§ 386.36 Motions to dismiss and motions for a more definite statement.
Wording in the annual edition revised as of Oct. 1, 2005, superseded by the 2006 annual edition.
Link to an amendment published at 70 FR 28483, May 18, 2005.
Link to an amendment published at 70 FR 28483, May 18, 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.
Effective Date Note:
At 70 FR 28483, May 18, 2005, § 386.36 was Redesignated as § 386.35 and a new § 386.36 was added, effective November 14, 2005. For the convenience of the user the added text is set forth as follows:
Amendment history
4 distinct wordings on file since Oct. 1, 1996- [70 FR 28483, May 18, 2005, as amended at 88 FR 80183, Nov. 17, 2023]
- [70 FR 28483, May 18, 2005]
- Oct. 1, 1996 → Oct. 1, 2005annual editions 1996–2004
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.