45 IAC 16-1.5-4 - Pleadings; general requirements

Authority: IC 8-2.1-18-6

Affected: IC 8-2.1-18

Sec. 4.

(a) All pleadings filed with the commission shall be signed either by an attorney eligible to practice before the commission or by each person joining therein in the manner following: by the person, if an individual; by a partner, if a partnership; by a corporate officer, if a corporation; if a municipal corporation, by an officer duly authorized to sign such pleading; and by a bona fide general officer, if an unincorporated association. In the case of a corporation having its principal office outside the state of Indiana, pleadings may be signed by an employee serving as managing agent of the corporation's Indiana operations.
(b) Petitions and complaints may be amended or supplemented only upon written or oral motion seeking leave of the presiding officer. Leave shall be granted upon a showing that little or no prejudice will result to any other party to the proceeding. Other pleadings may be amended, or supplemented so as to set forth matters occurring since filing upon such terms as the presiding officer deems proper.
(c) Except as required by law or otherwise provided herein, pleadings need not be verified. The signature of the party, if an individual, or by a duly authorized representative, if the party is an entity, or by the attorney for the party shall constitute a certificate that he has read the pleading that to the best of his knowledge, information and belief, that there is good ground to support it; and that it is not interposed solely for delay. Where a pleading, motion, supporting affidavit or other document of any kind is required to be verified, or where an oath is required to be taken, it shall be sufficient if a representative of the party and not the attorney simply affirms the truth of the matter to be verified. The party's affirmation shall be in the following language:

"I (we) affirm under penalties for perjury that the foregoing representation(s) is (are) true.

(Signed)___________________________________________________________________________________________"

(d) Any individual who knowingly falsified an affirmation or representation of fact shall be subject to the same penalties as are prescribed by law for perjury, pursuant to IC 35-44-2-1[IC 35-44 was repealed by P.L. 126-2012, SECTION 53, effective July 1, 2012.].

Notes

45 IAC 16-1.5-4
Department of State Revenue; 45 IAC 16-1.5-4; filed Oct 21, 1986, 10:37 am: 10 IR 383

Transferred from the Indiana Utility Regulatory Commission ( 170 IAC 1-1.2-4 ) to the Department of State Revenue ( 45 IAC 16-1.5-4 ) by P.L. 72-1988, SECTION 12, effective July 1, 1988.

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