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Pleadings

Applicable Law | Pleadings | Representation | Time Limits for Filing | Jurisdiction | Discovery | Burdens of Proof | Hearing | Relief | Right to Further Review



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.

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.

Is there a page limit on my pleadings?

Yes. Pleadings filed with OARM must not exceed 25 pages (not to include any attachments). OARM may grant a motion for leave to exceed the 25-page limit for good cause shown.

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.

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.

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).

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 served.

Updated: November 2011