§  1.735   Copies; service; separate filings against multiple defendants.

   (a) Complaints may generally be brought against only one named carrier;
   such actions may not be brought against multiple defendants unless the
   defendant carriers are commonly owned or controlled, are alleged to
   have acted in concert, are alleged to be jointly liable to complainant,
   or the complaint concerns common questions of law or fact. Complaints
   may, however, be consolidated by the Commission for disposition.

   (b) The complainant shall file an original copy of the complaint,
   accompanied by the correct fee, in accordance with part 1, subpart G
   (see §  1.1106) and, on the same day:

   (1) File three copies of the complaint with the Office of the
   Commission Secretary;

   (2) Serve two copies on the Market Disputes Resolution Division,
   Enforcement Bureau;

   (3) If the complaint is filed against a carrier concerning matters
   within the responsibility of the International Bureau (see §  0.261 of
   this chapter), serve a copy on the Chief, Policy Division,
   International Bureau; and

   (4) If a complaint is addressed against multiple defendants, pay a
   separate fee, in accordance with part 1, subpart G (see §  1.1106), and
   file three copies of the complaint with the Office of the Commission
   Secretary for each additional defendant.

   (c) Generally, a separate file is set up for each defendant. An
   original plus two copies shall be filed of all pleadings and documents,
   other than the complaint, for each file number assigned.

   (d) The complainant shall serve the complaint by hand delivery on
   either the named defendant or one of the named defendant's registered
   agents for service of process on the same date that the complaint is
   filed with the Commission in accordance with the requirements of
   paragraph (b) of this section.

   (e) Upon receipt of the complaint by the Commission, the Commission
   shall promptly send, by facsimile transmission to each defendant named
   in the complaint, notice of the filing of the complaint. The Commission
   shall send, by regular U.S. mail delivery, to each defendant named in
   the complaint, a copy of the complaint. The Commission shall
   additionally send, by regular U.S. mail to all parties, a schedule
   detailing the date the answer will be due and the date, time and
   location of the initial status conference.

   (f) All subsequent pleadings and briefs filed in any formal complaint
   proceeding, as well as all letters, documents or other written
   submissions, shall be served by the filing party on the attorney of
   record for each party to the proceeding, or, where a party is not
   represented by an attorney, each party to the proceeding either by hand
   delivery, overnight delivery, or by facsimile transmission followed by
   regular U.S. mail delivery, together with a proof of such service in
   accordance with the requirements of §  1.47(g). Service is deemed
   effective as follows:

   (1) Service by hand delivery that is delivered to the office of the
   recipient by 5:30 pm, local time of the recipient, on a business day
   will be deemed served that day. Service by hand delivery that is
   delivered to the office of the recipient after 5:30 pm, local time of
   the recipient, on a business day will be deemed served on the following
   business day;

   (2) Service by overnight delivery will be deemed served the business
   day following the day it is accepted for overnight delivery by a
   reputable overnight delivery service such as, or comparable to, the US
   Postal Service Express Mail, United Parcel Service or Federal Express;
   or

   (3) Service by facsimile transmission that is fully transmitted to the
   office of the recipient by 5:30 pm, local time of the recipient, on a
   business day will be deemed served that day. Service by facsimile
   transmission that is fully transmitted to the office of the recipient
   after 5:30 pm, local time of the recipient, on a business day will be
   deemed served on the following business day.

   (g) Supplemental complaint proceedings. Supplemental complaints filed
   pursuant to section 1.722 shall conform to the requirements set out in
   this section, except that the complainant need not submit a filing fee,
   and the complainant may effect service pursuant to paragraph (f) of
   this section rather than paragraph (d) of this section numerals.

   [ 53 FR 11855 , Apr. 11, 1988. Redesignated and amended at  58 FR 25573 ,
   25574, Apr. 27, 1993, as amended at  63 FR 1040 , Jan. 7, 1998;  64 FR 60726 , Nov. 8, 1999;  66 FR 16617 , Mar. 27, 2001;  67 FR 13223 , Mar. 21,
   2002;  69 FR 41130 , July 7, 2004]

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