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Chapter 5 - Motions before the Board

5.3 - Motion Limits

Certain motions are limited in time (when the motion must be filed) and number (how many motions may be filed).  Motions to reopen and motions to reconsider are limited in both time and number.  See Chapters 5.6 (Motion to Reopen), 5.7 (Motions to Reconsider).  Motions to accept a late-filed brief are limited in number.  See Chapter 4.7(d) (Untimely Briefs).  These time and number limits are strictly enforced.

A compound motion is a motion that combines a motion to reopen or a motion to reconsider with another motion (or with each other).  Time and number limits on motions to reopen and motions to reconsider apply even when part of a compound motion, and the Board will consider only that portion of the motion that is not time or number barred.  For example, if a motion seeks both reopening and reconsideration, and is filed more than 30 days after the Board’s decision but within 90 days of that decision, the Board will entertain the portion of the motion that seeks reopening, but not the portion that seeks reconsideration.