Motions and requests procedures

Under 1921.5, file prehearing motions or requests with the Chief Hearing Examiner, except motions made during the hearing which go to the hearing examiner or are stated orally and made part of the transcript (1921.5).

• File written motions or requests addressed to the Chief Hearing Examiner unless they arise during the hearing.
• If the motion is made during the hearing, give it to the hearing examiner or state it orally so it is recorded in the transcript.

Under 1921.5, yes — a motion made during the course of the hearing may be stated orally and made part of the transcript so it is officially on the record (1921.5).

• Make sure the hearing record shows the motion by stating it clearly on the record.
• Ask the hearing examiner to confirm that the oral motion has been made part of the transcript.

Under 1921.5, every motion or request must state the particular order, ruling, or action you want and the grounds (the reasons) supporting it (1921.5).

• Be specific about the precise relief you seek (for example, "exclude Exhibit 5" or "extend the discovery deadline").
• State the factual or legal grounds that justify the requested action so the examiner can rule.

Under 1921.5, the hearing examiner is authorized to rule on all motions or requests that are filed or made prior to the filing of his report (1921.5).

• That means the hearing examiner handles rulings during the prehearing and hearing phases up until the examiner files the final report.
• If you need a ruling before the report is prepared, make sure your motion is filed or made during that timeframe.

Under 1921.5, the hearing examiner is authorized to rule only on motions filed or made prior to the filing of his report, so motions filed after the report are not covered by that authorization (1921.5).

• Because 1921.5 limits the examiner's authority to motions made before the report, you should consult other applicable rules or procedures for post-report relief or consider filing the motion with the appropriate authority designated elsewhere in Part 1921 (Part 1921).

Under 1921.5, yes — the regulation uses both terms and requires that motions or requests be filed with the Chief Hearing Examiner (or made to the hearing examiner during the hearing) and each must state the order or action desired and the grounds (1921.5).

• Treat a request the same way as a motion for purposes of where and how it must be presented and what it must contain.

Under 1921.5, ensure an oral motion is recorded by stating it clearly on the record before the hearing examiner so it is made part of the transcript (1921.5).

• Announce the specific relief you seek and the grounds on the record.
• Ask the hearing examiner to confirm that the motion has been taken down and included in the transcript.

Under 1921.5, no specific form or format is required; the rule requires that each motion or request state the particular order, ruling, or action desired and the grounds therefor (1921.5).

• Focus on clearly and specifically stating the relief you want and the reasons for it rather than on using a particular form.

Under 1921.5, there is no specific deadline listed for when to file motions; it only states that the hearing examiner may rule on motions filed or made prior to the filing of his report (1921.5).

• Check scheduling orders or other parts of Part 1921 for specific deadlines that may apply in your case (Part 1921).

Under 1921.5, a motion must state the grounds for the relief requested, so if your filing omitted the grounds you should promptly supplement or amend the motion to include them so the hearing examiner can rule (1921.5).

• Provide the factual and legal reasons that support the requested order.
• If the omission happened at hearing, state the grounds orally and ask that the statement be made part of the transcript.

Under 1921.5, follow a short checklist: file the motion with the Chief Hearing Examiner (or present it to the hearing examiner during the hearing), clearly state the exact order or action you want, and explain the grounds supporting it so the hearing examiner can rule before filing his report (1921.5).

• Identify the exact relief you seek in one clear sentence.
• Summarize the factual and legal grounds for the relief.
• File with the Chief Hearing Examiner, or if during the hearing, present to the hearing examiner or state it on the record so it is included in the transcript.