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 must file an original plus three copies of the
complaint, accompanied by the correct fee, in accordance with subpart G
of this part. See 47 CFR 1.1105(1)(c). However, if a complaint is
addressed against multiple defendants, complainant shall pay separate
fee and supply three additional copies of the complaint 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 Commission will serve a copy of any formal complaint filed
with it on the named defendant, together with a notice of the filing of
the complaint. Such notice shall call upon the defendant to satisfy the
complaint or to answer the complaint in writing within the time
specified in the notice.
(e) All subsequent pleadings and briefs filed in any formal
complaint proceeding, including any supplemental, amended, or cross
complaint, as well as all letters, documents or other written
submissions, shall be served by the filing party on all other parties to
the proceeding, together with a proof of such service in accordance with
the requirements of Sec. 1.47.
(f) The parties to any complaint proceeding may be required to file
additional copies of any or all papers filed in the proceeding.
[ 53 FR 11855 , Apr. 11, 1988. Redesignated and amended at 58 FR 25573 ,
25574, Apr. 27, 1993]
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