Goto Section: 1.725 | 1.727 | Table of Contents
Revised as of September 1, 2021
Goto Year:2020 |
§ 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
[ 83 FR 44832 , Sept. 4, 2018]
Goto Section: 1.725 | 1.727
Goto Year: 2020 |
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