D.C. Mun. Regs. tit. 17, r. 17-4107

Current through Register 71, No. 45, November 7, 2024

Rule 17-4107 - MOTIONS AND OTHER PLEADINGS

4107.1

Except by leave of a board during a hearing, a party shall make an application for an order or other relief by filing a written motion. A motion shall state with particularity the grounds on which it is based and shall clearly set forth the order or relief sought. If a motion is supported by memoranda, affidavits, or other papers, they shall be attached and served with the motion.

4107.2

A copy of each motion, response, opposition, reply, or other pleading filed with a board shall be served on each party separately represented, and a certificate of service shall appear at the end of the pleading showing the date and method of service.

4107.3

A party may file a response or opposition to a motion within ten (10) days after service of the motion, but a board, in its discretion, may shorten or extend this time, with proper notice to parties. The response or opposition shall not include a motion for other affirmative relieve against the moving party.

4107.4

A reply to a response or opposition may be filed within three (3) days (excluding Saturdays, Sundays, legal holidays, or days on which the Department is officially closed) after service of the response or opposition, but the reply shall not reargue propositions presented in the motion nor present matters which are not strictly in reply to the response or opposition. No further pleading may be filed except by leave of a board for extraordinary cause.

4107.5

A motion or other pleading shall meet the following additional requirements:

(a) It shall be typewritten on business size (8 1/2 x 11) paper;

(b) It shall contain the name of the case and number of the case, if any;

(c) It shall be double-spaced, except footnotes and quotations, which may be singled-spaced;

(d) It shall be signed by the party on whose behalf it is filed or by that party's counsel; and

(e) Subject to § 4107.6, it shall be accompanied with a number of copies that corresponds to the number of members of the board authorized by the Act, plus one, as follows:

(1) In cases before the Board of Dentistry, eight (8) copies;

(2) In cases before the Board of Dietetics and Nutrition, four (4) copies;

(3) In cases before the Board of Medicine, twelve (12) copies;

(4) In cases before the Board of Nursing, twelve (12) copies;

(5) In cases before the Board of Nursing Home Administration, six (6) copies;

(6) In cases before the Board of Occupational Therapy, six (6) copies;

(7) In cases before the Board of Optometry, six (6) copies;

(8) In cases before the Board of Pharmacy, eight (8) copies;

(9) In cases before the Board of Physical Therapy, six (6) copies;

(10) In cases before the Board of Podiatry, six (6) copies;

(11) In cases before the Board of Psychology, six (6) copies;

(12) In cases before the Board of Social Work, six (6) copies;

4107.6

A board may permit respondents to file a lesser number of copies of motions or other pleadings than the number required by § 4107.5.

D.C. Mun. Regs. tit. 17, r. 17-4107

Final Rulemaking published at 34 DCR 5872, 5878 (September 11, 1987)