Rule 25. Filing and Service

(a) Filing. All papers required or permitted to be filed in this Court must be filed with the Clerk. Filing may be accomplished by mail addressed to the Clerk.

(b) Timeliness.

(1) Facsimile Filing. Filing of a copy of all papers, except briefs, may be accomplished by facsimile addressed to the Clerk at (202) 501–5848, but only if the original papers and the required number of copies are received by the Clerk within 10 days after the time fixed for filing. However, if a Notice of Appeal or a motion to waive the filing fee has been filed by facsimile, there is no requirement to file an original copy with the Clerk. See Rules 3 and 24.

(2) Other Papers. All papers other than those filed by facsimile must be received by the Clerk or deposited in the night box within the time specified for filing. See Rule 45. But see Rule 4(a) concerning Notice of Appeal.

(c) Service of All Papers Required. Copies of all papers filed by any party or amicus and not required by these rules to be served by the Clerk must, at or before the time of filing, be served by a party or amicus on all other parties and amici to the appeal. Service on a represented party or amicus must be made on the representative.

(d) Manner of Service. Service may be personal or by mail. Personal service includes delivery of the copy to a responsible person at the office of the representative or the office or home of a party without a representative. The Secretary's representative is the General Counsel, Department of Veterans Affairs.

(e) Proof of Service. Papers presented for filing must contain an acknowledgement of service by the person served, showing that person's mailing address, or a statement certified by the person who made service (see sample on reverse side of Form 1), showing the date and manner of service and the names and addresses of the persons served. Proof of service may appear on or be attached to the papers filed. The Clerk may permit papers to be filed without proof of service but shall require such proof to be filed promptly thereafter.

(As amended June 14, 1994, eff. Aug. 1, 1994; Nov. 7, 1994.)