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FCC 1.720
Revised as of October 2, 2015
Goto Year:2014 | 2016
  § 1.720   General pleading requirements.

   Formal complaint proceedings are generally resolved on a written record
   consisting of a complaint, answer, and joint statement of stipulated facts,
   disputed facts and key legal issues, along with all associated affidavits,
   exhibits and other attachments. Commission proceedings may also require or
   permit other written submissions such as briefs, written interrogatories,
   and other supplementary documents or pleadings. Those formal complaint
   proceedings handled on the Enforcement Bureau's Accelerated Docket are
   subject to pleading and procedural rules that differ in some respects from
   the general rules for formal complaint proceedings.

   (a) Pleadings must be clear, concise, and explicit. All matters concerning a
   claim, defense or requested remedy, including damages, should be pleaded
   fully and with specificity.

   (b)  Pleadings  must  contain  facts which, if true, are sufficient to
   constitute a violation of the Act or Commission order or regulation, or a
   defense to such alleged violation.

   (c) Facts must be supported by relevant documentation or affidavit.

   (d) Legal arguments must be supported by appropriate judicial, Commission,
   or statutory authority.

   (e) Opposing authorities must be distinguished.

   (f) Copies must be provided of all non-Commission authorities relied upon
   which are not routinely available in national reporting systems, such as
   unpublished decisions or slip opinions of courts or administrative agencies.

   (g) Parties are responsible for the continuing accuracy and completeness of
   all information and supporting authority furnished in a pending complaint
   proceeding. Information submitted, as well as relevant legal authorities,
   must be current and updated as necessary and in a timely manner at any time
   before a decision is rendered on the merits of the complaint.

   (h) Specific reference shall be made to any tariff provision relied on in
   support  of a claim or defense. Copies of relevant tariffs or relevant
   portions of tariffs that are referred to or relied upon in a complaint,
   answer, or other pleading shall be appended to such complaint, answer, or
   other pleading.

   (i) All statements purporting to summarize or explain Commission orders or
   policies must cite, in standard legal form, the Commission ruling upon which
   such statements are based.

   (j) Pleadings shall identify the name, address, telephone number, and email
   address for either the filing party's attorney or, where a party is not
   represented by an attorney, the filing party.

   [ 53 FR 11852 , Apr. 11, 1988, as amended at  58 FR 25572 , Apr. 27, 1993;  63 FR 1035 , Jan. 7, 1998;  63 FR 41446 , Aug. 4, 1998;  64 FR 60725 , Nov. 8, 1999;  79 FR 73845 , Dec. 12, 2014]

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Goto Section: 1.719 | 1.721

Goto Year: 2014 | 2016
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