(1) Defined. A party's written or oral request for commission action in the context of an adjudicative proceeding is a "motion." Persons who file motions are "movants" or "moving parties." Motions should be in writing unless made during a hearing session before the presiding officer. The commission may require an action that would be the proper subject of a party's motion, such as the rejection of proffered evidence without receiving a motion from a party. The commission will provide oral or written notice and allow for appropriate process when it acts in the absence of a party's motion. The commission recognizes four basic categories of motion:
(a) Dispositive motions.
Dispositive motions request the commission to determine one or more of the issues in a proceeding or to terminate a party's participation. Examples of dispositive motions are motions to dismiss all or part of a complaint, petition, or application (see WAC 480-07-380
(1)); motions for summary determination (see WAC 480-07-380
(2)); and motions to dismiss an intervenor (see WAC 480-07-355
(4) and 480-07-450
) or find a party in default (see WAC 480-07-450
(b) Procedural motions.
Procedural motions request establishment of or modifications to process or the procedural schedule in a proceeding. Examples of procedural motions are motions for continuance (see WAC 480-07-385
), motions for extensions of time (see WAC 480-07-385
), and motions to reopen the record (see WAC 480-07-830
(c) Discovery motions.
Discovery motions are requests to promote or limit the exchange of information among parties during the discovery phase of a proceeding. Examples of discovery motions are motions to compel (see WAC 480-07-405
(3) and 480-07-425
), motions for sanctions (see WAC 480-07-425
), and motions for protective orders (see WAC 480-07-420
(d) Evidentiary motions. Motions related to evidence are requests to limit or add to the record in a proceeding. Examples of motions related to evidence are motions to strike, motions in limine, and motions requesting authority to file supplemental or additional testimony.
(2) Written motions must be filed separately. Parties must file motions separately from any pleading or other communication with the commission. The commission will not consider motions that are merely stated in the body of a pleading or within the text of correspondence. The commission may refer to the Washington superior court rules for civil proceedings as guidelines for handling motions.
(3) Oral motions. A party may bring an oral motion during a hearing, unless foreclosed from doing so by rule or in the presiding officer's discretion. The presiding officer will provide an opportunity for other parties to respond to any oral motion. The presiding officer may require that an oral motion be reduced to writing and may provide an opportunity for written response.
(4) Responses to written motions.
A party who opposes a written motion, other than a dispositive motion (WAC 480-07-380
) or a motion for continuance (WAC 480-07-385
), may file a written response within five business days after the motion is served, or may make an oral or written response at such other time as the presiding officer may set.
[Statutory Authority: RCW 80.01.040
. WSR 03-24-028 (General Order R-510, Docket No. A-010648), § 480-07-375, filed 11/24/03, effective 1/1/04.]