Code of Massachusetts Regulations
360 CMR - MASSACHUSETTS WATER RESOURCE AUTHORITY
Title 360 CMR 1.00 - Adjudicatory Proceedings
GENERAL RULES
Section 1.07 - Filings Generally

Universal Citation: 360 CMR 1.00 MA Code of Regs 1.07

Current through Register 1531, September 27, 2024

(1) Title. Papers filed with the Authority shall state the docket number, if any, the title of the Adjudicatory Proceeding, and the names of the Parties. Papers not containing all this information shall be accepted for filing if they contain sufficient identifying information.

(2) Signatures. Papers filed with the Authority shall be signed and dated by the Party making the filing or by the Party's Authorized Representative, and shall state the address and telephone number of the Party or Authorized Representative. The signature of the Party or Authorized Representative constitutes a certification by the signer that he or she has read the document, knows the content thereof, that to the best of his or her knowledge, information, and belief there is a good ground to support it, and that it is not interposed for delay and, if the document is signed by an Authorized Representative, that he or she has full power and authority to do so.

(3) Agency as a Party. An Agency named a Party to an Adjudicatory Proceeding shall be designated by its name and not by the name(s) of particular individual(s) holding office. If a change occurs in an individual(s) holding office while the Adjudicatory Proceeding is pending, the Adjudicatory Proceeding shall not abate, and no substitution of Parties shall be necessary.

(4) Form.

(a) All Papers, except submittals and documents which are kept in a larger format during the ordinary course of business, shall be handwritten or typewritten on paper 8 to 8 1/2 inches wide by 10 to 11 inches long, with left hand margins not less than one inch. The impression shall be on only one side of the page, unless there are more than four pages, and shall be double-spaced except that quotations in excess of three lines shall be single-spaced and indented. Photocopied Papers will be accepted as handwritten or typewritten. All Papers shall be clear and legible.

(b) Notwithstanding 360 CMR 1.07(4)(a), all interrogatories, requests for admission of fact, and requests for production of documents may be single spaced.

(c) The Authority may provide forms to be used by the Parties.

(5) Service: When Required. Except as otherwise provided by 360 CMR 1.00, or unless the Presiding Officer otherwise orders, every Paper shall be served upon each Party.

(6) Service: How Made. Whenever under 360 CMR 1.00 service is required or permitted to be made upon a Party represented by an attorney, service shall be made upon the attorney, unless service upon the Party is ordered by the Presiding Officer. Service upon the attorney or upon a Party shall be made by delivering a copy to him or her or by mailing it to him or her or to his or her last known address, or, where permitted, by Electronic Medium at his last known address. The last page of every Paper served under 360 CMR 1.00 shall contain a brief signed certification showing the date and manner of service. Papers served by Electronic Medium shall indicate the date transmitted and the telephone number or electronic address used for transmittal. Service by mail is complete upon mailing.

(7) Filing. Except as otherwise provided in 360 CMR 1.07(8), the original of every Paper required to be served upon a Party shall be filed with the Authority either before service or within a reasonable time thereafter.

(8) Papers not Filed. Unless the Presiding Officer orders otherwise, the following shall not be presented or accepted for filing: transcripts of depositions; requests for documents and/or things and responses thereto; and interrogatories and responses thereto. The Party taking a deposition or obtaining material through discovery is responsible for its preservation and delivery to the Presiding Officer if needed or when so ordered. Notwithstanding 360 CMR 1.07, any Party pressing or opposing any motion may file any document pertinent thereto.

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