(Revised March 19, 2002, effective May 1, 2002, as amended to January 2, 2006)
General Order No. 41
IT IS ORDERED this date that the attached rules [set out below] are adopted as the Rules of the United States Court of Federal Claims effective May 1, 2002. IT IS FURTHER ORDERED that General Orders 1 through 39 are revoked effective May 1, 2002.
March 19, 2002
By the Court
Lawrence M. Baskir
Chief Judge
Change of Name
References to United States Claims Court deemed to refer to United States Court of Federal Claims and references to Claims Court deemed to refer to Court of Federal Claims, see section 902(b) of
Pub. L. 102–572, set out as a note under section
171 of this title.
RULES
TABLE OF CONTENTS
I. SCOPE OF RULES—ONE FORM OF ACTION
Rule
1.
Scope and Purpose of Rules.
2.
One Form of Action.
II. COMMENCEMENT OF ACTION; SERVICE OF PROCESS, PLEADINGS, MOTIONS, AND ORDERS
3.
Commencement of Action.
3.1.
Transfers and Referrals.
4.
Serving Complaints Upon the United States.
4.1.
Serving Orders in Contempt Proceedings.
5.
Serving and Filing of Pleadings and Other Papers.
5.1.
Proof of Service.
5.2.
Content of Briefs or Memoranda; Length of Briefs or Memoranda.
5.3.
Form, Size, and Duplication of all Papers.
6.
Time.
6.1.
Enlargements of Time.
III. PLEADINGS AND MOTIONS
7.
Pleadings Allowed; Form of Motions.
7.1.
Disclosure Statement.
7.2.
Time for Filing.
8.
General Rules of Pleading.
9.
Pleading Special Matters.
10.
Form of Pleadings.
11.
Signing of Pleadings, Motions, and Other Papers; Representations to Court; Sanctions.
12.
Defenses and Objections—When and How Presented—By Pleading or Motion—Motion for Judgment on Pleadings.
13.
Counterclaim.
14.
Third-Party Practice.
15.
Amended and Supplemental Pleadings.
16.
Pretrial Conferences; Scheduling; Management.
IV. PARTIES
17.
Parties Plaintiff and Defendant; Capacity.
18.
Joinder of Claims and Remedies.
19.
Joinder of Persons Needed for Just Adjudication.
20.
Permissive Joinder of Parties.
21.
Misjoinder and Non-Joinder of Parties.
22.
Interpleader. [Not used.]
23.
Class Actions.
23.1.
Derivative Actions by Shareholders.
23.2.
Actions Relating to Unincorporated Associations. [Not used.]
24.
Intervention.
25.
Substitution of Parties.
V. DEPOSITIONS AND DISCOVERY
26.
General Provisions Governing Discovery; Duty of Disclosure.
27.
Depositions Before Action or Pending Appeal.
28.
Persons Before Whom Depositions May Be Taken.
29.
Stipulations Regarding Discovery Procedure.
30.
Depositions Upon Oral Examination.
31.
Depositions Upon Written Questions.
32.
Use of Depositions in Court Proceedings.
33.
Interrogatories to Parties.
34.
Production of Documents and Things and Entry Upon Land for Inspection and Other Purposes.
35.
Physical and Mental Examinations of Persons.
36.
Requests for Admission.
37.
Failure to Make Disclosure or Cooperate in Discovery; Sanctions.
VI. TRIALS
38.
Jury Trial of Right. [Not used.]
39.
Trial by Jury or by the Court. [Not used.]
40.
Setting Cases for Trial.
40.1.
Assignment and Transfer of Cases.
40.2.
Related Cases.
40.3.
Complaints Against Judges.
41.
Dismissal of Actions.
42.
Consolidation; Separate Trials.
42.1.
Motions to Consolidate.
43.
Taking of Testimony.
44.
Proof of Official Record.
44.1.
Determination of Foreign Law.
45.
Subpoena.
46.
Exceptions Unnecessary.
47.
Selection of Jurors. [Not used.]
48.
Number of Jurors—Participation in Verdict. [Not used.]
49.
Special Verdicts and Interrogatories. [Not used.]
50.
Judgment as a Matter of Law in Jury Trials; Alternative Motion for New Trial; Conditional Rulings. [Not used.]
51.
Instructions to Jury; Objections; Preserving a Claim of Error. [Not used.]
52.
Findings by the Court; Judgment on Partial Findings.
53.
Masters.
VII. JUDGMENT
54.
Judgments; Costs.
55.
Default.
56.
Summary Judgment.
56.1.
Review of Decision on the Basis of Administrative Record.
56.2.
Remand; Extension or Termination of Stay of Proceedings on Remand; Disposition of Case.
57.
Declaratory Judgments.
58.
Entry of Judgment.
58.1.
Notice of Appeal.
59.
New Trials; Rehearings; Amendment of Judgments; Reconsideration.
60.
Relief from Judgment or Order.
61.
Harmless Error.
62.
Stay of Proceedings to Enforce a Judgment.
63.
Inability of a Judge to Proceed.
VIII. PROVISIONAL AND FINAL REMEDIES
64.
Seizure of Person or Property. [Not used.]
65.
Injunctions.
65.1.
Security: Proceedings Against Sureties.
66.
Receivers Appointed by Federal Courts. [Not used.]
67.
Deposit in Court. [Not used.]
68.
Offer of Judgment.
69.
Execution. [Not used.]
70.
Judgment for Specific Acts; Vesting Title. [Not used.]
71.
Process in Behalf of and Against Persons Not Parties. [Not used.]
IX. SPECIAL PROCEEDINGS
71A.
