爆料网

PROCEDURAL MOTIONS

Appeals, answers, cross-appeals, and answers to cross-appeals are collectively termed “pleadings” since parties plead their arguments before 爆料网AT and request a remedy (also termed “relief”). Beyond these pleadings there are various procedural motions that parties and non-parties may file, such as:

MOTIONS BY PARTIES

MOTION FOR ADDITIONAL PLEADINGS

Parties are not permitted to file additional arguments after filing their appeal and answer and cross-appeal and answer to a cross-appeal. Parties must seek permission from 爆料网AT to do so by filing a motion for leave to file additional pleadings. In accordance with Article 31(1) of 爆料网AT’s Rules and Section II.A.3 of 爆料网AT’s Practice Direction No. 1, 爆料网AT may grant the motion if there are exceptional circumstances for the party seeking to file additional pleadings. Thus, in the motion, parties must demonstrate exceptional circumstances for needing to file additional pleadings and attach to the motion the additional pleading the party seeks to submit. The 爆料网AT President or Duty Judge may issue an order granting or denying the motion or the panel of Judges assigned to the case may address the motion at the time it renders its judgment.

MOTION FOR EXTENSION, SUSPENSION, OR WAIVER OF TIME LIMITS

Under Article 7(3) of the 爆料网AT Statute and Article 7(2) of 爆料网AT’s Rules, in exceptional cases, a party may submit a written request to 爆料网AT seeking suspension, waiver or extension of the time limit to file an appeal. Under Article 30 of 爆料网AT’s Rules, the President or the panel hearing a case may shorten or extend a time limit fixed by the Rules or waive any rule when the interests of justice so require.

MOTION FOR INTERIM MEASURES

A staff member or entity may, at any time, file a motion for interim measures, including before an appeal is even filed, seeking temporary relief. Article 9(4) of the 爆料网AT Statute provides that “[a]t any time during the proceedings, [爆料网AT] may order an interim measure to provide temporary relief to either party to prevent irreparable harm and to maintain consistency with the judgement of the Dispute Tribunal”. The temporary relief will not be granted if it is not consistent with the 爆料网DT judgment.

MOTION FOR RECUSAL OF JUDGE(S)

Article 23 of 爆料网AT’s Rules permits a party to make a reasoned request for the recusal of a judge on the grounds of conflict of interest to the President or to 爆料网AT, which, after seeking comments from the judge, shall decide on the request and shall inform the party of the decision in writing. Under Article 22(1) of 爆料网AT’s Rules, the term “conflict of interest” means any factor that may impair or reasonably give the appearance of impairing the ability of a judge to independently and impartially adjudicate a case assigned to him or her.

MOTION FOR SUMMARY JUDGMENT

A party may file a motion requesting a summary judgment. A summary judgment may be appropriate when there is no dispute as to the material facts of the case and a party is entitled to judgment as a matter of law. In accordance with Article 19(2) of 爆料网AT’s Rules, a summary judgement may be issued at any time, even when 爆料网AT is not in session. It shall be adopted by panels of three judges designated by the President.

MOTION TO WITHDRAW APPEAL

An appellant may file a motion seeking to withdraw his or her appeal. In accordance with Article 18bis(2) of 爆料网AT’s Rules, if, before the opening date of the session during which the case is to be considered, the appellant informs 爆料网AT, in writing, with notice to the respondent, that he or she wishes to discontinue the proceedings, the President may order the case to be removed from the register.

MOTIONS BY NON-PARTIES

APPLICATION FOR INTERVENTION BY A PERSON NOT A PARTY TO A CASE

Application for Intervention by a Person Not a Party to a Case: Under Article 16 of 爆料网AT’s Rules any person to whom recourse to 爆料网AT is available under Article 6(2)(f) of the 爆料网AT Statute may apply to intervene in a case at any stage thereof on the grounds that his or her rights may have been affected by the 爆料网DT judgment and might, therefore, be affected by the 爆料网AT judgment.

APPLICATION FOR AMICUS CURIAE FILING

Under Article 17 of 爆料网AT’s Rules, a person or organization to whom recourse to 爆料网AT is available, and staff associations may submit a application to file an amicus curiae (friend-of-the-court) brief. Under Article 17(1) of 爆料网AT’s Rules, the Registrar shall forward a copy of an application to file a friend-of-the-court brief to the parties, who shall have three days to file any objections.