January 2011 - National Labor Relations Board

10290 MOTIONS10290–10294 PRETRIAL MOTIONS AND PREHEARING POSTPONEMENTS10290 MotionsPretrial requests (or motions) for postponement or extension of time to fileanswer, to intervene, or to take deposition should be filed with the Regional Director.Sec. 102.24, Rules and Regulations. All other pretrial motions, except Motions forSummary Judgment or Dismissal, are filed with the appropriate Chief or Associate ChiefAdministrative Law Judge. Motions for Summary Judgment or Dismissal are filed withthe Board. Motions and responses thereto should be filed promptly and within such timeas not to delay the proceeding.All pretrial motions filed as a paper document with the Regional Director or anAdministrative Law Judge shall include three copies. All pretrial motions filed with theBoard as a paper document shall include eight copies For filing and service of paperdocuments, see Secs. 11840 and 11846.5.All pretrial motions may also be filed electronically on the Agency’s website. Forelectronic filing and service, see Secs. 11841 and 11846.4.In all instances, a copy should be served on each of the parties, with proof ofservice furnished. See generally Secs. 102.24 and 102.47, Rules and Regulations. Forservice on represented parties of either paper filed or electronically filed documents, seeSecs. 10269 and 11842.10290.1 OppositionsOpposition or other answer to a pretrial motion may be filed with the samenumber of copies and service as above required.10290.2 Ruled on by Regional DirectorThe Regional Director may, and normally should, rule on pretrial motions toextend the time in which to file an answer; to intervene in a matter; to take depositions; orto postpone the opening of the hearing under the circumstances set forth in Secs. 10294.2and .3. Such rulings should be in writing and a copy served on each of the parties.10290.3 Ruled on by Administrative Law JudgeA designated Administrative Law Judge shall rule on all prehearing motions,except those specified in Sec. 10290.2 and Motions for Summary Judgment or Dismissal.Sec. 102.24, Rules and Regulations. Such ALJ rulings issued prior to the opening of thehearing shall be in writing, with a copy served on each of the parties.10290.4 Appeal from RulingSuch rulings by the Regional Director or the Administrative Law Judge may beappealed directly to the Board only on special permission of the Board, but, if exceptionsare taken to a subsequent Order, they will be considered by the Board in reviewing therecord. Sec. 10404.Revised 01/11