A. Content and Filing. All pre-hearing motions shall be written, contain the caption of the case and the title of the motion, the contested case docket number assigned by the Court and the name and address of the person preparing it. The motion shall also state the grounds for relief and the relief sought. Except as provided in Rule 20, all motions, including supporting memorandums of law and exhibits, shall be filed no later than thirty (30) days before the hearing date unless otherwise ordered by the administrative law judge. Any party may file a written response to the motion within ten (10) days of the service of the motion unless the time is extended or shortened by the administrative law judge. Any party may file a written reply within five (5) days of the service of a response, unless otherwise ordered by the administrative law judge.B. Motions for Continuance. A motion for continuance shall be in writing, state the reasons therefor, and be signed by the requesting party or representative. No application for a continuance may be made or granted ex parte (without notice) except in an emergency where notice is not feasible.C. Motions Regarding Discovery. Any motion relating to discovery shall state that the moving party has made a good faith attempt to resolve all the issues raised by the motion with the opposing party. Opposing parties may respond within ten (10) days of the filing of the motion unless the time is otherwise altered by the administrative law judge, who may rule on the basis of the written motion and any response thereto, or may order argument on the motion.D. Motions for Consolidation. When two or more hearings are to be held, and the same or substantially similar evidence is relevant and material to the matters at issue at each such hearing, the administrative law judge may upon motion by any party or on his own motion order that a consolidated hearing be conducted. Where consolidated hearings are held, a single record of the proceedings may be made and evidence introduced in one matter may be considered as introduced in others, and a separate or joint decision shall be made, at the discretion of the administrative law judge as appropriate.E. Motions for Expedited Hearing. All requests for an expedited hearing must be made by motion as provided in subsection (A) above and must be accompanied by a filing fee as provided in Rule 71.S.C. R. P. Admin. Law. Ct. 19
Amended effective 4/11/2023.2023 Revised Notes
Subsection (A) contains the requirement that motions including supporting memorandums of law and exhibits, be made at least thirty days before the contested case hearing. All motions filed with the Court must be accompanied by a filing fee as provided in Rule 71(D). Responses to the motion must be filed within ten days after the motion is served, and replies must be made within five days after the response is served. The presiding judge may extend or shorten any of these time frames. A special rule for continuances was added because of their common usage. Notice to all parties is required. Subsection (C) contains a standard provision that the parties must consult with opposing counsel before filing of a discovery motion to discourage frivolous motions. Subsection (D) provides for consolidation of two or more cases if the same or substantially similar evidence is relevant and material in the cases to be consolidated. The language of the subsection is adapted from 29 C.F.R., Part 18, Subpart A § 18.11, which is applicable to proceedings before Federal administrative law judges. Motions for leave to intervene are governed by Rule 20 rather than this rule. Requests for an expedited hearing must be made by motion and must be accompanied by a filing fee as provided in Rule 71.