What does 49 CFR 386.34 (Motions) require?

Short answer

49 CFR 386.34 requires that motions be made in writing, state the grounds for relief sought, and be accompanied by affidavits or other evidence relied upon. Answers to motions must be filed within 20 days.

The rule says

"An application for an order or ruling not otherwise covered by these rules shall be by motion." (49 CFR 386.34(a))

"Motions shall be made in writing, shall state with particularity the grounds for relief sought, and shall be accompanied by affidavits or other evidence relied upon." (49 CFR 386.34(b))

"Such answers shall be served within 20 days after the motion is served or within such other time as the Agency Decisionmaker or administrative law judge may set." (49 CFR 386.34(c))

In plain English

In a proceeding under 49 CFR 386, a party must file a motion to request an order or ruling that is not otherwise covered by the rules. The motion must be in writing, clearly state the grounds for the requested relief, and include supporting evidence. The opposing party has 20 days to respond to the motion, unless the Agency Decisionmaker or administrative law judge sets a different deadline. This process allows parties to request specific relief and have their requests considered by the decisionmaker.

What to do

• File motions in writing, stating the grounds for relief sought and including supporting evidence.
• Serve motions on the opposing party and the Agency Decisionmaker or administrative law judge.
• Respond to motions within 20 days, or the deadline set by the Agency Decisionmaker or administrative law judge.
• Ensure that motions and answers are properly served and filed according to the rules.