1. (a) Purpose and effect of motions. To make any request, including a request to change a setting or obtain a ruling, order, or any other procedural relief from the judge, a party shall file a written motion. The motion shall describe specifically the action requested and the basis for the requested action. The mere filing of a motion that has not been ruled on by the judge, even if uncontested or agreed, does not serve to grant the motion or to change or extend any time limit or deadline established by statute, rule, or order, or operate to continue or delay any setting by SOAH or the judge.

2. (b) General requirements for motions. Except as provided in this section or chapter, all motions shall:

   1. (1) be filed in writing no later than seven days before the date of the hearing; except, for good cause demonstrated in the motion, the judge may consider a motion filed after that time or presented orally at a hearing;

   2. (2) include a certificate of conference that complies substantially with one of the following examples:

      1. (A) Example one: "Certificate of Conference: I certify that I conferred with name of other party or other party's authorized representative on date about this motion {Succinct statement of other party's position on the action sought and/or a statement that the parties negotiated in good faith but were unable to resolve their dispute before submitting it to the judge for resolution.} Signature."
      2. (B) Example two: "Certificate of Conference: I certify that I made reasonable but unsuccessful attempts to confer with name of other party or other party's authorized representative on date or dates about this motion {Succinctly describe these attempts.} Signature."
   3. (3) include a reference in the motion's title to a request for a hearing on the motion if the moving party seeks a hearing; and

   4. (4) if requesting an extension of an established deadline, include:

      1. (A) a proposed date for the deadline; and
      2. (B) a certificate of conference that complies substantially with one of the examples set out in paragraph (2) of this subsection.

3. (c) Responses to motions generally. Except as provided in this section or chapter, responses to motions described in subsection (b) of this section shall be in writing and filed on the earlier of:

   1. (1) five days after receipt of the motion; or
   2. (2) the date and time of the hearing; however, if the judge finds a good reason has been shown, late-filed responses to written motions may be presented orally at hearing.
4. (d) Motions to intervene or for party status. Motions for party status shall be filed no later than 20 days prior to the date the case is set for hearing. Responses to such motions shall be filed no later than seven days after the motion is served on other parties.
5. (e) Other motions. Motions to reopen the record under §155.153(a)(4) of this title (relating to Powers and Duties), to compel and for protective orders under §155.251 of this title (relating to Discovery), to set aside a default under §155.501(d) of this title (relating to Default Proceedings), to set aside a dismissal for failure to prosecute under §155.503(a) of this title (relating to Dismissal Proceedings), and for summary disposition under §155.505 (relating to Summary Disposition), shall be governed by the referenced sections.

Source Note:The provisions of this §155.305 adopted to be effective November 26, 2008, 33 TexReg 9451.