---
kind: "section"
citation: "5 C.F.R. § 2423.21"
title: "5"
number: "2423.21"
heading: "Motions procedure."
url: "https://uscodex.org/cfr/5/2423.21"
---

# §2423.21. Motions procedure.

- (a) **General requirements.** All motions, except those made during a prehearing conference or hearing, shall be in writing. Motions for an extension of time, postponement of a hearing, or any other procedural ruling shall include a statement of the position of the other parties on the motion. All written motions and responses in subparts [B](/cfr/5/subpartB.md), [C](/cfr/5/subpartC.md), or D of this part shall satisfy the filing and service requirements of [part 2429](/cfr/5/part2429.md) of this subchapter.
- (b) **Motions made to the Administrative Law Judge.** Prehearing motions and motions made at the hearing shall be filed with the Administrative Law Judge. Unless otherwise specified in subparts B or C of this part, or otherwise directed or approved by the Administrative Law Judge:
  - (1) Prehearing motions shall be filed at least 10 days prior to the hearing, and responses shall be filed within 5 days after the date of service of the motion;
  - (2) Responses to motions made during the hearing shall be filed prior to the close of hearing;
  - (3) Posthearing motions shall be filed within 10 days after the date the hearing closes, and responses shall be filed within 5 days after the date of service of the motion; and
  - (4) Motions to correct the transcript shall be filed with the Administrative Law Judge within 10 days after receipt of the transcript, and responses shall be filed within 5 days after the date of service of the motion.
- (c) **Post-transmission motions.** After the case has been transmitted to the Authority, motions shall be filed with the Authority. Responses shall be filed within 5 days after the date of service of the motion.
- (d) **Interlocutory appeals.** Motions for an interlocutory appeal of any ruling and responses shall be filed in accordance with this section and [§ 2423.31(c)](/cfr/5/2423.31.md?p=c).

## Notes

### Authority

Authority: 3 U.S.C. 431; 5 U.S.C. 7134.

### Source

Source: 62 FR 40916, July 31, 1997, unless otherwise noted.