Goto Section: 76.5 | 76.7 | Table of Contents

FCC 76.6
Revised as of October 1, 2006
Goto Year:2005 | 2007
Sec.  76.6   General pleading requirements.

   (a) General pleading requirements. All written submissions, both substantive
   and procedural, must conform to the following standards:

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

   (2) Pleadings must contain facts which, if true, are sufficient to warrant a
   grant of the relief requested.

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

   (4) The original of all pleadings and submissions by any party shall be
   signed by that party, or by the party's attorney. Complaints must be signed
   by the complainant. The signing party shall state his or her address and
   telephone number and the date on which the document was signed. Copies
   should be conformed to the original. Each submission must contain a written
   verification that the signatory has read the submission and to the best of
   his  or  her knowledge, information and belief formed after reasonable
   inquiry, it is well grounded in fact and is warranted by existing law or a
   good faith argument for the extension, modification or reversal of existing
   law; and that it is not interposed for any improper purpose. If any pleading
   or other submission is signed in violation of this provision, the Commission
   shall upon motion or upon its own initiative impose appropriate sanctions.

   (5) Legal arguments must be supported by appropriate judicial, Commission,
   or statutory authority. Opposing authorities must be distinguished. 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   routinely available in national reporting systems, such as unpublished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.

   (6) 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.

   (b) Copies to be Filed. Unless otherwise directed by specific regulation or
   the Commission, an original and two (2) copies of all pleadings shall be
   filed in accordance with  Sec. 0.401(a) of this chapter, except that petitions
   requiring fees as set forth at part 1, subpart G of this chapter must be
   filed in accordance with  Sec. 0.401(b) of this chapter.

   (c)  Frivolous pleadings. It shall be unlawful for any party to file a
   frivolous pleading with the Commission. Any violation of this paragraph
   shall constitute an abuse of process subject to appropriate sanctions.

   [ 64 FR 6569 , Feb. 10, 1999]


Goto Section: 76.5 | 76.7

Goto Year: 2005 | 2007
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