§ 14.44   Replies.

   Link to an amendment published at  83 FR 44843 , September 4, 2018.

   (a) Within three days after service of an answer containing affirmative
   defenses presented in accordance with the requirements of § 14.42(e) of
   this subpart, 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 of this
   chapter, for a waiver of any of the requirements of this section. Such
   waiver may be granted for good cause shown.

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