46 C.F.R. § 502.70

Procedure for dispositive motions

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(a) A dispositive motion as defined in § 502.69(g) of this subpart must include a concise statement of the legal basis of the motion with citation to legal authority and a statement of material facts with exhibits as appropriate.

(b) A response to a dispositive motion must be served and filed within 15 days after the date of service of the motion. The response must include a concise statement of the legal basis of the response with citation to legal authority and specific responses to any statements of material facts with exhibits as appropriate.

(c) A reply to the response to a dispositive motion may be filed within 7 days after the date of service of the response to the motion. A reply may not raise new grounds for relief or present matters that do not relate to the response and must not reargue points made in the opening motion.

(d) The non-moving party may not file any further reply unless requested by the Commission or presiding officer, or upon a showing of extraordinary circumstances.

(e) Page limits. Neither the motion nor the response may exceed 30 pages, excluding exhibits or appendices, without leave of the presiding officer. A reply may not exceed 15 pages. [Rule 70.]

Notes of Decisions

Cited in 1 case, 1978–1978 · leading case: Interconex, Inc. v. Fed. Mar. Comm'n & the United States of Am., 572 F.2d 27 (2d Cir. 1978).

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Interconex, Inc. v. Fed. Mar. Comm'n & the United States of Am., 572 F.2d 27 (2d Cir. 1978). · cites it 2× “In its appeal to the FMC Interconex argued that if the complaint was inadequate the proper remedy was not to dismiss it but to permit its amendment pursuant to Rule 5(j) of the Commission’s Rules of Practice and Procedure, 46 C.F.R. § 502.70 . 3 In its order of April 1, 1977,…”

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