13 MAC Pt. 6, R. 2.19
Motions
Cite as 13 Miss. Admin. Code Pt. 6, R. 2.19
Motions.
(a)
All motions shall be in writing, unless made during a hearing.
(b)
A motion shall state with particularity the grounds therefore, shall be supported by a
memorandum of points and authorities, and shall set forth the relief or order sought.
(c)
Every written motion other than one which may be considered ex parte shall be filed with
the hearing examiner and served by the moving party upon the adverse party or as the
hearing examiner directs.
(d)
An opposing party shall have ten (10) calendar days after service of the motion within
which to file and serve a memorandum of points and authorities in opposition to the
motion.
(e)
The moving party shall have five (5) calendar days after service of the opposing
memorandum to serve and file a reply memorandum of points and authorities if he so
desires.
(f)
If a motion or opposition is served by mail, three (3) calendar days shall be added to the
time periods specified herein for response.
(g)
The failure of a moving party to file a memorandum of points and authorities in support
of a motion shall constitute consent to the denial of the motion. The failure of an opposing
party to file a memorandum of points and authorities in opposition to any motion shall
constitute consent to the granting of the motion.
(Adopted: 09/25/1991.)