
c. The judge or referee or master before whom the case waspending; 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 thefollowing occur:
a. The director has failed or refused to tender to thedefendant, on or before the return day of the summons, * a copy ofany examination report regarding the condition and affairs of thedefendant as of a date not exceeding six months before the returnday of the summons; or
b. The director has failed to file with the court, on orbefore the return day of the summons, the director's bindingstipulation that his case-in-chief will consist solely of theintroduction of such examination report under subsection 1 ofsection 375.630. Such a stipulation shall not preclude thedirector from introducing other evidence in rebuttal of evidenceoffered by the defendant;
(b) Even if either of the events described in subparagraphsa or b of paragraph (a) of this subdivision occurs, discoveryshall be expedited and limited in nature and scope to thosematters having direct bearing on the grounds alleged for theformal delinquency proceeding;
(3) Exclude based on a rebuttable presumption that theprejudicial effect outweighs the probative value of any of thefollowing evidence:
(a) Evidence pertaining to the condition and affairs of anyinsurer not named by the director as a defendant;
(b) Testimony under subpoena or other compulsory processissued at the request of the offering party from more than twoemployees or agents of the director, or of each defendant.
The party offering any such evidence may rebut such presumptionby demonstrating that the probative value of such evidencedirectly related to the allegations of the petition outweighs theprejudicial effect to the objecting parties, to entities notparty to the proceedings, and from the length of time necessaryfor the hearing.
Hearing by the court, procedures--no continuances or discovery,exceptions.
375.610. 1. All pleadings shall be made up and filed at orbefore the day of the hearing, and the court shall, without theintervention of a jury, and without unnecessary delay, proceed tohear and determine such cause at the time and date set for trial;or on motion of the plaintiff, but in no other case, the courtmay, on the return day, refer the hearing of the case to areferee or master, with power to hear the testimony and reporthis conclusions on the same to the court.
2. To proceed without unnecessary delay, the court, orreferee 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 thecourt has offered to the director and the director has rejected,referral of the case to a referee or master under this sectionand section 375.620;
(b) A continuance only so long as absolutely necessary upona finding by the court or referee or master, that one or more ofthe following has either died since the filing of the petition orcurrently suffers from a serious illness which makes such personunavailable to appear before the court:
a. The director or his principal trial counsel;
b. The chairman of the board of directors of defendant orsuch defendant's principal trial counsel;
c. The judge or referee or master before whom the case waspending; 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 thefollowing occur:
a. The director has failed or refused to tender to thedefendant, on or before the return day of the summons, * a copy ofany examination report regarding the condition and affairs of thedefendant as of a date not exceeding six months before the returnday of the summons; or
b. The director has failed to file with the court, on orbefore the return day of the summons, the director's bindingstipulation that his case-in-chief will consist solely of theintroduction of such examination report under subsection 1 ofsection 375.630. Such a stipulation shall not preclude thedirector from introducing other evidence in rebuttal of evidenceoffered by the defendant;
(b) Even if either of the events described in subparagraphsa or b of paragraph (a) of this subdivision occurs, discoveryshall be expedited and limited in nature and scope to thosematters having direct bearing on the grounds alleged for theformal delinquency proceeding;
(3) Exclude based on a rebuttable presumption that theprejudicial effect outweighs the probative value of any of thefollowing evidence:
(a) Evidence pertaining to the condition and affairs of anyinsurer not named by the director as a defendant;
(b) Testimony under subpoena or other compulsory processissued at the request of the offering party from more than twoemployees or agents of the director, or of each defendant.
The party offering any such evidence may rebut such presumptionby demonstrating that the probative value of such evidencedirectly related to the allegations of the petition outweighs theprejudicial effect to the objecting parties, to entities notparty to the proceedings, and from the length of time necessaryfor the hearing.
Hearing by the court, procedures--no continuances or discovery,exceptions.
375.610. 1. All pleadings shall be made up and filed at orbefore the day of the hearing, and the court shall, without theintervention of a jury, and without unnecessary delay, proceed tohear and determine such cause at the time and date set for trial;or on motion of the plaintiff, but in no other case, the courtmay, on the return day, refer the hearing of the case to areferee or master, with power to hear the testimony and reporthis conclusions on the same to the court.
2. To proceed without unnecessary delay, the court, orreferee 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 thecourt has offered to the director and the director has rejected,referral of the case to a referee or master under this sectionand section 375.620;
(b) A continuance only so long as absolutely necessary upona finding by the court or referee or master, that one or more ofthe following has either died since the filing of the petition orcurrently suffers from a serious illness which makes such personunavailable to appear before the court:
a. The director or his principal trial counsel;
b. The chairman of the board of directors of defendant orsuch defendant's principal trial counsel;
c. The judge or referee or master before whom the case waspending; 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 thefollowing occur:
a. The director has failed or refused to tender to thedefendant, on or before the return day of the summons, * a copy ofany examination report regarding the condition and affairs of thedefendant as of a date not exceeding six months before the returnday of the summons; or
b. The director has failed to file with the court, on orbefore the return day of the summons, the director's bindingstipulation that his case-in-chief will consist solely of theintroduction of such examination report under subsection 1 ofsection 375.630. Such a stipulation shall not preclude thedirector from introducing other evidence in rebuttal of evidenceoffered by the defendant;
(b) Even if either of the events described in subparagraphsa or b of paragraph (a) of this subdivision occurs, discoveryshall be expedited and limited in nature and scope to thosematters having direct bearing on the grounds alleged for theformal delinquency proceeding;
(3) Exclude based on a rebuttable presumption that theprejudicial effect outweighs the probative value of any of thefollowing evidence:
(a) Evidence pertaining to the condition and affairs of anyinsurer not named by the director as a defendant;
(b) Testimony under subpoena or other compulsory processissued at the request of the offering party from more than twoemployees or agents of the director, or of each defendant.
The party offering any such evidence may rebut such presumptionby demonstrating that the probative value of such evidencedirectly related to the allegations of the petition outweighs theprejudicial effect to the objecting parties, to entities notparty to the proceedings, and from the length of time necessaryfor the hearing.
