D.C. Mun. Regs. tit. 1, r. 1-2817

Current through Register Vol. 71, No. 49, December 6, 2024

Rule 1-2817 - MOTIONS PROCEDURE

2817.1

A "motion" is a request for an Administrative Law Judge to take some action. Before filing any motion (except a motion for summary adjudication, voluntary dismissal, reconsideration, relief from a final order, attorney's fees, or sanctions), a party shall make a good faith effort to ask all other parties if they agree to what the motion requests. The motion shall describe that good faith effort to obtain consent to the motion, and state whether the other parties agreed to what the motion requests. If a party fails to comply with this §§ 2817.1, an Administrative Law Judge may deny the motion.

2817.2

Unless made during a hearing, all motions shall be in writing. Parties may choose to file, or an Administrative Law Judge may require the parties to file, briefs (written arguments) in support of or in opposition to a motion. The required format and structure for motions shall be as follows:

(a) Without permission from an Administrative Law Judge, no motion or response (or any brief in support of or in opposition to a motion) shall exceed twenty (20) one and one-half (1.5)-spaced typed pages in length, excluding exhibits.

(b) The font size of a motion, response, or brief shall be at least twelve (12) points, with no less than one-inch margins.

(c) The first page of a motion, response, or brief shall include: the parties' names, the case number, and the name of the presiding Administrative Law Judge, if known. The last page shall include a certificate of service that complies with §§ 2812.9.

(d) A motion shall state what the party wants the Administrative Law Judge to do and why.

2817.3

When a motion is based on information not on the record, a party may support or oppose the motion with affidavits, declarations, or other papers.

2817.4

Except as otherwise ordered by an Administrative Law Judge, a separate memorandum of points and authorities shall not be filed with a motion.

2817.5

Before filing a motion to schedule or reschedule a hearing or status conference, a party shall make a good faith effort to consult with all other parties and seek agreement on two (2) or more acceptable dates and times for the hearing or status conference.

2817.6

Unless otherwise provided by these rules or ordered by an Administrative Law Judge, all parties opposing a motion shall have fourteen (14) calendar days from the service of the motion to file and serve a response. Further filings related to the motion are not permitted and may be rejected unless ordered by an Administrative Law Judge.

2817.7

The Administrative Law Judge may decide any motion without holding a hearing. No motion, including a motion to extend time, to continue a hearing, or to seek other relief, shall be effective until an Administrative Law Judge decides the motion in writing. Parties may contact OAH to learn if an Administrative Law Judge has decided a motion.

2817.8

The Administrative Law Judge may decide a motion regarding scheduling or rescheduling without waiting for a response.

D.C. Mun. Regs. tit. 1, r. 1-2817

Final Rulemaking published at 51 DCR 6399 (June 25, 2004); as amended by Notice of Final Rulemaking published at 57 DCR 12541, 12554 (December 31, 2010); Final Rulemaking published at 63 DCR 6556 (4/29/2016); amended by Final Rulemaking published at 71 DCR 13913 (12/1/2024)

Authority: The Chief Administrative Law Judge of the Office of Administrative Hearings (OAH), pursuant to the authority set forth in Sections 8(a)(7) and 8(b)(7) of the Office of Administrative Hearings Establishment Act of 2001, effective March 6, 2002 (D.C. Law 14-76, D.C. Official Code §§ 2-1831.05(a)(7) and (b)(7)) .