Current through Register Vol. 35, No. 11, June 11, 2024
Section 1.7.12.13 - MOTIONSA. Any defense, objection, or request that can be determined on the merits prior to a hearing may be raised by motion before the deadline set by the hearing officer unless good cause is shown for the delay.B. Prior to filing the motion, the filing party shall determine whether the non-filing party concurs with the motion. If the non-filing party concurs, the filing party shall include a stipulated order with the motion. If the non-filing party does not concur, the filing party shall indicate the non-concurrence in the motion and include a proposed order.C. A response to a motion is due twelve (12) calendar days from the date of filing of the motion. A reply to a response is due seven (7) days from the date of filing the response. The response and reply schedule may also be set or modified by the hearing officer.D. Responses to any motions shall be filed according to a schedule set by the hearing officer.E. During the course of a hearing, motions may be renewed or made for the first time, if such a motion then becomes appropriate.F. The hearing officer shall rule on all motions except for dispositive motions on the merits.1.7.12.13 NMAC - Rp, 1 NMAC 7.12.13, 07/07/01; 1.7.12.13 NMAC - Rn, 1.7.12.12 NMAC & A, 7-15-05