N.J. Admin. Code § 6A:4-3.1

Current through Register Vol. 56, No. 12, June 17, 2024

Section 6A:4-3.1 - General provisions

(a) Every motion shall be accompanied by a brief that conforms to the requirements of either N.J.A.C. 6A:4-2.8(d) or (g). The brief shall explain clearly the nature of the action, the relief sought by the moving party, and why the moving party is entitled to the relief sought.

(b) Every brief shall include as an attachment any School Ethics Commission or State Board of Examiners decision or order granting or denying the relief sought or challenged, and portions of the record upon which the moving party either relies or should reasonably assume the opposing party will rely.

(c) Each motion shall be accompanied by an affidavit setting forth fully the factual basis upon which the motion is based.

(d) The moving party shall serve one copy of the moving papers on all other parties and shall file the original with the Commissioner.

(e) Except as provided at N.J.A.C. 6A:4-3.5, an opposing party shall have 10 days after service of the moving party's papers to serve and file papers in opposition. The opposing party's brief shall explain clearly the grounds for opposition, annexing any papers relied on that were not included in the moving party's appendix. If no opposing brief is filed, the Commissioner may consider the motion unopposed.

(f) Except by leave of the Commissioner, supporting and answering briefs shall not exceed 15 pages, exclusive of table of contents and appendix.

N.J. Admin. Code § 6A:4-3.1

Amended by 48 N.J.R. 2782(a), effective 12/19/2016

Amended by 55 N.J.R. 2405(a), effective 12/4/2023