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

TITLE I. SCOPE OF RULES-ONE FORM OF ACTION

Rule
1.
Scope of Rules.
(a)
Scope.
(b)
Federal Rules of Civil Procedure.
2.
One Form of Action.

        

TITLE II. COMMENCEMENT OF ACTION: SERVICE OF PROCESS, PLEADINGS, MOTIONS, AND ORDERS

3.
Commencement of Action.
(a)
Complaint; Filing Period.
(b)
Date of Filing.
(c)
Copies.
4.
Process.
(a)
Service upon the United States.
(b)
Copies.
(c)
Proof and Date of Service.
5.
Service and Filing of Other Papers.
(a)
Service; When Required.
(b)
Same; How Made.
(c)
Filing; Certificate of Service.
(d)
Filing with the Court Defined.
(e)
Proof of Service.
6.
Time.
(a)
Computation.
(b)
Enlargement.
(c)
Additional Time After Service.
(d)
When Time Begins To Run.

        

TITLE III. PLEADINGS AND MOTIONS

7.
Pleadings Allowed; Form of Motions.
(a)
Pleadings.
(b)
Motions and Other Papers.
(c)
Demurrers, Pleas, Etc., Abolished.
8.
General Rules of Pleading.
(a)
Claims for Relief.
(b)
Defenses; Form of Denials.
(c)
Affirmative Defenses.
(d)
Effect of Failure To Deny.
(e)
Pleading To Be Concise and Direct; Consistency.
(f)
Construction of Pleadings.
9.
Pleading Special Matters.
(a)
Capacity.
(b)
Fraud, Mistake, Condition of the Mind.
(c)
Conditions Precedent.
(d)
Official Document or Act.
(e)
Judgment.
(f)
Time and Place.
(g)
Special Damage.
(h)
Special Matters Required in Complaint.
10.
Form of Pleadings.
(a)
Caption; Names of Parties.
(b)
Paragraphs; Separate Statements.
(c)
Adoption by Reference; Exhibits.
11.
Signing of Pleadings, Motions, and Other Papers; Sanctions.
12.
Defenses and Objections-When and How Presented-By Pleading or Motion-Motion for Judgment on the Pleadings.
(a)
When Presented.
(b)
How Presented.
(c)
Motion for Judgment on the Pleadings.
(d)
Preliminary Hearings.
(e)
Motion for More Definite Statement.
(f)
Motion To Strike.
(g)
Consolidation of Defenses in Motion.
(h)
Waiver of Preservation of Certain Defenses.
(i)
Suspension of Discovery.
13.
Counterclaim.
(a)
Compulsory Counterclaims.
(b)
Permissive Counterclaims.
(c)
Counterclaim Exceeding Opposing Claim.
(d)
Counterclaim Against the United States [not used].
(e)
Counterclaim Maturing or Acquired After Pleading.
(f)
Omitted Counterclaim.
(g)
Cross-Claim Against Co-Party [not used].
(h)
Joinder of Additional Parties [not used].
(i)
Separate Trials; Separate Judgments.
14.
Third-Party Practice.
(a)
When Third Parties May Be Brought In.
(b)
Content of Motion for Notice to Third Parties.
(c)
Issuance and Service of Notice.
(d)
Service of Notice by Publication.
(e)
Contents of Motion for Summons to Third Parties.
(f)
Issuance and Service of Summons.
(g)
Pleadings of Third Parties.
15.
Amended and Supplemental Pleadings.
(a)
Amendments.
(b)
Amendments To Conform to the Evidence.
(c)
Relation Back of Amendments.
(d)
Supplemental Pleadings.
(e)
Form and Filing.
16.
Pretrial Conferences; Scheduling; Management.
(a)
Pretrial Conferences; Objectives.
(b)
Scheduling and Planning.
(c)
Subjects To Be Discussed at Pretrial Conferences.
(d)
Final Pretrial Conference.
(e)
Pretrial Orders.
(f)
Sanctions.

        

TITLE IV. PARTIES

17.
Parties Plaintiff and Defendant; Capacity.
(a)
Real Party in Interest.
(b)
Capacity To Sue or Be Sued.
(c)
Infants or Incompetent Persons.
18.
Joinder of Claims and Remedies.
(a)
Joinder of Claims.
(b)
Joinder of Remedies.
19.
Joinder of Persons Needed for Just Adjudication.
(a)
Persons To Be Joined If Feasible.
(b)
Determination by Court Whenever Joinder Not Feasible.
(c)
Pleading Reasons for Nonjoinder.
(d)
Exception of Class Actions.
20.
Permissive Joinder of Parties.
(a)
Permissive Joinder.
(b)
Separate Trials.
21.
Misjoinder and Non-Joinder of Parties.
23.
Class Actions.
24.
Intervention.
(a)
Intervention of Right.
(b)
Permissive Intervention.
(c)
Procedure.
25.
Substitution of Parties.
(a)
Death.
(b)
Incompetency.
(c)
Transfer of Interest.
(d)
Public Officers; Death or Separation from Office [not used].

