Missed it by that much

Michael Bersin

2 hours ago

Denny Hoskins (r) [2017 file photo].

SC101805

In the
Supreme Court of Missouri

RICHARD VON GLAHN,
Appellant,
v.
MISSOURI SECRETARY OF STATE DENNY HOSKINS,
Respondent.

Appeal from the Circuit Court of Cole County
The Honorable Daniel R. Green

[….]

MOTION FOR LEAVE TO FILE OUT OF TIME

Respondent respectfully requests that this Court grant leave to file Response to Order to Show Cause out of time. Due to a technical issues with Missouri’s CaseNet system, counsel filed Respondent’s Response to Order to Show Cause at 12:06pm on September 9, 2026. Respondent requests leave to file the Response to Order to Show Cause out of time. In support of this Motion, Respondent states as follows:

1. On September 8, 2026 at 7:09pm, Appellant filed an Emergency Motion to hold Respondent in contempt.

2. That same evening, this Court ordered Respondent to respond by 12:00pm on September 9, 2026.

3. Counsel worked expeditiously and diligently to comply with this Court’s order.

4. Counsel for Respondent prepared the Respondent’s Response for filing before 12:00pm on September 9, 2026. However, when Counsel’s paralegal entered the CaseNet system for filing, she encountered an error which prohibited her from filing. This error required her to restart CaseNet in order to file. After restarting CaseNet, she promptly filed the Response at 12:06pm.

5. Rule 44.01(b), provides that courts may enlarge the time in which an act is required to be done where there is excusable neglect. Respondent’s failure to file timely was not due to indifference or deliberate disregard—simply an unforeseen technical issue.

WHEREFORE, Respondent, by and through the undersigned counsel, respectfully requests that the Court allow the filing out of time for the reason articulated above.

Respectfully submitted,
CATHERINE L. HANAWA
Attorney General

[….]