[Code of Federal Regulations]
[Title 49, Volume 5]
[Revised as of October 1, 2007]
From the U.S. Government Printing Office via GPO Access
[CITE: 49CFR386.35]

[Page 267]
 
                        TITLE 49--TRANSPORTATION
 
                      DEPARTMENT OF TRANSPORTATION
 
PART 386_RULES OF PRACTICE FOR MOTOR CARRIER, BROKER, FREIGHT FORWARDER, 
AND HAZARDOUS MATERIALS PROCEEDINGS--Table of Contents
 
                  Subpart D_General Rules and Hearings
 
Sec.  386.35  Motions to dismiss and motions for a more definite statement.

    (a) Motions to dismiss must be made within the time set for reply or 
petition to review, except motions to dismiss for lack of jurisdiction, 
which may be made at any time.
    (b) Motions for a more definite statement may be made in lieu of a 
reply. The motion must point out the defects complained of and the 
details desired. If the motion is granted, the pleading complained of 
must be remedied within 15 days of the granting of the motion or it will 
be stricken. If the motion is denied, the party who requested the more 
definite statement must file his/her pleading within 10 days after the 
denial.

[50 FR 40306, Oct. 2, 1985. Redesignated at 70 FR 28483, May 18, 2005]