Goto Section: 14.43 | 14.45 | Table of Contents
FCC 14.44
Revised as of October 2, 2015
Goto Year:2014 |
2016
§ 14.44 Replies.
(a) Within three days after service of an answer containing affirmative
defenses presented in accordance with the requirements of § 14.42(e) of this
subpart, a complainant may file and serve a reply containing statements of
relevant, material facts and legal arguments that shall be responsive to
only those specific factual allegations and legal arguments made by the
defendant in support of its affirmative defenses. Replies which contain
other allegations or arguments will not be accepted or considered by the
Commission.
(b) Failure to reply to an affirmative defense shall be deemed an admission
of such affirmative defense and of any facts supporting such affirmative
defense that are not specifically contradicted in the complaint.
(c) The reply shall contain proposed findings of fact, conclusions of law,
and legal analysis relevant to the claims and arguments set forth in the
reply.
(d) The reply shall include an information designation containing:
(1) The name, address and position of each individual believed to have
firsthand knowledge about the facts alleged with particularity in the reply,
along with a description of the facts within any such individual's
knowledge.
(2) A description of all documents, data compilations and tangible things in
the complainant's possession, custody, or control that are relevant to the
facts alleged with particularity in the reply. Such description shall
include for each document:
(i) The date prepared, mailed, transmitted, or otherwise disseminated;
(ii) The author, preparer, or other source;
(iii) The recipient(s) or intended recipient(s);
(iv) Its physical location; and
(v) A description of its relevance to the matters in dispute.
(3) A complete description of the manner in which the complainant identified
all persons with information and designated all documents, data compilations
and tangible things as being relevant to the dispute, including, but not
limited to, identifying the individual(s) that conducted the information
search and the criteria used to identify such persons, documents, data
compilations, tangible things, and information;
(e) The reply shall attach copies of all affidavits, documents, data
compilations and tangible things in the complainant's possession, custody,
or control upon which the complainant relies or intends to rely to support
the facts alleged and legal arguments made in the reply.
(f) The complainant may petition the staff, pursuant to § 1.3 of this
chapter, for a waiver of any of the requirements of this section. Such
waiver may be granted for good cause shown.
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Goto Section: 14.43 | 14.45
Goto Year: 2014 |
2016
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