[Code of Federal Regulations]
[Title 17, Volume 1]
[Revised as of April 1, 2007]
From the U.S. Government Printing Office via GPO Access
[CITE: 17CFR12.205]

[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.  12.205  Motions.

    (a) In general. Motions for relief not otherwise specifically 
provided for in subpart D of these rules, other than discovery-related 
motions and motions for extensions of time and similar procedural 
orders, shall not be allowed. Except as otherwise specifically provided 
in these rules, all motions permitted under these rules shall be 
directed to the Judgment Officer prior to the filing of the initial 
decision, and to

[[Page 291]]

the Commission after the initial decision has been filed. Motions for 
extensions of time and similar procedural orders may be acted upon at 
any time, without awaiting a response thereto. Any party adversely 
affected by such action may request reconsideration, vacation or 
modification of such action.
    (b) Answer to motions. Any party may serve and file a written 
response to a motion within ten (10) days after service of the motion 
upon him, or within such longer or shorter period as is established by 
these rules, or as the Judgment Officer or the Commission may direct.
    (c) Dismissal--(1) By the Judgment Officer. A Judgment Officer, 
acting upon his own motion, may
    (i) Dismiss the entire proceeding without prejudice to 
counterclaims, if he finds that the matters alleged in the complaint 
fail to state a claim cognizable in reparations; or
    (ii) Order dismissal of any claim, counterclaim, or party from the 
proceeding if he finds, after review of the record, that such claim or 
counterclaim (by itself or as applied to any party) is not cognizable in 
reparations.
    (2) Motion for dismissal by a party. Any party who believes that 
grounds exist for dismissal of the entire complaint, or of any claim 
therein, or of any counterclaim or party from the proceeding, may file a 
motion for dismissal specifying the claims or parties to be dismissed 
and the reasons therefor. Upon consideration of the whole record, the 
Judgment Officer may grant or deny such motion, in whole or in part.
    (3) Content and effect of order of dismissal. Any order of dismissal 
entered pursuant to this rule shall contain a brief statement of the 
findings and conclusions which serve as the basis for the order. An 
order of dismissal of the entire proceeding pursuant to this rule shall 
have the effect of an initial decision (see Sec.  12.213(d)), and may be 
appealed to the Commission in accordance with the requirements of Sec.  
12.401 of these rules.