Section 12.04. Motions.

 

(1)   Generally.

(a) Presentation. All motions shall be made in writing, except that motions made at a hearing may be stated orally on the record, and all motions shall briefly state the order, ruling, or action sought and shall state the grounds for the motion. Alternate relief may be requested. Any party may by motion request that the commission or examiner take any action which they are authorized by law to take. Any statement opposing a motion shall be promptly filed and shall conform to the same requirements as this paragraph provides for motions. Written motions, and written statements opposing them, may be transmitted to the commission as set forth in s. ERC 10.06 (1) . If the motion is filed in paper form, a total of 2 copies of the motion shall be included. The party filing a written motion or written statement opposing a motion shall, at the same time, serve a copy on each of the other parties or their representatives, as set forth in s. ERC 10.07 .

(b) Disposition. The commission or examiner shall rule on all motions. Motions made during a hearing shall be ruled on either during the hearing or when the entire record is considered. All rulings on motions shall be in writing, or if made at the hearing, may be stated orally on the record.

(c) Rulings and orders part of record. All motions and any related rulings or orders shall become part of the record.

(2)   Particular motions.

(a) To intervene. Any person desiring to intervene shall file a motion with the commission or examiner stating the reasons the person is claiming to have an interest in the proceeding. Intervention may be permitted upon the terms the commission or examiner finds appropriate.

(b) To make complaint more definite and certain. A motion to make a complaint more definite and certain shall comply with s. ERC 12.02 (7) .

(c) For pre-hearing discovery. Except as noted in subds. 1. and 2. , pre-hearing discovery is not available in prohibited practice complaint proceedings.

1. In any class 2 proceeding, each party shall have the right, prior to the date set for hearing, to take and preserve evidence as provided in ch. 804 , Stats. On motion by a party or by the person from whom discovery is sought in any class 2 proceeding, and for good cause shown, the commission or examiner may make any order in accordance with s. 804.01 , Stats., which justice requires to protect a party or person from annoyance, embarrassment, oppression, or undue burden or expense.

2. In any class 1 or class 3 proceeding, each party shall have the right to take and preserve evidence with respect to a witness who is any of the following:

a. Beyond reach of the subpoena of the commission hearing examiner.

b. About to go out of the state, not intending to return in time for the hearing.

c. So sick, infirm or aged as to make it probable that the witness will not be able to attend the hearing.

d. A member of the legislature, if any committee of the same or the house of which the witness is a member is in session, provided the witness waives the privilege.

(d) To correct transcript. A motion to correct transcript shall comply with s. ERC 18.08 (5) .

(e) To reschedule hearing. A motion to reschedule hearing shall set forth the reasons for the request, alternate dates for rescheduling, and the positions of all other parties regarding the request.

(f) To dismiss. A motion to dismiss shall state the basis for the requested dismissal. A motion to dismiss shall not be granted before an evidentiary hearing has been conducted except where the pleadings, viewed in the light most favorable to the complainant, permit no interpretation of the facts alleged that would make dismissal inappropriate.

History: CR 02-037 : cr. Register June 2006 No. 606 . eff. 7-1-06.