APPENDIX H
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APPENDIX H
From Title 28-AppendixRULES OF THE UNITED STATES COURT OF FEDERAL CLAIMS
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APPENDIX H

MOTIONS

1. Factual Matters. Factual representations, other than those pertaining to procedural aspects of the case which are personally known to the signatory attorney, will be disregarded unless supported by:

a. A witness' affidavit or a declaration under penalty of perjury, pursuant to 28 U.S.C. §1746, attached to the motion or found in the pleadings or elsewhere in the record;

b. The transcript of a deposition or of trial testimony;

c. The testimony of a witness who appears at the hearing on the motion;

d. Any of the other submissions referred to in RCFC 56(c); or

e. Any other evidence that would be admissible at trial.

2. Oral Argument. Oral argument ordinarily shall be heard on all contested motions, other than motions to amend, for enlargement, to shorten time limits, to file documents out of time or in excess of page limits, to reschedule oral arguments, to substitute counsel, or to reconsider matters, as to which one of the parties requests to be heard by so stating in its initial brief.

(As amended Dec. 4, 1992.)