[Code of Federal Regulations]
[Title 28, Volume 2]
[Revised as of July 1, 2003]
From the U.S. Government Printing Office via GPO Access
[CITE: 28CFR76.9]

[Page 320]
 
                    TITLE 28--JUDICIAL ADMINISTRATION
 
              CHAPTER I--DEPARTMENT OF JUSTICE (Continued)
 
PART 76--RULES OF PROCEDURE FOR ASSESSMENT OF CIVIL PENALTIES FOR POSSESSION OF CERTAIN CONTROLLED SUBSTANCES--Table of Contents
 
Sec. 76.9  Responsive pleading--answer.

    (a) Time for answer. A respondent shall file and serve on the United 
States Attorney having jurisdiction over the matter an answer within 
thirty (30) days after the service of a complaint.
    (b) Default. Failure of the respondent to file and serve an answer 
within the time provided shall be deemed to constitute a waiver of his 
or her right to appear and contest the allegations of the complaint. In 
such cases, the Judge may enter a judgment by default.
    (c) Answer. Any respondent contesting any material fact alleged in a 
complaint, or contending that he or she is entitled to judgment as a 
matter of law, shall file an answer in writing.
    (1) The answer shall include a statement of the facts supporting 
each affirmative defense.
    (2) The answer shall include a statement that the respondent admits, 
denies, does not have and is unable to obtain sufficient information to 
admit or deny each allegation, or that an answer to the allegation is 
protected by a privilege, including the privilege against self-
incrimination.
    (3) A statement of lack of information or a statement that the 
answer to the allegation is privileged shall have the effect of a 
denial.
    (4) Any allegation not denied shall be deemed to be admitted.
    (d) Reply. A complainant may file a reply responding to each 
affirmative defense arrested if the Judge, pursuant to 28 CFR 76.10, so 
provides.
    (e) Amendments and supplemental pleadings. If it will facilitate 
resolution of the controversy, the Judge may, upon such conditions as 
are necessary to avoid prejudicing the public interest and the rights of 
the parties, allow appropriate amendments to complaints and other 
pleadings at any time prior to the issuance of the Judge's order based 
on the complaint. When issues not raised by the pleadings are reasonably 
within the scope of the original complaint and are tried by express or 
implied consent of the parties, they shall be treated in all respects as 
if they had been raised in the pleadings, and such amendments may be 
made as necessary to make the pleadings conform to the evidence. The 
Judge may, upon reasonable notice and such terms as are just, permit 
supplemental pleadings setting forth transactions, occurrences, or 
events which have happened or new law promulgated since the date of the 
pleadings and which are relevant to any of the issues involved.