§FMCSR.com
Current textSource: eCFR

§ 386.34 Motions.

Current wording, effective November 17, 2023.

eCFR (current) ↗
What changedOct. 1, 2005 wording → Nov. 17, 2023 wording (current)+228 added−69 removedHide

Link(a) toGeneral. An application for an amendmentorder publishedor atruling 70not FRotherwise 28483,covered Mayby 18,these 2005rules shall be by motion.
Effective DateAll Note:motions filed prior to the calling of the matter for a hearing shall be to the Agency Decisionmaker. All motions filed after the matter is called for hearing shall be to the administrative law judge.
At(b) 70Form. FRUnless 28483made during hearing, Maymotions 18shall be made in writing, 2005shall state with particularity the grounds for relief sought, §and 386shall be accompanied by affidavits or other evidence relied upon.34
(c) wasAnswers. removedExcept when a motion is filed during a hearing, effectiveany Novemberparty 14may file an answer in support or opposition to a motion, 2005accompanied by affidavits or other evidence relied upon.
The AssistantSuch Administratoranswers shall be served within 20 days after the motion is served or within such other time as the Agency Decisionmaker or administrative law judge may takeset.
(d) officialArgument. noticeOral ofargument anyor factbriefs noton appearinga inmotion evidencemay ifbe he/sheordered notifiesby allthe partiesAgency he/sheDecisionmaker intendsor tothe doadministrative solaw judge.
(e) AnyDisposition. partyMotions objectingmay tobe ruled on immediately or at any other time specified by the officialadministrative noticelaw shalljudge fileor anthe objectionAgency withinDecisionmaker.
(f) 10Suspension daysof aftertime. serviceThe pendency of a motion shall not affect any time limits set in these rules unless expressly ordered by the noticeAgency Decisionmaker or administrative law judge.
[50 FR 40306, Oct. 2, 1985. Redesignated and amended at 70 FR 28483, May 18, 2005]

49 CFR § 386.34 — Motions.. Text current through October 22, 2026. This wording effective November 17, 2023 to present. Source: eCFR (current), https://www.ecfr.gov/current/title-49/section-386.34. Retrieved from FMCSR.com, https://fmcsr.com/reg/386.34, on October 26, 2026. Unofficial compilation; verify against the official source.

(a) General. An application for an order or ruling not otherwise covered by these rules shall be by motion. All motions filed prior to the calling of the matter for a hearing shall be to the Agency Decisionmaker. All motions filed after the matter is called for hearing shall be to the administrative law judge.

(b) Form. Unless made during hearing, motions shall be made in writing, shall state with particularity the grounds for relief sought, and shall be accompanied by affidavits or other evidence relied upon.

(c) Answers. Except when a motion is filed during a hearing, any party may file an answer in support or opposition to a motion, accompanied by affidavits or other evidence relied upon. Such answers shall be served within 20 days after the motion is served or within such other time as the Agency Decisionmaker or administrative law judge may set.

(d) Argument. Oral argument or briefs on a motion may be ordered by the Agency Decisionmaker or the administrative law judge.

(e) Disposition. Motions may be ruled on immediately or at any other time specified by the administrative law judge or the Agency Decisionmaker.

(f) Suspension of time. The pendency of a motion shall not affect any time limits set in these rules unless expressly ordered by the Agency Decisionmaker or administrative law judge.

[50 FR 40306, Oct. 2, 1985. Redesignated and amended at 70 FR 28483, May 18, 2005]

Amendment history

5 distinct wordings on file since Oct. 1, 1996
  1. Nov. 17, 2023 → presenteCFR, day-precisediff vs. previousviewing
    [50 FR 40306, Oct. 2, 1985. Redesignated and amended at 70 FR 28483, May 18, 2005]
  2. Oct. 1, 2006 → Nov. 17, 2023annual editions 2006–2016diff vs. previous
    [50 FR 40306, Oct. 2, 1985. Redesignated and amended at 70 FR 28483, May 18, 2005]
  3. Oct. 1, 2005 → Oct. 1, 2006annual edition 2005diff vs. previous
  4. Oct. 1, 2000 → Oct. 1, 2005annual editions 2000–2004diff vs. previous
  5. Oct. 1, 1996 → Oct. 1, 2000annual editions 1996–1999

A new entry appears whenever the regulatory words change between government snapshots. Day-precise from the eCFR (2017 onward); before that, one snapshot per annual CFR edition (revised as of October 1). Bracketed citations are the Federal Register history printed with the section. Set a case date in the header to read any earlier wording.