Idaho Admin. Code r. 62.01.01.325

Current through September 2, 2024
Section 62.01.01.325 - MOTIONS - DEFINED - FORM AND CONTENTS - TIME FOR FILING
01.Motions Defined. All other requests for the presiding officer to take any other action in a contested case are called "motions."
02.Form and Contents. Motions should:
a. Be in writing, and comply with the same form requirements as pleadings;
b. Not exceed twenty-five (25) pages for dispositive motions, or ten (10) pages for any other motion, except as authorized by the presiding officer;
c. Fully state the facts upon which they are based;
d. Refer to the particular provision of statute, rule, order, notice, or other controlling law upon which they are based; and
e. Include any affidavits, declarations, exhibits, and attachments intended to support the motion, which do not count towards any page limitation, except as otherwise directed by the presiding officer; and
f. State the relief sought.
03.Oral Argument. If the moving party desires oral argument on the motion, it must state so in the motion, including whether it is requested to be in-person or by remote means. All motions seeking dispositive relief shall be set for oral argument; all other motions may be decided on briefing without further oral argument, in the presiding officer's discretion.
04.Time for Filing. Except as otherwise directed by statute, rule, or order of the presiding officer, motions may be filed at any time during a contested case proceeding.
05.Oppositions to Motions. An opposition to a motion may be filed by any party in the proceedings using the same form and content requirements as the motion being opposed. Unless otherwise directed by the presiding officer, any opposition to a motion must be filed within fourteen (14) days after service of the motion. Reply briefs and further briefing on the motion shall be permitted only upon request of the presiding officer.
06.Determination of Motions.
a. Dispositive Motions. Any ruling on a dispositive motion shall be in writing. The presiding officer may suspend all deadlines, including the evidentiary hearing date, during the consideration of a dispositive motion.
b. Other Motions. Except as otherwise directed by statute, rule, or these rules, a ruling on any other motion may be presented orally by the presiding officer. The presiding officer may direct any party to submit a proposed order regarding an oral ruling.

Idaho Admin. Code r. 62.01.01.325

Effective July 1, 2024