If the parties are unable to agree, the time, place, and manner of taking depositions shall be governed by order of the Judge. Any party, without leave of the Judge, may serve written interrogatories upon another party. A party served with interrogatories shall answer each interrogatory separately and fully in writing under oath within 25 days of service unless the proponent of the interrogatories agrees to a longer time.
The Judge may order a shorter or longer time period for responding. A party objecting to an interrogatory shall state the basis for the objection in its answer. Any party, without leave of the Judge, may serve on another party a written request for admissions. A party served with a request for admissions shall respond to each request separately and fully in writing within 25 days of service, unless the party making the request agrees to a longer time.
A party objecting to a request for admissions shall state the basis for the objection in its response. Any matter admitted under this rule is conclusively established for the purpose of the pending proceeding unless the Judge, on motion, permits withdrawal or amendment of the admission.
Any party, without leave of the Judge, may serve on another party a written request to produce and permit inspection, copying or photocopying of designated documents or objects, or to permit a party or his agent to enter upon designated property to inspect and gather information.
A party served with such a request shall respond in writing within 25 days of service unless the party making the request agrees to a longer time. The Judge may order a shorter or longer period for responding.
Guide on Proceedings on Constitutional Complaints
A party objecting to a request for production, entry or inspection shall state the basis for the objection in its response. Upon the failure of any person, including a party, to respond to a discovery request or upon an objection to such a request, the party seeking discovery may file a motion with the Judge requesting an order compelling discovery.
If any person, including a party, fails to comply with an order compelling discovery, the Judge may make such orders with regard to the failure as are just and appropriate, including deeming as established the matters sought to be discovered or dismissing the proceeding in favor of the party seeking discovery. For good cause shown the Judge may excuse an objecting party from complying with the request.
The Commission and its Judges are authorized to issue subpoenas, on their own motion or on the oral or written application of a party, requiring the attendance of witnesses and the production of documents or physical evidence. A subpoena may be served by any person who is at least 18 years of age. A subpoena may also be served by registered or certified mail, return receipt requested, but, in such case, any risk of delivery is on the serving party. A copy of the subpoena bearing a certificate of service shall be filed with the Commission or the Judge.
Subpoenaed witnesses shall be paid the same fees and mileage as are paid in the district courts of the United States. The witness fees and mileage shall be paid by the party at whose request the witness appears, or by the Commission if a witness is subpoenaed on the motion of the Commission or a Judge. This paragraph does not apply to Government employees who are called as witnesses by the Government. Any person served with a subpoena may move within 5 days of service or at the hearing, whichever is sooner, to revoke or modify the subpoena.
The Commission or the Judge shall set forth a concise statement of the grounds for such ruling. Persons compelled to submit evidence at a public proceeding are entitled to obtain, on payment of prescribed costs, a transcript of that part of the proceeding that sets forth their testimony or refers to their production of evidence. A Judge shall not, except in extraordinary circumstances, disclose or order a person to disclose to an operator or his agent the name of an informant who is a miner. A Judge shall not, until 2 days before a hearing, disclose or order a person to disclose to an operator or his agent the name of a miner who is expected by the Judge to testify or whom a party expects to summon or call as a witness.
A party shall have the right to present his case or defense by oral or documentary evidence, to submit rebuttal evidence, and to conduct such cross-examination as may be required for a full and true disclosure of the facts. All exhibits received in evidence in a hearing or submitted for the record in any proceeding before the Commission shall be retained with the official record of the proceeding. The withdrawal of original exhibits may be permitted by the Commission or the Judge, upon request and after notice to the other parties, if true copies are substituted, where practical, for the originals.
The Judge may require the submission of proposed findings of fact, conclusions of law, and orders, together with supporting briefs. The proposals shall be served upon all parties, and shall contain adequate references to the record and authorities. When a party fails to comply with an order of a Judge or these rules, except as provided in paragraph b of this section, an order to show cause shall be directed to the party before the entry of any order of default or dismissal.
