Rule 77. Court and Clerk
(a) Name. The name of the court, as fixed by 28 U.S.C. §171, is the United States Court of Federal Claims.
(b) Seal. The seal of the court shall be the American eagle, similar to that represented in the arms of the United States, engraved on a circular piece of brass or steel, with these words in the margin: "United States Court of Federal Claims" on the upper part and "Reipublicae Civibusque" in the other part of the margin. Writs and process of this court shall be under the seal of the court and signed by the clerk.
(c) Court Always Open. The court will not hold formal terms, but shall be deemed always open for the purpose of filing any pleading or other proper paper, of issuing and returning process, and of making and directing all interlocutory motions, orders, and rules. The office of the clerk is open from the hours 8:45 a.m. to 5:15 p.m. on business days. A night box is provided for filing with the office of the clerk between the hours of 5:15 p.m. and 12:00 midnight on any business day for papers due that day. The night box will be locked promptly at midnight of each business day. The box is attached to the gate at the garage entrance on H Street. It is suggested that counsel telephone the clerk's office by 9:30 a.m. of the next day as to receipt, (202) 633-7261.
(d) Citations. Decisions published by the United States Court of Claims may be cited as statements of substantive law applicable to actions in this court.
(e) Judicial Power. The judicial power of the United States Court of Federal Claims with respect to any action, suit, or proceeding, except congressional reference cases, shall be exercised by a single judge, who may preside alone and hold a regular or special session of court at the same time other sessions are held by other judges.
(f) Assignment of Cases. (1) After a complaint has been served on the United States, or after recusal or disqualification of a judge to whom a case has been assigned, the case shall be assigned (or reassigned) forthwith to a judge. The chief judge may reassign any case if the chief judge deems such action necessary for the efficient administration of justice.
(2) At the time a complaint is filed, or as soon thereafter as the identity of an earlier related case becomes known, the filing attorney (or pro se plaintiff) shall file and serve on all parties who have appeared a Notice of Related Case(s). Cases are deemed related when an earlier-filed case and the action being filed:
(A) involve the same parties and are based on the same or similar claims; or
(B) involve the same contract, property or patent.
(g) Signing of Orders for Absent Judges. If the judge to whom the action is assigned is not available and there is an emergency necessitating an order, the matter shall be presented to the chief judge, or in the chief judge's absence, to another judge designated by the chief judge.
(h) Trials and Hearings; Orders in Chambers. All trials upon the merits shall be conducted in open court and so far as convenient in a regular courtroom. All other acts or proceedings may be done or conducted by a judge in chambers, without the attendance of the clerk or other court officials and at any other place designated by order or with the consent of all parties affected thereby.
(i) Clerk's Office and Orders by Clerk. The clerk's office with the clerk or a deputy in attendance shall be open during business hours on all days except Saturdays, Sundays, and the following holidays: New Year's Day, Inauguration Day, Martin Luther King's Birthday, Washington's Birthday, Memorial Day, Independence Day, Labor Day, Columbus Day, Veterans Day, Thanksgiving Day, and Christmas Day. All motions and applications in the clerk's office for issuing process, process to enforce and execute judgments, for entering defaults or judgments by default, and for other proceedings which do not require allowance or order of the court are grantable of course by the clerk; but the clerk's action may be suspended or altered or rescinded by the court upon cause shown.
(j) Notice of Orders or Judgments. Immediately upon the entry of an order or judgment, the clerk shall serve a notice of the entry in the manner provided for in Rule 5 upon each party who is not in default for failure to appear and shall make a note in the docket of the service. Any party may in addition serve a notice of such entry in the manner provided in Rule 5 for the service of papers. Lack of notice of the entry by the clerk does not affect the time to appeal or relieve or authorize the court to relieve a party for failure to appeal within the time allowed, except as permitted in Rule 4(a) of the Federal Rules of Appellate Procedure.
(k) Fee Schedule. (1) Fees for services rendered by the clerk are payable in advance; all checks are to be made payable to "Clerk, United States Court of Federal Claims."
(2) Fees are:
| Admission to practice and certificate thereof | $30.00 |
| Duplicate certificate of admission or certificate of good standing | $5.00 |
| Filing complaint | $120.00 |
| Filing intervening complaint | $120.00 |
| Certifying any document or paper | $5.00 |
| Reproducing any record, entry or other paper for a maximum of 50 pages | $.50 per page |
| Filing Notice of Appeal | $105.00 (includes $5.00 notice of appeal and $100.00 Court of Appeals fees) |
| Receipt of monthly listing of court orders and opinions | $10.00 |
Such other fees as authorized by the Judicial Conference of the United States, except that no fees are to be charged for services rendered on behalf of the United States.
(l) Scheduling Courtrooms. The clerk shall schedule the use of courtrooms in Washington, D.C., and shall be responsible for all arrangements for courtrooms and other facilities required by the court at locations other than in Washington, D.C.
(m) Officers and Employees of the Court; Practice of Law. No person serving as a judge or in any other position with this court shall practice as an attorney or counselor in any court or before any agency of the United States, or otherwise engage in the practice of law, while continuing in that position, except when such person represents such person or some member of such person's immediate family; and neither a judge nor a secretary, law clerk or other person occupying a position with that judge, after separating from a position with this court, shall ever participate, by way of any form of professional consultation or assistance to anyone other than the court, in any case pending on that judge's docket during such person's term of service.
(As amended Dec. 4, 1992; Jan. 24, 1994.)
References in Text
The Federal Rules of Appellate Procedure, referred to in subd. (j), are set out in this Appendix.
General Order No. 7
The United States Claims Court [now United States Court of Federal Claims] Advisory Council is established to advise the judges on matters pertaining to the administration of the court and its relationship to the bar and the public. The council shall operate as follows:
A. Organization
(1) The council shall consist of 17 members who shall serve staggered three-year terms. The chief judge shall fill any vacancies.
(2) The chief judge may also appoint a senior adviser to the council who shall serve at the discretion of the chief judge.
(3) The chief judge shall designate one of the judges in active service as a liaison member between the court and the council.
(4) The council shall meet at such times and places as agreed upon by the members. All members of the council, including the senior adviser and the liaison member, may attend these meetings and participate in the discussions. The chief judge shall provide facilities at the court to accommodate meetings of the council.
(5) Council members shall elect a chairman and other officers, designate committees and take all other steps appropriate to the conduct of the council's business. Each member, except the liaison member and senior adviser, shall be entitled to vote on matters before the council.
B. Relationship to the court
(1) The council may consider any matters its members deem relevant to the operation of the court. The council may transmit its recommendations to the court informally or formally by letter from the chairman to the chief judge.
(2) The council shall promptly consider and make a recommendation on any matter referred to it by the court.
(3) The court may consider any recommendation of the council and take such action as it deems appropriate.
April 5, 1983
BY THE COURT
Chief Judge