        

TITLE V. DEPOSITIONS AND DISCOVERY

26.
General Provisions Governing Discovery.
(a)
Discovery Methods.
(b)
Discovery Scope and Limits.
(c)
Protective Orders.
(d)
Sequence and Timing of Discovery.
(e)
Supplementation of Responses.
(f)
Discovery Conference.
(g)
Signing of Discovery Requests, Responses, and Objections.
27.
Discovery To Perfect Complaint or Pending Appeal.
(a)
Preliminary Complaint.
(b)
Pending Appeal.
(c)
Perpetuation by Action [not used].
28.
Persons Before Whom Depositions May Be Taken.
(a)
Within the United States.
(b)
In Foreign Countries.
(c)
Disqualification for Interest.
(d)
Fees.
29.
Stipulations Regarding Discovery Procedure.
30.
Depositions upon Oral Examination.
(a)
When Depositions May Be Taken.
(b)
Notice of Examination: General Requirements; Special Notice; Non-Stenographic Recording; Production of Documents and Things; Deposition of Organization; Deposition by Telephone.
(c)
Examination and Cross-Examination; Record of Examination; Oath; Objections.
(d)
Motion To Terminate or Limit Examination.
(e)
Submission To Witness; Changes; Signing.
(f)
Certification and Filing by Officer; Exhibits; Copies; Notice of Completion.
(g)
Failure To Attend or To Serve Subpoena; Expenses.
31.
Depositions upon Written Questions.
(a)
Serving Questions; Notice.
(b)
Officer To Take Responses and Prepare Record.
(c)
Notice of Receipt.
32.
Use of Depositions in Court Proceedings.
(a)
Use of Depositions.
(b)
Objections to Admissibility.
(c)
Effect of Taking or Using Depositions [not used].
(d)
Effect of Errors and Irregularities in Depositions.
33.
Interrogatories to Parties.
(a)
Availability; Procedures for Use.
(b)
Scope; Use at Trial.
(c)
Option To Produce Business Records.
34.
Production of Documents and Things and Entry upon Land for Inspection and Other Purposes.
(a)
Scope.
(b)
Procedure.
(c)
Persons Not Parties.
(d)
Calls.
35.
Physical and Mental Examination of Persons.
(a)
Order for Examination.
(b)
Report of Examiner.
36.
Requests for Admission.
(a)
Request for Admission.
(b)
Effect of Admission.
37.
Failure To Make or Cooperate in Discovery; Sanctions.
(a)
Motion for Order Compelling Discovery.
(b)
Failure To Comply with Order.
(c)
Expenses on Failure To Admit.
(d)
Failure of Party To Attend at Own Deposition or Serve Answers to Interrogatories or Respond to Request for Inspection.
(e)
Subpoena of Person in Foreign Country [not used].
(f)
Expenses Against United States [not used].
(g)
Failure To Participate in the Framing of a Discovery Plan.

        

TITLE VI. TRIALS

39.
Trial.
(a)
By the Court.
(b)
Reporting Arrangements; Return of Transcript.
40.
Assignment of Cases for Trial.
41.
Dismissal of Actions.
(a)
Voluntary Dismissal; Effect Thereof.
(b)
Involuntary Dismissal; Effect Thereof.
(c)
Dismissal of Counterclaim or Third-Party Claim.
(d)
Costs of Previously Dismissed Action.
42.
Consolidation; Separate Trials.
(a)
Consolidation.
(b)
Separate Trials.
(c)
Separate Determination of Liability.
43.
Taking of Testimony.
(a)
Form.
(b)
Affirmation in Lieu of Oath.
(c)
Evidence on Motions.
(d)
Interpreters.
44.
Proof of Official Record.
(a)
Authentication.
(b)
Lack of Record.
(c)
Other Proof.
(d)
Proof of Rules and Regulations.
44.1.
Determination of Foreign Law.
45.
Subpoena.
(a)
Form; Issuance.
(b)
Service.
(c)
Protection of Persons Subject to Subpoenas.
(d)
Duties in Responding to Subpoena.
(e)
Contempt.
46.
Exceptions Unnecessary.
52.
Findings by the Court; Judgment on Partial Findings.
(a)
Effect.
(b)
Amendment.
(c)
Judgment on Partial Findings.
52.1.
Unpublished Opinions.
(a)
Citation.
(b)
Request to Publish.
53.
Masters.
(a)
Appointment and Compensation.
(b)
Reference.
(c)
Powers.
(d)
Proceedings.
(e)
Report.

