Such other fees as authorized by the Judicial Conference of the United States, except that no fees are to be charged for services rendered on behalf of the United States. (1) Scheduling courtrooms. The clerk shall schedule the use of courtrooms in Washington, D.C., and shall be responsible for all arrangements for courtrooms and other facilities required by the court at locations other than in Washington, D.C. (m) Officers and employees of the court; practice of law. No person serving as a judge or in any other position with this court shall practice as an attorney or counselor in any court or before any agency of the United States, or otherwise engage in the practice of law, while continuing in that position, except when he represents himself or some member of his immediate family; nor shall any such person, after separating from a position with this court, ever participate, by way of any form of professional consultation or assistance (to anyone other than the court), in any case in which he participated in any way while occupying such position. Rule 77.1. Case Management (a) Responsibility. Case management is the responsibility of the judge to whom the case is assigned, with the assistance of the clerk where appropriate. Each judge shall manage assigned cases so as to provide for the prompt dispatch of business. The judge may determine motions and cases on the merits without oral argument upon written statements of reasons in support and opposition. In the absence of the judge to whom a case is assigned, the chief judge, or, in his absence, a delegate of the chief judge, may act on behalf of the assigned judge. (b) Scheduling. All conferences, oral argument, trials, and other appearances shall be scheduled by the judge by order filed with the clerk. In an emergency, the judge may schedule conferences with counsel for the parties by such informal directions as may be appropriate. Rule 77.2. Clerk Authorized to Act on Certain Motions (a) Motions enumerated. Any motion for enlargement of time to answer or respond to the complaint, for substitution of counsel, for the permanent withdrawal of papers or exhibits theretofore filed by the parties, or for waiver of duplication requirements, which requires action by the court, may be acted upon by the clerk of the court if (1) the motion states that opposing counsel has no objection, (2) no opposition to the motion has been timely filed, or (3) opposing counsel files a consent. (b) Maximum time allowable. In acting on motions for enlargement of time under subdivision (a) of this rule, the total enlargement of time allowed by the clerk with respect to any matter shall not exceed 30 days. (c) Denial of motions for enlargement. The clerk may deny forthwith a motion requesting an enlargement of time if it requires action by the court, and fails to comply with the provisions of Rule 6(b): Provided, That the denial shall state specifically that it is without prejudice to the filing, within 10 days after service of such denial, of a renewed motion for enlargement complying with the provisions of Rule 6(b). (d) Review by the court. Any action taken under this rule may be suspended, altered, or rescinded by the court for cause shown or sua sponte. Rule 77.3. Withdrawal of Papers and Exhibits (a) Temporary withdrawal. The attorney of record for either party, or a party not represented by an attorney, may, except where the court otherwise directs, temporarily withdraw papers and exhibits on file in the clerk's office for a period not to exceed 30 days: Provided, That upon notice from the clerk, the attorney or party may be required to return such papers and exhibits before the expiration of the 30-day period. The attorney or party withdrawing such papers and exhibits shall be required to sign and leave with the clerk a proper receipt describing the papers and exhibits so withdrawn. (b) Withdrawal for trial. The reporter engaged to transcribe the evidence may temporarily withdraw all papers and exhibits for use during any trial session. Upon the withdrawal of papers and exhibits for trial, the reporter shall sign a blanket receipt for such papers and exhibits, and they shall remain in his custody until returned to the clerk's office. (c) Permanent withdrawal. No papers or exhibits shall be permanently withdrawn from the clerk's office except on motion for good cause shown and upon such terms as the court may order. (d) Physical exhibits. All physical exhibits will be disposed of by the clerk after notice to the parties unless withdrawn by a party within 90 days after the final disposition of the case. Rule 79. Books and Records Kept by the Clerk and Entries Therein (a) Docket. The clerk shall keep a book known as "docket" of such form and style as may be prescribed by the Director of the Administrative Office of the United States Courts with the approval of the Judicial Conference of the