118 STAT. 2353 PUBLIC LAW 108–419—NOV. 30, 2004 ‘‘(bb) whether the requested information or materials would be unreasonably cumulative or duplicative, or are obtainable from another source that is more convenient, less burdensome, or less expensive; and ‘‘(cc) whether the participant seeking discovery has had ample opportunity by discovery in the proceeding or by other means to obtain the information sought. ‘‘(II) This clause shall not apply to any proceeding scheduled to commence after December 31, 2010. ‘‘(vii) In a proceeding under this chapter to deter mine royalty rates, the participants entitled to receive royalties shall collectively be permitted to take no more than 10 depositions and secure responses to no more than 25 interrogatories, and the participants obligated to pay royalties shall collectively be permitted to take no more than 10 depositions and secure responses to no more than 25 interrogatories. The Copyright Royalty Judges shall resolve any disputes among similarly aligned participants to allocate the number of deposi tions or interrogatories permitted under this clause. ‘‘(viii) The rules and practices in effect on the day before the effective date of the Copyright Royalty and Distribution Reform Act of 2004, relating to dis covery in proceedings under this chapter to determine the distribution of royalty fees, shall continue to apply to such proceedings on and after such effective date. ‘‘(ix) In proceedings to determine royalty rates, the Copyright Royalty Judges may issue a subpoena commanding a participant or witness to appear and give testimony, or to produce and permit inspection of documents or tangible things, if the Copyright Roy alty Judges’ resolution of the proceeding would be substantially impaired by the absence of such testi mony or production of documents or tangible things. Such subpoena shall specify with reasonable particu larity the materials to be produced or the scope and nature of the required testimony. Nothing in this clause shall preclude the Copyright Royalty Judges from requesting the production by a nonparticipant of information or materials relevant to the resolution by the Copyright Royalty Judges of a material issue of fact. ‘‘(x) The Copyright Royalty Judges shall order a settlement conference among the participants in the proceeding to facilitate the presentation of offers of settlement among the participants. The settlement con ference shall be held during a 21 day period following the end of the discovery period and shall take place outside the presence of the Copyright Royalty Judges. ‘‘(xi) No evidence, including exhibits, may be sub mitted in the written direct statement or written rebuttal statement of a participant without a spon soring witness, except where the Copyright Royalty Judges have taken official notice, or in the case of Applicability.
�
