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Rules of Civil Procedure
Rules of the
61. 73-76. 6 (c).
77 (a). 77 (d). 79 (a). 79 (b). 79 (c).
I. COMMENCEMENT OF SUIT; SERVICE OF
PROCESS; COMPUTATION OF TIME
RULE 1. COMMENCEMENT OF SUIT
A suit in the United States Court of Claims shall be commenced as follows:
(a) By filing with the Clerk 25 printed copies of a petition;
(b) By filing with the Clerk 3 copies of a typewritten petition and within 20 days thereafter filing 25 printed copies thereof.
On motion assigning good and sufficient cause therefor, the Court may waive the printing of a petition, in which event 11 additional legible typewritten copies of the petition shall be filed within 10 days after the waiver.
RULE 2. SERVICE OF PETITION
Service of the petition shall be made upon the United States as follows:
The Clerk of the Court shall deliver to the Attorney General, or to an agent designated by authority of the Attorney General, copies of the petition as follows:
(a) Ten copies of a printed petition;
When printing is waived pursuant to Rule 1, the Clerk shall forward to the Attorney General, or to his agent, 2 of the additional copies of the typewritten petition.
RULE 3. SERVICE AND FILING OF OTHER PAPERS
Except as provided in Rule 19, relating to third-party procedure, every order required by its terms to be served, every pleading subsequent to the original petition, every written motion, every written notice, application for transcript of record,
and similar papers, shall be served by the Clerk of the Court upon
the party or parties affected thereby as follows: (a) Upon the plaintiff by mailing a copy or copies (where more than one copy is required by these rules) to plaintiff's attorney of record at his address registered with the Clerk as required by Rule 11;
(b) Where plaintiff is not represented by an attorney, by mailing such copy or copies to plaintiff at the address registered with the Clerk as required by Rule 11;
(c) Upon the United States, by delivery of such copy or copies to the Attorney General, or to an agent designated by authority of the Attorney General.
RULE 4. PROOF OF SERVICE
At the time of serving a pleading, motion, or other paper, as provided in Rules 2 and 3, the Clerk shall note the fact of service on the docket and the Clerk's entry on such docket shall be prima facie evidence of service.
RULE 5. TIME
(a) Computation: In computing any period of time prescribed or allowed by these rules, by order of the Court, or by order of a Commissioner, the day of the act, event, or default after which the designated period of time begins to run is not to be included. The last day of the period so computed is to be included, unless it is a Saturday, Sunday, or a legal holiday in the District of Columbia, in which event the period runs until the end of the next day which is neither a Saturday, a Sunday, nor a legal holiday.
The following-named days are legal holidays within the District of Columbia:
New Year's Day, January 1.
Independence Day, July 4.
(b) Enlargement: When by these rules or by a notice given thereunder or by order of the Court or of a Commissioner, an act is required or allowed to be done at or within a specified time, the Court or a Commissioner (in matters where he is authorized to act) for cause may, at any time, in its or his discretion (1) with or without motion or notice, order the period enlarged if request therefor is made before the expiration of the period originally prescribed or as extended by a previous order, or (2) upon motion made after the expiration of the specified period, permit the act to be done where the failure to act was the result of excusable neglect.
(c) Additional Time After Service by Mail: Whenever a party has the right or is required to do some act or take some proceedings within a prescribed period after the service of a pleading, motion, or other paper upon him and the service is made by mail outside of the District of Columbia, 3 days shall be added to the prescribed period for points east of the Mississippi River and 5 days shall be added to the prescribed period for points west of the Mississippi River.
(d) When Time Begins to Run: In computing any period of time prescribed or allowed by these rules, or by order of the Court, or of a Commissioner, the period of time shall commence to run from the date of service of a pleading, motion, or other paper unless otherwise particularly specified in these rules.
(e) Unaffected by Expiration of Term: The period of time provided for the doing of any act or the taking of any proceeding is not affected or limited by the continued existence or expiration of a term of Court.
II. PLEADINGS AND MOTIONS
RULE 6. PLEADINGS ALLOWED
(a) Pleadings: There shall be a petition and an answer; and if the answer contains a counterclaim or a plea of fraud, there shall be a reply to the counterclaim or the plea of fraud. There shall be such third-party pleadings as are permitted by Rule 19. No other pleading shall be allowed, except that the Court may order a reply to an answer, or a responsive pleading to a thirdparty petition or answer.
(b) Demurrers, Pleas, etc., Abolished: Demurrers, pleas, and exceptions for insufficiency of a pleading shall not be used.
RULE 7. MOTIONS AND OTHER PAPERS
(a) Contents of Motions: An application to the Court for an order shall be by written motion. The motion shall state with particularity the grounds therefor and shall set forth the relief or order sought.
(b) Time for Filing Objections and Responses: Objections or responses to motions shall be filed with the Clerk within 10 days after service of the motion, except that objections or responses to motions to dismiss, motions for judgment on the pleadings, or motions for summary judgment shall be filed within 30 days after the service of such motions. Where service is made outside the District of Columbia, the party so served shall have the additional time provided in Rule 5 (c) for filing such objections or responses.
(c) Form: The rules applicable to captions, signing, and other matters relating to the form of pleadings shall apply to all motions and other papers provided for by these rules.
(d) Number of Copies: In the case of a motion to dismiss, a motion for judgment on the pleadings, or a motion for summary judgment, the moving party shall file 6 legible typewritten copies thereof plus one additional copy for each adverse party.