A motion must be made in writing and filed as a separate document, not bundled inside another pleading. See the requirement in 2200.40(a) for the rule that motions be written and separate (with a narrowly allowed exception for exigent oral motions later reduced to writing and filed as the judge directs).
No — motions must be filed as formal motions and not sent as an email or business letter. The rule in 2200.40(b) requires motions to include a caption meeting 2200.31 and a signature meeting 2200.32, and says requests presented by letter or email will not be considered.
You must state plainly what relief you want and explain in detail the grounds for asking for it. 2200.40(c) requires a clear statement of the relief sought and particular grounds, and allows supporting memoranda, briefs, affidavits, or other documents to be filed in support.
You must try to confer with all other parties and describe in the motion the efforts you made and whether any party opposes the motion. 2200.40(d) requires the motion to state the attempts to confer and to state if other parties oppose or do not oppose the motion.
Yes — every procedural motion must include a proposed order that would grant the relief asked for. 2200.40(e) requires a proposed order with procedural motions and notes such motions may be decided before the response time expires.
Yes — you may make an oral motion during a hearing, and it must be included in the transcript if a transcript is being made. See 2200.40(f) for the requirement that oral motions be placed on the record when a transcript is prepared.
Yes — in exigent circumstances before a Judge, an oral motion may be made during an off-the-record telephone conference only if it is later put in writing and filed within the time the judge prescribes. See 2200.40(a) for this limited exception and its requirement that the motion be reduced to writing and filed.
A motion filed in place of an answer must be filed no later than 21 days after service of the complaint. This deadline comes from 2200.40(g)(1) and applies when you substitute a motion for an answer under 2200.34(c).
You should move as soon as the grounds for the motion are known, but you are not required to move on matters already included in a prior pleading unless you want a ruling before the merits hearing. 2200.40(g)(2) explains the timing rule, and 2200.1(n) defines what counts as a pleading.
A motion to postpone (continue) a hearing must comply with the rules in 2200.62 and the guidance in 2200.40(g)(3). Follow 2200.62’s procedures and any timelines or showings it requires when seeking a postponement.
A party served with a motion must file a response within 14 days of service. 2200.40(h) sets the 14‑day response period.
If no response is filed, the judge may rule on the motion without a response, since procedural motions can be ruled on before the response time expires and the rules require a 14‑day response period. See 2200.40(h) and 2200.40(e).
You have 7 days from service of the ruling to file a motion for reconsideration. 2200.40(i) sets the seven‑day deadline for motions for reconsideration.
Motions for summary judgment are governed by the Federal Rule of Civil Procedure 56. 2200.40(j) states that FRCP 56 applies to summary judgment motions in these proceedings.
A motion must include a signature that complies with the technical signature rules in 2200.32 and must also include a caption that complies with 2200.31, as required by 2200.40(b).
Yes — a procedural motion may be ruled upon before the time for response expires. That is explicitly allowed by 2200.40(e).
Yes — you may file memoranda, briefs, affidavits, or other relevant documents in support of the motion. 2200.40(c) permits supporting material to be filed with the motion or with a response.
If a transcript is not being made, the rule only requires inclusion of oral motions in the transcript when one is being produced; however, the judge may still choose to place the oral motion on the record. See 2200.40(f) and the limited off‑the‑record exception in 2200.40(a).
No — you are not required to file a motion on a matter already included in a prior pleading unless you want a ruling on that matter before the merits hearing. 2200.40(g)(2) and the definition of pleading in 2200.1(n) explain this rule.
Most settlement agreements are not posted to OSHA’s website, but major public agreements are posted and parties generally cannot require that OSHA withhold agreements from public disclosure. OSHA’s interpretation explains that major settlement agreements are posted and that most agreements, while usually not put on the website, remain subject to disclosure under FOIA; see the OSHA Letter of Interpretation on website citation postings (Original URL).