4 Colo. Code Regs. § 723-1-1400

Current through Register Vol. 47, No. 11, June 10, 2024

Section 4 CCR 723-1-1400 - Motions

(a) Except for oral motions made during hearing, or where the Commission orders otherwise, any motion involving a contested issue of law shall be supported by a recitation of legal authority incorporated into the motion. Before filing a motion, moving counsel shall make a reasonable good faith effort to confer with all parties about the motion and report when the requested relief is unopposed. If no conference has occurred, the reason why shall be stated.

(I) Conferral is not required for motions made in accordance with rule 56 of the Colorado Rules of Civil Procedure, motions made in accordance with paragraph 1308(e), motions to strike, motions for an alternative form of notice or motions for an attorney to withdraw from a proceeding.

(II) If a motion is unopposed, it shall be entitled "Unopposed Motion for ________ ."

(b) Except for motions filed in an accelerated complaint proceeding and motions for permissive intervention, the responding party shall have 14 days after service of the motion, or such lesser or greater time as the Commission may allow, in which to file a response.

(c) In accelerated complaint proceedings, responses to motions shall be due within seven days of the date of service of the motion.

(d) The Commission may deem a failure to file a response as a confession of the motion.

(e) A movant may not file a reply to a response unless the Commission orders otherwise. Any motion for leave to file a reply must demonstrate:

(I) a material misrepresentation of a fact;

(II) accident or surprise, which ordinary prudence could not have guarded against;

(III) newly discovered facts or issues, material for the moving party which that party could not, with reasonable diligence, have discovered at the time the motion was filed; or

(IV) an incorrect statement or error of law.

(f) A motion for summary judgment may be filed in accordance with rule 56 of the Colorado Rules of Civil Procedure.

4 CCR 723-1-1400

38 CR 02, January 25, 2015, effective 2/14/2015

38 CR 20, October 25, 2015, effective 11/14/2015

43 CR 13, July 10, 2020, effective 7/30/2020

45 CR 07, April 10, 2022, effective 4/30/2022