What to Expect
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| Apple Health Hearings |
Motion Process
What do I need to know first?
A motion is a request to the judge to take a specific action, such as postponing or dismissing the hearing. A hearing is the proceeding where you tell your story to the judge. The two most common motions are a Motion to Dismiss and a Motion for Summary Judgment.
Prehearing Process
What is a Motion to Dismiss?
A Motion to Dismiss is a request by a party, usually HCA, to the judge to dismiss the appeal before the hearing. One reason for this request may be that HCA has already resolved the matter with the appealing party, so a hearing is no longer necessary.
If OAH receives a Motion to Dismiss, it will send you a Notice of Motion to Dismiss and Briefing Schedule, with directions on how to respond. You must respond by the deadline set out in the notice.
If the judge grants the motion and dismisses the appeal, you may appeal the dismissal. You can find ways to appeal at the end of the dismissal order.
What is a Summary Judgment Motion?
A Motion for Summary Judgment is a request by a party, usually HCA, to dismiss the appeal before the hearing. The judge will dismiss the appeal if:
- there are no facts in dispute and
- the law is in favor of the party who filed the motion.
If OAH receives a Motion for Summary Judgment, it will send you a Notice of Summary Judgment Motion and Briefing Schedule, with directions on how to respond. You must respond by the deadline set out in the notice.
If the judge grants the motion and dismisses the appeal, you may appeal the dismissal. You can find ways to appeal at the end of the dismissal order.