XXVI. "Petition" versus "Motion"

We propose to repeal Rule 46, which states that petitions are the same as motions, and to amend our rules to redesignate requests for relief within open proceedings as "motions" instead of "petitions." These modifications will clarify that motions are pleadings that seek relief within existing, open proceedings, while petitions, which are addressed in specific rules, are pleadings that seek to open new proceedings or to reopen closed proceedings.

Affected rule:

New rule:

Rule 46

[repeal]

Rule 53

Rule 1.4

Rule 63.2

Rule 9.2

Rule 63.3

Rule 9.3

Rule 63.4

Rule 9.4

Rule 63.9

Rule 8.2(f)

Rule 84

Rule 13.14(b)

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