PROCEDURAL MOTIONS
Appeals, answers, cross-appeals, and answers to cross-appeals are collectively termed “pleadings” since parties plead their arguments before UNAT and request a remedy (also termed “relief”). Beyond these pleadings there are various procedural motions that parties and non-parties may file, such as:
MOTIONS BY PARTIES
MOTION FOR ADDITIONAL PLEADINGS
Parties are not permitted to file additional arguments after filing their appeal and answer and cross-appeal and answer to a cross-appeal. Parties must seek permission from UNAT to do so by filing a motion for leave to file additional pleadings. In accordance with Article 31(1) of UNAT’s Rules and Section II.A.3 of UNAT’s Practice Direction No. 1, UNAT may grant the motion if there are exceptional circumstances for the party seeking to file additional pleadings. Thus, in the motion, parties must demonstrate exceptional circumstances for needing to file additional pleadings and attach to the motion the additional pleading the party seeks to submit. The UNAT President or Duty Judge may issue an order granting or denying the motion or the panel of Judges assigned to the case may address the motion at the time it renders its judgment.
MOTION FOR EXTENSION, SUSPENSION, OR WAIVER OF TIME LIMITS
Under Article 7(3) of the UNAT Statute and Article 7(2) of UNAT’s Rules, in exceptional cases, a party may submit a written request to UNAT seeking suspension, waiver or extension of the time limit to file an appeal. Under Article 30 of UNAT’s Rules, the President or the panel hearing a case may shorten or extend a time limit fixed by the Rules or waive any rule when the interests of justice so require.
MOTION FOR INTERIM MEASURES
A staff member or entity may, at any time, file a motion for interim measures, including before an appeal is even filed, seeking temporary relief. Article 9(4) of the UNAT Statute provides that “[a]t any time during the proceedings, [UNAT] may order an interim measure to provide temporary relief to either party to prevent irreparable harm and to maintain consistency with the judgement of the Dispute Tribunal”. The temporary relief will not be granted if it is not consistent with the UNDT judgment.
MOTION FOR RECUSAL OF JUDGE(S)
Article 23 of UNAT’s Rules permits a party to make a reasoned request for the recusal of a judge on the grounds of conflict of interest to the President or to UNAT, which, after seeking comments from the judge, shall decide on the request and shall inform the party of the decision in writing. Under Article 22(1) of UNAT’s Rules, the term “conflict of interest” means any factor that may impair or reasonably give the appearance of impairing the ability of a judge to independently and impartially adjudicate a case assigned to him or her.
MOTION FOR SUMMARY JUDGMENT
A party may file a motion requesting a summary judgment. A summary judgment may be appropriate when there is no dispute as to the material facts of the case and a party is entitled to judgment as a matter of law. In accordance with Article 19(2) of UNAT’s Rules, a summary judgement may be issued at any time, even when UNAT is not in session. It shall be adopted by panels of three judges designated by the President.
MOTION TO WITHDRAW APPEAL
An appellant may file a motion seeking to withdraw his or her appeal. In accordance with Article 18bis(2) of UNAT’s Rules, if, before the opening date of the session during which the case is to be considered, the appellant informs UNAT, in writing, with notice to the respondent, that he or she wishes to discontinue the proceedings, the President may order the case to be removed from the register.
MOTIONS BY NON-PARTIES
APPLICATION FOR INTERVENTION BY A PERSON NOT A PARTY TO A CASE
Application for Intervention by a Person Not a Party to a Case: Under Article 16 of UNAT’s Rules any person to whom recourse to UNAT is available under Article 6(2)(f) of the UNAT Statute may apply to intervene in a case at any stage thereof on the grounds that his or her rights may have been affected by the UNDT judgment and might, therefore, be affected by the UNAT judgment.
APPLICATION FOR AMICUS CURIAE FILING
Under Article 17 of UNAT’s Rules, a person or organization to whom recourse to UNAT is available, and staff associations may submit a application to file an amicus curiae (friend-of-the-court) brief. Under Article 17(1) of UNAT’s Rules, the Registrar shall forward a copy of an application to file a friend-of-the-court brief to the parties, who shall have three days to file any objections.
