District court referrals.

§ 235.1 District court referrals. (a) General. This section governs circumstances where a district court has referred a proceeding to the Board under 17 U.S.C. 1509(b) and 28 U.S.C. 651, as well as the Copyright Claims Board's (Board's) authority to suspend or amend certain regulations under this chapter after such a referral. (b) Amending or suspending procedural rules. (1) When a district court has referred a proceeding to the Board, the Board may suspend or amend rules governing its proceedings in the interests of justice, fairness, and efficiency, except as identified in paragraph (b)(2) of this section. (2) The Board may not suspend or amend the rules governing the following parts and sections: 37 CFR parts 227 through 232 and 234, 37 CFR 220.1 through 220.4, 37 CFR 222.1, 37 CFR 223.3, or 37 CFR 224.2. (c) Requirement to contact the Board. When a district court has referred a proceeding to the Board, the parties to that case should email the Board (at asktheboard@ccb.gov ) as soon as possible for further instructions. The Board will issue the parties instructions on how to continue proceedings before the Board, including how to open a docket in eCCB without following the standard process to file a claim and pay a fee. (d) Fees. When a district court has referred a proceeding to the Board, a claimant is not required to pay the Board a fee to initiate a claim under 37 CFR 201.3(g)(1). 37 CFR Ch. II (7–1–23 Edition) Index to Subchapter B Index to Subchapter B—U.S. Copyright Office, Library of Congress, Copyright Claims Board and Procedures Editorial Note: This listing is provided for informational purposes only. It is compiled and kept current by the Library of Congress. This index is updated as of July 1, 2023. Section Additional parties 222.14 Board determination 222.14(d) Failure to join a necessary party 222.14(b) Intervention of a necessary party 222.14(c) Amending pleadings 222.12 Amendments before service 222.12(a) Amendments during the opt-out period 222.12(b) Amendment of counterclaim before response 222.12(c) Request for leave to amend, procedure for 222.12(d)(2) Bar on initiating and participating in claims 232.4 Class action opt-out procedures 223.3 Compliance review 224.1 Dismissal without prejudice 224.1(d) Claim, contents of the 222.2(c) Infringement 222.2(c)(7) Noninfringement 222.2(c)(8) Misrepresentation 222.2(c)(9) Conduct of Parties 232 Bad-faith conduct 232.3 Bar on initiating and participating in claims 232.4 Law student representatives   Applicability of rules of professional conduct 234.1(j) Legal counsel and authorized representative conduct 232.5 Representation of business entities 232.6 Representations to the Board 232.2 Conferences 222.11(c) Consolidation 222.13 Procedure 222.13(c) Standard for granting request 222.13(d) Timing 222.13(b) Counterclaim 222.9 Content of counterclaim 222.9(c) Response to counterclaim 222.10 Default 227 Contents of default notice 227(b) Failure by respondent or counterclaim respondent to appear or participate in Proceeding 227.1 Notice of proposed default determination 227.3 Submission of evidence by claimant or counterclaimant in support of default determination 227.2 Vacating a default determination 227.5(c) Definitions   Active proceeding 220.1(a) Authorized representative 220.1(b) Bad-faith conduct 220.1(c) Default determination 220.1(d) Final determination 220.1(e) Initial notice 220.1(f) Second notice 220.1(g) Standard interrogatories 220.1(h) Standard requests for the production of documents 220.1(i) Designated service agents 222.6 Content of submission 222.6(d) Designation fee 222.6(b) Public directory 222.6(g) Service on designated agents 222.6(e) Trade names and affiliated entities 222.6(c) Discovery, general practices 225.1 Document searches and productions 225.3(f) Privileged documents 225.3(g) Requests for additional discovery 225.4(a) Requests for admission 225.4(c) Requests for expert witnesses 225.4(b) Standard requests for the production