10.68—Motions and requests.
(a) Motions—
(1)
In
general. At any time after the filing of the
complaint, any party may file a motion with the
Administrative Law Judge. Unless otherwise ordered
by the Administrative Law Judge, motions must be
in writing and must be served on the opposing
party as provided in § 10.63(b). A motion must
concisely specify its grounds and the relief
sought, and, if appropriate, must contain a
memorandum of facts and law in support.
(2) Summary adjudication.
Either
party may move for a summary adjudication upon all
or any part of the legal issues in controversy. If
the non-moving party opposes summary adjudication
in the moving party's favor, the non-moving party
must file a written response within 30 days unless
ordered otherwise by the Administrative Law
Judge.
(3) Good Faith.
A party filing a
motion for extension of time, a motion for
postponement of a hearing, or any other
non-dispositive or procedural motion must first
contact the other party to determine whether there
is any objection to the motion, and must state in
the motion whether the other party has an
objection.
(b) Response.
Unless otherwise
ordered by the Administrative Law Judge, the
nonmoving party is not required to file a response
to a motion. If the Administrative Law Judge does
not order the nonmoving party to file a response,
and the nonmoving party files no response, the
nonmoving party is deemed to oppose the motion. If
a nonmoving party does not respond within 30 days
of the filing of a motion for decision by default
for failure to file a timely answer or for failure
to prosecute, the nonmoving party is deemed not to
oppose the motion.
(c)
Oral motions; oral
argument —(1) The Administrative Law Judge may,
for good cause and with notice to the parties,
permit oral motions and oral opposition to
motions.
(2)
The Administrative Law Judge may, within
his or her discretion, permit oral argument on any
motion.
(d) Orders.
The Administrative
Law Judge should issue written orders disposing of
any motion or request and any response
thereto.