37 CFR § 227.4 - Opportunity for respondent or counterclaim respondent to submit evidence.
---
identifier: "/us/cfr/t37/s227.4"
source: "ecfr"
legal_status: "authoritative_unofficial"
title: "37 CFR § 227.4 - Opportunity for respondent or counterclaim respondent to submit evidence."
title_number: 37
title_name: "Patents, Trademarks, and Copyrights"
section_number: "227.4"
section_name: "Opportunity for respondent or counterclaim respondent to submit evidence."
chapter_name: "U.S. COPYRIGHT OFFICE, LIBRARY OF CONGRESS"
subchapter_number: "B"
subchapter_name: "COPYRIGHT CLAIMS BOARD AND PROCEDURES"
part_number: "227"
part_name: "DEFAULT"
positive_law: false
currency: "2026-03-24"
last_updated: "2026-03-24"
format_version: "1.1.0"
generator: "[email protected]"
authority: "17 U.S.C. 702, 1510."
regulatory_source: "87 FR 30087, May 17, 2022, unless otherwise noted."
cfr_part: "227"
---
# 227.4 Opportunity for respondent or counterclaim respondent to submit evidence.
(a) *Response to notice by respondent or counterclaim respondent.* The respondent or counterclaim respondent may submit in writing any evidence or information in opposition to the proposed *default determination* within 30 days of the issuance of the proposed *default determination* absent an extension of that time by the Board. The form of that response shall follow the procedures for written response testimony under § 222.15(b) of this subchapter. If the respondent or counterclaim respondent fails to timely submit evidence but submits a response that indicates an intent to submit evidence in opposition to the proposed *default determination,* the Board shall consider the response and either provide the respondent or counterclaim respondent with additional time to submit evidence or proceed with issuing the *default determination.*
(b) *Response to respondent's or counterclaim respondent's submissions.* If the respondent or counterclaim respondent provides any evidence or other information in response to the notice of the pending *default determination,* the other parties to the proceeding shall be provided an opportunity to address such a submission by following the procedures for written reply testimony under § 222.15(c) of this subchapter within 21 days of the respondent's submission.
(c) *Hearings.* The Board may hold a hearing related to *default determinations* at its discretion.