Pleading and document requirements

Pleadings and other documents must be typewritten, double-spaced, use at least 12‑point text and 11‑point footnotes, be on 8½×11 opaque paper with 1½‑inch margins, and fastened at the upper left without staples in accordance with 2200.30(a).

• Use letter size (8½×11) opaque paper.
• Main text: minimum 12‑point type; footnotes: minimum 11‑point type.
• Double space the text.
• All margins must be 1½ inches.
• Fasten (e.g., with a clip) at the upper left corner; do not use staples.

Allegations or responses must be simple, concise, and direct as required by 2200.30(b).

• Use plain language and short sentences.
• Avoid compound paragraphs that mix multiple issues.
• Be specific about facts or legal positions rather than vague assertions.

Each allegation or response must be in a separate, numbered paragraph and limited to a single set of circumstances where practicable, per 2200.30(c).

• Number paragraphs consecutively.
• Keep paragraphs focused — one factual or legal point per paragraph when possible.
• This makes referencing, admitting, or denying specific allegations easier.

Yes — statements in a pleading may be adopted by reference in the same or another pleading or in any motion, and any written instrument attached as an exhibit is part of the pleading for all purposes, under 2200.30(d).

• When you adopt by reference, identify clearly which paragraph(s) or exhibit you are adopting.
• Attach the written instrument as an exhibit; the exhibit is treated as part of the pleading.

Yes — a party may set forth two or more statements of a claim or defense alternatively or hypothetically, and may state as many separate claims or defenses as it has regardless of consistency, as described in 2200.30(e).

• If one alternative would be sufficient on its own, the pleading is not insufficient because another alternative fails.
• All such statements must comply with the signature requirements in 2200.32.

Every pleading, motion, or other document must contain a caption that complies with 2200.31 and a signature that complies with 2200.32; motions must also conform to 2200.40 as required by 2200.30(f).

• Check 2200.31 for caption contents (case name, docket number, etc.).
• Verify signature form and certificate of service under 2200.32.

No — by pleading a matter affirmatively a party does not waive the right to argue that the burden of persuasion on that matter is on another party, according to 2200.30(g).

• The pleading rules do not determine which party ultimately bears the burden of persuasion.
• You can plead a defense or claim and still argue allocation of the burden of proof at hearing.

The Commission or the Judge may refuse for filing any pleading or motion that does not comply with the pleading rules in this subpart, per 2200.30(h).

• Noncompliant documents risk not being accepted into the record.
• To avoid refusal, follow the formatting, caption, signature, and content rules in 2200.30 and related sections.

The caption of a pleading must include the case caption information as required by 2200.31.

• Include the names of the parties, docket or case number, the title of the document (e.g., "Answer" or "Motion to Dismiss"), and the name of the tribunal or Judge handling the case.
• Make the caption clear so the document can be identified and placed in the correct file.

Every pleading must be signed and include a certificate of service that complies with the signature rules in 2200.32.

• The signature certifies that the signer is authorized and that the pleading is not for improper purposes.
• Include a certificate stating how and when opposing parties were served (mail, hand-delivery, electronic service if permitted).

Motions must follow the form and content requirements set out in 2200.40 and comply with the caption and signature rules of 2200.31 and 2200.32, as required by 2200.30(f).

• State the specific relief sought and the legal basis for the motion.
• Attach supporting evidence or exhibits and indicate whether opposing counsel consents or objects.

No — the specific formatting rules in 2200.30(a) apply to pleadings and other documents "other than exhibits," so exhibits may be submitted in their native form but should still be legible and clearly identified.

• Attach each exhibit clearly and reference it in the pleading.
• Remember that a written instrument attached as an exhibit becomes part of the pleading under 2200.30(d).

Yes — a copy of any written instrument attached as an exhibit to a pleading is considered part of the pleading for all purposes pursuant to 2200.30(d).

• Treat attached instruments as if their contents were pleaded in the body of the document.
• Clearly identify the exhibit and cite the relevant paragraphs that adopt it by reference.

No — stating inconsistent claims or defenses is permitted; a party may assert as many claims or defenses as it has regardless of consistency, under 2200.30(e).

• This rule permits alternative or hypothetical pleadings.
• However, the signer must still meet the certification and truthfulness obligations in 2200.32, and frivolous or bad-faith filings can be subject to sanction.

Pleadings and other documents must be fastened at the upper left corner without using staples, as required by 2200.30(a).

• Use a binder clip, paper clip, or similar non‑staple fastener.
• Ensure pages are in order and securely attached so nothing separates during handling.

The regulation states the Commission or Judge may refuse for filing any pleading or motion that does not comply with the rules, but it does not specify that reasons must be provided in the text of 2200.30(h).

• Best practice: request clarification from the tribunal if a filing is refused to learn what to correct.
• Ensure compliance with formatting, caption, and signature rules to avoid refusal.

The minimum type sizes are 12‑point for main text and 11‑point for footnotes, as stated in 2200.30(a).

• Using smaller type risks noncompliance and possible refusal for filing under 2200.30(h).

To ensure a motion conforms, include the required caption and signature, state the specific relief requested with legal grounds, and follow any procedural steps or timing rules found in 2200.40 and the caption/signature requirements of 2200.31–2200.32.

• Attach supporting evidence and cite authority.
• Indicate whether opposing counsel has been consulted or whether the motion is opposed, if applicable.

You should explicitly identify and adopt the specific paragraph numbers or exhibit titles you are incorporating by reference, because statements may be adopted by reference under 2200.30(d).

• For clarity, write: "Paragraph X of Plaintiff’s Complaint is adopted herein by reference."
• Attach the referenced document or exhibit (copies) so the adopted material is readily available in the record.

OSHA may post major settlement agreements on its website, and most settlement agreements are public information subject to FOIA; they are not automatically kept confidential, as explained in the OSHA letter of interpretation at https://www.osha.gov/laws-regs/standardinterpretations/2004-09-27-0.

• The letter states that most settlement agreements are not put on the OSHA website but remain subject to disclosure under the Freedom of Information Act.
• Some major agreements are posted publicly, and settlement agreements are generally treated as public records consistent with FOIA, not as automatically confidential.