§ 1.729   Motions.

   (a) A request for a Commission order shall be by written motion,
   stating with particularity the grounds and authority therefor,
   including any supporting legal analysis, and setting forth the relief
   sought.

   (b) Motions to compel discovery must contain a certification by the
   moving party that a good faith attempt to resolve the dispute was made
   prior to filing the motion.

   (c) Motions seeking an order that the allegations in the complaint be
   made more definite and certain are prohibited.

   (d) Motions to dismiss all or part of a complaint are permitted. The
   filing of a motion to dismiss does not suspend any other filing
   deadlines under the Commission's rules, unless staff issues an order
   suspending such deadlines.

   (e) Oppositions to motions shall be filed and served within 5 business
   days after the motion is served. Oppositions shall be limited to the
   specific issues and allegations contained in the motion; when a motion
   is incorporated in an answer to a complaint, the opposition to such
   motion shall not address any issues presented in the answer that are
   not also specifically raised in the motion. Failure to oppose any
   motion may constitute grounds for granting the motion.

   (f) No reply may be filed to an opposition to a motion, except under
   direction of Commission staff.

   [ 83 FR 44832 , Sept. 4, 2018]

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