Goto Section: 1.723 | 1.725 | Table of Contents
FCC 1.724
Revised as of
Goto Year:1996 |
1998
Sec. 1.724 Answers.
(a) Any carrier upon which a copy of a formal complaint,
supplemental complaint, amended complaint, or cross complaint is served
under this subpart shall answer within 30 days of service of the
pleading to which the answer is made, unless otherwise directed by the
Commission.
(b) The answer shall advise the parties and the Commission fully and
completely of the nature of any defense, and shall respond specifically
to all material allegations of the complaint. Collateral or immaterial
issues shall be avoided in answers and every effort should be made to
narrow the issues. Any party failing to file and serve an answer within
the time and in the manner prescribed by these rules may be deemed in
default and an order may be entered against defendant in accordance with
the allegations contained in the complaint.
(c) A party shall state concisely its defenses to each claim
asserted and shall admit or deny the averments on which the adverse
party relies. If the party is without knowledge or information
sufficient to form a belief as to the truth of an averment, the party
shall so state and this has the effect of a denial. When a pleader
intends in good faith to deny only part of an averment, the pleader
shall specify so much of it as is true and shall deny only the
remainder. The pleader may make its denials as specific denials of
designated averments or paragraphs, or may generally deny all the
averments except such designated averments or paragraphs as the pleader
expressly admits. When the pleader intends to controvert
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all averments, the pleader may do so by general denial.
(d) Averments in a pleading to which a responsive pleading is
required, other than those as to the amount of damages, are deemed to be
admitted when not denied in this responsive pleading.
(e) Affirmative defenses to allegations contained in the complaint
shall be specifically captioned as such and presented separately from
any denials made in accordance with paragraph (c) of this section.
[ 53 FR 11853 , Apr. 11, 1988, as amended at 58 FR 25572 , Apr. 27, 1993]
Goto Section: 1.723 | 1.725
Goto Year: 1996 |
1998
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