- A. Any defense, objection, or request that can be determined on the merits prior to a hearing may be raised by motion before the deadline set by the chairperson unless good cause is shown for the delay.
- B. Prior to filing the motion, the filing party shall determine whether the non-filing party concurs with the motion. If the non-filing party concurs, the filing party shall include a stipulated order with the motion. If the non-filing party does not concur, the filing party shall indicate the non-concurrence in the motion and include a proposed order.
- C. A response to a motion is due 12 calendar days from the date of filing of the motion. A reply to a response is due seven days from the date of filing the response. The response and reply schedule may also be set or modified by the chairperson.
- D. Responses to any motions shall be filed according to a schedule set by the chairperson.
- E. During the course of a hearing, motions may be renewed or made for the first time, if such a motion then becomes appropriate.
- F. The chairperson shall rule on all motions except for dispositive motions on the merits.
[10.12.12.13 NMAC - N, 7/1/2015]