[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: 37CFR351.9]

[Page 704]
 
              TITLE 37--PATENTS, TRADEMARKS, AND COPYRIGHTS
 
        CHAPTER III--COPYRIGHT ROYALTY BOARD, LIBRARY OF CONGRESS
 
PART 351_PROCEEDINGS--Table of Contents
 
Sec. 351.9  Conduct of hearings.

    (a) By panels. Subject to paragraph (b) of this section, hearings 
will be conducted by Copyright Royalty Judges sitting en banc.
    (b) Role of Chief Judge. The Chief Copyright Royalty Judge, or an 
individual Copyright Royalty Judge designated by the Chief Judge, may 
preside over such collateral and administrative proceedings, and over 
such proceedings under section 803(b)(1) through (5) of the Copyright 
Act, as the Chief Judge considers appropriate. The Chief Judge, or an 
individual Copyright Royalty Judge designated by the Chief Judge, shall 
have the responsibility for:
    (1) Administering oaths and affirmations to all witnesses;
    (2) Announcing the Copyright Royalty Judges' ruling on objections 
and motions and all rulings with respect to introducing or excluding 
documentary or other evidence. In all cases, with the exception of a 
hearing pursuant to 17 U.S.C. 803(a)(2), it takes a majority vote to 
grant a motion or sustain an objection. A tie vote will result in the 
denial of a motion or the overruling of the objection;
    (c) Opening statements. In each distribution or rate proceeding, 
each party may present its opening statement summarizing its written 
direct statement.
    (d) Notice of witnesses and prior exchange of exhibits. Each party 
must provide all other parties notice of the witnesses who are to be 
called to testify at least one week in advance of such testimony, unless 
modified by applicable trial order. Parties must exchange exhibits at 
least one day in advance of being offered into evidence at a hearing, 
unless modified by applicable trial order.
    (e) Subpoenas. The parties may move the Copyright Royalty Judges to 
issue a subpoena. The object of the subpoena shall be served with the 
motion and may appear in response to the motion.
    (f) Witnesses sequestered. Subject to applicable trial order, 
witnesses, other than party representatives, may not be permitted to 
listen to any testimony and may not be allowed to review a transcript of 
any prior testimony.

[70 FR 30905, May 31, 2005, as amended at 71 FR 53329, Sept. 11, 2006]