How do I prepare a motion?

This webpage provides an overview of what a procedural motion is and tips on how to prepare and file your motion.

What is a motion?

Motions are formal requests that require the Commission to make a decision or an order. Some examples are:

  • request for a response to an information request that someone failed to answer or did not fully answer
  • request to challenge a procedural direction of the Commission
  • Request to change a deadline or the schedule
  • request for confidentiality.

Motions filed with the Commission become part of the record and will be available on our online registry and library.

What is in a motion?

Motions must be addressed to the Secretary of the Commission and include:

  • the relief requested
  • a statement of relevant facts
  • an explanation of why a decision or order is required
  • information supporting the request
  • the signature of the person raising the motion

If your motion relies on case law then you’ll have to submit a case book or book of authorities as well as specific passages either highlighted or in a sidebar.

The process advisor team assigned to a project may be able to provide you with a motion template and sample.

Who can file a motion?

Anyone wishing to obtain a decision or an order from the Commission on a matter that arises in a hearing can file a motion. Typically, hearing participants submit motions, although there can be exceptions. For example, if you weren’t granted participant status, you could file a request to the Commission to reconsider its decision.

Before the list of parties is known, persons may file motions for matters in the hearing they want addressed, such as adding to the list of issues.

How does the Commission decide on motions?

After you file your motion, the Commission can decide outright to grant or deny your motion, or it may ask parties for their comments before making a decision. The Commission may also offer the person making the motion a right of reply.

The Commission will establish a process when asking parties to comment on a motion, which usually involves:

  • asking Parties to respond to the motion
  • allowing the person requesting the motion to respond to the comments
  • making a decision and providing reasons for the ruling

How do I submit a motion?

Your motion must be filed with the Commission and served on all parties. If you have internet access, you are expected to submit all documents electronically through the Participation Portal, a web-based tool used to facilitate electronic submissions and distribution of hearing documents. Parties are automatically notified through this process. See the document “How to submit documents with the Participation Portal?” for a step-by-step process for submitting hearing documents with the Participation Portal.

If you are unable to use the internet and cannot file your documents electronically, you can file documents with the Commission in person, by mail, or by fax. Consult the hearing order to view the filing requirements for the hearing you registered to participate in.

If the matter comes up in the oral phase of a hearing, you may give notice of a motion orally.

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