37 CFR 41.123: Default filing times

Taken from the Ninth Edition of the MPEP, Revision 07.2015, Last Revised in November 2015

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41.123    Default filing times.

  • (a) A motion, other than a miscellaneous motion, may only be filed according to a schedule the Board sets. The default times for acting are:
    • (1) An opposition is due 30 days after service of the motion.
    • (2) A reply is due 30 days after service of the opposition.
    • (3) A responsive motion is due 30 days after the service of the motion.
  • (b) Miscellaneous motions.
    • (1) If no time for filing a specific miscellaneous motion is provided in this part or in a Board order:
      • (i) The opposing party must be consulted prior to filing the miscellaneous motion, and
      • (ii) If an opposing party plans to oppose the miscellaneous motion, the movant may not file the motion without Board authorization. Such authorization should ordinarily be obtained through a telephone conference including the Board and every other party to the proceeding. Delay in seeking relief may justify a denial of the motion.
    • (2) An opposition may not be filed without authorization. The default times for acting are:
      • (i) An opposition to a miscellaneous motion is due five business days after service of the motion.
      • (ii) A reply to a miscellaneous motion opposition is due three business days after service of the opposition.
  • (c) Exhibits. Each exhibit must be filed and served with the first paper in which it is cited except as the Board may otherwise order.
[Added, 69 FR 49959, Aug. 12, 2004, effective Sept. 13, 2004]