Note: The following constitutes the proposed
changes in this Rule. Added language appears in bold italic script, and
proposed deletions are indicated by strikeout. The changes will not go
into effect until further notice by the Industrial Commission.
Rule 609
Motions Practice in Contested Cases
(1) Motions brought before the Commission shall be addressed as follows:
(a) All motions in cases which are currently calendared for hearing before
athe Full Commissioneror Deputy Commissioner shall be sent directly to the chair of the Full Commission panelthatCommissioneror Deputy Commissioner before whom the case is pendingat the Industrial Commission.(b) Motions filed before a case is calendared before a Deputy Commissioner, or once a case has been
continued, orremoved from a Deputy Commissioner calendar, or after the filing of an Opinion and Award from which no appeal has been taken,motionsshall be directed to the Executive Secretary of the Industrial Commission.(c) If a case has been continued, motions shall be directed to the Deputy Commissioner or chair of the panel of Commissioners who ordered the continuance.
(d) Motions filed after the filing of an Opinion and Award by a Deputy Commissioner but prior to giving notice of appeal shall be directed to the Deputy Commissioner who authored the Opinion and Award.
(e) Motions filed after the filing of an Opinion and Award by the Full Commission but prior to giving notice of appeal shall be directed to the Commissioner who authored the Opinion and Award.
(f) Motions filed after notice of appeal has been given but prior to the calendaring of the case shall be directed to the Chair of the Industrial Commission.
(2) A motion shall state with particularity the grounds on which it is based, the relief sought, and a brief statement of the opposing party’s position, if known. Service shall be made on all opposing attorneys of record, or on all opposing parties, if not represented.
(3) Motions to continue or remove a case from the hearing calendar on which the case is set must be made well in advance of the scheduled hearing and may be made in written or oral form. In all cases the moving party must provide just cause for the motion and state that the other parties have been advised of the motion and relate the position, if known, of the other parties regarding the motion. Oral motions must be followed with a written confirmation from the moving party.
(4) The responding party to a motion shall have ten (10) days after a motion is served during which to file and serve copies of response in opposition to the motion. The Industrial Commission may shorten or extend the time for responding to any motion.
(5) Notwithstanding the provisions of paragraph (4) above, a motion may
be acted upon at any time by the Commission, despite the absence of notice
to all parties, and without awaiting a response thereto. A party who has not received
actual notice of such a motion or who has not filed a response at the time such action is
taken and who is adversely affected by the action may request that it be reconsideredation,
vacatedion, or modifiedcation
thereof. Motions will be determined without oral argument, unless the
Industrial Commission orders otherwise.
(6) In all cases where correspondence relative to a case before the
Industrial Commission is sent to the Industrial Commission, copies of such correspondence
shall be contemporaneously sent by the same method of transmission, to the opposing
party or, if represented, to opposing counsel or, if none,
to the opposing party. Informal, ex parte written communications, whether
addressed directly to the Commission or copied to the Commission, may not be used as an
opportunity to introduce new evidence, to argue the merits of the case, or to cast the
opposing party or counsel in a bad light, with the exception of the following instances:
1) Written communications, such as a proposed order or legal memorandum, prepared pursuant to the Commission’s instructions;
2) Written communications relative to emergencies, changed circumstances, or scheduling matters that may affect the procedural status of a case such as a request for a continuance due to the health of a litigant or an attorney;
3) Written communications sent to the tribunal with the consent of the opposing lawyer or opposing party if unrepresented; and
4) Any other communication permitted by law or the rules or written procedures of the Commission.
(7) All motions made before the Industrial Commission must include a proposed Order to be considered by the Industrial Commission.
(8) Except as otherwise expressly provided by statute, rule, or by order
of the Commission, in computing any period of time prescribed or allowed by the
Commission’s Rules, by order of the Commission, or by any applicable statute, the day
of the act, event, or default after which the designated period of time begins to run is
not to be included. The last day of the period so computed is to be included, unless it is
a Saturday, Sunday, or a legal holiday, in which event the period runs until the end of
the next day which is not a Saturday, Sunday or a legal holiday. When the period of time
prescribed or allowed is less than seven (7) days, intermediate Saturdays, Sundays, and
holidays shall be excluded in the computation. A half holiday shall be considered
as other days and not as a holiday. Whenever a party has the right to do some act
or take some proceedings within a prescribed period after the service of any document,
three (3) days shall be added to the prescribed period.
(9) The Amendments to this Rule are effective March 15, 1995.
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