Rule 39. Attorney Fees and Expenses

(a) Time for filing. An application pursuant to 28 U.S.C. §2412 for award of attorney fees and other expenses in connection with an appeal must be filed with the Clerk within 30 days after this Court's judgment becomes final. See also 28 U.S.C. §2412(d)(2)(G) and 38 U.S.C. §7291(a). Such an application may be filed by facsimile sent to the Clerk of the Court.

[(b) Content.] (Rescinded Aug. 16, 1996)

(c) Response. Within 30 days after service of the application, the Secretary shall file and serve a response, stating which elements of the application are not contested and explaining the Secretary's position on those elements which are contested.

(d) Reply. Within 30 days after service of the Secretary's response, the applicant may file and serve a reply addressing those matters contested by the Secretary.

(e) Appendices. The parties shall file as appendices to the application, response, and reply those relevant papers which are not already before the Court.

(As amended Aug. 16, 1996, eff. Aug. 16, 1996; Feb. 11, 1998, eff. Apr. 1, 1998.)