Motions

A. Any defense, objection, or request that can be determined on the merits prior to a hearing may be raised by motion before the deadline set by the chairperson unless good cause is shown for the delay. B. Prior to filing the motion, the filing party shall determine whether the non-filing party concurs with the motion. If the non-filing party concurs, the filing party shall include a stipulated order with the motion. If the non-filing party does not concur, the filing party shall indicate the non-concurrence in the motion and include a proposed order. C. A response to a motion is due 12 calendar days from the date of filing of the motion. A reply to a response is due seven days from the date of filing the response. The response and reply schedule may also be set or modified by the chairperson. D. Responses to any motions shall be filed according to a schedule set by the chairperson. E. During the course of a hearing, motions may be renewed or made for the first time, if such a motion then becomes appropriate. 10.12.12 NMAC 3 F. The chairperson shall rule on all motions except for dispositive motions on the merits.