What does 49 CFR 386.35 (Motions to dismiss and motions for a more definite statement) require?

Short answer

49 CFR 386.35 requires that motions to dismiss be made within the time set for reply or petition to review, except for motions to dismiss for lack of jurisdiction, which can be made at any time. Motions for a more definite statement may be made in lieu of a reply and must point out the defects complained of and the details desired.

The rule says

"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." (49 CFR 386.35(a))

"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." (49 CFR 386.35(b))

In plain English

In practice, this means that if a party wants to dismiss a case, they need to do so within the timeframe allowed for responding to the initial claim, unless the issue is about the agency's jurisdiction, in which case they can raise it at any point. If a party needs more information to respond to a claim, they can file a motion for a more definite statement, which must specify what information they need and why. This can be a strategic move to delay proceedings or to get more clarity on the claims being made.

What to do

• File motions to dismiss within the allowed timeframe or risk waiver.
• Make motions for a more definite statement in lieu of a reply if needed.
• Ensure motions for a more definite statement specify the defects and desired details.
• Be prepared to respond to motions for a more definite statement within the allowed timeframe.