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RULES of the UNITED STATES COURT of FEDERAL CLAIMS As RULES OF THE UNITED STATES COURT OF FEDERAL CLAIMS As amended through July 15, 2011 TABLE OF CONTENTS TITLE I. SCOPE OF RULES; FORM OF ACTION.................................. 5 Rule 1. Scope and Purpose. ................................................... 5 Rule 2. One Form of Action................................................... 5 TITLE II. COMMENCING AN ACTION; SERVICE OF PROCESS, PLEADINGS, MOTIONS, AND ORDERS............................................. 6 Rule 3. Commencing an Action. ............................................... 6 Rule 3.1. Transfers and Referrals................................................. 6 Rule 4. Serving a Complaint on the United States. 7 Rule 4.1. Serving an Order in a Contempt Proceeding. 7 Rule 5. Serving and Filing Pleadings and Other Papers. 8 Rule 5.1. Constitutional Challenge to a Statute—Notice, Certification, and Intervention [Not used.]......................................................... 10 Rule 5.2. Privacy Protection For Filings Made with the Court .. 10 Rule 5.3. Proof of Service ..................................................... 11 Rule 5.4. Contents and Length of a Brief or Memorandum.. 12 Rule 5.5. Format of Filings and Required Information. 14 Rule 6. Computing and Extending Time; Time for Motion Papers. 15 Rule 6.1 Motion for an Enlargement of Time...................................... 17 TITLE III. PLEADINGS AND MOTIONS......................................... 18 Rule 7. Pleadings Allowed; Form of Motions and Other Papers. 18 Rule 7.1. Disclosure Statement. ................................................ 18 Rule 7.2. Time for Filing...................................................... 18 Rule 8. General Rules of Pleading. ............................................ 19 Rule 9. Pleading Special Matters. ............................................. 20 Rule 10. Form of Pleadings.................................................... 22 Rule 11. Signing Pleadings, Motions, and Other Papers; Representations to the Court; Sanctions.......................................................... 22 Rule 12. Defenses and Objections: When and How Presented; Motion for Judgment on the Pleadings; Consolidating Motions; Waiving Defenses; Pretrial Hearing.. 24 Rule 13. Counterclaim........................................................ 26 Rule 14. Third-Party Practice.................................................. 27 Rule 15. Amended and Supplemental Pleadings.. 29 Rule 16. Pretrial Conferences; Scheduling; Management.. 30 TITLE IV. PARTIES. ......................................................... 34 Rule 17. Plaintiff and Defendant; Capacity........................................ 34 Rule 18. Joinder of Claims .................................................... 35 Rule 19. Required Joinder of Parties............................................. 35 Rule 20. Permissive Joinder of Parties........................................... 36 Rule 21. Misjoinder and Nonjoinder of Parties. 36 Rule 22. Interpleader [Not used.]. .............................................. 36 Rule 23. Class Actions. ...................................................... 37 Rule 23.1.Derivative Actions. .................................................. 40 i Rule 23.2. Actions Relating to Unincorporated Associations [Not used.]. 41 Rule 24. Intervention......................................................... 41 Rule 25. Substitution of Parties................................................. 41 TITLE V. DISCLOSURES AND DISCOVERY..................................... 43 Rule 26. Duty to Disclose; General Provisions Governing Discovery. 43 Rule 27. Depositions to Perpetuate Testimony. 49 Rule 28. Persons Before Whom Depositions May Be Taken. 50 Rule 29. Stipulations About Discovery Procedure. 51 Rule 30. Depositions by Oral Examination........................................ 51 Rule 31. Depositions by Written Questions. ...................................... 55 Rule 32. Using Depositions in Court Proceedings. 56 Rule 33. Interrogatories to Parties............................................... 58 Rule 34. Producing Documents, Electronically Stored Information, and Tangible Things, or Entering onto Land, for Inspection and Other Purposes. 59 Rule 35. Physical and Mental Examinations....................................... 60 Rule 36. Requests for Admission. .............................................. 61 Rule 37. Failure to Make Disclosures or to Cooperate in Discovery; Sanctions. 62 TITLE VI. TRIALS............................................................ 66 Rule 38. Right to a Jury Trial; Demand [Not used.]. 66 Rule 39. Trial by Jury or by the Court [Not used.]. 66 Rule 40. Scheduling Cases for Trial............................................. 