Ala. Admin. Code r. 335-2-1-.07

Current through Register Vol. 42, No. 11, August 30, 2024

Section 335-2-1-.07 - Motions

(1) All motions, except those made orally on the record during a hearing, shall (a) be in writing; (b) state the grounds therefor with particularity; (c) set forth the relief or order sought; and (d) be accompanied by any affidavit, certificate, other evidence, or legal argument relied upon. Such motions shall be served as provided by Rule 335-2-1-.24

(2) The Commission or Hearing Officer shall set a reasonable time for response to motions. A party's response to such motion shall be accompanied by any affidavit, certificate, other evidence, or legal argument relied upon.

(3) The Commission or Hearing Officer shall rule on all written motions within fifteen days after the last allowed time period for response or the last hearing on the motion, whichever is later. The failure of the Commission or Hearing Officer to rule on a motion within the time required will be considered a denial of said motion without prejudice. This paragraph shall not apply to motions to dismiss filed pursuant to Rule 335-2-1-.21(4), or motions for summary judgment filed pursuant to Rule 335-2-1-.22.

Author: Olivia H. Jenkins

Ala. Admin. Code r. 335-2-1-.07

New Rule: Filed September 27, 1994; effective November 1, 1994.

Statutory Authority:Code of Ala. 1975, §§ 22-22A-5, 22-22A-6, 22-22A-7, 22-22A-8.