Response or opposition to a motion or request filed separately from a party’s prehearing exchange.
Unless the applicable regulations state otherwise, an opposing party will have 20 days from the date of filing to submit any statement or additional evidence in response to a motion. An opposing party will have 30 days to respond to a motion for summary judgment (CRDP § 19(a)), unless the ALJ orders otherwise. Parties should be aware that certain regulations require a response be filed within 10 days from the date a motion or request is filed. The parties are responsible for knowing the regulations applicable to their case and cannot cite this section of the CRDP as a basis for not complying with the deadlines that those applicable regulations may establish.
Response or opposition to a motion or request filed with a party’s prehearing exchange
If a party files a motion, request, or objection simultaneously with its prehearing exchange, then the non-moving party’s response will be due at the same time its prehearing exchange or reply is due, as set forth in the ALJ’s prehearing order or other scheduling order.
Content created by Departmental Appeals Board (DAB) Content last reviewed on December 16, 2014
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