Filing motions – informal cases

 

Parties may find the following information on filing motions in informal cases helpful.

What is a motion?

A motion is a request for the Board to take some action, such as reschedule a hearing date, exclude evidence, or allow a party to issue interrogatories.   As a result, a motion does not need to follow any special format.  You may make a request by letter, memo, or through a formalized pleading.  All formats will be treated as a motion.

Contact the other party

The Board recommends that you first contact the opposing party.  The opposing party may be willing to agree to your motion.  In that case, include a copy of the opposing party’s written agreement when you submit your motion to the Board.  A written agreement includes agreements made through email.

Follow the motion rules

Even if the opposing party agrees, you must serve a copy of the motion on the opposing party. The motion must comply with this and all other requirements of WAC 456-10-510.

Objecting to a motion

The opposing party is entitled to file a response objecting to the motion.  You may not file a further reply unless granted leave by the Board. Your Prehearing Order may include authorization to file a reply for certain kinds of motions.

Uncontested motions

There are some motions that the Board will not grant, even if the opposing party agrees to the request or fails to object to it.  Generally, these are motions that relate to internal processes or procedures that are in place for administrative efficiency or to help maintain a fair appeals process.

File early

You should file your motion well-before any scheduled hearing date. The Board may decline to consider motions filed less than 28 days before the scheduled hearing date.

Follow the Prehearing Order

If the Board has issued a Prehearing Order or other order for your case that states different procedures for filing a motion, you must follow the terms of that order.