(a) All motions
shall be filed in the manner prescribed by Miss. Work. Comp. Comm. Rule
2.20. All documents to be considered
as evidence by the Administrative Judge shall be attached to the motion or
described with specificity if already filed. A proposed order must accompany
each nondispositive motion. The movant shall serve a copy of the motion,
attachments and proposed order on the opposite party.
(b) A party desiring oral argument on a
motion shall:
1. notice the motion for motion
day or other agreed time and place permitted by the Administrative
Judge;
2. coordinate the date and
time of the hearing with the opposing party and the Administrative
Judge;
3. if the nonmoving party
does not confirm a motion hearing date with the Administrative Judge's legal
assistant within two (2) business days after dates are provided, movant may
unilaterally select an open hearing date and notice the motion for hearing on
that date;
4. allow at least five
(5) calendar days before setting the motion hearing, unless the parties and
Administrative Judge agree otherwise;
5. file the notice of hearing with the
Commission; and
6. serve a copy of
the notice of hearing on the opposing party.
(c) Respondent shall file a written response
in the manner prescribed by Miss. Work. Comp. Comm. Rule
2.20 within fifteen (15) days after
the date of service of the motion. All documents to be considered as evidence
by the Administrative Judge shall be attached to the response or described with
specificity if already filed. Any party who wants to present testimony before a
court reporter in lieu of a telephonic hearing shall file a written motion for
a hearing on the record at least five (5) days before the date set for the
telephonic hearing. Otherwise said issue is moot and shall not be considered by
the Commission on any appeal.
Before all telephonic motion hearings, counsel for the
parties shall discuss and identify the documents they will offer as exhibits
during the motion hearing (aside from attachments to the motion/response to the
motion); after the telephonic motion hearing, a Commission court reporter shall
mark into evidence any exhibits admitted by the Administrative Judge during the
motion hearing.
Briefs or other memoranda of law will not routinely be
required for motion hearings.
The Administrative Judge has the discretion to conduct a
motion hearing by telephone conference and to waive oral argument on a
motion.
(d) MOTION DAY.
Each Administrative Judge shall hold at least one motion day a month on a date
certain beginning at 10:00 a.m. and at a place central to the territory to
which he or she travels. The dates and locations shall be published on the
Commission website.
(e) SPECIAL
MOTIONS. A party who files a motion for emergency hearing (e.g. motion for
immediate hearing or five-day hearing under Mississippi Workers' Compensation
Commission General Rule
1.9 or Miss. Code Ann. §
71-3-17(b))
or a motion to reopen shall first request a telephonic prehearing conference
with the Administrative Judge and other parties to the claim so the parties may
consult with the Administrative Judge about all necessary prehearing
matters.
(f) PREHEARING STATEMENTS.
The parties shall file Prehearing Statements if an evidentiary hearing is
needed to resolve any motion.
