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Federal Register / Vol. 86, No. 233 / Wednesday, December 8, 2021 / Proposed Rules making its determination as to liability, and shall be considered only as to damages.
c Reply testimony. Written reply testimony must be limited to addressing or rebutting specific evidence set forth in written response testimony. Written reply testimony may consist of documentary evidence, witness statements, and a party statement as set forth in this paragraph c.
1 Documentary evidence. In addition to the requirements of paragraph b1
of this section, documentary evidence presented by a party as part of written reply testimony must be limited to documentary evidence required to contradict or rebut specific evidence that was presented in an opposing partys written response testimony and shall not include any documentary evidence previously presented as part of the submitting partys direct testimony.
2 Witness statements. In addition to the requirements of paragraph b2 of this section, a reply witness statement must be limited to facts not previously included in that witnesss prior statement, and must be limited to facts that contradict or rebut specific evidence that was presented in an opposing partys written response testimony. The reply witnesss statement must refer to any documents the reply witness is sponsoring in the same manner as set forth in paragraph b2 of this section.
3 Party statement. A party statement in reply must be limited to rebutting or addressing an opposing partys written response testimony and may not include any discussion of the facts, the law, or damages that was included in that partys direct party statement. A reply party statement is subject to the same formatting rules set forth in paragraph b3 of this section except that it must be limited to 7 double-spaced pages, not including the title page or any signatures or certificates of service, in 12-point font or larger for both body text and footnotes, with at least one-inch margins on the top, bottom, left, and right of each page.
d Certification. All written testimony submitted to the Board must include a certification by the party submitting such testimony that it is accurate and truthful.
e Request for hearing. Any party may include in a party statement a request for a hearing on the merits before the Board, consistent with 222.15.
f No additional filing. Following filing of any written reply testimony, no further written testimony or evidence may be submitted to the Board, unless at the specific request of the Board, or
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as appropriate at a hearing on the merits ordered by the Board.
222.15

Hearings.

a Timing. In any action, the Board may hold a hearing following submission of each partys written direct, response, and reply testimony if it determines that such a hearing is appropriate or advisable. The Board may decide to hold a hearing on its own initiative or after consideration of a request for a hearing from any party.
b Virtual hearings. All hearings shall be held virtually and may be recorded as deemed necessary by the Board.
c Requesting a hearing. A request for a hearing on the merits of a case must be included in a party statement, pursuant to 222.14e. The Board, in its sole discretion, shall choose whether to hold a hearing, and may elect to hold a hearing absent a request from a party.
d Content of request. Any request in a party statement for a hearing on the merits of a case shall consist of a short statement to the following effect: Party name requests a hearing pursuant to 37
CFR 222.14e. The statement should include the reasons why the party believes the request should be granted.
e Scheduling order. When the Board determines that a hearing on the merits of a case is appropriate, it will issue an amended scheduling order setting forth the date of the hearing and deadlines for any additional evidence requested by the Board or for a pre-hearing conference, if applicable.
f Close of evidence. Following a hearing on the merits of a case, no additional written testimony or evidence may be submitted to the Board unless at the Boards specific request.
222.16

Withdrawal of claims; dismissal.

A party may request to withdraw its own claim or counterclaim by filing a written request with the Board seeking withdrawal, and therefore dismissal.
Such written request shall consist of a brief statement seeking dismissal and shall be signed by the party seeking the dismissal.
a Before a response. If the written request is received before a response to the claim or counterclaim is filed with the Board, the Board shall dismiss the claim or counterclaim without prejudice, unless all parties agree in a written stipulation filed with the Board that the claim or counterclaim shall be dismissed with prejudice.
b After a response. If the written request is received after a response to the claim or counterclaim is filed with the Board, the Board shall issue a final determination dismissing the claim or counterclaim with prejudice, unless the
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Board determines in the interests of justice that such dismissal shall be without prejudice or all parties agree in a written stipulation filed with the Board that the claim or counterclaim shall be dismissed without prejudice.
c Effect of dismissal. Dismissal of a claim or counterclaim under this section will not affect remaining claims or counterclaims in the proceeding.
222.17

Settlement.

a General. The Board shall encourage voluntary settlement between the parties of any claims or counterclaims. The appropriateness of a settlement conference, at a minimum, shall be raised at the pre-discovery and post-discovery conferences set forth in 222.10b.
b Requesting settlement conference1 Timing. At any point in an active proceeding, some or all of the parties may jointly request a conference with an Officer to facilitate settlement discussions.
2 Form and content of request. The request can be made orally at any Board conference or it can be made in writing.
If made in writing, the request shall consist of a brief letter requesting a settlement conference and indicating which parties join in the request. The parties may also include in such letter a request to stay the proceedings while settlement discussions are ongoing.
Granting a request for a stay shall be at the Boards discretion.
3 Response to request. Any party that objects to the request for a settlement conference, or joins in the request for a settlement conference but not a request for a stay of proceedings, may file a response with the Board within seven days of the date of service of the request seeking a settlement conference. Such response shall consist of a brief letter indicating that the party objects to a settlement conference, or a stay of proceedings, and stating the basis for that objection.
c Scheduling settlement conference.
If the request for a settlement conference, and any request for a stay, is jointly made among the parties, or if no party files a response within seven days of the date of service of the request, the Board shall schedule a settlement conference with all parties subject to the request. If one or more parties files a response, upon consideration of the objections and whether any claims or counterclaims may be resolved with only the consenting parties in attendance, the Board may schedule a conference with some or all parties.
d Settlement proceedings. Three days prior to a settlement conference, each party participating in the
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