§  8.13   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 that, 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   reporting systems, such as unpublished decisions or slip opinions of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.

   (7) Parties seeking expedited resolution of their complaint may request
   acceptance on the Enforcement Bureau's Accelerated Docket pursuant to
   the procedures at §  1.730 of this chapter.

   (b) Copies to be Filed. 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 of this chapter) 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) Serve the complaint by hand delivery on either the named defendant
   or one of the named defendant's registered agents for service of
   process, if available, on the same date that the complaint is filed
   with the Commission.

   (c) Prefiling notice required. Any person intending to file a complaint
   under this section must first notify the potential defendant in writing
   that it intends to file a complaint with the Commission based on
   actions alleged to violate one or more of the provisions contained in
   this part. The notice must be sufficiently detailed so that its
   recipient(s) can determine the specific nature of the potential
   complaint. The potential complainant must allow a minimum of ten (10)
   days for the potential defendant(s) to respond before filing a
   complaint with the Commission.

   (d) 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.

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