§ 1.726   Replies.

   (a) Subject to paragraph (g) of this section governing Accelerated Docket
   proceedings,  within  three days after service of an answer containing
   affirmative  defenses presented in accordance with the requirements of
   § 1.724(e), 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, for a waiver
   of any of the requirements of this section. Such waiver may be granted for
   good cause shown.

   (g) Accelerated Docket Proceedings. For the purpose of this paragraph (g),
   the term document also shall include data compilations and tangible things.

   (1) The filing of a separate pleading to reply to affirmative defenses is
   not  permitted in Accelerated Docket proceedings. Complainants in such
   proceedings may include, in the § 1.733(i)(4) pre-status-conference filing,
   those statements that otherwise would have been the subject of a reply.

   (2)  In  Accelerated  Docket proceedings, the failure to reply, in the
   pre-status-conference filing, 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.

   (3) If a complainant replies to an affirmative defense in its § 1.733(i)(4),
   pre-status-conference  filing,  it  shall  include  in that filing the
   information, required by paragraph (d)(1) of this section, identifying
   individuals with firsthand knowledge of the facts alleged in the reply.

   (4) An Accelerated Docket complainant that replies to an affirmative defense
   in its § 1.733(i)(4), pre-status-conference filing also shall serve on the
   defendant,  at  the  same  time as that filing, those documents in the
   complainant's  possession, custody or control that were not previously
   produced to the defendant and that are likely to bear significantly on the
   issues raised in the reply. Such a complainant is not required to comply
   with the remainder of the requirements in paragraphs (d) and (e) of this
   section.

   [ 63 FR 1037 , Jan. 7, 1998, as amended at  63 FR 41447 , Aug. 4, 1998;  66 FR 16617 , Mar. 27, 2001]

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