---
kind: "section"
citation: "37 C.F.R. § 41.123"
title: "37"
number: "41.123"
heading: "Default filing times."
url: "https://uscodex.org/cfr/37/41.123"
---

# §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 <I>opposition</I> is due 30 days after service of the motion.**
  - (2) **A <I>reply</I> is due 30 days after service of the opposition.**
  - (3) **A <I>responsive motion</I> 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 <I>opposition</I> 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.
- (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.

## Notes

### Authority

Authority: 35 U.S.C. 2(b)(2), 3(a)(2)(A), 21, 23, 32, 41, 134, 135, and Public Law 112-29.

### Source

Source: 69 FR 50003, Aug. 12, 2004, unless otherwise noted.