Goto Section: 76.5 | 76.7 | Table of Contents
Revised as of September 1, 2021
Goto Year:2020 |
§ 76.6 General pleading requirements.
(a) General pleading requirements. All written submissions, both
substantive and procedural, must conform to the following standards:
(1) A pleading must be clear, concise, and explicit. All matters
concerning a claim, defense or requested remedy, should be pleaded
fully and with specificity.
(2) Pleadings must contain facts which, if true, are sufficient to
warrant a grant of the relief requested.
(3) Facts must be supported by relevant documentation or affidavit.
(4) The original of all pleadings and submissions by any party shall be
signed by that party, or by the party's attorney. Complaints must be
signed by the complainant. The signing party shall state his or her
address and telephone number and the date on which the document was
signed. Copies should be conformed to the original. Each submission
must contain a written verification that the signatory has read the
submission and to the best of his or her 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. If any pleading or other
submission is signed in violation of this provision, the Commission
shall upon motion or upon its own initiative impose appropriate
(5) Legal arguments must be supported by appropriate judicial,
Commission, or statutory authority. Opposing authorities must be
distinguished. 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reporting systems, such as unpublished decisions or slip opinions of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.
(6) Parties are responsible for the continuing accuracy and
completeness of all information and supporting authority furnished in a
pending complaint proceeding. Information submitted, as well as
relevant legal authorities, must be current and updated as necessary
and in a timely manner at any time before a decision is rendered on the
merits of the complaint.
(b) Copies to be Filed. Unless otherwise directed by specific
regulation or the Commission, an original and two (2) copies of all
pleadings shall be filed in accordance with § 0.401(a) of this chapter,
except that petitions requiring fees as set forth at part 1, subpart G
of this chapter must be filed in accordance with § 0.401(b) of this
(c) Frivolous pleadings. It shall be unlawful for any party to file a
frivolous pleading with the Commission. Any violation of this paragraph
shall constitute an abuse of process subject to appropriate sanctions.
[ 64 FR 6569 , Feb. 10, 1999]
Goto Section: 76.5 | 76.7
Goto Year: 2020 |
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