RULES OF THE UNITED STATES COURT OF FEDERAL CLAIMS

(Revised March 19, 2002, effective May 1, 2002, as amended to January 19, 2004)

General Order No. 41 Rule 18. of Claims and Remedies. IT IS ORDERED this date that the attached 19. Joinder of Persons Needed for Just Adjudica- rules [set out below] are adopted as the Rules of tion. the United States Court of Federal Claims effec- 20. Permissive Joinder of Parties. tive May 1, 2002. IT IS FURTHER ORDERED 21. Misjoinder and Non-Joinder of Parties. 22. . [Not used]. that General Orders 1 through 39 are revoked ef- 23. Class Actions. fective May 1, 2002. 23.1. Derivative Actions by Shareholders. March 19, 2002 23.2. Actions Relating to Unincorporated Associa- By the Court tions. [Not used.] LAWRENCE M. BASKIR 24. . Chief Judge 25. Substitution of Parties. V. DEPOSITIONS AND Change of Name 26. General Provisions Governing Discovery; References to United States Claims Court Duty of Disclosure. deemed to refer to United States Court of Fed- 27. Depositions Before Action or Pending Appeal. eral Claims and references to Claims Court 28. Persons Before Whom Depositions may be Taken. deemed to refer to Court of Federal Claims, see 29. Stipulations Regarding Discovery Procedure. section 902(b) of Pub. L. 102–572, set out as a note 30. Depositions Upon Oral Examination. under section 171 of this title. 31. Depositions Upon Written Questions. 32. Use of Depositions in Court Proceedings. RULES 33. to Parties. 34. Production of Documents and Things and TABLE OF CONTENTS Entry Upon Land. I. SCOPE OF RULES—ONE FORM OF ACTION 35. Physical and Mental Examinations of Per- sons. Rule 36. Requests for Admission. 1. Scope and Purpose of Rules. 37. Failure to Make Disclosure or Cooperate in 2. One Form of Action. Discovery; Sanctions. II. COMMENCEMENT OF ACTION; SERVICE OF VI. PROCESS, , MOTIONS, AND ORDERS 38. of Right. [Not used.] 3. Commencement of Action. 39. Trial by Jury or by the Court. [Not used.] 3.1. Transfers and Referrals. 40. Setting Cases for Trial. 4. Serving Upon the United States. 40.1. Assignment and Transfer of Cases. 4.1. Serving Orders in Contempt Proceedings. 40.2. Related Cases. 5. Serving and Filing of Pleadings and Other Pa- 40.3. Complaints Against Judges. pers. 41. Dismissal of Actions. 5.1. Proof of Service. 42. Consolidation; Separate Trials. 5.2. Content of Briefs or Memoranda; Length of 42.1. Motions to Consolidate. Briefs or Memoranda. 43. Taking of Testimony. 5.3. Form, Size, and Duplication of all Papers. 44. Proof of Official Record. 6. Time. 44.1. Determination of Foreign Law. 6.1. Enlargements of Time. 45. Subpoena. III. PLEADINGS AND MOTIONS 46. Exceptions Unnecessary. 47. Selection of Jurors. [Not used.] 7. Pleadings Allowed; Form of Motions. 48. Number of Jurors—Participation in Verdict. 7.1. Disclosure Statement. [Not used.] 7.2. Time for Filing. 49. Special Verdicts and Interrogatories. [Not 8. General Rules of . used.] 9. Pleading Special Matters. 50. as a Matter of Law in Jury Trials. 10. Form of Pleadings. [Not used.] 11. Signing of Pleadings, Motions, and Other Pa- 51. Instructions to Jury: Objection. [Not used.] pers; Representations to Court; Sanctions. 52. Findings by the Court; Judgment on Partial 12. Defenses and Objections. Findings. 13. . 53. Masters. 14. Third-Party Practice. VII. JUDGMENT 15. Amended and Supplemental Pleadings. 16. Pretrial Conferences; Scheduling; Manage- 54. Judgments; Costs. ment. 55. Default. 56. . IV. PARTIES 56.1. Review of Decision on the Basis of Adminis- 17. Parties and ; Capacity. trative Record.

