OCAHO Practice Manual ch. 3.3

EOIR

Section: Form of Pleadings

Bluebook Citation: OCAHO Practice Manual ch. 3.3

(a) Caption

All pleadings filed with the Office of the Chief Administrative Hearing Officer (OCAHO) (including the complaint) must contain a caption setting forth the following information:

  • the statutory provision under which the proceeding is instituted;
  • the title of the proceeding;
  • the case number assigned by OCAHO (if known);
  • the names of all parties (or, for all pleadings after the complaint, at least the first party named as the complainant and respondent, respectively); and
  • a designation of the type of pleading (e.g., complaint, motion to dismiss, etc.).

(b) Signature, Date, and Contact Information

Every pleading filed with OCAHO must be signed and dated, and it must contain the mailing address, email address (if available), and telephone number of the party or representative who is filing the pleading.

For pleadings filed by paper, the pleading must have either an original, handwritten ink signature; an encrypted, digital signature; or an electronic signature. For pleadings filed through OCAHO’s electronic filing application, the pleading must have either an original, handwritten ink signature; an encrypted, digital signature; an electronic signature; or a conformed signature.

(c) Format

Pleadings must be on standard size (8½ x 11) paper (whether filed electronically or in paper) and must be typewritten whenever possible.  Illegible documents (whether handwritten, typewritten, photocopied, or otherwise) will not be accepted.  Papers may be reproduced by any duplicating process, provided that all copies are clear and legible.

The ALJ or CAHO may require that exhibits and other written material presented by indexed, paginated, and accompanied by a table of contents.

(d) Language

All pleadings and other documents submitted to OCAHO must be submitted in the English language or, if in a foreign language, must be accompanied by a certified English translation.  See 28 C.F.R. § 68.7(e).

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