How do I prepare a motion?

How do I prepare a motion? [PDF 409 KB]



This presentation provides a brief overview of what a procedural motion is and tips on how to prepare and file your motion.

This presentation includes information on:

  • What is a motion?
  • Who can file a motion?
  • What is in a motion?
  • How does the Board decide on motions?
  • How to file a motion?

What is a motion?

  • Motions are formal requests that require the Board to make a decision or an order.
  • Examples include:
    • Request for a response to an Information Request which a party declined to answer or did not fully answer.
    • Request to challenge a Procedural Direction of the Board.
    • Request to change a deadline or the schedule.
    • Request for confidentiality.
  • Motions filed with the Board will be part of the Board’s record and will be available on the Board’s online registry and in its library.

Who can file a motion?

  • An individual who wishes to obtain a decision or an order from the Board on a matter that arises in a proceeding can file a motion.
    • Typically, motions are submitted by hearing participants.
    • There can be exceptions.
      • For example, if you weren’t granted participant status, you could file a request to the Board to reconsider its decision.
      • Before the List of Parties is known, persons may file motions for matters in the proceeding which they want addressed; for example, adding to the List of Issues.

What is in a motion?

  • Motions must be addressed to the Secretary of the Board and include:
    • The relief requested;
    • A statement of relevant facts;
    • An explanation of why a decision or order is required;
    • Information supporting the request; and,
    • The signature of the person raising the motion.
  • If your motion relies on case law:
    • a case book or book of authorities must be submitted along with the motion; and,
    • the specific passages of the case being relied on must be highlighted or side-barred.
  • The Process Advisor Team assigned to a project may be able to provide you with a motion template and sample.

How does the Board decide on motions?

  • After you file your motion, the Board:
    • can decide outright to grant or deny your motion, or
    • may ask parties for their comments on the motion before making its decision.
    • The Board may also offer the person making the motion a right of reply.
  • The Board will set up a process when asking parties to comment on a motion. The usual process includes:
    • Asking Parties to respond to the motion;
    • Allowing the individual requesting the motion to respond to the comments; and,
    • The Board makes a decision and provides reasons for its decision (ruling).

How do I submit a motion?

  • Your motion must be filed with the Board and served on all parties.
  • If you have internet access and can access the public registry, you are expected to submit all documents electronically.
    • The Participation Portal is a web based tool used to facilitate electronic submissions and distribution of the documents filed in a hearing process. By using this method, parties will automatically be notified.
    • Consult the document “How to submit documents with the Participation Portal?” to view the step-by-step process for submitting hearing documents with the NEB Participation Portal.
  • If you are unable to use the internet and cannot file your documents electronically, you can file documents with the Board in person, by mail, or by fax.
    • Consult the Hearing Order to view details regarding the filing requirements attached to the hearing you registered to participate in.
  • If the matter comes up in the oral phase of a hearing, an individual may give notice of a motion orally and the motion will be disposed of as the Board directs.

What is a Process Advisor?

  • The Board assigns Process Advisors to each hearing to assist you to better understand the hearing process for a specific project, and how to participate in it effectively.
  • The Process Advisors are available by telephone and email. Visit the project page of the hearing you registered to participate in at to find the contact information of your Process Advisors.
  • Process Advisors also offer workshops, usually on-line, to assist participants in specific parts of the hearing.
  • The Process Advisors can only discuss process matters with you and cannot make your case for you.

Where to Find More Information

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