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Rule Rule 56.2. Remand; Extension or Termination of Stay of APPENDIX H Proceedings. PROCEDURE FOR ALTERNATIVE DISPUTE RESO- 57. Declaratory Judgments. LUTION. 58. Entry of Judgment. 58.1. Notice of Appeal. APPENDIX OF FORMS 59. New Trials; Rehearings; Amendment of Judg- FORM 1. ADMISSION INSTRUCTIONS. ments; Reconsideration. FORM 2. COVER SHEET. 60. Relief from Judgment or Order. FORM 3A. REPORTER FORMS. 61. Harmless Error. FORM 3B. CERTIFICATE OF REPORTER. 62. Stay of Proceedings to Enforce a Judgment. FORM 4. BILL OF COSTS. 63. Inability of a Judge to Proceed. FORM 5. EAJA FORM. VIII. PROVISIONAL AND FINAL REMEDIES FORM 6. SUBPOENA. 64. Seizure of Person or Property. [Not used.] FORM 7. CAPTION OF ALL FILINGS IN VACCINE 65. . CASES. 65.1. Security: Proceedings Against Sureties. FORM 7A. SUBPOENA IN VACCINE CASES. 66. Receivers Appointed by Federal Courts. [Not FORM 8. PROTECTIVE ORDER IN PROCUREMENT used.] PROTEST CASES. 67. Deposit in Court. [Not used.] FORM 9. APPLICATION FOR ACCESS TO INFOR- 68. Offer of Judgment. MATION. 69. Execution. [Not used.] FORM 10. APPLICATION FOR ACCESS TO INFOR- 70. Judgment for Specific Acts; Vesting Title. MATION. [Not used.] FORM 11. SURETY BOND. 71. Process in Behalf of and Against Persons Not FORM 12. SUPERSEDEAS BOND. Parties. [Not used.] FORM 13. BOND WITH COLLATERAL. IX. SPECIAL PROCEEDINGS * * * * * 71A. Condemnation of Property. [Not used.] RULES OF THE UNITED STATES COURT OF 72. Notice of Appeal. [Not used.] 73. Magistrate Judges; Trial by Consent and Ap- FEDERAL CLAIMS peal Options. [Not used.] The United States Court of Federal Claims 74–76. [Abrogated.] (formerly designated United States Claims X. COURT AND CLERK Court) was created by the Federal Courts Im- 77. Court and Clerk. provement Act of 1982 (Pub. L. No. 97–164, 96 77.1. Business Hours, Scheduling and Fees. Stat. 25 (1982)). The court inherited the jurisdic- 77.2. Authorization to Act on Certain Motions. tion formerly exercised by the United States 77.3. Withdrawal of Papers, Exhibits. Court of Claims. Title 28 U.S.C. § 2503(b) author- 78. Motions Day. [Not used.] izes the United States Court of Federal Claims 79. Books and Records Kept by the Clerk and En- to prescribe rules of practice and procedure for tries Therein. 80. Record or Transcript as Evidence. its proceedings. 80.1. Instructions to Reporters. The Federal Rules of Civil Procedure applica- ble to civil actions tried by a United States dis- XI. GENERAL PROVISIONS trict court sitting without a jury have been in- 81. Applicability in General. [Not used.] corporated into the following rules to the extent 82. and Unaffected. [Not appropriate for proceedings in this court. used.] 83. Rules by Court of Federal Claims; Judge’s Di- RULES COMMITTEE NOTE rectives. 83.1. Attorneys. In this 2002 revision, the court has endeavored to cre- 83.2. Rules of Disciplinary Enforcement. ate a set of rules that conforms to the Federal Rules of 83.3. Legal Assistance by Law Students. Civil Procedure as amended through November 30, 2001, 83.4. Advisory Council. to the extent practicable given differences in jurisdic- 84. Forms. tion between the United States district courts and the 85. Title. United States Court of Federal Claims. Consistent with 86. Effective Date. this objective, interpretation of the court’s rules will be guided by case law and the Advisory Committee APPENDIX A Notes that accompany the Federal Rules of Civil Proce- CASE MANAGEMENT PROCEDURE. dure. The court’s own Rules Committee Notes are in- tended primarily to state the source of a given rule but APPENDIX B in some instances also provide interpretive guidance. VACCINE RULES. Future revisions to these rules will be posted on the court’s website at www.uscfc.uscourts.gov. APPENDIX C PROCEDURE IN PROCUREMENT PROTEST CASES. I. SCOPE OF RULES—ONE FORM OF ACTION APPENDIX D Rule 1. Scope and Purpose of Rules PROCEDURE IN CONGRESSIONAL REFERENCE CASES. These rules govern the procedure in the APPENDIX E United States Court of Federal Claims in all suits. They shall be construed and administered PROCEDURE IN CARRIER CASES. to secure the just, speedy, and inexpensive de- APPENDIX F termination of every action.

PROCEDURE IN TAX PARTNERSHIP CASES. RULES COMMITTEE NOTE APPENDIX G The Rules of the United States Court of Federal PROCEDURE IN INDIAN CLAIMS COMMISSION Claims are drawn under the authority of 28 U.S.C. CASES. §§ 2071(a), (c); 2503(b) (generally) and 2521(a) (subpoena