41.123 Default filing times.
- (a) A motion, other than a miscellaneous motion, may only be filed according to a schedule the Board sets. The default times for acting are:
- (1) An opposition is due 30 days after service of the motion.
- (2) A reply is due 30 days after service of the opposition.
- (3) A responsive motion is due 30 days after the service of the motion.
- (b) Miscellaneous motions.
- (1) If no time for filing a specific miscellaneous motion is provided in this part or in a Board order:
- (i) The opposing party must be consulted prior to filing the miscellaneous motion, and
- (ii) If an opposing party plans to oppose the miscellaneous motion, the movant may not file the motion without Board authorization. Such authorization should ordinarily be obtained through a telephone conference including the Board and every other party to the proceeding. Delay in seeking relief may justify a denial of the motion.
- (2) An opposition may not be filed without authorization. The default times for acting are:
- (i) An opposition to a miscellaneous motion is due five business days after service of the motion.
- (ii) A reply to a miscellaneous motion opposition is due three business days after service of the opposition.
- (1) If no time for filing a specific miscellaneous motion is provided in this part or in a Board order:
- (c) Exhibits. Each exhibit must be filed and served with the first paper in which it is cited except as the Board may otherwise order.