[Code of Federal Regulations]
[Title 17, Volume 1]
[Revised as of April 1, 2006]
From the U.S. Government Printing Office via GPO Access
[CITE: 17CFR12.207]

[Page 290-291]
 
              TITLE 17--COMMODITY AND SECURITIES EXCHANGES
 
             CHAPTER I--COMMODITY FUTURES TRADING COMMISSION
 
PART 12_RULES RELATING TO REPARATIONS--Table of Contents
 
      Subpart D_Rules Applicable to Summary Decisional Proceedings
 
Sec.  12.207  Summary disposition.

    (a) Filing of motions, answers. Any party who believes that there is 
no genuine issue of material fact to be determined and that he is 
entitled to a decision as a matter of law concerning all issues of 
liability in the proceeding may file a motion for summary disposition at 
any time until the parties have concluded their submissions of proof. 
Any adverse party, within ten (10) days after service of the motion, may 
file and serve opposing papers or may countermove for summary 
disposition.
    (b) Supporting papers. A motion for summary disposition shall 
include a statement of the material facts as to which the moving party 
contends there is no genuine issue, supported by the pleadings, and by 
affidavits, other verified statements, admissions, stipulations, and 
interrogatories. The motion may also be supported by briefs containing 
points and authorities in

[[Page 291]]

support of the contention of the party making the motion. When a motion 
is made and supported as provided in this section, unless otherwise 
ordered by the Judgment Officer, an adverse party may not rest upon the 
mere allegations, but shall serve and file in response a statement 
setting forth those material facts as to which he contends a genuine 
issue exists, supported by affidavits and other verified material. He 
may also submit a brief of points and authorities.
    (c) Summary disposition upon motion of the Judgment Officer. If the 
Judgment Officer believes that there may be no genuine issue of material 
fact to be determined and that one of the parties may be entitled to a 
decision as a matter of law, he may direct the parties to submit papers 
in support of and in opposition to summary disposition, substantially as 
provided in paragraphs (a) and (b) of this section.
    (d) Ruling on summary disposition. The Judgment Officer may grant 
summary disposition if the undisputed pleaded facts, affidavits, other 
verified statements, admissions, stipulations, and matters of official 
notice show that (1) there is no genuine issue as to any material fact; 
(2) there is no necessity that further facts be developed in the record; 
and (3) a party is entitled to a decision in his favor as a matter of 
law.
    (e) Review of ruling; appeal. An application for interlocutory 
review of an order denying a motion for summary disposition shall not be 
allowed. An order granting summary disposition as to all of the issues 
and all of the parties in the proceeding shall have the same effect as 
an initial decision (see Sec.  12.210(d)), and may be appealed to the 
Commission, in accordance with Sec.  12.401 of these rules.