118 STAT. 2352 PUBLIC LAW 108–419—NOV. 30, 2004 new information received during the discovery process, within 15 days after the end of the discovery period specified in clause (iii). ‘‘(ii)(I) Following the submission to the Copyright Royalty Judges of written direct statements by the participants in a proceeding under paragraph (2), the judges shall meet with the participants for the purpose of setting a schedule for conducting and completing discovery. Such schedule shall be determined by the Copyright Royalty Judges. ‘‘(II) In this chapter, the term ‘written direct state ments’ means witness statements, testimony, and exhibits to be presented in the proceedings, and such other information that is necessary to establish terms and rates, or the distribution of royalty payments, as the case may be, as set forth in regulations issued by the Copyright Royalty Judges. ‘‘(iii) Hearsay may be admitted in proceedings under this chapter to the extent deemed appropriate by the Copyright Royalty Judges. ‘‘(iv) Discovery in such proceedings shall be per mitted for a period of 60 days, except for discovery ordered by the Copyright Royalty Judges in connection with the resolution of motions, orders, and disputes pending at the end of such period. ‘‘(v) Any participant under paragraph (2) in a pro ceeding under this chapter to determine royalty rates may request of an opposing participant nonprivileged documents directly related to the written direct state ment or written rebuttal statement of that participant. Any objection to such a request shall be resolved by a motion or request to compel production made to the Copyright Royalty Judges in accordance with regu lations adopted by the Copyright Royalty Judges. Each motion or request to compel discovery shall be deter mined by the Copyright Royalty Judges, or by a Copy right Royalty Judge when permitted under subsection (a)(2). Upon such motion, the Copyright Royalty Judges may order discovery pursuant to regulations estab lished under this paragraph. ‘‘(vi)(I) Any participant under paragraph (2) in a proceeding under this chapter to determine royalty rates may, by means of written motion or on the record, request of an opposing participant or witness other relevant information and materials if, absent the dis covery sought, the Copyright Royalty Judges’ resolution of the proceeding would be substantially impaired. In determining whether discovery will be granted under this clause, the Copyright Royalty Judges may consider— ‘‘(aa) whether the burden or expense of pro ducing the requested information or materials out weighs the likely benefit, taking into account the needs and resources of the participants, the impor tance of the issues at stake, and the probative value of the requested information or materials in resolving such issues; Deadline.
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