[Code of Federal Regulations]
[Title 16, Volume 1]
[Revised as of January 1, 2006]
From the U.S. Government Printing Office via GPO Access
[CITE: 16CFR3.24]

[Page 54-55]
 
                     TITLE 16--COMMERCIAL PRACTICES
 
                   CHAPTER I--FEDERAL TRADE COMMISSION
 
PART 3_RULES OF PRACTICE FOR ADJUDICATIVE PROCEEDINGS--Table of Contents
 
Subpart C_Prehearing Procedures; Motions; Interlocutory Appeals; Summary 
                                Decisions
 
Sec. 3.24  Summary decisions.

    (a) Procedure. (1) Any party to an adjudicatory proceeding may move, 
with or without supporting affidavits, for a summary decision in the 
party's favor upon all or any part of the issues being adjudicated. The 
motion shall be accompanied by a separate and concise statement of the 
material facts as to which the moving party contends there is not 
genuine issue. Counsel in support of the complaint may so move at any 
time after twenty (20) days following issuance of the complaint and any 
party respondent may so move at any time after issuance of the 
complaint. Any such motion by any party, however, shall be filed in 
accordance with the scheduling order issued pursuant to Sec. 3.21, but 
in any case at least twenty (20) days before the date fixed for the 
adjudicatory hearing.
    (2) Any other party may, within ten (10) days after service of the 
motion, file opposing affidavits. The opposing party shall include a 
separate and concise statement of those material facts as to which the 
opposing party contends there exists a genuine issue for trial, as 
provided in Sec. 3.24(a)(3). The Administrative Law Judge may, in his 
discretion, set the matter for oral argument and call for the submission 
of briefs or memoranda. If a party includes in any such brief or 
memorandum information that has been granted in camera status pursuant 
to Sec. 3.45(b) or is subject to confidentiality protections pursuant 
to a protective order, the party shall file two versions of the document 
in accordance with the procedures set forth in Sec. 3.45(e). The 
decision sought by the moving party shall be rendered within thirty (30) 
days after the opposition or any final brief ordered by the 
Administrative Law Judge is filed, if the pleadings and any depositions, 
answers to interrogatories, admissions on file, and affidavits show that 
there is no genuine issue as to any material fact and that the moving 
party is entitled to such decision as a matter of law. Any such decision 
shall constitute the initial decision of the Administrative Law Judge 
and shall accord with the procedures set forth in Sec. 3.51(c). A 
summary decision, interlocutory in character and in compliance with the 
procedures set forth in Sec. 3.51(c), may be rendered on the issue of 
liability alone although there is a genuine issue as to the nature and 
extent of relief.
    (3) Affidavits shall set forth such facts as would be admissible in 
evidence and shall show affirmatively that the affiant is competent to 
testify to the matters stated therein. The Administrative Law Judge may 
permit affidavits to be supplemented or opposed

[[Page 55]]

by depositions, answers to interrogatories, or further affidavits. When 
a motion for summary decision is made and supported as provided in this 
rule, a party opposing the motion may not rest upon the mere allegations 
or denials of his pleading; his response, by affidavits or as otherwise 
provided in this rule, must set forth specific facts showing that there 
is a genuine issue of fact for trial. If no such response is filed, 
summary decision, if appropriate, shall be rendered.
    (4) Should it appear from the affidavits of a party opposing the 
motion that he cannot, for reasons stated, present by affidavit facts 
essential to justify his opposition, the Administrative Law Judge may 
refuse the application for summary decision or may order a continuance 
to permit affidavits to be obtained or depositions to be taken or 
discovery to be had or make such other order as is appropriate and a 
determination to that effect shall be made a matter of record.
    (5) If on motion under this rule a summary decision is not rendered 
upon the whole case or for all the relief asked and a trial is 
necessary, the Administrative Law Judge shall make an order specifying 
the facts that appear without substantial controversy and directing 
further proceedings in the action. The facts so specified shall be 
deemed established.
    (b) Affidavits filed in bad faith. (1) Should it appear to the 
satisfaction of the Administrative Law Judge at any time that any of the 
affidavits presented pursuant to this rule are presented in bad faith, 
or solely for the purpose of delay, or are patently frivolous, the 
Administrative Law Judge shall enter a determination to that effect upon 
the record.
    (2) If upon consideration of all relevant facts attending the 
submission of any affidavit covered by paragraph (b)(1) of this section, 
the Administrative Law Judge concludes that action by him to suspend or 
remove an attorney from the case is warranted, he shall take action as 
specified in Sec. 3.42(d). If the Administrative Law Judge concludes, 
upon consideration of all the relevant facts attending the submission of 
any affidavit covered by paragraph (b)(1) of this section, that the 
matter should be certified to the Commission for consideration of 
disciplinary action against an attorney, including reprimand, suspension 
or disbarment, the examiner shall certify the matter, with his findings 
and recommendations, to the Commission for its consideration of 
disciplinary action in the manner provided by the Commission's rules.

[35 FR 5007, Mar. 24, 1970, as amended at 50 FR 53305, Dec. 31, 1985; 52 
FR 22293, June 11, 1987; 61 FR 50647, Sept. 26, 1996; 66 FR 17628, Apr. 
3, 2001]