        

TITLE VII. JUDGMENT

54.
Judgments; Costs.
(a)
Definition; Form.
(b)
Judgment upon Multiple Claims or Involving Multiple Parties.
(c)
Demand for Judgment.
(d)
Costs.
55.
Default.
(a)
Entry.
(b)
Judgment.
(c)
Setting Aside Default.
(d)
Plaintiffs; Counterclaimants.
(e)
Judgment Against the United States.
56.
Summary Judgment.
(a)
For Claimant.
(b)
For Defending Party.
(c)
Motion and Proceedings Thereon.
(d)
Procedures.
(e)
Case Not Fully Adjudicated on Motion.
(f)
Form of Affidavits; Further Testimony; Defense Required.
(g)
When Affidavits Are Unavailable.
(h)
Affidavits Made in Bad Faith.
56.1.
Review of Decision on the Basis of Administrative Record.
(a)
Standards.
(b)
Procedures.
57.
Declaratory Judgments.
58.
Entry of Judgment.
59.
New Trials; Rehearings; Amendment of Judgments; Reconsideration.
(a)
Grounds.
(b)
Time for Motion and Response.
(c)
On Initiative of Court.
(d)
Motion To Alter or Amend a Judgment.
60.
Relief from Judgment or Order.
(a)
Clerical Mistakes.
(b)
Mistakes; Inadvertence; Excusable Neglect; Newly Discovered Evidence; Fraud; etc.
60.1.
Remand; Extension or Termination of Stay of Proceedings on Remand; Disposition of Case.
(a)
Remand.
(b)
Extension or Termination of Stay of Proceedings on Remand; Disposition of Case.
61.
Harmless Error.
62.
Stay of Proceedings To Enforce a Judgment.
(a)
Automatic Stay; Exceptions-Injunctions and Patent Accountings.
(b)
Stay on Motion for New Trial or for Judgment.
(c)
Injunction Pending Appeal.
(d)
Stay upon Appeal.
(e)
Stay in Favor of the United States or Agency Thereof.
(f)
Power of Appellate Court Not Limited.
(g)
Stay of Judgment as to Multiple Claims or Multiple Parties.
63.
Inability of a Judge to Proceed.
(a)
Inability.
(b)
Voluntary Disqualification.
(c)
Affidavit of Bias or Prejudice.

        

TITLE VIII. PROVISIONAL AND FINAL REMEDIES AND SPECIAL PROCEEDINGS

65.
Injunctions.
(a)
Preliminary Injunction.
(b)
Temporary Restraining Order; Notice; Hearing; Duration.
(c)
Security.
(d)
Form and Scope of Injunction or Restraining Order.
(e)
Employer and Employee.
(f)
Procedures.
65.1.
Security: Proceedings Against Sureties.
(a)
Proceedings.
(b)
Sureties.
68.
Offer of Judgment.

        

TITLE IX. APPEALS

72.
Notice of Appeal.

        

TITLE X. COURT AND CLERK

77.
Court and Clerk.
(a)
Name.
(b)
Seal.
(c)
Court Always Open.
(d)
Citations.
(e)
Judicial Power.
(f)
Assignment of Cases.
(g)
Signing of Orders for Absent Judges.
(h)
Trials and Hearings; Orders in Chambers.
(i)
Clerk's Office and Orders by Clerk.
(j)
Notice of Orders or Judgments.
(k)
Fee Schedule.
(l)
Scheduling Courtrooms.
(m)
Officers and Employees of the Court; Practice of Law.
77.1.
Case Management.
(a)
Responsibility.
(b)
Scheduling.
77.2.
Clerk Authorized To Act on Certain Motions.
(a)
Motions Enumerated.
(b)
Maximum Time Allowable.
(c)
Denial of Motions for Enlargement.
(d)
Review by the Court.
77.3.
Withdrawal of Papers, Exhibits and In Camera Documents.
(a)
Temporary Withdrawal.
(b)
Withdrawal for Trial.
(c)
Permanent Withdrawal.
(d)
Physical Exhibits and In Camera Documents.
77.4.
Taxation of Costs.
(a)
Filing Bill of Costs.
(b)
Objections to Bill of Costs.
(c)
Costs in Settlements.
(d)
No Extensions.
78.
Motions Day.
79.
Books and Records Kept by the Clerk and Entries Therein.
(a)
Docket.
(b)
Judgments and Orders.
(c)
Indices; Calendars.
(d)
Other Books and Records of the Clerk.
80.
Reporter; Record or Transcript as Evidence.
(a)
Reporter.
(b)
Preparation of Transcript and Exhibits.
(c)
Copies of Transcript.
(d)
Report or Transcript as Evidence.

