Goto Section: 14.37 | 14.39 | Table of Contents

FCC 14.38
Revised as of October 2, 2015
Goto Year:2014 | 2016
  § 14.38   Formal Complaints; 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.

   (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   unpublished decisions or slip opinions of courts or administrative agencies.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) 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.

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

   return arrow Back to Top


Goto Section: 14.37 | 14.39

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