Okla. Admin. Code § 585:2-7-3

Current through Vol. 42, No. 3, October 15, 2024

Section 585:2-7-3 - Motions

(a)Recognized motions. The Board recognizes all motions permitted under the Oklahoma Pleading Code, 12 O. S., §2001 et seq., as well as a party's motion requesting the Board to defer to either pending or completed grievance arbitration. Motions for summary judgment filed pursuant to 12 O.S. § 2056 shall be governed by Rule 13 of the Rules for District Courts, found at Title 12, Chapter 2, Appendix.

(b)Recorded motions. All motions made during a hearing shall be made part of the record of the proceedings.

(c)Motion requirements. All motions, other than those made during a hearing shall be subject to the following:

(1)General contents. Such motions including, but not limited to, motions for summary judgment, shall be made in writing to the Board, shall briefly state the relief sought, and shall be combined with a brief containing a statement of relevant facts and legal argument with citations to relevant legal authority.

(2)Format; size; filing date of certain motions.

(A) No combined motion/brief shall be submitted that is longer than fifteen (15) typewritten pages without leave of the Board.

(B) The print style, including footnotes, shall not be less than ten (10) characters to an inch (i.e., 12 pitch font), and margins shall be a minimum of one inch on the top, bottom, and sides.

(C) Oversized briefs are not encouraged, and leave to file oversized briefs will not be freely given.

(D) A motion to file a combined motion/brief in excess of fifteen (15) typewritten pages shall state the requested number of pages and shall be filed no later than three (3) days prior to the date the motion/brief is due.

(3)Required appendix to motion/brief. Each party shall attach to that party's motion/brief as an appendix a copy of significant legal authority cited in the brief not readily accessible by the Board such as federal statutes and court cases, NLRB cases, and treatises. The Board has ready access to Oklahoma statutes and cases decided by Oklahoma state courts and to previous Board decisions.

(4)Affidavits. Affidavits regarding factual matters may be attached to the motion/brief if necessary.

(5)Deadlines. Deadlines for filing motions are set in the Final Pre-Hearing Order.

(6)Service of motion/brief by moving party. The moving party shall, concurrently with filing with the Board, serve a copy of the motion/brief on all other parties.

(7)Response or objection to motion/brief. Any response or objection to the motion/brief shall be subject to the same requirements as motions/briefs, shall be filed with the Board within eighteen (18) days from the date the motion/brief was filed with the Board and shall be served on all parties.

(8)Board hearing of oral argument or testimony. The Board may decide to hear oral argument or testimony thereon, in which case the Board shall notify the parties of such fact and of the time and place of such argument or the taking of such testimony.

(d)Board's lack of jurisdiction or necessary legal authority. In the event that the Board determines that it lacks jurisdiction or necessary legal authority to rule upon any filed motion, it shall promptly so advise the parties.

Okla. Admin. Code § 585:2-7-3

Added at 24 Ok Reg 1630, eff 6-11-07¹; Amended at 29 Ok Reg 1360, eff 6-25-12

Amended by Oklahoma Register, Volume 31, Issue 24, September 2, 2014, eff. 9/12/2014

¹See Editor's Note at beginning of this Chapter.