Okla. Admin. Code § 310:2-21-17

Current through Vol. 42, No. 4, November 1, 2024

Section 310:2-21-17 - Motions, applications and other written submissions

(a)Margins and page length. All written submissions shall be typewritten in clear type not less than 12-point, with single spaced lines of quoted matter and double spaced lines of unquoted matter. The margins of the printed page shall be one and one-quarter (11/4) inches on the left side and one (1) inch on the other three sides.

(b)Accompanied by proposed order. Motions and applications are to be accompanied by a proposed order.

(c)Length. All motions, applications and responses thereto, including briefs, shall not exceed ten (10) pages in length, excluding exhibits, without prior permission of the assigned administrative law judge. A request for enlargement of page length may accompany the written instrument filed. Reply briefs shall be limited to five (5) pages in length. Page limitations herein exclude only the cover, if used, index, appendix, signature line and accompanying information identifying attorneys and parties, and certificate of service. No further briefs shall be filed without prior permission of the assigned administrative law judge. Exceptions to this requirement are not favored.

(d)When responses are due. Unless otherwise ordered by the assigned administrative law judge, objections to motions or responses to written submissions are due within fifteen (15) days of receipt. Replies to objections or to responses to written submissions are due within ten (10) days of receipt. Exceptions to this requirement may be granted upon application and for good cause shown.

(e)Hearings upon motions or applications. The assigned administrative law judge shall decide any motion or application without hearing based upon the written submissions of the parties unless the assigned administrative law judge determines that an evidentiary hearing is necessary for a proper resolution of the issue(s) submitted.

(f)Disposition of unopposed motions. Dispositive motions that are unopposed may be deemed to be confessed and, where appropriate, may result in the summary disposition of a claim or defense as applicable.

(g)Motions filed close to hearing. Motions may not be filed within ten (10) days of hearing unless based upon a sudden emergency of facts that could not have been previously known. Copies of such motions must be hand delivered to all parties of record.

(h)Motions will not stay discovery. Motions to Dismiss or for Summary Judgment will not stay any discovery deadline unless by a written agreement of the parties that has been communicated to the assigned administrative law judge.

(i)Citations of authority. Legal citations are to be made in accordance with subsections c,d and e of Rule 1.200 the Oklahoma Supreme Court Rules. If an unpublished case or a case cited by a special reporter is cited as persuasive authority a copy must be attached to the document citing the case.

Okla. Admin. Code § 310:2-21-17

Added at 24 Ok Reg 1896, eff 6-25-07; Amended at 27 Ok Reg 2496, eff 7-25-10