Goto Section: 1.725 | 1.727 | Table of Contents
Revised as of October 1, 2014
Goto Year:2013 |
§ 1.726 Replies.
(a) Subject to paragraph (g) of this section governing Accelerated
Docket proceedings, within three days after service of an answer
containing affirmative defenses presented in accordance with the
requirements of § 1.724(e), a complainant may file and serve a reply
containing statements of relevant, material facts and legal arguments
that shall be responsive to only those specific factual allegations and
legal arguments made by the defendant in support of its affirmative
defenses. Replies which contain other allegations or arguments will not
be accepted or considered by the Commission.
(b) Failure to reply to an affirmative defense shall be deemed an
admission of such affirmative defense and of any facts supporting such
affirmative defense that are not specifically contradicted in the
(c) The reply shall contain proposed findings of fact, conclusions of
law, and legal analysis relevant to the claims and arguments set forth
in the reply.
(d) The reply shall include an information designation containing:
(1) The name, address and position of each individual believed to have
firsthand knowledge about the facts alleged with particularity in the
reply, along with a description of the facts within any such
(2) A description of all documents, data compilations and tangible
things in the complainant's possession, custody, or control that are
relevant to the facts alleged with particularity in the reply. Such
description shall include for each document:
(i) The date prepared, mailed, transmitted, or otherwise disseminated;
(ii) The author, preparer, or other source;
(iii) The recipient(s) or intended recipient(s);
(iv) Its physical location; and
(v) A description of its relevance to the matters in dispute.
(3) A complete description of the manner in which the complainant
identified all persons with information and designated all documents,
data compilations and tangible things as being relevant to the dispute,
including, but not limited to, identifying the individual(s) that
conducted the information search and the criteria used to identify such
persons, documents, data compilations, tangible things, and
(e) The reply shall attach copies of all affidavits, documents, data
compilations and tangible things in the complainant's possession,
custody, or control upon which the complainant relies or intends to
rely to support the facts alleged and legal arguments made in the
(f) The complainant may petition the staff, pursuant to § 1.3, for a
waiver of any of the requirements of this section. Such waiver may be
granted for good cause shown.
(g) Accelerated Docket Proceedings. For the purpose of this paragraph
(g), the term document also shall include data compilations and
(1) The filing of a separate pleading to reply to affirmative defenses
is not permitted in Accelerated Docket proceedings. Complainants in
such proceedings may include, in the § 1.733(i)(4)
pre-status-conference filing, those statements that otherwise would
have been the subject of a reply.
(2) In Accelerated Docket proceedings, the failure to reply, in the
pre-status-conference filing, to an affirmative defense shall be deemed
an admission of such affirmative defense and of any facts supporting
such affirmative defense that are not specifically contradicted in the
(3) If a complainant replies to an affirmative defense in its
§ 1.733(i)(4), pre-status-conference filing, it shall include in that
filing the information, required by paragraph (d)(1) of this section,
identifying individuals with firsthand knowledge of the facts alleged
in the reply.
(4) An Accelerated Docket complainant that replies to an affirmative
defense in its § 1.733(i)(4), pre-status-conference filing also shall
serve on the defendant, at the same time as that filing, those
documents in the complainant's possession, custody or control that were
not previously produced to the defendant and that are likely to bear
significantly on the issues raised in the reply. Such a complainant is
not required to comply with the remainder of the requirements in
paragraphs (d) and (e) of this section.
[ 63 FR 1037 , Jan. 7, 1998, as amended at 63 FR 41447 , Aug. 4, 1998; 66 FR 16617 , Mar. 27, 2001]
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Goto Section: 1.725 | 1.727
Goto Year: 2013 |
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