170 Ind. Admin. Code 1-1.1-12

Current through November 6, 2024

Section 170 IAC 1-1.1-12 - Motions

Authority: IC 8-1-1-3; IC 8-1-2-47

Affected: IC 8-1-1-5; IC 8-1-1.1-5.1; IC 8-1-3-1

Sec. 12.

(a) A motion must state the grounds therefor and the relief sought. Parties may file motions:

(1) to strike an insufficient claim or defense;

(2) to:

(A) add additional parties;

(B) strike out improper parties; or

(C) substitute parties;

(3) to dismiss a proceeding for:

(A) lack of jurisdiction;

(B) insufficiency of the petition; or

(C) other sufficient cause;

(4) for:

(A) a continuance of a hearing; or

(B) an extension of time for:

(i) filing a pleading; or

(ii) complying with an order; or

(5) for other appropriate relief.

(b) Motions based on a matter that does not appear of record shall be supported by affidavit.

(c) Motions may be accompanied by memoranda in support thereof.

(d) A party may make a motion in writing. Motions made during hearings may be stated orally upon the record. The presiding officer may require that oral motions be:

(1) reduced to writing; and

(2) filed separately.

(e) Responses to motions made during hearings may be stated orally on the record, or the presiding officer may require that oral responses be:

(1) reduced to writing; and

(2) filed separately.

A response to a written motion must be filed with the commission within ten (10) days after service of the motion unless the presiding officer prescribes a different time or unless it is an objection to a request for confidential treatment under section 4(a)(1)(A) of this rule.

(f) The moving party may reply to a response made to the party's motion. A reply to responses made orally during a hearing may be stated orally on the record, or the presiding officer may require that a reply be reduced to writing and filed separately. A written reply to a response shall be filed with the commission within seven (7) days after service of the written response or after the response is made orally on the record unless the presiding officer prescribes a different time.

(g) A presiding officer is authorized to rule upon motions. No ruling by a presiding officer upon a motion shall be deemed a final ruling of the commission for purposes of IC 8-1-3-1 until the commission:

(1) issues a final order in the cause; or

(2) makes a determination upon an appeal of the presiding officer's ruling under section 25 of this rule.

(h) Motions not specifically provided for by this section shall be made in accordance with an Indiana Rule of Trial Procedure applicable, consistent with section 26(a) of this rule.

170 IAC 1-1.1-12

Indiana Utility Regulatory Commission; 170 IAC 1-1.1-12; filed Oct 30, 2000, 2:10 p.m.: 24 IR 659; readopted filed Apr 6, 2006, 11:00 a.m.: 29 IR 2670; filed May 21, 2008, 9:29 a.m.: 20080618-IR-170070514FRA; readopted filed Jun 14, 2012, 3:04 p.m.: 20120711-IR-170120199RFA

Readopted filed 4/12/2018, 11:21 a.m.: 20180509-IR-170180113RFA

Filed 6/10/2020, 7:38 a.m.: 20200708-IR-170190378FRA