D.C. Mun. Regs. tit. 7, r. 7-265

Current through Register Vol. 71, No. 44, November 1, 2024

Rule 7-265 - MOTIONS

265.1

An application to the Board for an order (other than a final decision and order) shall be by motion in writing (original and three copies).

265.2

A motion shall state with particularity the grounds therefore, including any legal support, and shall set forth the relief or order sought, and shall be accompanied by a certification showing that the opposing party(ies) have been served with the motion. If there is no objection to a motion by the other party(ies) in the case, the absence of objection shall be stated in the motion.

265.3

A motion, and any accompanying statement in support of the motion, shall be a separate document and shall not be incorporated in the text of any other paper filed with the Board.

265.4

Within five (5) calendar days of the receipt of a copy of a motion, an opposing party may file a written response (original and three copies) with the Board.

265.5

Except as otherwise provided in these Rules, motions shall be determined and disposed of by the Board as follows:

(a) Where a Review Panel has not been assigned to the case, the Chief Administrative Appeals Judge, or the Clerk of the Board where designated by the Chief Administrative Appeals Judge, may enter orders on behalf of the Board with respect to all non-dispositive motions, including motions for stays and for extensions of time for filing supporting and responding memorandum and briefs.

(b) Where a Review Panel has been assigned to the case, the designated Chair of the Review Panel shall review and decide all non-dispositive motions, including motions for stays and for extensions of time, and enter orders on behalf of the Board with respect thereto.

(c) All dispositive motions, including but not limited to motions to dismiss, whether opposed or unopposed, shall be reviewed and decided by the Review Panel assigned to the case, unless no Review Panel has been assigned in which event a panel of three Board Members shall be assigned to the case by the Chief Administrative Appeals Judge for the purpose of deciding the motion.

D.C. Mun. Regs. tit. 7, r. 7-265

Notice of Emergency and Proposed Rulemaking published at 52 DCR 8405 (September 9, 2005) [EXPIRED]; as amended by Final Rulemaking published at 52 DCR 11093 (December 23, 2005)