of documents 225.3 Timing of discovery 225.1(b) Disputes and sanctions 225.5 Evidence 222.20 Admissibility 222.20(a) Examination of witnesses 222.20(b) Exhibits in hearing 222.20(c) New exhibits for use in cross-examination or redirect examination 222.20(d) Expedited registration, small claims 221.2 Denied requests 221.2(d) Eligibility 221.2(a) Fee 221.1(c) Granted requests 221.2(e) Failure to proceed, claimant's 228 Failure to complete service, claimant or counterclaimant's 228.1 Failure to prosecute, claimant or counterclaimant's 228.2 Federal Rules of Civil Procedure and Federal Rules of Evidence, applicability of the 222.1 Handbook, Copyright Claims Board 220.3 Hearings 222.16 Content of request 222.16(d) Requesting a hearing 222.16(c) Request for hearing 222.15(e), 222.16(c) Timing 222.16(a) Virtual hearings 222.16(b) Initial Notice 222.3 Content 222.3(a) Service 222.3(b) Initiating a proceeding 222.2(a) Interrogatories, standard 225.2 Law Student Representatives 234.1 Eligibility for appearance 234.1(a) Limitation on proceedings   Law students, law clinics, and pro bono legal services 233.2(c) Notice of appearance 234.1(f) Legal counsel and authorized representative conduct 232.5 Libraries and archives opt-out procedures 223.2 Limitation on Proceedings 233.2 Circumvention of limit 233.2(b) Temporary limitations on proceedings 233.3 Opt-out   Class action opt-out procedures 223.3 Libraries and archives opt-out procedures 223.2 Respondent's opt-out 223.1 Pro bono representation directory 234.2 Proof of service, filing of 222.5(b)(3) Protective orders 222.19 Custom protective orders 222.19(b) Personally identifiable information 222.19(c) Standard protective order 222.19(a) Violations of protective order 222.19(d) Reconsideration, requests for 230 Records and Publication 229 Access to records and proceedings 229.1 Record certification 229.2 Register's Review 231 Determination 231.6 Request for Register's review 231.2 Response to request for Register's review 231.3 Standard of review 231.5 Registration requirement 221.1 Expedited registration, small claims 221.2 Replies 220.5(c) Reply party statements 222.15(c) Representation of business entities 232.6 Requests   Joint requests for dismissal 222.18(g) Requests for admission 225.4(c) Request for a conference 222.11(c) Request for a conference related to a pattern of alleged bad-faith conduct 232.4(b) Request for a conference to resolve a discovery dispute 225.1(c) Request for a custom protective order 222.19(b) Request for a settlement conference 222.18(b) Request for a third party to attend a hearing 229.1(c) Request for additional discovery 225.4 Request for leave to amend, procedure for 222.12(d)(2) Request for reconsideration 230.2 Request for Register's review 231.2 Request for sanctions 225.5(e) Request for standard protective order 222.19 Requests for the production of documents, standard 225.3 Requests, responses, and written submissions 220.5 Tier one requests and responses 220.5(a)(1) Tier two requests and responses 220.5(a)(2) Tier three requests and responses 220.5(b) Request to amend pleadings 222.12(d)(2) Request to amend scheduling order 222.11(d) Request to consolidate 222.13(c) Request to designate an official reporter 229.1(d) Request to dismiss for unsuitability 224.2(c) Request to intervene by a third party 222.14(c) Request to issue notice regarding missed deadline or requirement 228.2 Request to modify discovery schedule 225.1(b) Request to present an expert witness 225.4(b) Request to remove a confidentiality designation 222.19(a) Request to stay proceedings 222.18(f) Request to use evidence not previously submitted 220.20(d) Request to vacate a default determination 227.5(c) Request to vacate a dismissal for failure to prosecute 228.2(e) Request to withdraw claims 222.17 Request to withhold documents as privileged 225.3(g) Request to withdraw representation 232.5(a) Responses 222.8 Claimant response to Board determination after default that evidence is