North Carolina Administrative Code › Title 11 - INSURANCE › Chapter 23 - INDUSTRIAL COMMISSION › Subchapter B - TORT CLAIMS RULES › Section .0200 - CLAIMS PROCEDURES › Section 23B .0204 - MOTIONS

Current through Register Vol. 39, No. 2, July 15, 2024
(a) All motions
				  regarding tort claims shall be filed pursuant to Rule .0104 of this
				  Subchapter.
(b) A motion shall
				  state the grounds on which it is based with particularity, the relief sought,
				  and the opposing party's position, or that the opposing party's position could
				  not be ascertained after a good faith effort.
(c) At the same time a motion is filed, the
				  party filing the motion shall provide a copy of the motion to all opposing
				  attorneys of record or on all opposing parties if not represented.
(d) All motions and responses thereto filed
				  electronically shall include a proposed Order in Microsoft Word
				  format.
(e) By motion of the
				  parties or on its own motion, the Commission may enlarge the time for an act
				  required or allowed to be done under the Rules in this Subchapter in the
				  interests of justice or to promote judicial economy. An enlargement of time may
				  be granted either before or after the relevant time requirement has
				  elapsed.
(f) Motions to continue or
				  remove a case from the hearing docket shall be made as much in advance of the
				  scheduled hearing as possible and shall be made in writing. The moving party
				  shall state that the other parties have been advised of the motion and shall
				  state the position of the other parties regarding the motion. Oral motions
				  shall be permitted in emergency situations.
(g) The responding party to a motion, with
				  the exception of motions to continue or to remove a case from a hearing docket,
				  has 10 days after a motion is served during which to file and serve copies of a
				  response in opposition to the motion.
(h) Notwithstanding Paragraph (g) of this
				  Rule, a motion may be acted upon at any time by the Commission, despite the
				  absence of notice to all parties and without awaiting a response. Motions shall
				  be determined without oral argument, unless the Commission orders otherwise in
				  the interests of justice.
(i)
				  Motions to dismiss or for summary judgment filed by the defendant on the ground
				  that plaintiff has failed to name the individual officer, agent, employee, or
				  involuntary servant whose alleged negligence gave rise to the claim, or has
				  failed to properly name the department or agency of the State with whom such
				  person was employed, shall be ruled upon following the completion of
				  discovery.
(j) Motions to
				  reconsider or amend an Order or Decision and Order, made prior to giving notice
				  of appeal to the Full Commission, shall be addressed to the Deputy Commissioner
				  who authored the Order or Decision and Order.
Authority
					 G.S.
					 143-296;
					 143-300;
Eff. January
					 1, 1989;
Recodified from
					 04 NCAC
					 10B .0203 Eff. April 17, 2000;
Amended Eff. July 1, 2014; May 1, 2000;
Recodified from
					 04 NCAC
					 10B .0204 Eff. June 1, 2018;
Amended Eff. March 1, 2019.