[Code of Federal Regulations]

[Title 15, Volume 3]

[Revised as of January 1, 2006]

From the U.S. Government Printing Office via GPO Access

[CITE: 15CFR904.206]



[Page 47-48]

 

                  TITLE 15--COMMERCE AND FOREIGN TRADE

 

CHAPTER IX--NATIONAL OCEANIC AND ATMOSPHERIC ADMINISTRATION, DEPARTMENT 

                               OF COMMERCE

 

PART 904_CIVIL PROCEDURES--Table of Contents

 

                 Subpart C_Hearing and Appeal Procedures

 

Sec. 904.206  Pleadings, motions, and service.



    (a) The original of all pleadings and documents must be filed with 

the Office of Administrative Law Judges and a copy served upon each 

party. All pleadings or documents when submitted for filing must show 

that service has been made upon all parties. Such service must be made 

in accordance with Sec. 904.3(a).

    (b) Pleadings and documents to be filed may be reproduced by 

printing or any other process, provided the copies are clear and 

legible; must be dated, the original signed in ink or as otherwise 

verified for electronic mail; and must show the docket description and 

title of the proceeding, and the title, if any, address, and telephone 

number of the signatory. If typewritten, the impression may be on only 

one side of the paper and must be double spaced, pica type, if possible, 

except that quotations may be single spaced and indented.

    (c) Motions must normally be made in writing and must state clearly 

and concisely the purpose of and relief sought by the motion, the 

statutory or principal authority relied upon, and the facts claimed to 

constitute the grounds requiring the relief requested.

    (d) Unless otherwise provided, the answer to any written motion, 

pleading, or petition must be served within 20 days after date of 

service thereof. If a motion states that opposing counsel has no 

objection, it may be acted upon as soon as practicable, without awaiting 

the expiration of the 20-day period. Answers must be in writing, unless 

made in response to an oral motion made at a hearing; must fully and 

completely advise the parties and the



[[Page 48]]



Judge concerning the nature of the opposition; must admit or deny 

specifically and in detail each material allegation of the pleading 

answered; and must state clearly and concisely the facts and matters of 

law relied upon. Any new matter raised in an answer will be deemed 

controverted.

    (e) A response to an answer will be called a reply. A short reply 

restricted to new matters may be served within 15 days of service of an 

answer. The Judge has discretion to dispense with the reply. No further 

responses are permitted.