§ 1308.39. Briefs and motions.
144 words·~1 min read·
/us/cfr/t18/s§ 1308.39·A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
(a)All motions shall be accompanied by a brief or memorandum setting forth supporting authorities. Briefs in opposition to a motion shall be served within 10 days after receipt of the motion, unless otherwise specified in this part, or by order of the Hearing Officer.
(b)The Hearing Officer shall set the schedule for service of prehearing and posthearing briefs on the merits.
(c)A motion to dismiss an appeal for lack of jurisdiction should be served seasonably, but may be served at any time. The issue of lack of jurisdiction may be raised by the Hearing Officer sua sponte, in which case the Hearing Officer shall set a briefing schedule on the issue in the document raising it to the parties.
(d)A motion for summary judgment may be made at any time after the appeal file has been transmitted under § 1308.26.