Medicaid

Pre-Trial Motions in Medicaid Cases

Form

All requests made to the Administrative Law Judge shall be made by motion. Unless made during the hearing, motions shall be in writing, shall state specifically the grounds therefor, and shall describe the action or order sought. A copy of all written motions shall be served in accordance with Rule 11. Ga. R. & Regs. § 616-1-2-.16(1).

Timing

Unless otherwise provided, all motions shall be filed at least ten (10) days prior to the date set for hearing unless the need or opportunity for the motion could not reasonably have been foreseen. Such motions shall be filed as soon as the need or opportunity for the motion becomes reasonably foreseeable. Ga. R. & Regs. § 616-1-2-.16(1)(c).

Response

A response to a motion may be filed within ten (10) days after service of the written motion. The time for response may be shortened or extended by the Administrative Law Judge for good cause prior to the expiration of the ten (10) day response period. Ga. R. & Regs. § 616-1-2-.16(2). Either party may request an expedited ruling. Ga. R. & Regs. § 616-1-2-.16(3).

Supporting documentation

All motions, and responses thereto, shall include citations of supporting authorities and, if germane, supporting affidavits or citations to evidentiary materials of record. Ga. R. & Regs. § 616-1-2-.16(4).

Hearings

The Administrative Law Judge may determine whether the nature and complexity of the motion justifies a hearing on the motion and notify the parties accordingly. A request for a hearing on a motion must be made in writing and filed by the date the response to the motion is due. Notice of a hearing on a motion shall be given by the Administrative Law Judge at least five (5) days prior to the date set for hearing. At the discretion of the Administrative Law Judge, a hearing on a motion may be conducted in whole or in part by telephone. Ga. R. & Regs. § 616-1-2-.16(5).

Briefs

The Court may order the submission of briefs or oral argument relative to any motion. Ga. R. & Regs. § 616-1-2-.16(6).

Multiple motions

Multiple motions may be consolidated for hearing or prehearing conference. The Administrative Law Judge may order the submission of briefs or oral argument relative to any motion. Ga. R. & Regs. § 616-1-2-.16(7).

Published by
David McGuffey

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