- 4 -
On September 2, 1997, respondent filed a Motion to Dismiss
for Failure to State a Claim Upon Which Relief Can Be Granted.
By order dated September 4, 1997, petitioner was directed to file
a proper amended petition setting forth with specificity each
error allegedly made by respondent in the determination of the
deficiency and separate statements of every fact upon which the
assignments of error are based. In addition, the order provided
that respondent's motion would be called for hearing in
Washington, D.C., on October 8, 1997. In this regard
petitioner's attention was called to Rule 50(c).2
Petitioner did not file an amended petition. Neither did
he submit a written statement pursuant to Rule 50(c). Instead,
on October 7, 1997, petitioner filed a Motion to Change Place of
Hearing in which he requested that the hearing be held in San
Francisco, California, because he could not afford to travel to
Washington, D.C.
Discussion
Petitioner's Motion
Rule 130(a) provides that if a hearing is to be held on a
motion, then such hearing ordinarily will be held in Washington,
2Rule 50(c) provides: If a motion is noticed for hearing,
then a party to the motion may, prior to or at the time for such
hearing, submit a written statement of such party's position
together with any supporting documents. Such statement may be
submitted in lieu of or in addition to attendance at the
hearing."
Page: Previous 1 2 3 4 5 6 7 Next
Last modified: May 25, 2011