§  1.726   Replies.

   (a) Subject to paragraph (g) of this section governing Accelerated
   Docket proceedings, within three days after service of an answer
   containing affirmative defenses presented in accordance with the
   requirements of §  1.724(e), a complainant may file and serve a reply
   containing statements of relevant, material facts and legal arguments
   that shall be responsive to only those specific factual allegations and
   legal arguments made by the defendant in support of its affirmative
   defenses. Replies which contain other allegations or arguments will not
   be accepted or considered by the Commission.

   (b) 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 contain proposed findings of fact, conclusions of
   law, and legal analysis relevant to the claims and arguments set forth
   in the reply.

   (d) The reply shall include an information designation containing:

   (1) The name, address and position of each individual believed to have
   firsthand knowledge about the facts alleged with particularity in the
   reply, along with a description of the facts within any such
   individual's knowledge.

   (2) A description of all documents, data compilations and tangible
   things in the complainant's possession, custody, or control that are
   relevant to the facts alleged with particularity in the reply. Such
   description shall include for each document:

   (i) The date prepared, mailed, transmitted, or otherwise disseminated;

   (ii) The author, preparer, or other source;

   (iii) The recipient(s) or intended recipient(s);

   (iv) Its physical location; and

   (v) A description of its relevance to the matters in dispute.

   (3) A complete description of the manner in which the complainant
   identified all persons with information and designated all documents,
   data compilations and tangible things as being relevant to the dispute,
   including, but not limited to, identifying the individual(s) that
   conducted the information search and the criteria used to identify such
   persons, documents, data compilations, tangible things, and
   information;

   (e) The reply shall attach copies of all affidavits, documents, data
   compilations and tangible things in the complainant's possession,
   custody, or control upon which the complainant relies or intends to
   rely to support the facts alleged and legal arguments made in the
   reply.

   (f) The complainant may petition the staff, pursuant to §  1.3, for a
   waiver of any of the requirements of this section. Such waiver may be
   granted for good cause shown.

   (g) Accelerated Docket Proceedings. For the purpose of this paragraph
   (g), the term document also shall include data compilations and
   tangible things.

   (1) The filing of a separate pleading to reply to affirmative defenses
   is not permitted in Accelerated Docket proceedings. Complainants in
   such proceedings may include, in the §  1.733(i)(4)
   pre-status-conference filing, those statements that otherwise would
   have been the subject of a reply.

   (2) In Accelerated Docket proceedings, the failure to reply, in the
   pre-status-conference filing, 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.

   (3) If a complainant replies to an affirmative defense in its
   §  1.733(i)(4), pre-status-conference filing, it shall include in that
   filing the information, required by paragraph (d)(1) of this section,
   identifying individuals with firsthand knowledge of the facts alleged
   in the reply.

   (4) An Accelerated Docket complainant that replies to an affirmative
   defense in its §  1.733(i)(4), pre-status-conference filing also shall
   serve on the defendant, at the same time as that filing, those
   documents in the complainant's possession, custody or control that were
   not previously produced to the defendant and that are likely to bear
   significantly on the issues raised in the reply. Such a complainant is
   not required to comply with the remainder of the requirements in
   paragraphs (d) and (e) of this section.

   [ 63 FR 1037 , Jan. 7, 1998, as amended at  63 FR 41447 , Aug. 4, 1998;  66 FR 16617 , Mar. 27, 2001]

   return arrow Back to Top