[Code of Federal Regulations]
[Title 37, Volume 1]
[Revised as of July 1, 2008]
From the U.S. Government Printing Office via GPO Access
[CITE: 37CFR350.4]

[Page 698-699]
 
              TITLE 37--PATENTS, TRADEMARKS, AND COPYRIGHTS
 
        CHAPTER III--COPYRIGHT ROYALTY BOARD, LIBRARY OF CONGRESS
 
PART 350_GENERAL ADMINISTRATIVE PROVISIONS--Table of Contents
 
Sec. 350.4  Filing and service.

    (a) Filing of pleadings. For all filings, the submitting party shall 
deliver an original, five paper copies, and one electronic copy in 
Portable Document Format (PDF) on compact disk (an optical data storage 
medium such as a CD-ROM, CD-R or CD-RW) or floppy diskette to the 
Copyright Royalty Board in accordance with the provisions set forth in 
Sec. 301.2 of this chapter. In no case shall a party tender any 
document by facsimile transmission, except with the prior express 
authorization of the Copyright Royalty Judges.
    (b) Exhibits. All exhibits must be included with the pleadings they 
support. In the case of exhibits whose bulk or whose cost of 
reproduction would unnecessarily encumber the record or burden the 
party, the Copyright Royalty Judges may reduce the number of required 
copies.
    (c) English language translations. Each submission that 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 shall be accompanied 
by an affidavit or a declaration made pursuant to 28 U.S.C. 1746 
supporting the testimony.
    (e) Subscription--(1) Parties represented by counsel. 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 
full name, mailing address, e-mail address (if any), telephone number, 
facsimile number (if any), and a state bar identification number. 
Submissions signed by an 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 the person's knowledge, information, 
and belief, formed after an inquiry reasonable under the circumstances:
    (i) It is not being presented for any improper purpose, such as to 
harass or to cause unnecessary delay or needless increase in the cost of 
litigation;

[[Page 699]]

    (ii) The claims, defenses, and other legal contentions therein are 
warranted by existing law or by a nonfrivolous argument for the 
extension, modification, or reversal of existing law or the 
establishment of new law;
    (iii) The allegations and other factual contentions have evidentiary 
support or, if specifically so identified, are likely to have 
evidentiary support after a reasonable opportunity for further 
investigation or discovery; and
    (iv) The denials of factual contentions are warranted on the 
evidence or, if specifically so identified, are reasonably based on a 
lack of information or belief.
    (2) Parties representing themselves. The original of all documents 
filed by a party not represented by counsel shall be signed by that 
party and list that party's full name, mailing address, e-mail address 
(if any), telephone number, and facsimile number (if any). The signature 
will constitute the party's 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.
    (f) Oppositions and replies. Oppositions to motions shall be filed 
within five business days of the filing of the motion, and replies to 
oppositions shall be filed within four business days of the filing of 
the opposition.
    (g) Service list. The Copyright Royalty Judges will compile and 
distribute, to those parties who have filed a petition to participate 
that has been accepted by the Copyright Royalty Judges, the official 
service list of 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 Copyright 
Royalty Judges and all parties of any change in the name or address to 
which service shall be made.
    (h) Service method. During the course of a proceeding, each party 
must serve all motions, 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. If a party is willing to 
accept service of a document electronically (i.e., by e-mail), followed 
by a hard copy, first-class mail of the hard copy may be used in lieu of 
express mail or other expedited delivery.

[70 FR 30905, May 31, 2005, as amended at 71 FR 53327, Sept. 11, 2006; 
71 FR 59010, Oct. 6, 2006]