§  1.727   Motions.

   (a) A request to the Commission for an order shall be by written
   motion, stating with particularity the grounds and authority therefor,
   and setting forth the relief or order sought.

   (b) All dispositive motions shall contain proposed findings of fact and
   conclusions of law, with supporting legal analysis, relevant to the
   contents of the pleading. Motions to compel discovery must contain a
   certification by the moving party that a good faith attempt to resolve
   the dispute was made prior to filing the motion. All facts relied upon
   in motions must be supported by documentation or affidavits pursuant to
   the requirements of §  1.720(c), except for those facts of which
   official notice may be taken.

   (c) The moving party shall provide a proposed order for adoption, which
   appropriately incorporates the basis therefor, including proposed
   findings of fact and conclusions of law relevant to the pleading. The
   proposed order shall be clearly marked as a “Proposed Order.” The
   proposed order shall be submitted both as a hard copy and on computer
   disk in accordance with the requirements of §  1.734(d). Where
   appropriate, the proposed order format should conform to that of a
   reported FCC order.

   (d) Oppositions to any motion shall be accompanied by a proposed order
   for adoption, which appropriately incorporates the basis therefor,
   including proposed findings of fact and conclusions of law relevant to
   the pleading. The proposed order shall be clearly captioned as a
   “Proposed Order.” The proposed order shall be submitted both as a hard
   copy and on computer disk in accordance with the requirements of
   §  1.734(d). Where appropriate, the proposed order format should conform
   to that of a reported FCC order.

   (e) Oppositions to motions may be filed and served within five business
   days after the motion is filed and served and not after. Oppositions
   shall be limited to the specific issues and allegations contained in
   such motion; when a motion is incorporated in an answer to a complaint,
   the opposition to such motion shall not address any issues presented in
   the answer that are not also specifically raised in the motion. Failure
   to oppose any motion may constitute grounds for granting of the motion.

   (f) No reply may be filed to an opposition to a motion.

   (g) Motions seeking an order that the allegations in the complaint be
   made more definite and certain are prohibited.

   (h) Amendments or supplements to complaints to add new claims or
   requests for relief are prohibited. Parties are responsible, however,
   for the continuing accuracy and completeness of all information and
   supporting authority furnished in a pending complaint proceeding as
   required under §  1.720(g).

   [ 53 FR 11854 , Apr. 11, 1988, as amended at  58 FR 25572 , Apr. 27, 1993;
    63 FR 1036 , Jan. 7, 1998;  63 FR 41447 , Aug. 4, 1998]

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