[Code of Federal Regulations]
[Title 37, Volume 1]
[Revised as of July 1, 2002]
From the U.S. Government Printing Office via GPO Access
[CITE: 37CFR251.44]

[Page 561-562]
 
              TITLE 37--PATENTS, TRADEMARKS, AND COPYRIGHTS
 
                                CONGRESS
 
PART 251--COPYRIGHT ARBITRATION ROYALTY PANEL RULES OF PROCEDURE--Table of Contents
 
      Subpart E--Procedures of Copyright Arbitration Royalty Panels
 
Sec. 251.44  Filing and service of written cases and pleadings.

    (a) Filing of pleadings. In a royalty fee distribution proceeding or 
in a rate adjustment proceeding, the submitting party shall deliver an 
original and five copies of all filings to the Copyright Office at the 
address listed in Sec. 251.1, unless otherwise instructed by the 
Librarian of Congress or the CARP. The Copyright Office will make 
further distribution to the CARP, as necessary. In no case shall a party 
tender any written case or pleading by facsimile transmission.
    (b) Exhibits. All exhibits must be included with a party's case; 
however, in the case of exhibits whose bulk or whose cost of 
reproduction would unnecessarily encumber the record or burden the 
party, the Librarian of Congress or the CARP may reduce the number of 
required copies. Nevertheless, a complete copy must still be submitted 
to the Copyright Office.
    (c) English language translations. In all filings with a CARP or the 
Librarian of Congress, each submission that

[[Page 562]]

is in a language other than English shall be accompanied by an English-
language translation, duly verified under oath to be a true translation. 
Any other party to the proceeding may, in response, submit its own 
English-language translation, similarly verified.
    (d) Affidavits. The testimony of each witness in a party's written 
case, direct or rebuttal, shall be accompanied by an affidavit or a 
declaration made pursuant to 28 U.S.C. 1746 supporting the testimony.
    (e) Subscription and verification. (1) The original of all documents 
filed by any party represented by counsel shall be signed by at least 
one attorney of record and shall list the attorney's address and 
telephone number. All copies shall be conformed. Except for English-
language translations, written cases, or when otherwise required, 
documents signed by the attorney for a party need not be verified or 
accompanied by an affidavit. The signature of an attorney constitutes 
certification that to the best of his or her knowledge and belief there 
is good ground to support the document, and that it has not been 
interposed for purposes of delay.
    (2) The original of all documents filed by a party not represented 
by counsel shall be signed by that party and list that party's address 
and telephone number.
    (3) The original of a document that is not signed, or is signed with 
the intent to defeat the purpose of this section, may be stricken as 
sham and false, and the matter shall proceed as though the document had 
not been filed.
    (f) Service. The Librarian of Congress shall compile and distribute 
to those parties who have filed a notice of intent to participate, the 
official service list of the proceeding, which shall be composed of the 
names and addresses of the representatives of all the parties to the 
proceeding. In all filings, a copy shall be served upon counsel of all 
other parties identified in the service list, or, if the party is 
unrepresented by counsel, upon the party itself. Proof of service shall 
accompany the filing. Parties shall notify the Librarian of any change 
in the name or address to which service shall be made, and shall serve a 
copy of such notification on all parties and the CARP.
    (g) Oppositions and replies. Except as otherwise provided in this 
part or by the Librarian of Congress or a CARP, oppositions to motions 
shall be filed within seven business days of the filing of the motion, 
and replies to oppositions shall be filed within five business days of 
the filing of the opposition. Each party must serve all motions, 
petitions, objections, oppositions, and replies on the other parties or 
their counsel by means no slower than overnight express mail on the same 
day the pleading is filed.

[59 FR 23981, May 9, 1994, as amended at 60 FR 8197, Feb. 13, 1995; 61 
FR 63717, Dec. 2, 1996; 65 FR 39820, June 28, 2000]