The order shall be mailed by registered or certified mail, return receipt requested. If a party fails to attend a scheduled hearing, the Judge, where appropriate, may find the party in default or dismiss the proceeding without issuing an order to show cause.
Guide to Commission Proceedings
When the Judge finds a party in default in a civil penalty proceeding, the Judge shall also enter an order assessing appropriate penalties and directing that such penalties be paid. At any time after commencement of a proceeding and no later than 25 days before the date fixed for the hearing on the merits, a party may move the Judge to render summary decision disposing of all or part of the proceeding. Filing of a summary decision motion and an opposition thereto shall be effective upon receipt.
A motion for summary decision shall be granted only if the entire record, including the pleadings, depositions, answers to interrogatories, admissions, and affidavits, shows:. A motion shall be accompanied by a memorandum of points and authorities specifying the grounds upon which the party seeks summary decision and a statement of material facts specifying each material fact as to which the party contends there is no genuine issue. Each material fact set forth in the statement shall be supported by a reference to accompanying affidavits or other verified documents.
An opposition to a motion for summary decision shall include a memorandum of points and authorities specifying why the moving party is not entitled to summary decision and may be supported by affidavits or other verified documents. The opposition shall also include a separate concise statement of each genuine issue of material fact necessary to be litigated, supported by a reference to any accompanying affidavits or other verified documents.
Material facts identified as not in issue by the moving party shall be deemed admitted for purposes of the motion unless controverted by the statement in opposition. If a party does not respond in opposition, summary decision, if appropriate, shall be entered in favor of the moving party. Supporting and opposing affidavits shall be made on personal knowledge and shall show affirmatively that the affiant is competent to testify to the matters stated.
Sworn or certified copies of all papers or parts of papers referred to in an affidavit shall be attached to the affidavit or be incorporated by reference if not otherwise a matter of record. The judge shall permit affidavits to be supplemented or opposed by depositions, answers to interrogatories, admissions, or further affidavits.
If a motion for summary decision is denied in whole or in part, the Judge shall ascertain what material facts are controverted and shall issue an order directing further proceedings as appropriate. Should a Judge become unavailable to the Commission, the proceedings assigned to him shall be reassigned to a substitute Judge.
The substitute Judge may render a decision based upon the existing record, provided the parties are notified of his intent and they are given an opportunity to object. An objection shall be founded upon a showing of a need for the resolution of conflicting material testimony requiring credibility determinations. Upon good cause shown the Judge may order a further hearing on the merits, which shall be limited, so far as practicable, to the testimony in dispute. The Judge shall make a decision that constitutes his final disposition of the proceedings.
If a decision is announced orally from the bench, it shall be reduced to writing after the filing of the transcript. An order by a Judge approving a settlement proposal is a decision of the Judge. Except to the extent otherwise provided herein, the jurisdiction of the Judge terminates when his decision has been issued. A decision of a Judge is not a precedent binding upon the Commission. Filing of a petition for discretionary review is effective upon receipt.
Two or more parties may join in the same petition; the Commission may consolidate related petitions. Review by the Commission shall not be a matter of right but of the sound discretion of the Commission. Review by the Commission shall be granted only by affirmative vote of at least two of the Commissioners present and voting. Petitions for discretionary review shall be filed only upon one or more of the following grounds:. Each issue shall be separately numbered and plainly and concisely stated, and shall be supported by detailed citations to the record, when assignments of error are based on the record, and by statutes, regulations, or other principal authorities relied upon.
Except by permission of the Commission and for good cause shown, petitions for discretionary review shall not exceed 35 pages. Except for good cause shown, no assignment of error by any party shall rely on any question of fact or law upon which the Judge had not been afforded an opportunity to pass. A statement in opposition to a petition for discretionary review may be filed, but the opportunity for such filing shall not require the Commission to delay its action on the petition.