United States, and shall enter therein each action to which these rules are made applicable. Actions shall be assigned consecutive file numbers. The file number of each action shall be noted on the folio of the docket whereon the first entry of the action is made. All papers filed with the clerk, all process issued and returns made thereon, all appearances, orders, and judgments shall be entered chronologically in the docket on the folio assigned to the action and shall be marked with its file number. These entries shall be brief but shall show the nature of each paper filed or writ issued and the substance of each order or judgment of the court and of the returns showing execution of process. The entry of an order or judgment shall show the date the entry is made. (b) Judgments and orders. The clerk shall keep, in such form and manner as the Director of the Administrative Office of the United States Courts with the approval of the Judicial Conference of the United States may prescribe, a correct copy of every final judgment or appealable order, or order affecting title to or lien upon real or personal property, and any other order which the court may direct to be kept. (c) Indices; calendars. Suitable indices of the docket and of every judgment and order referred to in subdivision (b) of this rule shall be kept by the clerk under the direction of the court. (d) Other books and records of the clerk. The clerk shall also keep such other books and records as may be required from time to time by the Director of the Administrative Office of the United States Courts with the approval of the Judicial Conference of the United States. Rule 80. Reporter; Record or Transcript as Evidence (a) Reporter. The clerk, as authorized by the Director of the Administrative Office of the United States Courts, by negotiated contract, will arrange for reporting services for all trial proceedings, and any other proceedings that require a verbatim transcript, held by the court. (b) Preparation of transcript and exhibits. The preparation of the transcript of trial proceedings, including the exhibits, shall be in conformity with the Instructions to Reporters and Forms contained in Appendix A of these rules. (c) Copies of transcript. The parties may obtain copies of the transcript from the reporter at prices fixed in the reporting contract. (d) Report or transcript as evidence. Whenever the testimony of a witness at a trial or hearing which was reported is admissible in evidence at a later trial, it may be proved by the transcript thereof as duly certified and filed. TITLE XI. GENERAL PROVISIONS Rule 81. Attorneys (a) Attorneys eligible to practice. Only attorneys who are members of the bar of this court and who comply with these rules may enter an appearance, file pleadings, and practice in this court. All attorneys who were members in good standing immediately prior to the effective date of these rules of the bar of the United States Court of Claims become members of the bar of the United States Claims Court and are eligible to practice herein. The clerk's office will not accept for filing any pleading, motion or other paper that is not signed by the attorney of record in the case or by a member of this bar authorized to sign his name on his behalf. (b) Admission to practice. (1) Qualifications; oath. Any person of good moral character who has been admitted to practice in the Supreme Court of the United States, or the highest court of any state, territory, possession, or the District of Columbia, or the United States Court of Appeals for the Federal Circuit, or the United States Court of Appeals for the District of Columbia Circuit, and is in good standing therein, may be admitted to practice in this court upon oral motion or by verified application, as provided in this rule, and upon taking or subscribing to the following oath: I, ▬▬▬▬▬, do solemnly swear (or affirm) that I will support the Constitution of the United States and that I will demean myself in an upright manner as an attorney of this court, so help me God. (2) Upon oral motion. (A) In Washington, D.C.: An oral motion for admission may be made by a member of the bar of this court before any judge, and the judge or the clerk shall administer the oath; (B) Outside Washington, D.C.: An oral motion for admission may be made by a member of the bar of this court before a judge outside Washington, D.C., who shall administer the oath. As a preliminary to the motion, the attorney who moves the admission shall submit to the judge the appropriate form obtained from the judge and completed by the applicant. In the absence of an oral motion for admission in conformity with this subdivision, the applicant may advise the judge of his qualifications as set forth in subdivision (b)(1) of this rule. Upon consideration thereof, and upon representation by the attorney that he will promptly apply to