RULE 52. ENTRY OF JUDGMENT When the Court directs the entry of judgment, the Clerk shall enter judgment forthwith upon receipt by him of the direction. The notation of a judgment on the docket, as provided in Rule 73, constitutes the entry of judgment. RULE 53. REHEARING; AMENDMENT OF JUDGMENTS; (a) Grounds: (1) A rehearing may be granted, a judgment may be altered or amended, or a new trial may be granted when any party questions the correctness or the sufficiency of the Court's conclusions on its findings of fact, or desires to amend the same, or on any ground established by rules of common law or equity applicable as between private parties. (2) The Court, at any time while any suit is pending before it, or after proceedings for review have been instituted, or within two years after the final disposition of the suit, may grant the United States a new trial and stay the payment of any judgment upon satisfactory evidence, cumulative or otherwise, that any fraud, wrong, or injustice has been done the United States. (b) Action by Court: On a motion for a rehearing, on a motion to alter or amend a judgment, or on a motion for a new trial, the Court may open the judgment if one has been entered, take additional testimony, amend findings of fact and conclusions of law or make new findings and conclusions, and direct the entry of a new judgment. (c) Time for Motion: Except as provided in subsection (a) (2) of this rule, a motion for a rehearing or a motion to alter or amend a judgment or a motion to grant a new trial shall be filed not later than 30 days after the entry of the judgment. (d) Time for Serving Affidavits: When a motion for new trial is based upon affidavits they shall be served with the motion. The opposing party has 30 days after such service within which to file opposing affidavits for service upon the moving party. The Court may permit reply affidavits. (e) On Initiative of Court: Not later than 30 days after entry of judgment, the Court, of its own initiative, may order a rehearing or a new trial or alter or amend a judgment for any reason for which it might have granted a rehearing or a new trial, or have altered or amended a judgment on motion of a party. RULE 54. RELIEF FROM JUDGMENT OR ORDER (a) Clerical Mistakes: Clerical mistakes in judgments, orders or other parts of the record and errors therein arising from oversight or omission may be corrected by the Court at any time of its own initiative or on the motion of any party and after such notice, if any, as the Court orders. (b) Mistakes; Inadvertence; Excusable Neglect; Newly Discovered Evidence; Fraud, etc.: On motion and upon such terms as are just, the Court may relieve a party or his legal representative from a final judgment, order, or proceeding for the following reasons: (1) mistake, inadvertence, surprise, or excusable neglect; (2) newly discovered evidence which by due diligence could not have been discovered in time to move for a new trial under Rule 53 (c); (3) fraud (whether heretofore denominated intrinsic or extrinsic), misrepresentation, or other misconduct of an adverse party; (4) the judgment is void; (5) the judgment has been satisfied, released, or discharged, or a prior judgment upon which it is based has been reversed or otherwise vacated, or it is no longer equitable that the judgment should have prospective application; or (6) any other reason justifying relief from the operation of the judgment. The motion shall be made within a reasonable time, and for reasons (1), (2), and (3) not more than one year after the judgment, order, or proceeding was entered or taken. A motion under this subdivision (b) does not affect the finality of a judgment or suspend its operation. This rule does not limit the power of the Court to entertain an independent action to relieve a party from a judgment, order, or proceeding, or to set aside a judgment for fraud upon the Court. The relief provided by this rule shall be in addition to the relief available to the United States under Rule 53 (a) (2). RULE 55. HARMLESS ERROR No error in either the admission or the exclusion of evidence and no error or defect in any ruling or order or in anything done or omitted by the Court or Commissioners or by any of the parties is ground for granting a new trial or for vacating, modifying, or otherwise disturbing a judgment or order, unless refusal to take such action appears to the Court inconsistent with substantial justice. The Court and Commissioners at every stage of the proceeding must disregard any error or defect in the proceeding which does not affect the substantial rights of the parties. RULE 56. FILING AND SERVICE OF MOTIONS, BRIEFS AND RESPONSES PURSUANT TO CHAPTER VI (a) Any motion made pursuant to Rules 53 and 54 shall be accompanied by a brief of the moving party, a copy of which shall be served upon the adverse party as provided in Rule 3. The adverse party shall file his brief in response thereto within 15 days after service of such motion. (b) All motions, briefs, and papers filed pursuant to this chapter (VI) may be in typewritten form provided that in any case the printing thereof may be required by the Court. In all cases each party shall file 6 legible typewritten copies plus one additional legible copy for each adverse party, which shall be served as provided in Rule 3. RULE 57. WRITS OF CERTIORARI (a) Notice and Designation of Contents of Record: Upon the rendition of any judgment in any case which is reviewable by certiorari, it shall be the duty of the Clerk to furnish a certified transcript of the record in said case, upon written application therefor stating that the plaintiff or the United States or a third party, as the case may be, intends to file a petition for a writ of certiorari. The application shall be filed at least 20 days prior to the time the applicant is required to file his petition in the Supreme Court, and, unless the applicant has designated for inclusion the complete record and all the proceedings and evidence in the case, the application shall be accompanied by (1) a concise statement of the points on which applicant intends to rely; and (2) a designation indicating the portions of the record to be incorporated into the transcript. Unless the application is accompanied by written acknowledgment showing that each adverse party has received a copy of the application, statement of points and designation, the applicant shall file additional copies thereof with the Clerk for service as provided in Rule 3. (b) Cross-Designation by Adverse Party: Within 10 days after the service required by (a), the opposing party or parties shall file a designation of additional portions, if any, of the record, proceedings, and evidence to be included in the certified transcript together with an additional copy or copies of the designation for service on the opposite party or parties as provided in Rule 3. (c) Stipulation as to Record: Instead of filing designations as provided in paragraphs (a) and (b) hereof, the parties, by written stipulation filed with the Clerk, may designate the parts of the record, proceedings, and evidence to be included in the certified transcript. (d) Preparation of Record: Whenever a certified transcript of the record is requested by either party for the purpose of filing a petition for writ of certiorari, the Clerk shall prepare and certify the pleadings, Commissioner's report (if any), findings of fact, conclusion of law, judgment and opinion of the Court, and if either or both of the parties desire other parts of the record, the parties making the designation of the record shall file with the Clerk an original and one copy of such parts of the record. For good cause shown, and upon such terms as the Court, the Chief Judge, or a Judge may order, the Clerk may be authorized to certify and transmit to the Supreme Court the original record on file in the Clerk's office, or parts thereof, instead of, or in addition to, copies supplied by the parties. (e) Printing: Determination of the parts of the certified transcript of record which shall be printed, and the manner of the printing* and the supervision thereof, shall be as prescribed in the Rules of the Supreme Court. *NOTE. In order to minimize the cost of printing the record, it is suggested that, where feasible, the parties file with the Clerk of the Supreme Court a stipulation to the effect that, for purposes of the consideration of the petition for certiorari, only the documents required by paragraph (d) of this rule need be printed, that the parties reserve the right to refer to any other portions of the record certified to the Supreme Court, and that if the petition for certiorari is granted, the parties may designate additional portions of the record for printing. (See Supreme Court Rules 13 and 41.) |