1716 MOTIONS

1716.1 Any party to a protest may seek relief from the Board against an opposing party by filing a motion with the Board. Unless otherwise specified, motions shall conform to the following requirements:

1. (a) Be in writing;
2. (b) Served upon the other parties to the protest by electronic mail or the first-class U.S. Postal Service; and
3. (c) Filed with the Board.

1716.2 Motions for a continuance shall conform with 23 DCMR § 1705.

1716.3 Any party may file a response in opposition to a motion within seven (7) calendar days after service of the motion. In the case of motions for continuances which have been filed by a party on the sixth (6th) calendar day before a scheduled hearing, pursuant to § 1705.1, responses thereto shall either be made in writing and served by personal delivery on all parties prior to the hearing or shall be made orally on the date of the hearing.

1716.4 A response to a motion shall not include a motion for other affirmative relief against the moving party.

1716.5 If a party filing an opposition desires to submit a motion for other affirmative relief, it shall be done by separate pleading.

1716.6 [Repealed].

1716.7 A reply may be filed within three (3) calendar days after service of a response in opposition to a motion, but the reply shall not re-argue propositions presented in the motion, nor present matters which are not strictly in reply to the opposition.

1716.8 No further pleading shall be filed except by leave of the Board.

SOURCE: The Alcoholic Beverage Control Board Rules of Procedures Amendments of 1980, effective March 5, 1981 (D.C. Law 3-146; 27 DCR 4753 (October 31, 1980)); as amended by Final Rulemaking published at 35 DCR 4947 (June 24, 1988); Final Rulemaking published at 51 DCR 4309 (April 30, 2004); as amended by Final Rulemaking published at 55 DCR 12991 (December 26, 2008 – Part 2); as amended by Final Rulemaking published at 64 DCR 1357 (February 10, 2017); as amended by Final Rulemaking published at 66 DCR 1822 (February 8, 2019).