the clerk for admission by verified application as provided in subdivision (b)(3) of this rule, the judge may permit the applicant to participate in the particular proceeding. (3) By verified application. Without need for appearing in person, admission may be made upon presentation to the clerk of a verified application (forms for which may be obtained from the clerk) showing that the applicant is possessed of the qualifications described in subdivision (b)(1) of this rule. The application shall be accompanied by (A) a certificate of a judge or of the clerk of any of the courts specified in subdivision (b)(1) that the applicant is a member of the bar of such court and is in good standing therein; (B) two letters or signed statements of members of the bar of this court or of the Supreme Court of the United States, not related to the applicant, stating that the applicant is personally known to them, that he possesses all the qualifications required for admission to the bar of this court, that they have examined his application, and that they affirm that his personal and professional character and standing are good; and (C) an oath in the form prescribed in subdivision (b)(1) of this rule, signed by the applicant and administered by an officer authorized to administer TITLE 28, APPENDIX-RULES OF CLAIMS COURT oaths in the state, territory, possession, or the (4) Fee for admission. Unless the applicant is an attorney representing the United States before this court, an admission fee of $15 shall be paid in advance in cash or by check payable to "Clerk, United States Claims Court." (5) Admission of foreign attorneys. An attorney, barrister, or advocate who is qualified to practice in the highest court of any foreign state may be specially admitted for purposes limited to a particular case. He shall not, however, be authorized to act as attorney of record. In the case of such applicants, the oath shall not be required and there shall be no fee. Such admission shall be only on written motion of a member of the bar of this court, filed with the clerk at least 3 days prior to the consideration of the motion by the court. (c) Disbarment. Where it is shown to the court that any member of its bar has been disbarred from practice in the Supreme Court of the United States or in any other Federal court, or in any court of record of any state, territory, or possession, or has been guilty of conduct unbecoming a member of the bar of this court, he shall be forthwith suspended from practice before this court; and he shall be disbarred unless he shows good cause to the contrary within 30 days after notice is mailed to him at the address shown in the clerk's records. (d) Attorneys of record. (1) One for each party. There shall be but one attorney of record for a party in any case at any one time, and such attorney of record shall be an individual (and not a firm) who has been admitted to practice before this court. Any other attorneys assisting the attorney of record shall be designated as of counsel. (2) Registration of address. On appearing in an action, the attorney of record shall register with the clerk of the court a post office address to which all notices required by these rules or ordered by the court may be sent. The attorney of record shall notify the clerk of any change of address during the pendency of such action. (3) Change by plaintiff. A plaintiff may by leave of court on motion change his attorney at any time. The motion may be signed by the plaintiff in person, or by the newly designated attorney accompanied by an affidavit of appointment executed by such attorney. If the consent of the previous attorney of record is annexed to or endorsed on the motion, substitution shall be accomplished by an appropriate entry on the docket by the clerk. When the motion is not thus shown to have the consent of the previous attorney, he shall be notified of the filing of the motion, and shall have 10 days to show cause why the motion should not be allowed. (4) Withdrawal of attorney. No attorney of record for a plaintiff or a third party may withdraw his appearance except by leave of Page 782 the court on motion and after notice is served on his client. (5) Death of attorney. If the attorney of record dies, a suggestion of his death shall be made, and a motion to substitute another attorney admitted to practice before this court may be made by the plaintiff. (6) Pro Se. An individual may represent himself or a member of his immediate family as a party plaintiff before the court. Any other party plaintiff, however, must be represented by an attorney who is admitted to practice in this court. (e) Application for attorney fees and expenses. (1) Applications. (A) Applications for fees and expenses pursuant to the Equal Access to Justice Act (Pub. L. No. 96-481, Title II, Oct. 21, 1980, Title 28, U.S.C. § 2412) shall be filed with the clerk