66 Rule 40.1. Assigning and Transferring Cases. 66 Rule 40.2.Related Cases....................................................... 66 Rule 40.3.Complaints Against Judges............................................. 68 Rule 41. Dismissal of Actions.................................................. 69 Rule 42. Consolidation; Separate Trials.......................................... 70 Rule 42.1.Motion to Consolidate. ............................................... 70 Rule 43. Taking Testimony.................................................... 71 Rule 44. Proving an Official Record............................................. 71 Rule 44.1.Determining Foreign Law.............................................. 72 Rule 45. Subpoena........................................................... 72 Rule 46. Objecting to a Ruling or Order.......................................... 76 Rule 47. Selecting Jurors [Not used.]............................................ 76 Rule 48. Number of Jurors; Verdict [Not used.].. 76 Rule 49. Special Verdict; General Verdict and Questions [Not used.].. 76 Rule 50. Judgment as a Matter of Law in a Jury Trial; Related Motion for a New Trial; Conditional Ruling [Not used.]. 76 Rule 51. Instructions to the Jury; Objections; Preserving a Claim of Error [Not used.].. 76 Rule 52. Findings and Conclusions by the Court; Judgment on Partial Findings.. 76 Rule 52.1.Administrative Record................................................ 77 Rule 52.2.Remanding a Case.................................................... 78 Rule 53. Masters............................................................ 79 TITLE VII. JUDGMENT........................................................ 82 Rule 54. Judgment; Costs..................................................... 82 ii Rule 55. Default; Default Judgment............................................. 84 Rule 56. Summary Judgment................................................... 84 Rule 56.1 Review of a Decision on the Basis of the Administrative Record [Abrogated (eff. June 20, 2006).]....................................... 86 Rule 56.2 Remanding a Case [Renumbered as RCFC 52.2 (eff. June 20, 2006).]. 86 Rule 57. Declaratory Judgment................................................. 86 Rule 58. Entering Judgment. .................................................. 86 Rule 58.1.Notice of Appeal..................................................... 87 Rule 59. New Trial; Reconsideration; Altering or Amending a Judgment . 87 Rule 60. Relief From a Judgment or Order........................................ 89 Rule 61. Harmless Error...................................................... 89 Rule 62. Stay of Proceedings to Enforce a Judgment. 90 Rule 62.1 Indicative Ruling on Motion for Relief That is Barred by a Pending Appeal. 91 Rule 63. Judge’s Inability to Proceed............................................ 91 TITLE VIII. PROVISIONAL AND FINAL REMEDIES.. 92 Rule 64. Seizing a Person or Property [Not used.]. 92 Rule 65. Injunctions and Restraining Orders. 92 Rule 65.1.Proceedings Against a Surety........................................... 93 Rule 66. Receivers [Not used.]................................................. 93 Rule 67. Deposit into Court [Not used.].......................................... 93 Rule 68. Offer of Judgment.................................................... 93 Rule 69. Execution [Not used.]................................................. 94 Rule 70. Enforcing a Judgment for a Specific Act [Not used.].. 94 Rule 71. Enforcing Relief For or Against a Nonparty . 94 TITLE IX. SPECIAL PROCEEDINGS. ........................................... 95 Rule 71.1. Condemning Real or Personal Property [Not used.].. 95 Rule 72. Magistrate Judges: Pretrial Order [Not used.].. 95 Rule 73. Magistrate Judges: Trial by Consent; Appeal [Not used.]. 95 Rule 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.].. 95 Rule 75. Proceedings On Appeal From Magistrate Judge to District Judge Under Rule 73(d) [Abrogated in FRCP.].. 95 Rule 76. Judgment of the District Judge on the Appeal Under Rule 73(d) and Costs [Abrogated in FRCP.]................................................ 95 TITLE X. COURT AND CLERK: CONDUCTING BUSINESS; ISSUING ORDERS.. 96 Rule 77. Conducting Business; Clerk’s Authority; Notice of an Order or Judgment.. 96 Rule 77.1. Business Hours, Scheduling, and Court Fees. 97 Rule 77.2. Authorization to Act on Certain Motions. 98 Rule 77.3. Withdrawing, Disposing of, and Unsealing Papers and Exhibits.. 98 Rule 78. Hearing Motions; Submission on Briefs [Not used.]. 99 Rule 79. Records Kept by the Clerk............................................. 99 Rule 80. Stenographic Transcript as Evidence. 100 Rule 80.1.Court Reporters....................................................
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