---
kind: "section"
citation: "37 C.F.R. § 222.11"
title: "37"
number: "222.11"
heading: "Scheduling order."
url: "https://uscodex.org/cfr/37/222.11"
---

# §222.11. Scheduling order.

- (a) **Timing.** Upon receipt of the second payment of the filing fee set forth in [§ 201.3(g)](/cfr/37/201.3.md?p=g) of this subchapter and after completion of the 14-day period specified in the Board's order pursuant to [§ 222.7](/cfr/37/222.7.md), the Board shall issue an initial scheduling order through eCCB, subject to [§ 222.7(b)(1)](/cfr/37/222.7.md?p=b-1).
- (b) **Content of initial scheduling order.** The scheduling order shall include the dates or deadlines for:
  - (1) Filing of a response to the claim by the respondent;
  - (2) A pre-discovery conference with a Copyright Claims Officer (Officer) to discuss case management, including discovery, and the possibility of resolving the claims and any counterclaims through settlement;
  - (3) Service of responses to standard interrogatories;
  - (4) Service of documents in response to standard requests for the production of documents;
  - (5) Requests for leave to seek additional discovery;
  - (6) Close of discovery;
  - (7) A post-discovery conference with an Officer to discuss further case management, including the possibility of resolving the claims and any counterclaims through settlement; and
  - (8) Filing of each party's written testimony and responses, pursuant to [§ 222.15](/cfr/37/222.15.md).
- (c) **Conferences.** In addition to those identified in [paragraph (b)](#b) of this section, the Board may hold additional conferences, at its own election or at the request of any party. Requests for a conference and any responses thereto shall follow the procedures set forth in [§ 220.5(a)(1)](/cfr/37/220.5.md?p=a-1) of this subchapter. All conferences shall be held virtually.
- (d) **Amended scheduling order.** The Board may amend the initial scheduling order—
  - (1) Upon the clearance of a counterclaim by a Copyright Claims Attorney pursuant to [§ 224.1(c)(1)](/cfr/37/224.1.md?p=c-1) of this subchapter, to add a deadline for the service of a response by a claimant to a counterclaim and to amend other previously scheduled dates in the prior scheduling order;
  - (2) **Upon request of one or more of the parties to an <I>active proceeding</I> submitted through eCCB.** Requests to amend the scheduling order and any responses thereto shall follow the procedures set forth in [§ 220.5(a)(1)](/cfr/37/220.5.md?p=a-1) of this subchapter;
  - (3) As necessary to adjust the schedule for conferences or hearings or the staying of the proceeding;
  - (4) As necessary to facilitate settlement pursuant to [§ 222.18](/cfr/37/222.18.md); or
  - (5) **Upon its own initiative in the interests of maintaining orderly administration of the Board's docket.**

## Notes

### Amendments

[87 FR 30077, May 17, 2022]

### Authority

Authority: 17 U.S.C. 702, 1510.

### Source

Source: 87 FR 12865, Mar. 8, 2022, unless otherwise noted.

### Amendments

[87 FR 30077, May 17, 2022]
