[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: 37CFR251.47]

[Page 564-565]
 
              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. 251.47  Conduct of hearings: Witnesses and counsel.

    (a) With all due regard for the convenience of the witnesses, 
proceedings shall be conducted as expeditiously as possible.
    (b) In each distribution or rate adjustment proceeding, each party 
may present its opening statement with the presentation of its direct 
case.
    (c) All witnesses shall be required to take an oath or affirmation 
before testifying; however, attorneys who do not appear as witnesses 
shall not be required to do so.
    (d) Witnesses shall first be examined by their attorney and by 
opposing attorneys for their competency to support their written 
testimony and exhibits (voir dire).
    (e) Witnesses may then summarize, highlight or read their testimony. 
However, witnesses may not materially supplement or alter their written 
testimony except to correct it, unless the CARP expands the witness's 
testimony to complete the record.
    (f) Parties are entitled to raise objections to evidence on any 
proper ground during the course of the hearing, including an objection 
that an opposing party has not furnished nonprivileged underlying 
documents. However, they may not raise objections that were apparent 
from the face of a written case and could have been raised before the 
hearing without leave from the CARP. See Sec. 251.45(c).
    (g) All written testimony and exhibits will be received into the 
record, except any to which the panel sustains an objection; no separate 
motion will be required.
    (h) If the panel rejects or excludes testimony and an offer of proof 
is made, the offer of proof shall consist of a statement of the 
substance of the evidence which it is contended would have been adduced. 
In the case of documentary or written evidence, a copy of such evidence 
shall be marked for identification and shall constitute the offer of 
proof.
    (i) The CARP shall discourage the presentation of cumulative 
evidence, and may limit the number of witnesses that may be heard on 
behalf of any one party on any one issue.
    (j) Parties are entitled to conduct cross-examination and redirect 
examination. Cross-examination is limited to matters raised on direct 
examination. Redirect examination is limited to matters raised on cross-
examination. The panel, however, may limit cross-examination and 
redirect examination if in its judgment this evidence or examination 
would be cumulative or cause undue delay. Conversely, this

[[Page 565]]

subsection does not restrict the discretion of the panel to expand the 
scope of cross-examination or redirect examination.
    (k) Documents that have not been exchanged in advance may be shown 
to a witness on cross-examination. However, copies of such documents 
must be distributed to the CARP and to other participants or their 
counsel at hearing before being shown to the witness at the time of 
cross-examination, unless the panel directs otherwise. If the document 
is not, or will not be, supported by a witness for the cross-examining 
party, that document can be used solely to impeach the witness's direct 
testimony and cannot itself be relied upon in findings of fact as 
rebutting the witness's direct testimony. However, upon leave from the 
panel, the document may be admitted as evidence without a sponsoring 
witness if official notice is proper, or if, in the panel's view, the 
cross-examined witness is the proper sponsoring witness.
    (l) A CARP will encourage individuals or groups with the same or 
similar interests in a proceeding to select a single representative to 
conduct their examination and cross-examination of any given witness. 
However, if there is no agreement on the selection of a representative, 
each individual or group will be allowed to conduct its own examination 
and cross-examination of any given witness, but only on issues affecting 
its particular interests, provided that the questioning is not 
repetitious or cumulative of the questioning of other parties within the 
group.

[59 FR 23981, May 9, 1994, as amended at 59 FR 63041, Dec. 7, 1994; 63 
FR 30635, June 5, 1998]