RULE 213. OTHER PLEADINGS
- (a) Answer.
- (1) Time to Answer or Move:. The Commissioner shall have 60
days from the date of service of the petition within which to file
an answer, or 45 days from that date within which to move with
respect to the petition. With respect to an amended petition or
amendments to the petition, the Commissioner shall have like time
periods from the date of service of those papers within which to
answer or move in response thereto, except as the Court may
otherwise direct.
- (2) Form and Content:. The answer shall be drawn so that it
will advise the petitioner and the Court fully of the nature of the
defense. It shall contain a specific admission or denial of each
material allegation of the petition. If the Commissioner shall be
without knowledge or information sufficient to form a belief as to
the truth of an allegation as to jurisdictional facts or as to
inferences or conclusions that may be drawn from materials in the
administrative record or as to facts involved in a revocation, then
the Commissioner may so state, and such statement shall have the
effect of a denial. Facts other than jurisdictional facts, and
other than facts involved in a revocation or in a governmental
obligation action, may be admitted only for purposes of the pending
action for declaratory judgment. If the Commissioner intends to
clarify or to deny only a part of an allegation, then the
Commissioner shall specify so much of it as is true and shall
qualify or deny only the remainder. In addition, the answer shall
contain a clear and concise statement of every ground, together
with the facts in support thereof, on which the Commissioner relies
and has the burden of proof. Paragraphs of the answer shall be
designated to correspond to those of the petition to which they
relate.
- (3) Index to Administrative Record: In addition, the answer
shall contain an affirmative allegation that attached thereto is a
complete index of the contents of the administrative record to be
filed with the Court. See Rule 217(b).
There shall be attached to the answer such complete index.
- (4) Effect of Answer: Every material allegation set out in
the petition and not expressly admitted or denied in the answer shall be deemed to be admitted.
- (b) Reply: Each petitioner shall file a reply in every
action for declaratory judgment.
- (1) Time to Reply or Move: The petitioner shall have 60 days
from the date of service of the answer within which to file a
reply, or 30 days from that date within which to move with respect
to the answer. With respect to an amended answer or amendments to
the answer, the petitioner shall have like periods from the date of
service of those papers within which to reply or move in response
thereto, except as the Court may otherwise direct.
- (2) Form and Content: In response to each material
allegation in the answer and the facts in support thereof on which
the Commissioner has the burden of proof, the reply shall contain
a specific admission or denial; however, if the petitioner shall be
without knowledge or information sufficient to form a belief as to
the truth of an allegation, then the petitioner shall so state, and
such statement shall have the effect of a denial. If the petitioner
denies the affirmative allegation in the answer that a complete
index of the contents of the administrative record is attached to
the answer, then the petitioner shall specify the reasons for such
denial. In addition, the reply shall contain a clear and concise
statement of every ground, together with the facts in support
thereof, on which the petitioner relies affirmatively or in
avoidance of any matter in the answer on which the Commissioner has
the burden of proof. In other respects, the requirements of
pleading applicable to the answer provided in paragraph (a)(2) of
this Rule shall apply to the reply. The paragraphs of the reply
shall be designated to correspond to those of the answer to which
they relate.
- (3) Effect of Reply or Failure Tthereof: Where a reply is
filed, every affirmative allegation set out in the answer and not
expressly admitted or denied in the reply shall be deemed to be
admitted. Where a reply is not filed, the affirmative allegations
in the answer will be deemed admitted.
- (4) New Material: Any new material contained in the reply
shall be deemed to be denied.
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