49 C.F.R. § 1104.13

Replies and motions

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(a) Time. A party may file a reply or motion addressed to any pleading within 20 days after the pleading is filed with the Board, unless otherwise provided.

(b) Number of copies. The original of a reply or motion should be accompanied by the same number of copies required to be filed with the pleading to which the reply or motion is addressed.

(c) Reply to a Reply. A reply to a reply is not permitted.

[47 FR 49554, Nov. 1, 1982, as amended at 61 FR 52711, Oct. 8, 1996]
Notes of Decisions
Cited in 3 cases (1 in the last 5 years), 2006–2026 · leading case: Toledo, Peoria & W. Ry. v. Surface Transp. Bd., 462 F.3d 734 (7th Cir. 2006).
Toledo, Peoria & W. Ry. v. Surface Transp. Bd., 462 F.3d 734 (7th Cir. 2006). “Although TP&W is correct that the rules do not permit the filing of a reply to a reply, see 49 C.F.R. § 1104.13 (c), it could have filed a motion to strike Mooty’s appraisal, 23 or petitioned the STB to respond to that appraisal.”
James Riffin v. STB, No. 24-1385 (D.C. Cir. Apr. 3, 2026). “Third, the Board’s regulations created no obligation that the Board wait twenty days for a reply brief before ruling on a motion that appeared to be uncontested. A Board regulation provides that “[a] party may file a reply or motion addressed to any pleading within 20 days after…”
Kemp v. Surface Transp. Bd., 387 F. App'x 703 (9th Cir. 2010). “See 49 C.F.R. § 1104.13 (a) (permitting replies or motions addressed to pleadings filed with the STB).”
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