Filing of a motion requesting an extension of page limit is effective upon receipt. The motion and any statement in opposition shall include proof of service on all parties by a means of delivery no less expeditious than that used for filing the motion, except that if service by electronic transmission email is impossible, the filing party must serve in person, by third party commercial carrier, or by facsimile transmission, resulting in same-day delivery.
Review shall be directed only upon the ground that the decision may be contrary to law or Commission policy or that a novel question of policy has been presented. The Commission shall state in such direction for review the specific issue of law, Commission policy, or novel question of policy to be reviewed. Review shall be limited to the issues specified in such direction for review. After the Commission has directed a case for review, a person may move to intervene.
Intervention before the Commission shall not be a matter of right but of the sound discretion of the Commission. The movant shall set forth:. In denying a motion to intervene, the Commission may alternatively permit the movant to participate in the proceeding as amicus curiae.
Such participation before the Commission shall not be a matter of right but of the sound discretion of the Commission. The movant may conditionally attach its brief to its motion for participation as amicus curiae. A motion for participation as amicus curiae must comply with the requirements set forth in paragraph a of this section.
Within 30 days after the Commission grants a petition for discretionary review, the petitioner shall file his opening brief. If the petitioner desires, he may notify the Commission and all other parties within the day period that his petition and any supporting memorandum are to constitute his brief. If the Commission directs review on its own motion, all parties shall file any opening briefs within 30 days of the direction for review.
In cases where the Commission has granted a petition for discretionary review, the petitioner may file a reply brief within 20 days after the service of the response briefs. No further briefs shall be filed except by leave of the Commission.
Practice Directions and Policies | Superior Court of Justice
Except by permission of the Commission and for good cause shown, opening and response briefs shall not exceed 35 pages, and reply briefs shall not exceed 15 pages. A brief of an amicus curiae shall not exceed 25 pages. A brief of an intervenor shall not exceed the page limitation applicable to the party whose position it supports in affirming or reversing the Judge, or if a different position is taken, such brief shall not exceed 25 pages.
Tables of contents or authorities shall not be counted against the length of a brief. The Commission may decline to accept a brief that is not timely filed. If a petitioner fails to timely file a brief or to designate the petition as his brief, the direction for review may be vacated. If the filing party is not represented by a lawyer, the original shall be sufficient. When filing is by facsimile transmission, the original must be filed with the Commission within 3 days of the facsimile transmission, but no additional copies should be filed.
Each opening and response brief filed with the Commission shall contain a table of contents.
Interlocutory review by the Commission shall not be a matter of right but of the sound discretion of the Commission. Interlocutory review by the Commission shall not operate to suspend the hearing unless otherwise ordered by the Commission. Any grant or denial of interlocutory review shall be by written order of the Commission.
When the Commission grants interlocutory review, it shall also issue an order which addresses page limits on briefs and the sequence and schedule for filing of initial briefs, and, if permitted by the order, reply briefs. Oral argument may be ordered by the Commission on its own motion or on the motion of a party. A party requesting oral argument shall do so by separate motion no later than the time that it files its opening or response brief. Any response must be filed with the Commission within 10 days of service of the petition.
Individuals practicing before the Commission or before Commission Judges shall conform to the standards of ethical conduct required of practitioners in the courts of the United States. Disciplinary proceedings may be instituted against anyone who is practicing or has practiced before the Commission on grounds that such person has engaged in unethical or unprofessional conduct; has failed to comply with these rules or an order of the Commission or its Judges; has been disbarred or suspended by a court or administrative agency; or has been disciplined by a Judge under paragraph e of this section.
Except as provided in paragraph e of this section, a Judge or other person having knowledge of circumstances that may warrant disciplinary proceedings against an individual who is practicing or has practiced before the Commission shall forward to the Commission for action such information in the form of a written disciplinary referral. Whenever the Commission receives a disciplinary referral, the matter shall be assigned a docket number. The Commission shall conduct an inquiry concerning a disciplinary referral and shall determine whether disciplinary proceedings are warranted.
