(ii)
Motion to dismiss a complaint. A respondent may .le a motion to dis-miss a complaint instead of .ling an answer. If the motion to dismiss is not granted, the respondent shall .le an answer and shall serve a copy of the answer on each party not later than 10 days after service of the administrativelawjudge’s ruling or order on the motion to dismiss.If the motiontodismissisgranted and theproceedings areterminated without a hearing, the agency attorney may .le an appeal pursuant to r13.233 of this subpart. If required by the decision on appeal, the respondent shall .leananswerand shall serveacopy of the answeroneachparty notlater than 10 days after service of the decision on appeal.
(3)
Motion for more de.nite statement.Aparty may.leamotionformorede.nite statement of any pleading which requires a response under this subpart. A partyshall setforth,indetail, theinde.nite or uncertain allegations contained in a complaint or response to any pleading and shall submit the details that the party believes would make the allegation or response de.nite and certain.
(i) Complaint. A respondent may .le a motion requesting a more de.nite statement of the allegations contained in the complaint instead of .ling an answer.If the administrativelawjudgegrantsthe motion,the agency attorney shall supply a more de.nite statement not later than 15 days after service of the rulinggranting the motion.If the agency attorneyfails to supply a more de.nite statement, the administrative law judge shall strike the allegations in the complaint to which the motion is directed. If theadministrativelawjudgedeniesthemotion,therespondentshall .le an answer and shall serve a copy of the answer on each party not later than 10 days after service of the order of denial.
(ii) Answer. An agency attorney may .le a motion requesting a more de.-nite statement if an answer fails to respond clearly to the allegations in the complaint.Ifthe administrativelawjudgegrantsthe motion,the re-spondent shall supply a more de.nite statement not later than 15 days after service of the ruling on the motion. If the respondent fails to sup-ply a morede.nite statement,the administrativelawjudge shall strike those statements in the answer to which the motion is directed. The re-spondent’s failure to supply a more de.nite statement may be deemed an admission of unanswered allegations in the complaint.
(4)
Motion to strike. Any party may make a motion to strike any insu.cient allegation or defense, or any redundant, immaterial, or irrelevant matter in a pleading. A party shall .le a motion to strike with the administrative law judge andshall serveacopy oneachpartybeforearesponseisrequired under this subpart or, if a response is not required, not later than 10 days after service of the pleading.
(5)
Motion for decision.Aparty may make a motionfordecision, regarding all or anypart oftheproceedings, at any timebeforethe administrativelawjudge has issued aninitial decisionin theproceedings.The administrativelawjudge shallgrantaparty’smotionfordecisionif thepleadings,depositions, answers tointerrogatories, admissions, mattersthatthe administrativelawjudgehas o.cially noticed, or evidence introduced during the hearing show that there is no genuine issue of material fact and that the party making the motion is entitled to a decision as a matter of law. The party making the motion for decision has the burden of showing that there is no genuine issue of material fact disputed by the parties.
(6)
Motion for disquali.cation.Aparty may.le amotionfordisquali.cationwith the administrativelawjudge and shall serve a copy on eachparty.Aparty may .lethe motion at anytime afterthe administrativelawjudgehasbeen assigned to the proceedings but shall make the motion before the administrative law judge .les an initial decision in the proceedings.
(i)
Motion and supporting a.davit.Aparty shall statethegroundsfordisqua-li.cation,including,but notlimited to,personalbias,pecuniary interest, or other factors showing disquali.cation, in the motion for disquali.ca-tion.Aparty shall submit an a.davit with the motionfordisquali.cation that setsforth,indetail, the matters alleged to constitutegroundsfordis-quali.cation.
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本文链接地址：FAA规章 美国联邦航空规章 Federal Aviation Regulations 1(58)
