| (a) Contents of a motion for continuance. A request
to postpone or delay a hearing or prehearing conference shall include:
(1) a statement of the number of motions for continuance
previously filed in the case by each party;
(2) the specific reason for the continuance;
(3) whether the movant is available if the hearing
or prehearing conference is continued to the next tentatively scheduled
commission meeting;
(4) a certificate of conference that complies substantially
with one of the examples set out in §12.153(b)(2) of this subchapter.
(b) Contents of a motion to extend time. A request
for more time to file a document or respond to discovery shall include:
(1) a statement of the number of extension requests
previously sought in the case by the movant;
(2) the specific reason for the request;
(3) a proposed date for the deadline the movant seeks
to extend; and
(4) a certificate of conference that complies substantially
with one of the examples set out in §12.153(b)(2) of this subchapter.
(c) Date of filing. Motions for continuance or to extend
time shall be filed no later than five days before the date of the
proceeding or deadline at issue or shall state good cause for presenting
the motion after that time. If the presiding officer finds good cause
has been demonstrated, the presiding officer may consider a motion
filed after that time or presented orally at the proceeding.
(d) Date of service. Motions for continuance or extension
shall be served in accordance with §12.127 of this chapter. However,
a motion for continuance that is filed five days or less before the
date of the proceeding shall be served:
(1) by hand-delivery, fax, or email on the same day
it is filed with the commission, if feasible; or
(2) if same-day service is not feasible, by overnight
delivery on the next business day.
(e) Responses to motions for continuance. Responses
to motions for continuance shall be in writing, except a response
to a motion for continuance made on the date of the proceeding may
be presented orally at the proceeding. Unless otherwise ordered or
allowed by the presiding officer, responses to motions for continuance
shall be made by the earlier of:
(1) three days after receipt of the motion; or
(2) the date and time of the proceeding.
(f) Responses to motions to extend time. Unless otherwise
ordered by the presiding officer, responses to motions for extension
of a deadline are due three days after receipt of the motion.
(g) A motion for continuance or extension of time is
not granted until it has been ruled on by the presiding officer, even
if the motion is uncontested or agreed. A case is subject to default
or dismissal for a party's failure to appear at a scheduled hearing
in which a motion for continuance has not been ruled on by the presiding
officer, even when the motion is agreed or unopposed.
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