The Commission may require persons to submit affidavits setting forth their knowledge of relevant circumstances. If the Commission determines that disciplinary proceedings are not warranted, it shall issue an order terminating the referral. The Commission shall specify the disciplinary issues to be resolved through hearing and may designate counsel to prosecute the matter before the Judge. The Judge shall provide the opportunity for reply and hearing on the specific disciplinary matters at issue.
The individual shall have the opportunity to present evidence and cross-examine witnesses. If a representative is ordered removed, the Judge shall allow the party represented by the person a reasonable time to engage another representative. In all instances of removal of a person for disruptive conduct, the Judge shall place in the record a written statement on the matter. A Commissioner or a Judge may recuse himself from a proceeding whenever he deems such action appropriate. A party may request a Commissioner or a Judge to withdraw on grounds of personal bias or other disqualification.
A party shall make such a request by promptly filing an affidavit setting forth in detail the matters alleged to constitute personal bias or other grounds for disqualification. If, upon being requested to withdraw pursuant to paragraph b of this section, the Commissioner or the Judge does not withdraw from the proceeding, he shall so rule upon the record, stating the grounds for his ruling. A status or informational request does not constitute an ex parte communication. ADR is also something that the sheriff or summary sheriff may refer you to after you have sent your claim form to the court as a way of settling the dispute out of court.
How do I make a claim? If you have exhausted all your options and wish to make a claim, you will need to complete a claim form. This can be completed online. Alternatively, you can download and complete the Claim Form Form 3A. You should then print it and either post it or take it to the sheriff court that should deal with your claim.
You will need to decide in which of the 39 sheriff courts in Scotland your claim should be brought. In most cases, the court which will hear the claim will be the one within whose area the person the claim is to be made against the respondent lives or has a place of business. For further information contact your local sheriff court. Please note that staff in the Scottish Courts and Tribunals Service cannot give you legal advice, although they can help you to understand court procedures.
- Procedural Rules, 29 CFR Part 2700.
- Guide to preliminary ruling proceedings before the European Court of Justice.
- Guide on Proceedings on Constitutional Complaints - Ústavní soud.
- Practice Directions and Policies!
You may wish to consult with and be represented in court by a solicitor, lay representative or courtroom supporter. You will need to pay a fee to the court when submitting your claim form. You may be entitled to fee exemption, for example, if you receive certain state benefits. If a claim is made against you, the first formal notice you will receive is a copy of the completed claim form.
Contained in the same envelope will be a response form Form 4A. This usually comes by recorded delivery post but you may also receive it from a sheriff officer. The claim form contains the details of the claim made against you. If you wish to either:. The form will also need to be sent to the claimant.
This will be done automatically if the claimant has indicated on the claim form that they would prefer the court and other parties to contact them online. If they have not, then a copy of the response form will have to be sent to them by post. The Review Commission cannot extend the time for filing a petition. Petitions for Interlocutory Review 29 C.
Court of Appeals for the area where the alleged violation occurred or for the District of Columbia. See Commission Procedural Rule 5. If you need assistance filing electronically, you may email e-CMS. Support fmshrc. Before a Judge has been assigned to a case, you may file paper documents by mailing or faxing them to:.
After a Judge has been assigned to a case, you may file paper documents with the Judge by mailing them to the address set forth on the notice of assignment. You may file paper documents with the Review Commission by mailing or faxing them to:. Office of the Solicitor U. Skip to main content. Types of Commission Proceedings A. Contest Proceedings B. Civil Penalty Proceedings C.
Discrimination Proceedings D. Temporary Reinstatement Proceedings E. Compensation Proceedings G. Simplified Proceedings III. Petitions for Discretionary Review 2. Petitions for Interlocutory Review B. Appeals of Decisions to the U. Court of Appeals A. Contact Information A. The Commission B. Contest Proceedings 29 C. Civil Penalty Proceedings 29 C. Discrimination Proceedings 29 C. Temporary Reinstatement Proceedings 29 C.
Compensation Proceedings 29 C. Simplified Proceedings 29 C.