§ 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;
   and

   (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]

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