insufficient to find for claimant 227.4(b) Content of response 222.8(b) Filing 222.8(a) Response to a Board-issued notice regarding a missed deadline 228.2(a) Response to a notice of proposed default determination 227.1(c) Response to a request to amend scheduling order 222.11(d) Response to a request for a conference 222.11(c) Response to a request for a conference to resolve a discovery dispute 225.5(b) Response to a request for a settlement conference 222.18(b) Response to a request for additional discovery 225.4 Response to a request to consolidate 222.13(c) Response to counterclaim 222.10 Response to a request to designate an official reporter 229.1(d) Response to a request to intervene by a third party 222.14(c) Response to failure to prosecute notice 228.2(c) Responses to party statements 222.15(b) Response to request to modify discovery schedule 225.1(b) Response to request for register's review 231.3 Response to a request for sanctions 225.5(e) Response to a request for reconsideration 230.3 Response to a request for a conference related to a pattern of alleged bad-faith conduct 232.4(b) Response to a request for a third party to attend a hearing 229.1(c) Response to a request to amend pleadings 222.12(d)(2) Response to a request to dismiss for unsuitability 224.2(c) Response to a request to present an expert witness 225.4(b) Response to a request to stay proceedings 222.18(f) Response to a request to remove a confidentiality designation 222.19(a)(5) Response to a request to vacate a default determination 227.5(c) Response to a request to vacate a dismissal for failure to prosecute 228.2(e) Response to a request to withhold documents as privileged 225.3(g) Response to an order to show cause regarding a pattern of bad-faith conduct 232.4(b) Responses to smaller claims Board-proposed findings of fact 226.4(e)(1) Scheduling order 222.11 Amended scheduling order 222.11(d) Content of initial scheduling order 222.11(b) Second filing fee and electronic filing registration, order regarding 222.7 Second Notice 222.4 Content of second notice 222.4(a) Service 222.5 Failure to complete service, claimant or counterclaimant's 228.1 Filing of proof of service 222.5(b)(3) Service by the Copyright Claims Board 222.5(d) Service methods 222.5(b)(2) Service of discovery requests, responses, and responsive documents 222.5(e) Service of initial notice, claim, and related documents 222.5(b) Service of second order regarding second filing fee and electronic filing registration on claimants 222.5(d)(3) Service on designated agents 222.6(e) Timing of service 222.5(b)(1) Waiver of electronic filing and service requirements 222.5(f) Settlement 222.18 Effect of settlement agreement 222.18(h) Requesting a settlement conference 222.18(b) Scheduling settlement conference 222.18(c) Settlement agreement 222.18(g) Settlement position statements 222.18(d) Settlement proceedings 222.18(d) Stay of proceeding 222.18(f) Smaller claims 226 Effect of counterclaims on a smaller claims proceeding 226.3 Final determinations 226.4(f) Merits conference 226.4(d) Nature of a smaller claims proceeding 226.4 Requesting a smaller claims proceeding 226.2 Smaller claims position statements 226.4(d) Statements   Claimant written direct party statement in support of default 227.2(a) Direct party statements 222.15(b) Response party statements 222.15(b) Statements as to damages 222.15(b) Timing 220.4 Service, timing of 222.5(b)(1) Unsuitability, dismissal for 224.2 Waiver of service 222.5 Completing waiver of service 222.5(c)(3) Content of waiver of service request 222.5(c)(2) Delivery of request for waiver of service 222.5(c)(1) Filing of waiver 222.5(c)(5) Timing of completing waiver 222.5(c)(4) Withdrawal of claims; dismissal 222.17 Effect of dismissal 222.17(d) Withdrawal after a response 222.17(c) Withdrawal before a response 222.17(b) Written testimony on the merits 222.15 Direct and response testimony 222.15(b) Request for hearing 222.15(e) Reply testimony 222.15(c) Timing 222.15(a)