---
kind: "section"
citation: "37 C.F.R. § 42.20"
title: "37"
number: "42.20"
heading: "Generally."
url: "https://uscodex.org/cfr/37/42.20"
---

# §42.20. Generally.

- (a) **Relief.** Relief, other than a petition requesting the institution of a trial, must be requested in the form of a motion.
- (b) **Prior authorization.** A motion will not be entered without Board authorization. Authorization may be provided in an order of general applicability or during the proceeding.
- (c) **Burden of proof.** The moving party has the burden of proof to establish that it is entitled to the requested relief.
- (d) **Briefing.** The Board may order briefing on any issue involved in the trial.

## Notes

### Authority

Authority: 35 U.S.C. 2(b)(2), 3, 6, 21, 23, 41, 134, 135, 143, 153, 311, 312, 314, 316, 318, 321-326, 328; Pub. L. 112-29, 125 Stat. 284; and Pub. L. 112-274, 126 Stat. 2456.

### Source

Source: 77 FR 48669, Aug. 14, 2012, unless otherwise noted.