§ 1.732   Other required written submissions.

   (a) The Commission may, in its discretion, or upon a party's motion
   showing good cause, require the parties to file briefs summarizing the
   facts and issues presented in the pleadings and other record evidence.

   (b) Unless otherwise directed by the Commission, all briefs shall
   include all legal and factual claims and defenses previously set forth
   in the complaint, answer, or any other pleading submitted in the
   proceeding. Claims and defenses previously made but not reflected in
   the briefs will be deemed abandoned. The Commission may, in its
   discretion, limit the scope of any briefs to certain subjects or
   issues. A party shall attach to its brief copies of all documents, data
   compilations, tangible things, and affidavits upon which such party
   relies or intends to rely to support the facts alleged and legal
   arguments made in its brief and such brief shall contain a full
   explanation of how each attachment is relevant to the issues and
   matters in dispute. All such attachments to a brief shall be documents,
   data compilations or tangible things, or affidavits made by persons,
   that were identified by any party in its information designations filed
   pursuant to § § 1.721(a)(10)(i), (a)(10)(ii), 1.724(f)(1), (f)(2), and
   1.726(d)(1), (d)(2). Any other supporting documentation or affidavits
   that is attached to a brief must be accompanied by a full explanation
   of the relevance of such materials and why such materials were not
   identified in the information designations. These briefs shall contain
   the proposed findings of fact and conclusions of law which the filing
   party is urging the Commission to adopt, with specific citation to the
   record, and supporting relevant authority and analysis.

   (c) In cases in which discovery is not conducted, absent an order by
   the Commission that briefs be filed, parties may not submit briefs. If
   the Commission does authorize the filing of briefs in cases in which
   discovery is not conducted, briefs shall be filed concurrently by both
   the complainant and defendant at such time as designated by the
   Commission staff and in accordance with the provisions of this section.

   (d) In cases in which discovery is conducted, briefs shall be filed
   concurrently by both the complainant and defendant at such time
   designated by the Commission staff.

   (e) Briefs containing information which is claimed by an opposing or
   third party to be proprietary under § 1.731 shall be submitted to the
   Commission in confidence pursuant to the requirements of § 0.459 of
   this chapter and clearly marked "Not for Public Inspection." An edited
   version removing all proprietary data shall also be filed with the
   Commission for inclusion in the public file. Edited versions shall be
   filed within five days from the date the unedited brief is submitted,
   and served on opposing parties.

   (f) Initial briefs shall be no longer than twenty-five pages. Reply
   briefs shall be no longer than ten pages. Either on its own motion or
   upon proper motion by a party, the Commission staff may establish other
   page limits for briefs.

   (g) The Commission may require the parties to submit any additional
   information it deems appropriate for a full, fair, and expeditious
   resolution of the proceeding, including affidavits and exhibits.

   (h) The parties shall submit a joint statement of stipulated facts,
   disputed facts, and key legal issues no later than two business days
   prior to the initial status conference, scheduled in accordance with
   the provisions of § 1.733(a).

   [ 53 FR 11855 , Apr. 11, 1988. Redesignated and amended at  58 FR 25573 ,
   Apr. 27, 1993;  63 FR 1039 , Jan. 7, 1998]

   return arrow Back to Top