3131 MOTIONS AND OTHER PLEADINGS

3131.1 Except by leave of the Director during a hearing, a party shall make an application for an order or other relief by filing a written motion. A motion shall state with particularity the ground on which it is based and shall clearly set forth the order or relief sought. Memoranda, affidavits, or other papers in support of the motion shall be attached to and served with the motion.

3131.2 A copy of each pleading filed with the Director shall be served on each party, and there shall be a certificate of service at the end of the pleading showing the date and method of service.

3131.3 A party may file a response or opposition to a motion within ten (10) days after service of the motion, but the Director, in the Director's discretion, may shorten or extend this time with proper notice to the parties. The response or opposition shall not include a motion for other affirmative relief against the moving party.

3131.4 A reply to a response or opposition may be filed within five (5) business days after service of the response or opposition, but the reply shall not reargue propositions presented in the motion nor present matters which are not strictly in reply to the response or opposition. No further pleading may be filed except by leave of the Director for extraordinary cause.

3131.5 A motion or other pleading shall meet the following additional requirements:

(a) It shall be typewritten on business size eight and one-half by eleven inch (8-1/2" x 11") paper;

(b) It shall contain the name of the case and the number of the case, if any;

(c) It shall be double-spaced, except footnotes and quotations, which may be single-spaced;

(d) It shall be signed by the party on whose behalf it is filed or by that party's counsel; and

(e) It shall be accompanied by three (3) copies of the pleading or motion.

Source: Final Rulemaking published at 39 DCR 7853, 7869 (October 23, 1992).