What does 49 CFR 386.36 (Motions for Final Order) require?

Short answer

49 CFR 386.36 requires that a motion for final order be filed and served in accordance with 386.6 and 386.7, and that the motion include a memorandum of law and written evidence. The non-moving party has 45 days to submit a response to the motion.

The rule says

"Either party may file a motion for final order." (49 CFR 386.36(a))

"The motion must be served in accordance with 386.6 and 386.7." (49 CFR 386.36(a))

"The motion for final order must be accompanied by written evidence in accordance with 386.49." (49 CFR 386.36(b)(2))

"The non-moving party will, within 45 days of service of the motion for final order, submit and serve a response to rebut movant's motion." (49 CFR 386.36(c))

In plain English

When a party files a motion for final order under 49 CFR 386.36, they must follow specific procedures, including serving the motion and providing written evidence. The other party then has 45 days to respond to the motion. Failure to comply with these procedures can result in a party's arguments being rejected on technical grounds.

What to do

• File a motion for final order in accordance with 386.6 and 386.7.
• Include a memorandum of law and written evidence with the motion.
• Serve the motion on the other party.
• Respond to a motion for final order within 45 days, if you are the non-moving party.