Section 792.10225. Motions.

(1) All requests to the tribunal requiring an order in a contested case, including stipulated requests, shall be made by written motion filed with the clerk and accompanied by the appropriate   fee,  unless  otherwise  provided  by  the  tribunal.    Motions  may  be  amended  or

supplemented by leave of the tribunal only, and leave to amend or supplement shall be freely given when justice so requires.

(2)    If the motion is not accompanied by the appropriate fee or the tribunal is unable to determine whether the appropriate fee was paid, the tribunal shall issue a notice of no action. If the appropriate fee is paid within 21 days of the issuance of the notice of no action or as otherwise provided by the tribunal, action shall be taken on the motion. If the appropriate fee is not paid within 21 days of the issuance of the notice of no action or as otherwise provided by the tribunal, the motion shall be re-filed with appropriate filing fee.

(3)   Motions shall be served concurrently on all other parties of record unless an attorney or authorized representative has filed an appearance on behalf of those parties and then service shall be made on the attorney or authorized representative and proof of service shall be filed with the clerk.

(4)    Written opposition to motions, other than motions for which a motion for immediate consideration has been filed or motions for reconsideration, shall be filed within 21 days after service of the motion, unless otherwise provided by the tribunal.

(5)   Written opposition to motions, for which a motion for immediate consideration has been filed, shall be filed within 7 days after service of the motion for immediate consideration, if the motion for immediate consideration includes a statement verifying that the party filing the motion has notified all parties of the filing of the motion for immediate consideration and indicating whether the parties will be filing a response to the motion or motions for which the motion of immediate consideration was filed. If the motion for immediate consideration does not include that statement, written opposition to those motions shall be filed within 21 days after service of the motion for immediate consideration, unless otherwise provided by the tribunal.

(6)   Pleading on motions shall be limited to the motion and a brief in support of the motion and a single response to the motion and a brief in support of the response.   A brief in support of a motion or response, if any, shall be filed concurrently with the motion or response.

History: 2013 AACS; 2015 MR 1, Eff. Jan. 15, 2015.