RULE 223. OTHER PLEADINGS
- (a) Answer:
- (1) Time To Answer or Move: The Commissioner shall have 30
days from the date of service of the petition within which to file
an answer or move with respect to the petition, or, in an action
for additional disclosure, to file an election not to defend
pursuant to Code section 6110(f)(4)(B), in which event the
Commissioner shall be relieved of the obligation of filing an
answer or any subsequent pleading. With respect to intervention
when the Commissioner elects not to defend, see Rule 225.
- (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 in the petition. If the Commissioner shall be
without knowledge or information sufficient to form a belief as to
the truth of an allegation, then the Commissioner shall so state,
and such statement shall have the effect of a denial. If the
Commissioner intends to qualify 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) 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 may file a reply or move with
respect to the answer within 20 days from the date of service of
the answer. 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 denied.
Any new material contained in the reply shall be deemed denied.
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