OAR 860-001-0420: Motions, Responses, and Replies

(1) A motion must be made in writing unless otherwise allowed by the Commission or ALJ. (2) Before filing a procedural motion, the moving party must make a good faith effort to confer with other parties to seek agreement about the subject of the motion. A procedural motion must describe the effort to confer and the result of the effort. (3) A motion against an initiating or responsive pleading under OAR 860-001-0400 must be filed within 10 days after the pleading is filed. (4) A party may file a response to a motion. A response to a substantive motion must be filed within 15 days of filing of the motion. A response to a procedural motion must be filed within 7 days of filing of the motion. (5) The moving party may file a reply to a response to a substantive motion within 7 days of filing of the response. The moving party is not permitted to file a reply to a response to a procedural motion unless permitted by the ALJ. (6) If expedited consideration of a motion is requested, the moving party must: (a) Certify that the moving party has attempted to contact the other parties to the proceedings to discuss the motion and state whether the parties support the motion; (b) Identify the request for expedited consideration in the document caption; and (c) Include a request to shorten the time for responses and, if applicable, replies. (7) Unless granted by the ALJ, a request for an extension or other related motion does not stay a pending due date.