---
kind: "section"
citation: "24 C.F.R. § 26.40"
title: "24"
number: "26.40"
heading: "Motions."
url: "https://uscodex.org/cfr/24/26.40"
---

# §26.40. Motions.

- (a) **General.** All motions shall state the specific relief requested and the basis therefore and, except during a conference or the hearing, shall be in writing. Written motions shall be filed and served in accordance with [§ 26.30](/cfr/24/26.30.md). Either party may submit a proposed order with any motion.
- (b) **Response to motions.** Unless otherwise ordered by the ALJ, a response to a written motion may be filed within 10 days after service of the motion. A party failing to respond timely to a motion may be deemed to have waived any objection to the granting of the motion.
- (c) **Motions for extensions.** Either party may file a motion for extension. At the discretion of the ALJ, a motion for an extension of time may be granted for good cause at any time, notwithstanding an objection or any reply to the motion, consistent with [§ 26.32(f)](/cfr/24/26.32.md?p=f). The ALJ may waive the requirements of this section as to motions for extensions of time or any page limits.
- (d) **Right to reply.** The moving party shall have no right to reply, except as permitted by the ALJ.
- (e) **Oral Argument.** Either party may request oral argument on any motion, but such argument shall be available at the sole discretion of the ALJ.
- (f) **Motions for summary judgment.**
  - (1) A party claiming relief or a party against whom relief is sought may timely move, with or without supporting affidavits, for summary judgment on all or part of the claim.
  - (2) Objections in the consideration of summary judgment motions or answers thereto based upon a failure to strictly comply with the provisions of [Rule 56](/cfr/24/56.md) of the Federal Rules of Civil Procedure may, at the discretion of the ALJ, be overruled.
- (g) **Motions for dismissal.** When a motion to dismiss the proceeding is granted, the ALJ shall make and file a determination and order in accordance with the provisions of [§ 26.50](/cfr/24/26.50.md).

## Notes

### Authority

Authority: 42 U.S.C. 3535(d).

### Source

Source: 73 FR 76833, Dec. 17, 2008, unless otherwise noted.