§ 386.35 Motions to dismiss and motions for a more definite statement.
Current wording, in the annual edition revised as of Oct. 1, 2006.
Link to an amendment published at 70 FR 28483, May 18, 2005.(a) General.Motions Anto applicationdismiss formust an order or ruling not otherwise covered by these rules shall be bymade motion.within All motions filed prior to the callingtime ofset the matter for areply hearingor shallpetition be to thereview, Assistantexcept Administrator. All motions filedto afterdismiss thefor matterlack isof calledjurisdiction, forwhich hearingmay shall be tomade theat administrativeany law judgetime.
(b) Form.Motions Unlessfor madea duringmore hearing,definite motionsstatement shallmay be made in writing,lieu shallof statea withreply. particularityThe themotion groundsmust forpoint reliefout sought,the anddefects shallcomplained beof accompaniedand bythe affidavitsdetails or other evidence relied upondesired.
(c)Answers.If Exceptthe when a motion is filed during a hearinggranted, anythe partypleading maycomplained fileof anmust answer in support or opposition to a motion, accompanied by affidavits or other evidence relied upon. Such answers shall be servedremedied within 715 days afterof the motiongranting isof served or within such other time as the Assistantmotion Administrator or administrativeit lawwill judgebe may setstricken.
(d)Argument.If Oralthe argument or briefs on a motion mayis bedenied, ordered by the Assistantparty Administratorwho orrequested the administrativemore lawdefinite judge.statement
(e)Disposition.must Motionsfile mayhis/her bepleading ruledwithin on10 immediatelydays orafter at any other time specified by the administrative law judge or the Assistant Administratordenial.(f)[50 SuspensionFR of40306, timeOct. The2, pendency of a motion shall not affect any time limits set in these rules unless expressly ordered by the Assistant Administrator or administrative law judge1985.
EffectiveDateRedesignated Note:at 70 FR 28483, May 18, 2005
At, § 386.35 was Redesignated as § 386.34, and the new § 386.34 was amended in paragraph (c) by removing the number “7” and adding, in its place, the number “20,” effective November 14, 2005.]
(a) Motions to dismiss must be made within the time set for reply or petition to review, except motions to dismiss for lack of jurisdiction, which may be made at any time.
(b) Motions for a more definite statement may be made in lieu of a reply. The motion must point out the defects complained of and the details desired. If the motion is granted, the pleading complained of must be remedied within 15 days of the granting of the motion or it will be stricken. If the motion is denied, the party who requested the more definite statement must file his/her pleading within 10 days after the denial.
[50 FR 40306, Oct. 2, 1985. Redesignated at 70 FR 28483, May 18, 2005]
Amendment history
4 distinct wordings on file since Oct. 1, 1996- [50 FR 40306, Oct. 2, 1985. Redesignated at 70 FR 28483, May 18, 2005]
- 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.