When a party wants to ask the judge to do or change something about their case, it is called a “motion.”  A motion is usually made in writing but may also be made verbally during a prehearing conference or due process hearing. 

 

All other parties have the option to respond to a motion. 

 

A judge will decide what to do and either write an "Order" or make a verbal ruling on the record during a prehearing conference or during the hearing, telling the parties whether the judge agrees to do what the party asked for in their motion. If a written order is issued, OAH sends a copy of the Order to each party.

 

OAH does not provide forms for these motions.

 

Common Types of Motions

  

Notice of Insufficiency (must be filed within 15 days of the complaint being filed)

Motion/Request for Continuance

Motion for "Stay Put"

Motion to Dismiss

Motion to Amend Due Process Complaint

Motion to Add a Party to the Case

Motion to Consolidate Two or More Cases

Motion to Challenge the Judge Assigned to the Hearing (Peremptory Challenge)

Challenge for Cause (a motion to challenge a judge assigned to the hearing based on a conflict of interest)

Contact

Special Education Division

Office of Administrative Hearings

2349 Gateway Oaks Drive, Suite 200
Sacramento, CA 95833
Main Contact Number:  (916) 263-0880