Section 27-110. MOTIONS PRACTICE  


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    110.1Every application to the Board for an order or other relief shall be by motion. Before filing any motion, the moving party shall first ascertain whether other affected parties will consent to the relief sought. Only when the movant certifies in writing that despite diligent efforts consent could not be obtained, will the Board consider the motion as a contested matter. If the relief sought is consented to but requires Board approval, the moving party shall serve the other parties and file with the Board a motion which includes the word "Consent" in its title and states that all affected parties have consented to the relief sought.

     

    110.2With the exception of a motion made during a hearing or conference, all motions shall be in writing, unless otherwise directed by the Board. A motion shall be accompanied by a statement of its purpose, the grounds on which it is based, and the reasons for the order or relief sought.

     

    110.3A written motion shall include on separate page(s) following the signature page a proposed order for the Board's signature including, if paper filed, a list of all parties, and their current addresses.

     

    110.4A motion shall include within its body a statement setting forth specific points and authorities to support the motion, including a concise statement of facts material to the issues raised in the motion. No separate memorandum of points and authorities shall be required.

     

    110.5A memorandum of opposing points and authorities may be filed with the Board and served on a party no later than ten (10) days after service of the motion or within a larger or shorter time as the Board may grant or order. If a statement of opposing points and authorities is not filed within the prescribed time, the Board may treat the motion as conceded.

     

    110.6A reply memorandum may be filed by the moving party.

     

    110.7The Board may decide a motion without a hearing, or may order a hearing on a motion upon the application of either party.

     

    110.8Despite the provisions of Rule 110.5, for good cause shown, the Board may act upon a motion at any time without waiting for a response to the motion by the opposing party.

     

    110.9If a moving party fails to appear at a hearing on its motion, the Board may treat the motion as withdrawn and the motion may be refiled only with the permission of the Board. If the opposing party fails to appear at the hearing, the Board may treat the motion as conceded.

     

    110.10In addition to the statement of points and authorities required by Rule 110.4 to be included within the body of the motion, a motion for summary judgment shall also include within the motion a separate statement of the material facts as to which the moving party contends there is no genuine issue.

     

source

Final Rulemaking published at 49 DCR 2078 (March 8, 2002).