Goto Section: 1.370 | 1.372 | Table of Contents

FCC 1.371
Revised as of September 1, 2021
Goto Year:2020 | 2022
  §  1.371   General pleading requirements.

   Written hearings shall be resolved on a written record consisting of
   affirmative case, responsive case, and reply case submissions, along
   with all associated evidence in the record, including stipulations and
   agreements of the parties and official notice of a material fact.

   (a) All pleadings filed in any proceeding subject to these written
   hearing rules must be submitted in conformity with the requirements of
   § § 1.4, 1.44, 1.47, 1.48, 1.49, 1.50, 1.51(a), and 1.52.

   (b) Pleadings must be clear, concise, and direct. All matters should be
   pleaded fully and with specificity.

   (c) Pleadings shall consist of numbered paragraphs and must be
   supported by relevant evidence. Assertions based on information and
   belief are prohibited unless made in good faith and accompanied by a
   declaration or affidavit explaining the basis for the party's belief
   and why the party could not reasonably ascertain the facts from any
   other source.

   (d) Legal arguments must be supported by appropriate statutory,
   judicial, or administrative 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   such as unpublished decisions or slip opinions of courts or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. In addition, copies of state authorities
   relied upon shall be provided.

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

   (h) Pleadings shall identify the name, address, telephone number, and
   email address for either the filing party's attorney or, where a party
   is not represented by an attorney, the filing party. Pleadings may be
   signed by a party's attorney.

   (i) Attachments to any pleading shall be Bates-stamped or otherwise
   identifiable by party and numbered sequentially. Parties shall cite to
   Bates-stamped or otherwise identifiable page numbers in their

   (j) Unless a schedule is specified in the order designating a matter
   for hearing, at the initial status conference under § 1.248(b), the
   presiding officer shall adopt a schedule for the sequential filing of
   pleadings required or permitted under these rules.

   (k) Pleadings shall be served on all parties to the proceeding in
   accordance with § 1.211 and shall include a certificate of service. All
   pleadings shall be served on the presiding officer or case manager, as
   identified in the caption.

   (l) Each pleading must contain a written verification that the
   signatory has read the submission and, to the best of their knowledge,
   information, and belief formed after reasonable inquiry, it is well
   grounded in fact and is warranted by existing law or a good faith
   argument for the extension, modification or reversal of existing law;
   and that it is not interposed for any improper purpose, such as to
   harass, cause unnecessary delay, or needlessly increase the cost of the
   proceeding. If any pleading or other submission is signed in violation
   of this provision, the Commission may upon motion or upon its own
   initiative impose appropriate sanctions.

   (m) Any party to the proceeding may file a motion seeking waiver of any
   of the rules governing pleadings in written hearings. Such waiver may
   be granted for good cause shown.

   (n) Any pleading that does not conform with the requirements of the
   applicable rules may be deemed defective. In such case, the presiding
   officer may strike the pleading or request that specified defects be
   corrected and that proper pleadings be filed with the Commission and
   served on the presiding officer or case manager and all parties within
   a prescribed time as a condition to being made a part of the record in
   the proceeding.

   (o) Any party that fails to respond to official correspondence, a
   request for additional information, or an order or directive from the
   presiding officer or case manager may be subject to appropriate


Goto Section: 1.370 | 1.372

Goto Year: 2020 | 2022
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