Rule 25. Filing and Service

(a) Filing. A paper 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. Any paper except a brief may be filed by facsimile (fax) sent to the Clerk at (202) 501–5848 if it is:

(1) preceded by a cover sheet showing the sender's name, address, and telephone and fax numbers; the case number and caption; and the number of pages being sent; and

(2) has numbered pages and is not more than ten 8½″ × 11″ pages long. The page limit does not include the cover sheet but does include any supporting documents and the certificate of service. A paper may not be split into multiple transmissions to avoid this page limit.

The sender bears the risk of fax transmission. Court personnel will not provide a confirmed copy, and the sender need not telephone the Court to verify receipt. If all or part of a transmission is illegible, the Court may direct the sender to provide a legible copy by mail.

(b) Timeliness.

(1) Facsimile Filing. A paper may be sent at any time. A paper-except a Notice of Appeal or an Application for Attorney Fees and Expenses-received by the Clerk

(a) on any nonbusiness day or

(b) on any business day before 7:00 a.m. on that day

is considered received on the preceding business day. A Notice of Appeal or an Application for Attorney Fees and Expenses filed by facsimile will be considered received on the day on which it is received.

(2) Other Papers. Except as provided in paragraph (1), all papers must be received by the Clerk or deposited in the night box within the time specified for filing. See Rule 45.

(3) Incarcerated Appellant. A paper filed by an unrepresented appellant confined in an institution is timely filed if deposited in the institution's internal mail system within the time specified for filing, accompanied by evidence showing the date of deposit and stating that first-class postage has been prepaid.

(c) Service of Papers Required. A copy of any paper-except a motion to waive the filing fee-filed by any party or amicus 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. A paper 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 paper filed.

(As amended Feb. 11, 1998, eff. Apr. 1, 1998.)