§FMCSR.com
Historical textIn force on Oct. 1, 2006Source: annual CFR editions 2006–2012

§ 386.51 Amendment and withdrawal of pleadings.

Wording in the annual edition revised as of Oct. 1, 2006, superseded by the 2013 annual edition.

govinfo, 2006 edition ↗
Before Jan. 1, 2017 the record is one snapshot per annual CFR edition, revised as of October 1. This is the 2006 edition's wording. An amendment that took effect between Oct. 1, 2006 and Oct. 1, 2006 would not appear until the next edition, so check the citations below and the Federal Register for exact effective dates.
What changedOct. 1, 2005 wording → Oct. 1, 2006 wording+88 added−51 removedHide

Link to an amendment published at 70 FR 28484, May 18, 2005.
(a) Except in instances covered by other rules, anytime more than 15 days prior to the hearing, a party may amend his/her pleadings by serving the amended pleading on the Assistant Administrator or the administrative law judge, if one has been appointed, and on all parties. Within 15 days prior to the hearing, an amendment shall be allowed only at the discretion of the Administrative law judge. When an amended pleading is filed, other parties may file a response and objection within 10 days.
(b) A party may withdraw his/her pleading onlyany ontime approvalmore ofthan 15 days prior to the administrativehearing lawby judgeserving ora notice of withdrawal on the Assistant Administrator or the Administrative Law Judge.
Effective DateWithin Note:
At15 70days FRprior 28484,to Maythe 18,hearing 2005,a §withdrawal 386.51may wasbe amendedmade byonly revisingat paragraphthe (b),discretion effectiveof Novemberthe 14,Assistant 2005.Administrator Foror the convenienceAdministrative ofLaw Judge. The withdrawal will be granted absent a finding that the userwithdrawal will result in injustice, prejudice, or irreparable harm to the revisednon-moving textparty, or is setotherwise forthcontrary to the public interest.
[50 FR 40306, Oct. 2, 1985, as follows:amended at 70 FR 28484, May 18, 2005]

49 CFR § 386.51 — Amendment and withdrawal of pleadings.. Text in force on October 1, 2006. This wording effective October 1, 2006 to October 1, 2013. Source: govinfo, 2006 edition, https://www.govinfo.gov/app/details/CFR-2006-title49-vol5/CFR-2006-title49-vol5-sec386-51. Retrieved from FMCSR.com, https://fmcsr.com/reg/386.51?asof=2006-10-01, on October 26, 2026. Unofficial compilation; verify against the official source.

(a) Except in instances covered by other rules, anytime more than 15 days prior to the hearing, a party may amend his/her pleadings by serving the amended pleading on the Assistant Administrator or the administrative law judge, if one has been appointed, and on all parties. Within 15 days prior to the hearing, an amendment shall be allowed only at the discretion of the Administrative law judge. When an amended pleading is filed, other parties may file a response and objection within 10 days.

(b) A party may withdraw his/her pleading any time more than 15 days prior to the hearing by serving a notice of withdrawal on the Assistant Administrator or the Administrative Law Judge. Within 15 days prior to the hearing a withdrawal may be made only at the discretion of the Assistant Administrator or the Administrative Law Judge. The withdrawal will be granted absent a finding that the withdrawal will result in injustice, prejudice, or irreparable harm to the non-moving party, or is otherwise contrary to the public interest.

[50 FR 40306, Oct. 2, 1985, as amended at 70 FR 28484, May 18, 2005]

Amendment history

6 distinct wordings on file since Oct. 1, 1996
  1. Nov. 27, 2023 → presenteCFR, day-precisediff vs. previous
    [50 FR 40306, Oct. 2, 1985, as amended at 70 FR 28484, May 18, 2005; 78 FR 58481, Sept. 24, 2013]
  2. Oct. 1, 2013 → Nov. 27, 2023annual editions 2013–2016diff vs. previous
    [50 FR 40306, Oct. 2, 1985, as amended at 70 FR 28484, May 18, 2005; 78 FR 58481, Sept. 24, 2013]
  3. Oct. 1, 2006 → Oct. 1, 2013annual editions 2006–2012diff vs. previousviewing
    [50 FR 40306, Oct. 2, 1985, as amended at 70 FR 28484, May 18, 2005]
  4. Oct. 1, 2005 → Oct. 1, 2006annual edition 2005diff vs. previous
  5. Oct. 1, 2000 → Oct. 1, 2005annual editions 2000–2004diff vs. previous
  6. 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.