        

TITLE XI. GENERAL PROVISIONS

81.
Attorneys.
(a)
Attorneys Eligible To Practice.
(b)
Admission to Practice.
(c)
Disbarment.
(d)
Attorneys of Record.
(e)
Application for Attorneys' Fees and Expenses.
81.1.
Legal Assistance by Law Students.
(a)
Appearance.
(b)
Activities.
(c)
Eligibility.
(d)
Supervising Attorneys.
82.
Form, Size and Duplication of all Papers.
(a)
General.
(b)
Duplication.
(c)
Form and Size.
(d)
Date.
(e)
Telephone Number.
83.
Number of Copies.
83.1.
Content of Briefs or Memoranda; Length of Briefs or Memoranda.
(a)
Content of Briefs or Memoranda.
(b)
Length of Briefs or Memoranda.
83.2.
Time for Filing.
(a)
Responses and Objections.
(b)
Replies.
(c)
Motions Under Rules 12(b), 12(c) and 56.
(d)
Leave of Court.
(e)
Cross-motions.
(f)
Reconsideration of Orders.
84.
Transfers and Referrals.
(a)
Transfers from Other Courts.
(b)
Referral of Cases by the Comptroller General.
85.
Title.
86.
Effective Date.

        

APPENDICES

A.
Instructions to Reporters; Forms.
B.
Procedures for Processing Complaints of Judicial Misconduct Pursuant to 28 U.S.C. §372(c).
C.
Procedure in Common Carrier Cases.
D.
Procedure in Congressional Reference Cases (28 U.S.C. §§1492, 2509).
E.
Application for Attorneys' Fees Under Equal Access to Justice Act.
F.
United States Court of Federal Claims Rules of Disciplinary Enforcement.
G.
Procedures Before Trial.
H.
Motions.
I.
Bill of Costs.
J.
Vaccine Rules of the United States Court of Federal Claims.
K.
United States Court of Federal Claims Cover Sheet.
L.
United States Court of Federal Claims Subpoena.
 
Vaccine Subpoena.

        

* * * * *

The rules of the United States Court of Federal Claims are based upon the Federal Rules of Civil Procedure (Fed. R. Civ. P. or the Federal Rules). For ease of reference to rulings in Federal Rules Decisions on comparable rules, chapter titles and rule numbers of the Court of Federal Claims rules follow closely the Fed. R. Civ. P. Amendments and additions to the Federal Rules have been made as required to give effect to the jurisdictional differences of the Court of Federal Claims. Federal Rules which are not applicable to the Court of Federal Claims have been omitted, and subdivisions of the Federal Rules that have not been used, either in amended or supplemented form, are so designated.

Federal Rules of Civil Procedure Omitted

Rule
22.
Interpleader.
23.1.
Derivative Actions by Shareholders.
23.2.
Actions Relating to Unincorporated Associations.
38.
Jury Trial of Right.
47.
Jurors.
48.
Juries of Less than Twelve-Majority Verdict.
49.
Special Verdicts and Interrogatories.
50.
Motion for a Directed Verdict and for Judgment Notwithstanding the Verdict.
51.
Instructions to Jury; Objection.
64.
Seizure of Person or Property.
66.
Receivers Appointed by Federal Courts.
67.
Deposit in Court.
69.
Execution.
70.
Judgment for Specific Acts; Vesting Title.
71.
Process in Behalf of and Against Persons Not Parties.
71A.
Condemnation of Property.
73.
Appeal to a Court of Appeals.
74.
Joint Appeals to the Supreme Court or to a Court of Appeals.
75.
Record on Appeal to a Court of Appeals.
76.
Record on Appeal to a Court of Appeals; Agreed Statement.

        

* * * * *

RULES OF THE UNITED STATES COURT OF FEDERAL CLAIMS

The United States Claims Court was created by the Federal Courts Improvement Act of 1982 (Pub. L. No. 97–164, 96 Stat. 25 (1982)), and redesignated the United States Court of Federal Claims by the Federal Courts Administration Act of 1992 ( Pub. L. 102–572, 106 Stat. 4516 ). It inherited substantially all of the jurisdiction formerly exercised by the United States Court of Claims. Section 139(b)(1) of the Act, 28 U.S.C. §2503(b), authorizes the United States Court of Federal Claims to prescribe rules of practice and procedure for its proceedings.