Rule 45. Duties of Clerk

(a) General Provisions. The Clerk shall take the oath required by law. Neither the Clerk nor any deputy clerk may practice as an attorney or counselor in any court while continuing in office. The Court will be deemed always open for the purpose of filing any proper paper, of issuing and returning process, and of making motions and orders. The office of the Clerk, with the Clerk or a deputy clerk in attendance, will be open during business hours on all days except Saturdays, Sundays, and legal holidays (as defined in Rule 26(a)) from 9:00 a.m. to 4:00 p.m. A night box will be available at the entrance to the Public Office from 4:00 p.m. to 6:00 p.m. on such business days.

(b) The Docket; Calendar; Other Records Required. The Clerk shall:

(1) maintain a docket containing a record of all papers filed with the Clerk, and all process, orders, and judgments;

(2) maintain an index of cases contained in the docket;

(3) prepare, under the direction of the Court, a calendar of cases submitted or awaiting argument; and

(4) keep such other books and records as may be required by the Court.

(c) Notice of Court Actions. Immediately upon issuance of an opinion, memorandum decision, or order, or entry of judgment, the Clerk shall send a copy to each party to the proceeding, and shall note the date of issuance in the docket.

(d) Custody of Records and Papers. The Clerk shall have custody of the records and papers of the Court. The Clerk shall not permit any original record or paper to be taken from the Clerk's custody except as authorized by the United States Supreme Court, the United States Court of Appeals for the Federal Circuit, or this Court. Original papers transmitted as the record on appeal will be returned upon disposition of the case. The Clerk shall preserve copies of briefs and appendices and other printed papers filed.

(e) Court Seal. The Clerk shall be the custodian of the seal of the Court. The seal will appear as ordered by the Court. The seal will be the means of authentication of all records and certificates and process issued from this Court.

(f) Schedule of Fees. The Clerk shall maintain in the Public Office a schedule of fees approved by the Court.

(g) Motions. The Clerk may act on motions, if consented to or unopposed, that seek to:

(1) dismiss an appeal or an application for extraordinary relief with or without prejudice to reinstate it;

(2) remand a case;

(3) reinstate a case that was dismissed for failure to comply with the rules;

(4) extend the time for taking any action required or permitted by the rules or an order of the Court, unless the motion is made after the time limit has elapsed;

(5) consolidate appeals;

(6) withdraw or substitute an appearance; or

(7) correct a brief or other paper.

(h) Applications for Attorney Fees and Expenses. The Clerk may act on an application for attorney fees and expenses filed pursuant to 28 U.S.C. §2412 (EAJA) when the Secretary does not contest the application, and on joint motions to dismiss EAJA applications.

(i) Construction of Rules in Self-Representation Cases. The Clerk shall liberally construe the rules as they apply to appellants representing themselves.

(As amended Apr. 30, 1998.)

Fee Schedule

It is ORDERED, pursuant to Rule 45(f), that the following revised schedule of fees approved by the Court is announced. The fees marked * apply to services on behalf of the United States, if the information requested is available through electronic access. The only change is marked by # :

For filing Notice of Appeal or Petition for Extraordinary Relief in this Court, but not when the Court orders case redocketing for its administrative convenience	$50.00
For filing Notice of Appeal to the U.S. Court of Appeals for the Federal Circuit (fee set by that court, payable to this Court)	105.00
For reproducing a paper copy from original documents or from microfiche or microfilm reproductions of original records, per copy page	.50*
For each microfiche sheet of film or microfilm jacket copy of any Court record, when available	3.00
For reproducing audio or video tape recording, including cost of materials	15.00
For searching Court records, per name or item searched	15.00*
For retrieval of a Court record from a Federal Records Center or National Archives	25.00
For certifying a document or paper, whether certification is made directly on the document or by separate instrument	5.00
For application for admission to practice before the Court	30.00
For a certificate of admission to practice, suitable for framing (fee set by, and payable to, printer)	25.65#
For processing a check paid to the Court which is returned for lack of funds (fee set by National Finance Center)	6.00

DATED: June 9, 1998

FOR THE COURT:        

ROBERT F. COMEAU       

Clerk of the Court