Section 170 IAC 1-1.1-8 - Pleadings; general requirementsAuthority: IC 8-1-1-3; IC 8-1-2-47
Affected: IC 8-1-1-5; IC 8-1-1.1-5.1; IC 35-44.1-2-1
Sec. 8.
(a) An attorney eligible to practice before the commission shall sign, or provide a signature equivalent in the electronic filing system, pleadings filed with the commission or as otherwise required by statute or as follows: (1) By the person, if an individual.(2) By a partner, if a partnership.(3) By a corporate officer or, if officers have not been selected, by an incorporator, if a corporation.(4) By a duly authorized official, if a municipal corporation.(5) By a bona fide general officer, if an unincorporated association.(b) Petitions and complaints may be amended or supplemented upon written or oral motion. Leave to amend a petition or complaint shall be freely granted upon failure of another party to the proceeding to demonstrate undue prejudice. If the amended or supplemented petition or complaint seeks relief substantially different than that originally prayed for:(1) the caption of the petition or complaint shall be revised to accurately describe the relief being sought; and(2) republication or renotification of a previously noticed hearing may be required by the commission.(c) A party may amend his or her pleading once as a matter of course before a responsive pleading is served, or, if the pleading is one to which no responsive pleading is permitted and the cause has not been set for an evidentiary hearing, he or she may amend it within thirty (30) days after it is served. Otherwise, a party may amend his or her pleading only by leave of the presiding officer or by written consent of the adverse party, and leave shall be given when justice requires. A party shall plead in response to an amended pleading within: (1) the time remaining for response to the original pleading; or(2) twenty (20) days after service of the amended pleading; whichever period may be longer, unless the presiding officer otherwise orders.(d) The signature, or signature equivalent in the electronic filing system, of the party, if an individual, or of a duly authorized representative, if the party is an entity, or of the attorney for the party constitutes a certificate that:(1) the signatory has read the pleading;(2) to the best of the signatory's knowledge, information, and belief, there is a good ground to support the pleading; and(3) the pleading is not interposed solely for delay. If a pleading or other document is not signed, or a signature equivalent is not provided in the electronic filing system, as required in this subsection, the pleading may be stricken and the action may proceed as though the pleading had not been served. Except as required by law, pleadings or motions need not be verified. Where a pleading or other document is required to be verified, or where an oath is required to be taken, it is sufficient if the subscriber simply affirms the truth of the matter to be verified by an affirmation or representation in substantially the following language: "I (we) affirm under penalties for perjury that the foregoing representation(s) is (are) true to the best of my (our) knowledge, information, and belief.
Signed _________________________________
Date ___________________________________ ".
(e) An individual who knowingly falsifies an affirmation or representation of fact is subject to the same penalties as prescribed by law for perjury under IC 35-44.1-2-1.(f) A pleading of a party represented by an attorney must:(1) be signed by at least one (1) attorney of record; and(2) include the attorney's:(E) attorney number. This subsection does not apply to pleadings and motions made orally and transcribed as a result of a hearing.
Indiana Utility Regulatory Commission; 170 IAC 1-1.1-8; filed Oct 30, 2000, 2:10 p.m.: 24 IR 656; readopted filed Apr 6, 2006, 11:00 a.m.: 29 IR 2670; filed May 21, 2008, 9:29 a.m.: 20080618-IR-170070514FRA; readopted filed Jun 14, 2012, 3:04 p.m.: 20120711-IR-170120199RFAReadopted filed 4/12/2018, 11:21 a.m.: 20180509-IR-170180113RFAFiled 6/10/2020, 7:38 a.m.: 20200708-IR-170190378FRA