1. (a) General requirements. A motion must be in writing, unless the motion is made on the record at a prehearing conference or hearing and must state the relief sought and the specific grounds supporting a grant of relief.

   1. (1) If the motion is based upon alleged facts that are not a matter of record, the motion must be supported by an affidavit.
   2. (2) Written motions must be served on all parties in accordance with §22.74 of this title (relating to Service of Pleadings and Documents).

   3. (3) A movant is required to attempt to confer with all parties that could be affected by the motion or pleading, but is not required to attempt to confer with all parties to the proceeding. Written motions must 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."
2. (b) Time for response. The time for responding to motions is governed by §22.78 of this title (relating to Responsive Pleadings and Emergency Action), unless otherwise provided by the presiding officer, commission rule, or statute.
3. (c) Rulings on motions. The presiding officer must serve orders ruling on motions upon all parties, unless the ruling is made on the record in a hearing or prehearing conference open to the public.

Source Note:The provisions of this §22.77 adopted to be effective November 1, 1993, 18 TexReg 6641; amended to be effective September 23, 1999, 24 TexReg 7401; amended to be effective February 25, 2026, 51 TexReg 1052.