Oklahoma Administrative Code
Title 340 - Department of Human Services
Chapter 2 - Administrative Components
Subchapter 28 - Office of Administrative Hearings: Child Support
Section 340:2-28-17.2 - Pleadings and motion practice

(A) All documents, other than exhibits, are filed in the case prior to consideration by an administrative law judge (ALJ). OAH retains all originals filed in paper form and maintains electronic submissions per state record requirements. A pleading or motion is filed prior to any administrative proceeding.

(B) Paper form documents filed in OAH must be typewritten or legibly hand-written on white paper, size 81/2 by 11 inches. All documents, other than exhibits, must contain a case style, which is a document heading containing the name of this administrative court, the parties' names, appropriate roles, and assigned case numbers. The party filing the initial request for action by OAH is generally designated as the petitioner or petitioner/plaintiff. The opposing party is usually named as the respondent or respondent/defendant. The custodian(s) must be listed, when not already included in the style as a party, under the case numbers. The case numbers listed in the style must include the OAH number and the Title IV-D, family group number (FGN), or CSS number. The associated district court case number is included, when available. Both conventional and "in re" styles are permitted. Parties are encouraged to maintain a consistent style, similar to one that may have been used in prior child support-related actions, between the same parties, provided the information is complete and accurate.

(C) All documents in a proceeding, other than exhibits, must be served on all other parties. Proof of service must be filed with OAH and establish that requirements for service are satisfied. A notice or order setting hearing provides recipients with the hearing date and time and when persons are instructed to appear:

(D) OAH may limit participation in hearings to video or telephone in any notice or order setting hearing. OAH may also limit participation in hearings to video or telephone through an order containing instructions in specific cases or through an administration order authorized by the Chief ALJ.

(E) A copy of all documents, other than exhibits, filed in OAH must be provided to all other pro se parties and attorneys of record. A certificate of mailing, delivery, or service must be filed with OAH.

(F) Upon failure to comply with the requirements in this Section, the ALJ may, among other sanctions, continue the cause of action until satisfactory compliance or deny the requested relief.

(G) Requests that do not comply with the requirements of (A) through (E) of this paragraph are considered only at the ALJ's discretion.

(H) Documents submitted through secure electronic means approved by OAH meet the requirement of original documents.

(A) This paragraph does not prohibit oral motions; however, written motions are preferred.

(B) All motions must state the legal basis supporting the relief or action requested, and whether the opposing party objects, when known.

(C) The ALJ determines if a hearing or oral argument is necessary on a motion and, if so, provides pro se parties and all attorneys of record with notice of the specific hearing date, time, and means.

(D) Initial and response briefs or responses that do not comply with this paragraph are considered only at the ALJ's discretion.

(A) Reply and response briefs must be filed three-business days prior to any hearing. Each brief must be clearly styled to show:

(B) Initial and response briefs, when required, must not exceed 20 pages in length without prior ALJ permission.

(C) Reply briefs must be limited to five pages in length without prior ALJ permission.

(D) No further briefs may be filed without ALJ permission.

(E) Briefs and responses that do not comply with this paragraph are considered only at the ALJ's discretion.

(A) the original due date for the response;

(B) the amount of additional time requested;

(C) the reason for the request;

(D) the current status of the case, including the next hearing date, when a hearing is scheduled; and

(E) a statement that a good faith effort was made to contact the opposing pro se party or the opposing party's counsel regarding the extension to which:

(A) Every application to withdraw as counsel must contain:

(B) Every proposed order allowing withdrawal must contain a statement of the case's current status, including the next hearing date, when a hearing is scheduled, and a certificate of mailing, delivery, or service to the movant's client, all other pro se parties, and attorneys of record.