[Code of Federal Regulations]
[Title 28, Volume 2]
[Revised as of July 1, 2003]
From the U.S. Government Printing Office via GPO Access
[CITE: 28CFR76.10]

[Page 320-321]
 
                    TITLE 28--JUDICIAL ADMINISTRATION
 
              CHAPTER I--DEPARTMENT OF JUSTICE (Continued)
 
PART 76--RULES OF PROCEDURE FOR ASSESSMENT OF CIVIL PENALTIES FOR POSSESSION OF CERTAIN CONTROLLED SUBSTANCES--Table of Contents
 
Sec. 76.10  Motions and requests.

    (a) Generally. Any application for an order or any other request 
shall: be made by motion which shall be in writing (unless the Judge in 
the course of an oral hearing or appearance consents to accept such 
motion orally), state with particularity the grounds therefor, and set 
forth the relief or order sought. Motions or requests made during the 
course of any oral hearing or appearance before a Judge may be stated 
orally or in writing and made part of the transcript. All parties shall 
be given reasonable opportunity to respond or object to the motion or 
request.
    (b) Responses to motions. Within ten (10) days after a written 
motion is served, or within such other period as the Judge may fix, the 
other party to the proceeding may file a response to the motion, 
accompanied by such affidavits or other evidence as the party desires to 
rely upon. Unless the Judge provides otherwise, no reply to a response 
shall be filed.
    (c) Oral arguments or briefs. No oral argument will be heard on 
motions unless the Judge otherwise directs. Written memoranda or briefs 
may be filed with motions or responses to motions,

[[Page 321]]

stating the points and authorities relied upon in support of the 
position taken.