Discontinuing Simplified Proceedings

Yes. Under 2200.204(a), the Judge assigned to the case may discontinue Simplified Proceedings on the Judge's own motion if it becomes apparent that the case is not appropriate for Simplified Proceedings, and the Judge must consult with the Chief Administrative Law Judge before doing so.

• The authority to discontinue is discretionary and may be exercised at any time the Judge determines the case is inappropriate for the simplified process.
• Consultation with the Chief Administrative Law Judge is a required step prior to discontinuation under 2200.204(a).

(See also the general provision at 2200 for context.)

Yes. Under 2200.204(b), any party may request at any time that Simplified Proceedings be discontinued and that the matter continue under conventional procedures.

• The motion must conform to 2200.40 and explain why the case is inappropriate for Simplified Proceedings.
• Responses to such motions must be filed within the time specified by 2200.40.

This allows parties to seek a conventional proceeding if the simplified track no longer fits the needs of the case.

A motion to discontinue must follow the procedural form and timing rules in 2200.40 and must explain why the case is inappropriate for Simplified Proceedings under 2200.204(b).

• Follow the filing format, service requirements, and timing set out in 2200.40.
• Include a clear explanation of the reasons the case is unsuitable for Simplified Proceedings (for example, complex factual disputes, extensive discovery needs, many witnesses, or legal issues requiring full briefing).
• Remember that responses must be filed within the time specified in 2200.40.

(See 2200.204(b) for the requirement to explain why the case is inappropriate.)

Responses to a motion to discontinue must be filed within the time period specified by 2200.40, as stated in 2200.204(b).

• The rule in 2200.204(b) defers to 2200.40 for specific timing and service requirements for responses.
• Consult 2200.40 immediately to determine the exact number of days and procedural steps for filing a response.

Yes. Joint motions to return a case to conventional proceedings shall be granted by the Judge and do not require a showing of good cause, except that the Judge may deny such a motion if it is filed less than 30 days before a scheduled hearing, per 2200.204(b).

• If both parties agree and file a joint motion, the Judge should grant it unless the motion is filed within 30 days of a scheduled hearing.
• The 30-day rule gives the Judge discretion to deny last-minute joint motions that could disrupt hearing preparation or fairness.

(See 2200.204(b).)

A case is appropriate for discontinuation of Simplified Proceedings when, at any time, the Judge determines the case cannot be handled fairly or efficiently under the simplified rules, as allowed by 2200.204(a).

• Typical practical reasons include complex legal issues, extensive factual disputes, need for broad discovery, numerous witnesses, or other circumstances that require full conventional procedures.
• The Judge must consult with the Chief Administrative Law Judge before formally discontinuing Simplified Proceedings under 2200.204(a).

(These examples reflect how the Judge may determine appropriateness under the rule.)

The Judge may issue any orders necessary to ensure an orderly continuation of the case under conventional rules, as stated in 2200.204(c).

• Such orders can include establishing new schedules, setting deadlines for discovery, ordering prehearing submissions, and converting or supplementing prior filings to fit conventional procedures.
• The purpose of these orders is to avoid disruption and provide a clear roadmap for moving the case forward under the full procedural rules.

(See 2200.204(c).)

Yes. Both 2200.204(a) and 2200.204(b) allow discontinuation at any time during the proceedings.

• A Judge may discontinue on the Judge's own motion at any stage after consulting the Chief Administrative Law Judge.
• Any party may file a motion to discontinue at any stage, following the procedural rules in 2200.40.

(See the full provision at 2200.204.)

Yes. A party may oppose a motion to discontinue by filing a response within the time specified by 2200.40, as required by 2200.204(b).

• The opposing party should follow the response procedures in 2200.40 and explain why Simplified Proceedings remain appropriate.
• The Judge will consider the motion and any responses before ruling, balancing the need for fair and efficient resolution under either simplified or conventional procedures.

(See 2200.204(b) for the basic rule.)

No. 2200.204(a) allows the Judge to discontinue Simplified Proceedings on the Judge's own motion if the case is not appropriate for the simplified process and requires consultation with the Chief Administrative Law Judge, but it does not impose a separate 'good cause' showing for the Judge's own motion.

• The rule gives the Judge discretion to move a case to conventional procedures when appropriate; the consultation requirement with the Chief Administrative Law Judge is the express procedural safeguard.
• By contrast, joint party motions are typically granted without a good-cause showing except for the 30-day hearing timing rule in 2200.204(b).

(See 2200.204(a) and 2200.204(b).)

A motion to discontinue may not be used simply to delay the case; the motion must conform to 2200.40 and explain why the case is inappropriate for Simplified Proceedings as required by 2200.204(b).

• The Judge will evaluate the substance and timing of the motion and may deny motions filed for improper purposes or those that unfairly prejudice the other party.
• Procedural safeguards include the response period under 2200.40 and the Judge's authority to manage the case and issue orders under 2200.204(c).

(See 2200.204(b) and 2200.40.)

The Judge may issue orders to determine how prior filings are treated and to ensure an orderly transition, as authorized by 2200.204(c).

• The rule gives the Judge flexibility to preserve, modify, or supplement earlier filings and to set new deadlines so the case proceeds smoothly under conventional procedures.
• Parties should be prepared to follow any orders the Judge issues converting or reformatting prior submissions to comply with conventional rules.

(See 2200.204(c).)

The Chief Administrative Law Judge must be consulted before a Judge discontinues Simplified Proceedings on the Judge's own motion, according to 2200.204(a).

• This consultation is a required procedural step when the Judge initiates discontinuation to ensure appropriate oversight.
• The rule does not specify the form of the consultation, but the consultation is a safeguard before the Judge issues an order discontinuing the simplified track.

(See 2200.204(a).)

You can read the full regulatory text at 2200.204 for the discontinuation rules and at 2200.40 for the procedural and motion requirements referenced in those rules.

• 2200.204 contains the Procedure, Party Motion, and Ruling subsections for discontinuing Simplified Proceedings.
• 2200.40 provides the motion form, filing, and response procedures you'll need to follow when filing or responding to a discontinuation motion.

(Reference both sections when preparing or opposing a motion to discontinue Simplified Proceedings.)