FCC 1.727 Revised as of October 1, 2006
Goto Year:2005 |
2007
Sec. 1.727 Motions.
(a) A request to the Commission for an order shall be by written motion,
stating with particularity the grounds and authority therefor, and setting
forth the relief or order sought.
(b) All dispositive motions shall contain proposed findings of fact and
conclusions of law, with supporting legal analysis, relevant to the contents
of the pleading. Motions to compel discovery must contain a certification by
the moving party that a good faith attempt to resolve the dispute was made
prior to filing the motion. All facts relied upon in motions must be
supported by documentation or affidavits pursuant to the requirements of
Sec. 1.720(c), except for those facts of which official notice may be taken.
(c) The moving party shall provide a proposed order for adoption, which
appropriately incorporates the basis therefor, including proposed findings
of fact and conclusions of law relevant to the pleading. The proposed order
shall be clearly marked as a “Proposed Order.” The proposed order shall be
submitted both as a hard copy and on computer disk in accordance with the
requirements of Sec. 1.734(d). Where appropriate, the proposed order format
should conform to that of a reported FCC order.
(d) Oppositions to any motion shall be accompanied by a proposed order for
adoption, which appropriately incorporates the basis therefor, including
proposed findings of fact and conclusions of law relevant to the pleading.
The proposed order shall be clearly captioned as a “Proposed Order.” The
proposed order shall be submitted both as a hard copy and on computer disk
in accordance with the requirements of Sec. 1.734(d). Where appropriate, the
proposed order format should conform to that of a reported FCC order.
(e) Oppositions to motions may be filed and served within five business days
after the motion is filed and served and not after. Oppositions shall be
limited to the specific issues and allegations contained in such motion;
when a motion is incorporated in an answer to a complaint, the opposition to
such motion shall not address any issues presented in the answer that are
not also specifically raised in the motion. Failure to oppose any motion may
constitute grounds for granting of the motion.
(f) No reply may be filed to an opposition to a motion.
(g) Motions seeking an order that the allegations in the complaint be made
more definite and certain are prohibited.
(h) Amendments or supplements to complaints to add new claims or requests
for relief are prohibited. Parties are responsible, however, for the
continuing accuracy and completeness of all information and supporting
authority furnished in a pending complaint proceeding as required under
Sec. 1.720(g).
[ 53 FR 11854 , Apr. 11, 1988, as amended at 58 FR 25572 , Apr. 27, 1993; 63 FR 1036 , Jan. 7, 1998; 63 FR 41447 , Aug. 4, 1998]
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