C.F.R. » Title 29 » CHAPTER XXVII—FEDERAL MINE SAFETY AND HEALTH REVIEW COMMISSION › PART 2700—PROCEDURAL RULES › Subpart A—General Provisions

29 C.F.R. § 2700.10

Motions

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(a) An application for an order shall be by motion which, unless made during a hearing or a conference, shall be made in writing and shall set forth the relief or order sought. Proceedings on any motion made at a hearing or during a conference shall be recorded.

(b) Written motions shall be set forth in a document separate from other filings.

(c) Prior to filing any motion other than a dispositive motion, the moving party shall confer or make reasonable efforts to confer with the other parties and shall state in the motion if any other party opposes or does not oppose the motion.

(d) A statement in opposition to a written motion may be filed by any party within 8 days after service upon the party. Unless otherwise ordered, oral argument on motions will not be heard. Where circumstances warrant, a motion may be ruled upon prior to the expiration of the time for response; a party adversely affected by the ruling may seek reconsideration.

[58 FR 12164, Mar. 3, 1993, as amended at 64 FR 48713, Sept. 8, 1999; 71 FR 44207, Aug. 4, 2006; 90 FR 5620, Jan. 17, 2025]
Notes of Decisions
Cited in 1 case, 2004–2004 · leading case: Olson v. Fed. Mine Saf. & Health Review Comm'n, 381 F.3d 1007 (10th Cir. 2004).
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Olson v. Fed. Mine Saf. & Health Review Comm'n, 381 F.3d 1007 (10th Cir. 2004). “It is unclear whether the ALJ treated Jacobs Ranch’s motion as a motion to dismiss under 29 C.F.R. § 2700.10 or as a motion for summary decision under 29 C.”
Annotations are extracted automatically from the opinions in the Syfert caselaw corpus and ranked by authority, recency, and treatment. Dots show Syfertize treatment of the citing case itself.