- (a) Motions and objections shall be in writing unless made in response to a matter asserted for the first time at a hearing or on the basis of information which was not received in time to prepare a written motion.
(b) The moving party shall state, clearly and concisely, the following in his or her motion:
- (1) The purpose of the motion;
- (2) The relief sought by the motion;
- (3) The statutes, rules, orders, or other authority authorizing the relief sought by the motion;
- (4) The facts claimed to constitute grounds for the relief requested by the motion; and
- (5) The signature and date required in Bcr 205.02(a).
(c) A party objecting to a motion shall state, clearly and concisely, the following in his or her objection:
- (1) The defense of the party filing the objections;
- (2) The action which the party filing the objection wishes the board to take on the motion;
- (3) The statutes, rules, orders, or other authority relied upon in defense of the motion;
- (4) Any facts which are additional to or different from the facts stated in the motion; and
- (5) The signature and date required by Bcr 205.02(a).
- (d) A party filing an objection to a motion shall specifically admit or deny each fact contained in the motion. Failure to deny a fact contained in a motion shall constitute the admission of that fact for the purposes of the motion. In the event a party filing an objection to a motion lacks sufficient information to either admit or deny a fact contained in the motion, the party shall so state, specifically identifying such fact.
- (e) Motions shall be decided upon the writings submitted. Repetitious motions shall not be submitted.
- (f) Objections to motions shall be filed within 10 days after the filing of the motion. Failure to object to a motion within the time allowed shall constitute a waiver of objection to the motion.
Source. #8044, eff 2-17-04; ss by #10073, INTERIM, eff 1-17-12, EXPIRES: 7-16-12; ss by #10161, eff 7-13-12; amd by #12620, eff 9-18-18