Pleadings

 

What is a pleading?

A pleading is a written submission that sets out claims, allegations, arguments, or evidence. Pleadings include briefs, motions, attachments, and responses.

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What is the date of filing for pleadings filed with OARM?

All pleadings must be filed by the date set by the applicable regulations, 28 C.F.R. part 27, or OARM. The date of filing is the date on which the submission is postmarked, faxed, or emailed (if submitted electronically). Extensions of filing dates will be granted only if requested in writing and if good cause is shown.

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Is there a page limit on my pleadings?

Yes. A request for corrective action or response to a request for corrective action, whether computer generated, typed, or handwritten, is limited to 30 pages or 7500 words, whichever is less. A reply to a response to a request for corrective action is limited to 15 pages or 3750 words, whichever is less. Computer generated and typed pleadings must use no less than 12 point typeface and 1-inch margins and must be double-spaced and use only one side of a page. The length limitation is exclusive of any table of contents, table of authorities, attachments, and certificate of service. OARM may grant a motion to exceed the page limits for good cause shown. A request for leave to file a pleading that exceeds the limitations prescribed in this paragraph must be received by OARM at least 3 days before the filing deadline. Such requests must give the reasons for a waiver, as well as the desired length of the pleading, and are granted only in exceptional circumstances. The page and word limits set forth above are maximum limits. Parties are not expected or required to submit pleadings of the maximum length.

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Is there a required paper size for my pleadings?

Yes. All pleadings and attachments filed with OARM must be filed on 8 ½" X 11" paper, except for good cause shown. All electronic submissions must be formatted so that they will print on 8 ½" X 11" paper.

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Must I provide the other party with a copy of each pleading I file with OARM?

Generally, yes. Except for your request for corrective action, you are required to provide (i.e., “serve”) the FBI’s representative with a copy of each pleading you file with OARM. Likewise, the FBI is required to serve you or your representative with a copy of each pleading it files with OARM.

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How do I prove that I have provided the other party with a copy of my pleading?

To prove that you have served the other party with a copy of your pleading filed with OARM, you must provide OARM with a certificate of service (which should accompany each pleading submitted to OARM).

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What is a certificate of service?

A certificate of service is a written statement certifying that you have served the other party with a copy of your pleading and must include the:

Method of service (e.g., by mail, facsimile or email);
Date of service (i.e., the date on which documents are served on the other party); and
Name and address of the individual(s) served.

 

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What if I have classified information that I want to submit to OARM with my request for corrective action or other pleadings?

The parties shall not file any classified information with OARM. In the event such information becomes relevant to proceedings before OARM, appropriate arrangements for the protection, transmission, and handling of such materials must be in compliance with FBI and other applicable requirements regarding classified materials.