(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.
authority: Tennessee Valley Authority Act of 1933, as amended,
16 U.S.C. 831-831dd; Contract Disputes Act of 1978, 92 Stat. 2383-2391
source: 44 FR 29648, May 22, 1979, unless otherwise noted. Redesignated at 44 FR 30682, May 29, 1979.
cite as: 18 CFR 1308.39