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FCC 1.720
Revised as of October 1, 2014
Goto Year:2013 | 2015
§ 1.720   General pleading requirements.

   Formal complaint proceedings are generally resolved on a written record
   consisting of a complaint, answer, and joint statement of stipulated
   facts, disputed facts and key legal issues, along with all associated
   affidavits, exhibits and other attachments. Commission proceedings may
   also require or permit other written submissions such as briefs,
   written interrogatories, and other supplementary documents or
   pleadings. Those formal complaint proceedings handled on the
   Enforcement Bureau's Accelerated Docket are subject to pleading and
   procedural rules that differ in some respects from the general rules
   for formal complaint proceedings.

   (a) Pleadings must be clear, concise, and explicit. All matters
   concerning a claim, defense or requested remedy, including damages,
   should be pleaded fully and with specificity.

   (b) Pleadings must contain facts which, if true, are sufficient to
   constitute a violation of the Act or Commission order or regulation, or
   a defense to such alleged violation.

   (c) Facts must be supported by relevant documentation or affidavit.

   (d) Legal arguments must be supported by appropriate judicial,
   Commission, or statutory authority.

   (e) Opposing authorities must be distinguished.

   (f) Copies must be provided of all non-Commission authorities relied
   upon which are not routinely available in national reporting systems,
   such as unpublished decisions or slip opinions of courts or
   administrative agencies.

   (g) Parties are responsible for the continuing accuracy and
   completeness of all information and supporting authority furnished in a
   pending complaint proceeding. Information submitted, as well as
   relevant legal authorities, must be current and updated as necessary
   and in a timely manner at any time before a decision is rendered on the
   merits of the complaint.

   (h) Specific reference shall be made to any tariff provision relied on
   in support of a claim or defense. Copies of relevant tariffs or
   relevant portions of tariffs that are referred to or relied upon in a
   complaint, answer, or other pleading shall be appended to such
   complaint, answer, or other pleading.

   (i) All statements purporting to summarize or explain Commission orders
   or policies must cite, in standard legal form, the Commission ruling
   upon which such statements are based.

   (j) Pleadings shall identify the name, address, telephone number, and
   facsimile transmission number for either the filing party's attorney
   or, where a party is not represented by an attorney, the filing party.

   [ 53 FR 11852 , Apr. 11, 1988, as amended at  58 FR 25572 , Apr. 27, 1993;
    63 FR 1035 , Jan. 7, 1998;  63 FR 41446 , Aug. 4, 1998;  64 FR 60725 , Nov.
   8, 1999]

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Goto Section: 1.719 | 1.721

Goto Year: 2013 | 2015
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