Sec.  1.735   Copies; service; separate filings against multiple defendants.

   (a) Complaints may generally be brought against only one named carrier; such
   actions may not be brought against multiple defendants unless the defendant
   carriers are commonly owned or controlled, are alleged to have acted in
   concert, are alleged to be jointly liable to complainant, or the complaint
   concerns  common questions of law or fact. Complaints may, however, be
   consolidated by the Commission for disposition.

   (b)  The  complainant  shall  file  an original copy of the complaint,
   accompanied by the correct fee, in accordance with part 1, subpart G (see
    Sec. 1.1106) and, on the same day:

   (1) File three copies of the complaint with the Office of the Commission
   Secretary;

   (2) Serve two copies on the Market Disputes Resolution Division, Enforcement
   Bureau;

   (3) If the complaint is filed against a carrier concerning matters within
   the responsibility of the International Bureau (see  Sec. 0.261 of this chapter),
   serve a copy on the Chief, Policy Division, International Bureau; and

   (4) If a complaint is addressed against multiple defendants, pay a separate
   fee, in accordance with part 1, subpart G (see  Sec. 1.1106), and file three
   copies of the complaint with the Office of the Commission Secretary for each
   additional defendant.

   (c) Generally, a separate file is set up for each defendant. An original
   plus two copies shall be filed of all pleadings and documents, other than
   the complaint, for each file number assigned.

   (d) The complainant shall serve the complaint by hand delivery on either the
   named  defendant or one of the named defendant's registered agents for
   service of process on the same date that the complaint is filed with the
   Commission in accordance with the requirements of paragraph (b) of this
   section.

   (e) Upon receipt of the complaint by the Commission, the Commission shall
   promptly send, by facsimile transmission to each defendant named in the
   complaint, notice of the filing of the complaint. The Commission shall send,
   by regular U.S. mail delivery, to each defendant named in the complaint, a
   copy of the complaint. The Commission shall additionally send, by regular
   U.S. mail to all parties, a schedule detailing the date the answer will be
   due and the date, time and location of the initial status conference.

   (f)  All subsequent pleadings and briefs filed in any formal complaint
   proceeding, as well as all letters, documents or other written submissions,
   shall be served by the filing party on the attorney of record for each party
   to the proceeding, or, where a party is not represented by an attorney, each
   party to the proceeding either by hand delivery, overnight delivery, or by
   facsimile transmission followed by regular U.S. mail delivery, together with
   a proof of such service in accordance with the requirements of  Sec. 1.47(g).
   Service is deemed effective as follows:

   (1)  Service  by  hand delivery that is delivered to the office of the
   recipient by 5:30 pm, local time of the recipient, on a business day will be
   deemed served that day. Service by hand delivery that is delivered to the
   office of the recipient after 5:30 pm, local time of the recipient, on a
   business day will be deemed served on the following business day;

   (2) Service by overnight delivery will be deemed served the business day
   following the day it is accepted for overnight delivery by a reputable
   overnight delivery service such as, or comparable to, the US Postal Service
   Express Mail, United Parcel Service or Federal Express; or

   (3) Service by facsimile transmission that is fully transmitted to the
   office  of the recipient by 5:30 pm, local time of the recipient, on a
   business  day  will  be  deemed  served that day. Service by facsimile
   transmission that is fully transmitted to the office of the recipient after
   5:30 pm, local time of the recipient, on a business day will be deemed
   served on the following business day.

   (g)  Supplemental complaint proceedings. Supplemental complaints filed
   pursuant to section 1.722 shall conform to the requirements set out in this
   section, except that the complainant need not submit a filing fee, and the
   complainant may effect service pursuant to paragraph (f) of this section
   rather than paragraph (d) of this section numerals.

   [ 53 FR 11855 , Apr. 11, 1988. Redesignated and amended at  58 FR 25573 , 25574,
   Apr. 27, 1993, as amended at  63 FR 1040 , Jan. 7, 1998;  64 FR 60726 , Nov. 8,
   1999;  66 FR 16617 , Mar. 27, 2001;  67 FR 13223 , Mar. 21, 2002;  69 FR 41130 ,
   July 7, 2004]