Pleading Motion Definitions

Election

Motion to Compel Production

Objection to Motion to Compel Production

Petition for Review

Procedural Motion

Production of Documents

Response to Complaint

Request for Hearing

Request for Rehearing or Appeal

 

Procedural Motion

These are pleadings by any party to a proceeding before an ALJ or the Commission concerning the scope, procedures or the schedule established by the presiding judge or by FERC rules of procedure.

Response to Complaint

Respondents named in a previously filed formal complaint must file an answer with the Commission, unless otherwise ordered by the Commission.

Motion to Compel Production

This is a petition or request for an order directing another party in the proceeding to produce documents and records in discovery.

Production of Documents

This is the transmittal of documents to another party in the discovery phase of a proceeding that is referred to as a Production of Documents.  Usually produced documents are not submitted to the Commission; and the production of documents filing is normally a transmittal letter advising that the documents or records have been provided to the requesting party.

Request for Hearing

This is a motion to the Commission that a matter within the jurisdiction of the Commission be set for hearing.

Request for Rehearing or Appeal

This is a pleading submitted by any party to a proceeding before the Commission petitioning that an order in that proceeding be reviewed for the purpose of the scheduling of a rehearing and/or the order be reviewed for the purpose of recommendation and/or clarification of the order.  A rehearing request on which there is no Commission action within 30 days is deemed denied. 

Election

This is a pleading submitted by a party to a docketed proceeding to establish that the filing party has elected or chosen a course of action, usually a matter of participating in some matter or activity within the proceeding.  

Objection to Motion to Compel Production

This is a pleading by the respondent named in a motion to compel production stating the basis for objection to producing the requested documents and records.

Petition for Review

This is a pleading filed with a federal appellate court requesting the court to place on its docket and to review the final order and record in a proceeding before the Commission.  Such a petition or appeal may be filed by any party to the proceeding.  In most instances, the court of appellate jurisdiction is the U.S. Court of Appeals for the District of Columbia.

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