NAC703.555. Responses to motions; replies to responses.

Except as otherwise provided by a specific regulation:

     1. Any party of record against whom a motion is directed may file a response to the motion. A response must be in writing unless made during a hearing. If made during a hearing, a response may be written or oral.

     2. A response that is required to be in writing pursuant to subsection 1 must be:

     (a) Served upon each party of record.

     (b) Except as otherwise provided in subsection 6 or otherwise directed by the presiding officer, filed with the Commission no later than 5 business days after receipt of service of the motion.

     3. A party of record who:

     (a) Directs a motion against another party of record; and

     (b) Receives a response to that motion pursuant to subsection 1,

Ê may file a reply to the response. A reply filed pursuant to this subsection must be in writing unless made during a hearing. If made during a hearing, a reply may be written or oral. If a party to whom this subsection applies decides not to file a reply to the response, that party shall notify the Commission of the decision so that the Commission or presiding officer may decide the motion on the basis of the pleadings which have already been filed.

     4. A reply that is required to be in writing pursuant to subsection 3 must be:

     (a) Served upon each party of record.

     (b) Except as otherwise provided in subsection 6 or otherwise directed by the presiding officer, filed with the Commission no later than 5 business days after receipt of service of the response.

     5. If a party of record files a reply to a response pursuant to subsection 3, the Commission will or the presiding officer shall consider only those portions of the reply that address directly matters set forth in the response.

     6. Unless otherwise directed by the presiding officer, if a motion is filed within 14 days before the date on which the hearing is scheduled to commence, responses to the motion must be filed with the Commission no later than 3 business days after the date of receipt of service of the motion and replies to the responses must be filed with the Commission no later than 2 business days after the receipt of service of the response.

     [Pub. Service Comm’n, Gen. Order 3 § 7.190, eff. 1-1-79]—(NAC A 1-6-84; A by Pub. Utilities Comm’n by R186-97, 1-30-98; R047-02, 10-24-2002; R010-05, 9-7-2005)