S.C. Code Regs. § § 9-100.70
Current through Register Vol. 48, 12, December 27, 2024
Section 9-100.70 - MotionsA.1. All motions shall state the specific relief requested and the basis therefor and, except as provided in paragraph 2. below, shall be in writing.2. Unless otherwise ordered by the Adjudicator, a motion may be made orally during a conference or the hearing. After an opportunity for response, the Adjudicator may rule on the motion immediately or may direct that the motion and response be submitted in writing pursuant to subsection A(1).B. Unless otherwise directed by the Adjudicator, any party may file a response in support of or in opposition to any written motion within ten (10) days after service of the motion. If no response is filed within the response period, the party failing to respond shall be deemed to have waived any objection to the granting of the motion. The moving party shall have no right to reply to the response; however, the Adjudicator may in her/his discretion permit a reply to be filed.C. Except for procedural matters, the Adjudicator may not, without assent of the parties, grant a written motion prior to the expiration of the time for filing responses. Any party adversely affected by the ex parte grant of a motion for a procedural order may request reconsideration, vacation, or modification of the order within ten (10) days of service of the order. The Adjudicator may deny a written motion without awaiting a response or may allow oral argument (including that made by telephone).D. The Adjudicator may summarily deny dilatory, repetitive, or frivolous motions. Unless otherwise ordered by the Adjudicator, the filing of a motion does not stay a proceeding.E. All motions and responses thereto shall comply with R. 9-100.50 [Service of Documents] and R. 9-100.51 [Filing of Documents and Other Materials].S.C. Code Regs. § 9-100.70
Added by State Register Volume 22, Issue No. 6, Part 1, eff June 26, 1998.