Goto Section: 1.727 | 1.729 | Table of Contents
Revised as of September 1, 2021
Goto Year:2020 |
§ 1.728 Replies.
(a) A complainant shall file and serve a reply within 10 calendar days
of service of the answer, unless otherwise directed by the Commission.
The reply shall contain statements of relevant, material facts and
legal arguments that respond to the factual allegations and legal
arguments made by the defendant. Other allegations or arguments will
not be considered by the Commission.
(b) Failure to reply will not be deemed an admission of any allegations
contained in the responsive pleading, except with respect to any
affirmative defense set forth therein. 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 complaint.
(c) The reply shall include legal analysis relevant to the claims and
arguments set forth therein.
(d) The reply 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 and
addressed in the reply, along with the subjects of that information,
excluding individuals otherwise identified in the complaint, answer,
reply, or exhibits thereto, and individuals employed by another party;
(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 that
are addressed in the reply, excluding documents submitted with the
complaint or answer.
[ 83 FR 44832 , Sept. 4, 2018]
Goto Section: 1.727 | 1.729
Goto Year: 2020 |
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