Goto Section: 1.725 | 1.727 | Table of Contents

FCC 1.726
Revised as of September 1, 2021
Goto Year:2020 | 2022
  §  1.726   Answers.

   (a) Any defendant upon which a copy of a formal complaint is served
   shall answer such complaint in the manner prescribed under this section
   within 30 calendar days of service of the formal complaint by the
   complainant, unless otherwise directed by the Commission.

   (b) The answer shall advise the complainant and the Commission fully
   and completely of the nature of any defense, and shall respond
   specifically to all material allegations of the complaint. Every effort
   shall be made to narrow the issues in the answer. The defendant shall
   state concisely its defense to each claim asserted, admit or deny the
   averments on which the complainant relies, and state in detail the
   basis for admitting or denying such averment. General denials are
   prohibited. Denials based on information and belief are prohibited
   unless made in good faith and accompanied by a declaration or affidavit
   explaining the basis for the defendant's belief and why the defendant
   could not reasonably ascertain the facts from the complainant or any
   other source. If the defendant is without knowledge or information
   sufficient to form a belief as to the truth of an averment, the
   defendant shall so state and this has the effect of a denial. When a
   defendant intends in good faith to deny only part of an averment, the
   defendant shall specify so much of it as is true and shall deny only
   the remainder. The defendant may deny the allegations of the complaint
   as specific denials of either designated averments or paragraphs.

   (c) The answer shall include legal analysis relevant to the claims and
   arguments set forth therein.

   (d) Averments in a complaint or supplemental complaint filed pursuant
   to § 1.723(d) are deemed to be admitted when not denied in the answer.

   (e) Affirmative defenses to allegations in the complaint shall be
   specifically captioned as such and presented separately from any
   denials made in accordance with paragraph (b) of this section.

   (f) The answer shall include an information designation containing:

   (1) The name and, if known, the address and telephone number of each
   individual likely to have information relevant to the proceeding, along
   with the subjects of that information, excluding individuals otherwise
   identified in the complaint, answer, or exhibits thereto, and
   individuals employed by another party; and

   (2) A copy—or a description by category and location—of all relevant
   documents, electronically stored information, and tangible things that
   the disclosing party has in its possession, custody, or control,
   excluding documents submitted with the complaint or answer.

   (g) Failure to file an answer may be deemed an admission of the
   material facts alleged in the complaint. Any defendant that fails to
   file and serve an answer within the time and in the manner prescribed
   by this part may be deemed in default and an order may be entered
   against such defendant in accordance with the allegations contained in
   the complaint.

   [ 83 FR 44832 , Sept. 4, 2018]


Goto Section: 1.725 | 1.727

Goto Year: 2020 | 2022
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