| (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) at least three proposed dates for the rescheduled
proceeding or a deadline by which the movant will confer with the
non-moving parties to submit three agreed proposed dates; and
(4) a certificate of conference that complies substantially
with one of the examples set out in §155.305(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 §155.305(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 judge finds good cause has been
demonstrated, the judge 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 §155.105 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 SOAH, 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 judge, 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 judge, 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 judge, 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 judge, even when
the motion is agreed or unopposed.
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