Current through September 2, 2024
Section 31.01.01.057 - ANSWERS - DEFINED - FORM AND CONTENTS - TIME FOR FILING01.Answers Defined. All pleadings responding to the allegations or requests of applications, complaints, petitions or motions are called "answers." All pleadings responding to the allegations or prayers of complaints, petitions or motions are called "answers."02.Answers to Complaints or Petitions. Answers to complaints or petitions must be filed with the Commission and served on all parties of record within twenty-one (21) days after service of the complaint or petition, unless the Commission modifies the time within which answer may be made or a motion to dismiss is made within twenty-one (21) days.a. Answers to complaints or petitions must admit or deny each material allegation of the complaint or petition. Any material allegation not specifically admitted shall be deemed denied. Matters alleged by cross-complaint or affirmative defense must be separately stated and numbered.b. A party that fails to answer a complaint or petition within the prescribed time will be treated as generally denying the allegations of the complaint or petition and will be precluded, except for good cause shown, from setting up any affirmative defense in the proceeding. In these cases, the Commission may proceed with the matter solely upon the issues set forth in the complaint or petition. The complainant or petitioner must offer evidence of its allegations regardless of whether the complaint or petition is answered or denied.03.Answers to Motions. Answers to motions may be filed by persons or parties who are the object of a motion or by parties opposing a motion. The person or party answering the motion should do so with all deliberate and reasonable speed. In no event is a party entitled to more than fourteen (14) days after a motion is served to answer a motion or to file a motion for additional time to answer. The Commission may act upon a motion under Rule 256.Idaho Admin. Code r. 31.01.01.057