15 CFR 904.206 - Pleadings, motions, and service.

Code of Federal Regulations - Title 15: Commerce and Foreign Trade (December 2005)


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TITLE 15 - COMMERCE AND FOREIGN TRADE

SUBTITLE B - REGULATIONS RELATING TO COMMERCE AND FOREIGN TRADE

CHAPTER IX - NATIONAL OCEANIC AND ATMOSPHERIC ADMINISTRATION, DEPARTMENT OF COMMERCE

SUBCHAPTER A - GENERAL REGULATIONS

PART 904 - CIVIL PROCEDURES

subpart c - HEARING AND APPEAL PROCEDURES

904.206 - Pleadings, motions, and service.

  (a) The original of all pleadings and documents must be filed with the Office of Administrative Law Judges and a copy served upon each party.

All pleadings or documents when submitted for filing must show that service has been made upon all parties. Such service must be made in accordance with 904.3(a).

  (b) Pleadings and documents to be filed may be reproduced by printing or any other process, provided the copies are clear and legible; must be dated, the original signed in ink or as otherwise verified for electronic mail; and must show the docket description and title of the proceeding, and the title, if any, address, and telephone number of the signatory. If typewritten, the impression may be on only one side of the paper and must be double spaced, pica type, if possible, except that quotations may be single spaced and indented.

  (c) Motions must normally be made in writing and must state clearly and concisely the purpose of and relief sought by the motion, the statutory or principal authority relied upon, and the facts claimed to constitute the grounds requiring the relief requested.

  (d) Unless otherwise provided, the answer to any written motion, pleading, or petition must be served within 20 days after date of service thereof. If a motion states that opposing counsel has no objection, it may be acted upon as soon as practicable, without awaiting the expiration of the 20-day period. Answers must be in writing, unless made in response to an oral motion made at a hearing; must fully and completely advise the parties and the Judge concerning the nature of the opposition; must admit or deny specifically and in detail each material allegation of the pleading answered; and must state clearly and concisely the facts and matters of law relied upon. Any new matter raised in an answer will be deemed controverted.

  (e) A response to an answer will be called a reply. A short reply restricted to new matters may be served within 15 days of service of an answer. The Judge has discretion to dispense with the reply. No further responses are permitted.

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