Condemnation of Property. [Not used.]
72.
Notice of Appeal. [Not used.]
73.
Magistrate Judges; Trial by Consent and Appeal. [Not used.]
74.
Method of Appeal From Magistrate Judge to District Judge Under Title 28 U.S.C. § 636
(c)(4) and Rule
73
(d). [Abrogated in FRCP.]
75.
Proceedings on Appeal From Magistrate Judge to District Judge Under Rule
73
(d). [Abrogated in FRCP.]
76.
Judgment of the District Judge on the Appeal Under Rule
73
(d) and Costs. [Abrogated in FRCP.]
X. COURT AND CLERK
77.
Court and Clerk.
77.1.
Business Hours, Scheduling, and Fees.
77.2.
Authorization to Act on Certain Motions.
77.3.
Withdrawal of Papers and Exhibits.
78.
Motion Day. [Not used.]
79.
Books and Records Kept by the Clerk and Entries Therein.
80.
Record or Transcript as Evidence.
80.1.
Instructions to Reporters.
XI. GENERAL PROVISIONS
81.
Applicability in General. [Not used.]
82.
Jurisdiction and Venue Unaffected. [Not used.]
83.
Rules by Court of Federal Claims; Judge’s Directives.
83.1.
Attorneys.
83.2.
Rules of Disciplinary Enforcement.
83.3.
Legal Assistance by Law Students.
83.4.
Advisory Council.
84.
Forms.
85.
Title.
86.
Effective Date.
APPENDIX A
CASE MANAGEMENT PROCEDURE.
APPENDIX B
VACCINE RULES OF THE UNITED STATES COURT OF FEDERAL CLAIMS.
APPENDIX C
PROCEDURE IN PROCUREMENT PROTEST CASES PURSUANT TO 28 U.S.C. § 1491
(b).
APPENDIX D
PROCEDURE IN CONGRESSIONAL REFERENCE CASES.
APPENDIX E
PROCEDURE IN CARRIER CASES.
APPENDIX F
PROCEDURE IN TAX PARTNERSHIP CASES.
APPENDIX G
PROCEDURE IN INDIAN CLAIMS COMMISSION CASES.
APPENDIX H
PROCEDURE FOR ALTERNATIVE DISPUTE RESOLUTION.
APPENDIX OF FORMS
FORM
1.
ADMISSION INSTRUCTIONS.
FORM
2.
COVER SHEET.
FORM
3A.
REPORTER FORMS.
FORM
3B.
CERTIFICATE OF REPORTER.
FORM
4.
BILL OF COSTS.
FORM
5.
EAJA FORM.
FORM
6.
SUBPOENA.
FORM
7.
CAPTION OF ALL FILINGS IN VACCINE CASES.
FORM
7A.
SUBPOENA IN VACCINE CASES.
FORM
8.
PROTECTIVE ORDER IN PROCUREMENT PROTEST CASES.
FORM
9.
APPLICATION FOR ACCESS TO INFORMATION UNDER PROTECTIVE ORDER BY OUTSIDE OR INSIDE COUNSEL.
FORM
10.
APPLICATION FOR ACCESS TO INFORMATION UNDER PROTECTIVE ORDER BY EXPERT CONSULTANT OR WITNESS.
FORM
11.
SURETY BOND FOR TEMPORARY RESTRAINING ORDER OR PRELIMINARY INJUNCTION.
FORM
12.
SUPERSEDEAS BOND (SURETY).
FORM
13.
BOND WITH COLLATERAL FOR TEMPORARY RESTRAINING ORDER OR PRELIMINARY INJUNCTION.
* * * * *
RULES OF THE UNITED STATES COURT OF FEDERAL CLAIMS
The United States Court of Federal Claims (formerly designated United States Claims Court) was created by the Federal Courts Improvement Act of 1982 (Pub. L. No. 97–164,
96 Stat. 25 (1982)). The court inherited the jurisdiction formerly exercised by the United States Court of Claims. Title
28 U.S.C. §
2503
(b) authorizes the United States Court of Federal Claims to prescribe rules of practice and procedure for its proceedings.
The Federal Rules of Civil Procedure applicable to civil actions tried by a United States district court sitting without a jury have been incorporated into the following rules to the extent appropriate for proceedings in this court.
Rules Committee Note
In the 2002 revision, the court has endeavored to create a set of rules that conforms to the Federal Rules of Civil Procedure as amended through November 30, 2001, to the extent practicable given differences in jurisdiction between the United States district courts and the United States Court of Federal Claims. Consistent with this objective, interpretation of the court’s rules will be guided by case law and the Advisory Committee Notes that accompany the Federal Rules of Civil Procedure. The court’s own Rules Committee Notes are intended primarily to state the source of a given rule but in some instances also to provide interpretive guidance.
Future revisions to these rules will be posted on the court’s website at www.uscfc.uscourts.gov.
Rules Committee Note—2005 Amendment
The 2005 revision extends the symmetry between these rules and the Federal Rules of Civil Procedure. Immediately after each rule, a parenthetical reference indicates the date of adoption and the dates of any amendments, commencing with the substantial revision and reordering of the rules that occurred in 2002. Each rule is also followed by a Rules Committee Note or Notes explaining the basis and purpose of the rule as revised in 2002 and of any substantive amendments thereafter. The evolution of the court’s rules has been increasingly significant to the court’s work, and the addition of historical Rules Committee Notes should aid both counsel and the court in resolving issues that may arise regarding the rules. Stylistic changes also have been made to various rules and in a few instances, minor substantive revisions have been effected. Each substantive amendment is accompanied by a Rules Committee Note.