Motions

Section 790 TITLE 74: PUBLIC FINANCE CHAPTER VI: COURT OF CLAIMS PART 790 COURT OF CLAIMS REGULATIONS SECTION 790.200 MOTIONS Section 790.200  Motions a)         General. All motions and objections shall comply with Section 790.30 of this Part. b)         Motions. All motions shall be made electronically . If an exception is awarded pursuant to Section 790.30(c) and the participant is permitted to file by paper filing, four copies of all motions, and suggestions in support of the motion, shall be filed with the Clerk of the Court and the assigned Commissioner, together with proof of service upon counsel for the other party. When the motion is based upon matter that does not appear of record, it shall be supported by an affidavit. A copy of the motion, suggestions in support of the motion, and affidavit, if any, shall be served upon counsel for the opposing party at the time the motion is filed with the Clerk. c)         Objections. Objections to motions, and suggestions in support of the objection, must be filed electronically, unless an exception has been granted pursuant to Section 790.30(c), within 21 days after the filing of the original motion. Upon the filing, within 21 days after the filing of the motion, of a request for an extension of time supported by an affidavit that an objection will be filed within the extended time, the time shall be automatically extended for an additional 21 days.  No other extensions will be allowed except in compelling circumstances. All objections to motions shall be filed electronically with the Clerk, together with proof of service upon counsel for the other party. When motions are filed by either the claimant or the respondent, the moving party shall also submit a proposed order. d)         Rulings by Commissioners. After a case has been assigned to a Commissioner, all motions during the course of the hearings, except motions to dismiss, motions for summary judgment, or other dispositive motions, may be determined by the Commissioner. The Commissioner shall cause to be filed with the Clerk of the Court any order so issued. e)         Oral argument on motions. There shall be no oral argument on motions or objections to motions, except on motions where, in the Court's discretion, oral arguments thereon would be of value to the Court.