Ask X3What does 49 CFR 386.51 (Amendment and withdrawal of pleadings) require?
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Based on 49 CFR 386.51, here is what is required for amending and withdrawing pleadings:
Amending Pleadings:
* More than 15 days before the hearing: You can amend your pleadings by serving the amended pleading to all parties and either the Agency Decisionmaker or the administrative law judge (if one has been appointed).
* Within 15 days of the hearing: An amendment is only allowed at the discretion of the administrative law judge.
* Responding to an amendment: When an amended pleading is filed, other parties have 10 days to file a response and objection.
Withdrawing Pleadings:
* More than 15 days before the hearing: You may withdraw your pleading by serving a notice of withdrawal on the Agency Decisionmaker or the Administrative Law Judge.
* Within 15 days of the hearing: A withdrawal can only be made at the discretion of the Agency Decisionmaker or the Administrative Law Judge. It will be granted unless it causes injustice, prejudice, or irreparable harm to the other party, or goes against the public interest.