Prosecuting Attorney Represents Director of Revenue
On appeal of license revocation from the Director of Revenue to circuit court, the Director of Revenue has no duty to file a responsive pleading, but has the burden of proof and appears through the prosecuting attorney. Prosecuting attorney’s failure to appear results in a failure to carry the burden of proof. The resulting judgment is on the merits and not void.
Paul Joseph Mottet vs. Director of Revenue, State of Missouri
Missouri Court of Appeals, Western District – WD84301