Section R. 792.10432 - Motion practiceRule 432.
(1) In a pending proceeding, a request to the commission or presiding officer for a ruling or order, other than a final order, must be by motion. Unless made during a hearing, a motion must comply with all of the following provisions: (b) State with particularity the grounds and authority on which the motion is based.(c) State the relief or order sought.(d) Be signed or electronically signed by the party or the party's attorney.(2) Except as provided under subrule (7) of this rule, unless a different time is set by the commission or presiding officer or unless the motion is one that may be heard ex parte, a written motion, notice of the hearing on the motion, and any supporting brief or affidavits shall be served as follows:(a) Not less than 9 days before the hearing, if served by mail or courier delivery service.(b) Not less than 7 days before the hearing, if served electronically or by delivery to the attorney or party under MCR 2.107(c)(1) or (2).(3) Unless a different time is set by the commission or presiding officer, any response to a motion, including a brief or an affidavit, shall be served as follows:(a) Not less than 5 days before the hearing, if served by mail or courier delivery service.(b) Not less than 3 days before the hearing, if served electronically or by delivery to the attorney or party under MCR 2.107(c)(1) or (2).(4) Motions must be noticed for hearing at the time designated by the commission or presiding officer.(5) When a motion is based on facts not appearing on the record, the commission or presiding officer may hear the motion on affidavits presented by the parties or may direct that the motion be heard wholly or partly as oral testimony or deposition.(6) The commission or presiding officer may limit oral arguments on motions and may require the parties to file briefs in support of, and in opposition to, a motion. The commission may dispense with oral argument on matters brought before the commission.(7) Except for good cause, a motion to extend time must be filed and served before the expiration of the period originally prescribed.(8) A motion addressed to the commission shall be filed and served on all parties and the director of the regulatory affairs division. Any responsive pleading shall be filed and served on all parties and the director of the regulatory affairs division within 7 days after the motion is filed unless otherwise provided by these rules.(9) In instances where the presiding officer has transmitted a case to the commission, the director of the regulatory affairs division may approve uncontested scheduling changes, stipulations, and other minor requests by parties to the proceedings without notice, a hearing, or a commission order.Mich. Admin. Code R. 792.10432
2015 AACS; 2023 MR 19, Eff. 9/29/2023