Section 5.25. Motions.

 

(1)   General. A person requesting an order from the administrative law judge shall make the request in the form of a motion which clearly describes the order sought and the grounds for granting it. A person may move the administrative law judge for any substantive or procedural order authorized by law, including any of the following:

(a) An order dismissing a party or case for lack of personal or subject matter jurisdiction. A motion to dismiss for lack of jurisdiction may be made at any point in the proceeding, but shall be made as soon as the basis for the motion becomes apparent to the moving party.

(b) An order dismissing a contested case before a hearing for failure to state a claim on which relief can be granted.

(c) An order granting summary judgment as to any issue or the entire matter under consideration. A motion for summary judgment shall be brought and decided in accordance with s. 802.08 , Stats.

(2)   Form of motion. Every motion, except the following, shall be submitted in writing with at least 7 calendar days' notice to all parties, unless each nonmoving party waives the notice requirement:

(a) An oral motion made at a prehearing conference or hearing, unless the administrative law judge requires that the motion be submitted in writing.

(b) An oral motion for an extension of time to file a paper. An administrative law judge may rule on a motion under this paragraph on an ex parte basis. The administrative law judge shall notify every other party if the motion is granted.

(3)   Written motions. A person filing a written motion shall comply with s. Ins 5.17 (1) to (5) . A moving party offering any affidavit, brief or other document in support of a motion shall include a copy of each document with the motion unless the administrative law judge permits or orders otherwise.

(4)   Motion hearing; notice.

(a) Except as provided in sub. (2) (b) , the administrative law judge shall give all parties an opportunity to argue a motion, orally or in writing, before ruling on it. The administrative law judge shall notify all parties of any scheduled motion hearing.

History: Cr. Register, March, 1996, No. 483 , eff. 4-1-96; CR 04-131 : cr. (1) (c) Register June 2005 No. 594 , eff. 7-1-05.