Goto Section: 1.731 | 1.733 | Table of Contents
FCC 1.732
Revised as of October 2, 2015
Goto Year:2014 |
2016
§ 1.732 Other required written submissions.
(a) The Commission may, in its discretion, or upon a party's motion showing
good cause, require the parties to file briefs summarizing the facts and
issues presented in the pleadings and other record evidence.
(b) Unless otherwise directed by the Commission, all briefs shall include
all legal and factual claims and defenses previously set forth in the
complaint, answer, or any other pleading submitted in the proceeding. Claims
and defenses previously made but not reflected in the briefs will be deemed
abandoned. The Commission may, in its discretion, limit the scope of any
briefs to certain subjects or issues. A party shall attach to its brief
copies of all documents, data compilations, tangible things, and affidavits
upon which such party relies or intends to rely to support the facts alleged
and legal arguments made in its brief and such brief shall contain a full
explanation of how each attachment is relevant to the issues and matters in
dispute. All such attachments to a brief shall be documents, data
compilations or tangible things, or affidavits made by persons, that were
identified by any party in its information designations filed pursuant to
§ § 1.721(a)(10)(i), (a)(10)(ii), 1.724(f)(1), (f)(2), and 1.726(d)(1),
(d)(2). Any other supporting documentation or affidavits that is attached to
a brief must be accompanied by a full explanation of the relevance of such
materials and why such materials were not identified in the information
designations. These briefs shall contain the proposed findings of fact and
conclusions of law which the filing party is urging the Commission to adopt,
with specific citation to the record, and supporting relevant authority and
analysis.
(c) In cases in which discovery is not conducted, absent an order by the
Commission that briefs be filed, parties may not submit briefs. If the
Commission does authorize the filing of briefs in cases in which discovery
is not conducted, briefs shall be filed concurrently by both the complainant
and defendant at such time as designated by the Commission staff and in
accordance with the provisions of this section.
(d) In cases in which discovery is conducted, briefs shall be filed
concurrently by both the complainant and defendant at such time designated
by the Commission staff.
(e) Initial briefs shall be no longer than twenty-five pages. Reply briefs
shall be no longer than ten pages. Either on its own motion or upon proper
motion by a party, the Commission staff may establish other page limits for
briefs.
(f) The Commission may require the parties to submit any additional
information it deems appropriate for a full, fair, and expeditious
resolution of the proceeding, including affidavits and exhibits.
(g) The parties shall submit a joint statement of stipulated facts, disputed
facts, and key legal issues no later than two business days prior to the
initial status conference, scheduled in accordance with the provisions of
§ 1.733(a).
[ 53 FR 11855 , Apr. 11, 1988. Redesignated and amended at 58 FR 25573 , Apr.
27, 1993; 63 FR 1039 , Jan. 7, 1998; 79 FR 73846 , Dec. 12, 2014]
return arrow Back to Top
Goto Section: 1.731 | 1.733
Goto Year: 2014 |
2016
CiteFind - See documents on FCC website that
cite this rule
Want to support this service?
Thanks!
Report errors in
this rule. Since these rules are converted to HTML by machine, it's possible errors have been made. Please
help us improve these rules by clicking the Report FCC Rule Errors link to report an error.
hallikainen.com
Helping make public information public