02-032 C.M.R. ch. 540, § 7 - Motions

1. Form. All motions should be written and in accordance with Section 6 above, except that motions may be made orally during a hearing at the discretion of the Administrator or presiding officer.

2. Content. All motions must state concisely the question to be determined and the factual and legal grounds for the desired order or action and be accompanied by any necessary supporting documentation.

3. Timing. No motion pertaining to an upcoming scheduled hearing may be filed less than 28 days before the hearing without a showing of good cause and the prior approval of the Administrator or presiding officer. The filing or pendency of a motion does not alter or extend any time limit.

4. Opposition. Any opposition to a motion must be filed within 14 days after receipt of the motion. A party failing to file such timely opposition shall be deemed to have waived all objections to the motion.

5. Length. No brief or motion or opposition thereto shall exceed 20 pages without a showing of good cause and the prior approval of the Administrator or presiding officer.

6. Briefs and oral argument. The Administrator or presiding officer may in his/her discretion order that briefs be filed on any issue and may allow oral argument on any motion.

7. Non-compliance. If a party fails to comply with this section, the Administrator or presiding officer may refuse to accept or consider the filing.

Notes

02-032 C.M.R. ch. 540, § 7