MAYOR AND EXECUTIVE AGENCIES - OFFICE OF ADMINISTRATIVE HEARINGS: RULES OF PRACTICE AND PROCEDURE - MOTIONS PROCEDURE


Published: 2016-04-29

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2813 MOTIONS PROCEDURE

2813.1 A “motion” is a request for an Administrative Law Judge to take some action.

2813.2 Unless made during a hearing, all motions shall be in writing. Without permission from an Administrative Law Judge, no motion or brief shall exceed twenty (20) double-spaced typed pages in length, excluding exhibits. The font size shall be a minimum of twelve (12) points, with no less than one-inch (1”) margins. The first page of every motion should contain: the parties’ names, the case number, and the name of the presiding Administrative Law Judge, if known. Every motion shall state the legal and factual reasons for the motion and shall say what the party wants the Administrative Law Judge to do.

2813.3 When a motion is based on information not on the record, a party may support or oppose the motion with affidavits, declarations, or other papers. An Administrative Law Judge may order a party to file supporting affidavits, declarations, or other papers.

2813.4 Except as otherwise ordered by an Administrative Law Judge, a separate memorandum of points and authorities need not be filed with a motion.

2813.5 Before filing any motion (except a motion for summary adjudication, to dismiss, for reconsideration, relief from final order, or for sanctions), a party must make a good faith effort to ask all other parties if they agree to the motion.

(a) A “good faith effort” means a reasonable attempt, considering all the circumstances, to contact a party or representative in person, by telephone, by fax, by email, or by other means.

(b) Contact by mail is a good faith effort only if no other means is reasonably available (for example, not having another party’s telephone number or email address).

(c) By itself, serving a party with the motion is not a good faith effort.

(d) When this subsection requires a good faith effort, the motion must describe that effort and say whether all other parties agreed to the motion.

(e) If a party fails to comply with this Subsection, an Administrative Law Judge may deny the motion without prejudice.

2813.6 Unless otherwise provided by these rules or ordered by an Administrative Law Judge, all parties opposing a motion shall have eleven (11) calendar days from the service of the motion to file and serve a response. No further filings related to the motion are permitted unless ordered by an Administrative Law Judge.

2813.7 The Administrative Law Judge may decide any motion without holding a hearing.

2813.8 Parties and counsel should not assume that a motion to extend time, to continue a hearing, or to seek other relief will be granted.  If a party does not receive notice from OAH, it is the party’s obligation to contact OAH to determine whether an Administrative Law Judge has acted on the motion.

SOURCE: Final Rulemaking published at 51 DCR 6399 (June 25, 2004); as amended by of Final Rulemaking published at 57 DCR 12541 (December 31, 2010); as amended by Final Rulemaking published at 63 DCR 6556 (April 29, 2016).