---
kind: "section"
citation: "37 C.F.R. § 228.1"
title: "37"
number: "228.1"
heading: "Claimant or counterclaimant's failure to complete service."
url: "https://uscodex.org/cfr/37/228.1"
---

# §228.1. Claimant or counterclaimant's failure to complete service.

- (a) **Failure to serve a respondent who is not a necessary party.** If a claimant fails to timely complete service on a respondent who is not a necessary party, pursuant to [§ 222.14](/cfr/37/222.14.md) of this subchapter, the Copyright Claims Board (Board) shall dismiss that respondent from the proceeding without prejudice. The proceeding shall continue against any remaining respondents.
- (b) **Failure to serve a respondent who is a necessary party.** If a claimant fails to timely complete service on a respondent who is a necessary party, pursuant to [§ 222.14](/cfr/37/222.14.md) of this subchapter, the Board shall dismiss the proceeding without prejudice.
- (c) **Complete failure to serve respondents.** For a claim to proceed, a claimant must complete service on at least one respondent. If a claimant does not timely file any proof of service, the Board shall dismiss the proceeding without prejudice.

## Notes

### Authority

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

### Source

Source: 87 FR 30088, May 17, 2022, unless otherwise noted.