Goto Section: 1.719 | 1.721 | Table of Contents
Revised as of October 1, 2010
Goto Year:2009 |
§ 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such as unpublished decisions or slip opinions of courts or
(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
facsimile transmission number 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.
Goto Section: 1.719 | 1.721
Goto Year: 2009 |
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