- Part Number:2200
- Part Number Title:OSHA Review Commission
- Standard Number:
- Title:General rules.
- GPO Source:
"Format." Pleadings and other documents (other than exhibits) shall be typewritten, double spaced, on letter size opaque paper (approximately 8 1/2 inches by 11 inches). All margins shall be approximately 1 1/2 inches. Pleadings and other documents shall be fastened at the upper left corner.
"Clarity." Each allegation or response of a pleading or motion shall be simple, concise and direct.
"Separation of claims." Each allegation or response shall be made in separate numbered paragraphs. Each paragraph shall be limited as far as practicable to a statement of a single set of circumstances.
"Adoption by reference." Statements in a pleading may be adopted by reference in a different part of the same pleading or in another pleading or in any motion. A copy of any written instrument which is an exhibit to a pleading is a part thereof for all purposes.
"Alternative pleading." A party may set forth two or more statements of a claim or defense alternatively or hypothetically. When two or more statements are made in the alternative and one of them would be sufficient if made independently, the pleading is not made insufficient by the insufficiency of one or more of the alternative statements. A party may state as many separate claims or defenses as he has regardless of their consistency or the grounds on which based. All statements shall be made subject to the signature requirements of 2200.32.
"Content of motions and miscellaneous pleadings." A motion shall contain a caption complying with 2200.31, a signature complying with 2200.32, and a clear and plain statement of the relief that is sought together with the grounds therefor. These requirements also apply to any pleading not governed by more specific requirements in this subpart.
"Burden of persuasion." The rules of pleading established by this subpart are not determinative in deciding which party bears the burden of persuasion on an issue. By pleading a matter affirmatively, a party does not waive its right to argue that the burden of persuasion on the matter is on another party.
"Enforcement of pleading rules." The Commission or the Judge may refuse for filing any pleading or motion that does not comply with the requirements of this subpart.
[51 FR 32015, Sept. 8, 1986, as amended at 57 FR 41685, Sept. 11, 1992]