W. Va. Code R. § 150-38-23

Current through Register Vol. XLI, No. 50, December 13, 2024

Section 150-38-23 - Motions

23.1. A request for a Commission order shall be by written motion, stating with particularity the grounds and authority therefor, including any supporting legal analysis, and setting forth the relief sought.

23.2. Motions to compel discovery must contain a certification by the moving party that a good faith attempt to resolve the dispute was made prior to filing the motion.

23.3. Motions seeking an order that the allegations in the complaint be made more definite and certain are prohibited.

23.4. Motions to dismiss all or part of a complaint are permitted. The filing of a motion to dismiss does not suspend any other filing deadlines under the Commission's rules, unless the Commission issues an order suspending such deadlines.

23.5. Oppositions to motions shall be filed and served within 5 business days after the motion is served. Oppositions shall be limited to the specific issues and allegations contained in the motion; when a motion is incorporated in an answer to a complaint, the opposition to such motion shall not address any issues presented in the answer that are not also specifically raised in the motion. Failure to oppose any motion may constitute grounds for granting the motion.

23.6. No reply may be filed to an opposition to a motion, except as authorized by the Commission.

W. Va. Code R. § 150-38-23