§ 2200.40 - Motions and requests.

§ 2200.40 Motions and requests.

(a) How to make. A An application or request for an order shall must be made by written motion. Motions A motion shall not be included in writing another pleading or , unless the Judge directs otherwise, may be made orally during a hearing on the record and shall be included in the transcriptdocument, such as a brief or petition for discretionary review, but shall be made in a separate document. In exigent circumstances in cases pending before Judgesa Judge, a an oral motion may be made telephonically if it is during an off-the-record telephone conference if the motion is subsequently reduced to writing and filed as soon as possible but no later than 3 working days following the time the motion was made. A motion shall state with particularity the grounds on which it is based and shall set forth the relief or order sought. A motion shall not be included in another document, such as a brief or a petition for discretionary review, but shall be made in a separate document. within such time as the judge prescribes.

(b) Form of motions. All motions shall contain a caption complying with § 2200.31 and a signature complying with § 2200.32. Requests for orders that are presented in any other form, such as by a business letter or by an email, shall not be considered or granted.

(c) Content of motions. A motion shall contain a clear and plain statement of the relief sought and state with particularity the grounds for seeking the order. Written memoranda, briefs, affidavits, or other relevant material or documents may be filed in support of the motion or a response.

(d) Duty to confer. Prior to filing a motion, the moving party shall confer or make reasonable efforts to confer with

the

all other parties and shall state in the motion the efforts undertaken to confer. The motion shall also state if any other party opposes or does not oppose the motion.

(

b)

e) Proposed order for procedural motions. All procedural motions shall be accompanied by a proposed order that would grant the relief requested in the motion. A procedural motion may be ruled upon prior to the expiration of the time for response.

(f) Oral motions. Oral motions may be made during a hearing and shall be included in the transcript, if a transcript is being made.

(g) When to make.

(1) A motion filed in lieu of an answer pursuant to § 2200.34(

b

c) shall be filed no later than

20

21 days after

the

service of the complaint.

Any other motion

(2) Motions shall be made as soon as the grounds

therefor

for the motion are known.

(c)

A party is not required to raise by motion any matter that the party has previously included in any pleading as defined in § 2200.1(n), unless the party seeks a ruling on the previously pleaded matter prior to the hearing on the merits.

(3) A motion to postpone a hearing shall comply with § 2200.62.

(h) Responses. Any party or intervenor upon whom a motion

is

has been served shall

have 10

file a response within 14 days from service of the motion

to file a response. A procedural motion may be ruled upon prior to the expiration of the time for response; a

.

(i) Reconsideration. A party adversely affected by

the

a ruling on any motion may file a motion for reconsideration within

5

7 days of service of the ruling

seek reconsideration

.

(

d)Postponement not automatic upon filing of motion

j) Summary judgment motions. The

filing of a motion, including a motion for a postponement, does not automatically postpone a hearing. See § 2200.62 with respect to motions for postponement.

[51 FR 32015, Sept. 8, 1986; 52 FR 13832, Apr. 27, 1987, as amended at 57 FR 41685, Sept. 11, 1992; 62 FR 35963, July 3, 1997; 74 FR 63986, Dec. 7, 2009]

provisions of Federal Rule of Civil Procedure 56 apply to motions for summary judgment.