Goto Section: 1.718 | 1.721 | Table of Contents

FCC 1.720
Revised as of
Goto Year:1996 | 1998
Sec. 1.720  General pleading requirements.

    Formal complaint proceedings are generally resolved on a written 
record consisting of a complaint, answer and reply but may also include 
other written submissions such as briefs and written interrogatories. 
All written submissions, both substantive and procedural, must conform 
to the following standards:
    (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such as unpublished decisions or slip opinions of courts or 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 must be made to any tariff provision relied 
on in support of a claim or defense. Parties are encouraged to provide 
copies of the tariff or relevant portions thereof.
    (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.
[ 53 FR 11852 , Apr. 11, 1988, as amended at  58 FR 25572 , Apr. 27, 1993]


Goto Section: 1.718 | 1.721

Goto Year: 1996 | 1998
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