within 30 days after the entry by the court of a final judgment for the payment of money, or for the dismissal of the complaint, or of a final order in a renegotiation case determining the amount, if any, of excessive profits, or of a declaratory judg. ment pursuant to Title 28, U.S.C. §§ 1491 or 1507. (B) Any application under Title 28, U.S.C. 2412(d) shall be accompanied by AO Form 291, Application for Fees and Other Expenses Under the Equal Access to Justice Act, obtained from the clerk, and shall show the information required by Title 28, U.S.C. § 2412(d)(1)(B). The application and supporting statements shall be under oath. Each item shall be separately stated and supported. (2) Response and reply. Defendant shall have 28 days from the filing of an application pursuant to subdivision (e)(1) of this rule to file a response, to which plaintiff may reply within 14 days. (3) Proceedings. After the filing of an application, and response and reply (if any), the judge will enter an order prescribing the procedure to be followed, either specially or pursuant to the rules of the court, or take such other action as may be deemed appropriate. General Order No. 5 To assure that motions for admission to the bar of the court are heard on a regular basis, it is ordered as follows: (1) Motions for admission will be heard every Thursday which is not a legal holiday as defined by RUSCC 6(a). (2) Applicants for admission must appear in the clerk's office no later than 9:30 a.m. to pay the admission fee and fill out the necessary papers. See RUSCC 81(b). (3) Motions will be heard promptly at 10:00 a.m. in Courtroom No. 4, Room 501, National Courts Building, 717 Madison Place, N.W., Washington, D.C. 20005. December 20, 1982 By the Court (a) General. All papers to be filed with the clerk shall be duplicated and filed in conform5ity with these rules as to methods of duplica tion, form, size, and number of copies. The clerk shall refuse to file any paper which is not in substantial conformity with this rule or not in clear type. (b) Duplication. All requirements of duplication may be satisfied by the use of any photocopy method capable of producing a clear black image on white paper, but not including ordinary carbon copy: Provided, That in each instance the duplication shall conform to the refor quirements of subdivision (c) of this rule as to paper, size, form, and pagination. (c) Form and size. All papers pursuant to the provisions of this rule shall be duplicated on LH pages not exceeding 8% by 11 inches, with type USC matter not exceeding 6% by 9% inches. Papers duplicated shall be double spaced (except that quoted and indented material may be single spaced), and, if covering both sides of the sheet, shall be duplicated on paper of sufficient quality that the duplication process does not bleed through the sheet, shall be bound or attached on the left margin and unfolded, in book form, and shall have legible margins when bound or attached. Such pages need not be justified on the right margin. The first page of each separate document shall be numbered 1. Page numbers shall be in large, distinct type and shall appear in the upper outside corner of the page. Rule 83. Number of Copies Except as provided in Rule 3(c), the parties shall file an original and 2 copies of each other paper required by these rules to be filed with the clerk. In congressional reference cases an original and 4 copies of each such paper shall be filed. Rule 83.1. Content of Briefs; Length of Briefs (a) Content of briefs. (1) Initial brief. Except in briefs of 10 pages or less, the first brief due (normally the plaintiff's brief) shall contain, under proper headings and arranged in the following order (A) a table of contents or index, including the specific contents of any appendix or appendices to the brief, listing the various items in the appendix, including the number and description of every item and exhibit which is being reproduced, together with the number of the page at which the item appears; see also subdivision (G) of this Rule 83.1(a)(1); (B) a table of the constitutional provisions, treaties, statutes, regulations, and cases cited, giving the volume and page in the official edition where they may be found, and arranging the cases in alphabetical order; (C) a succinct statement of the questions involved, setting forth each question separately; (D) a concise statement of the case, containing all that is material to the consideration of the questions presented, with appropriate reference to specific findings, the stipulation of facts, or other pertinent portions of the record, and setting out verbatim in the brief or in an appendix thereto the pertinent portions of constitutional provisions, treaties, statutes, and regulations, as well as the texts of all administrative decisions directly involved in the case (unless previously reproduced in or as an exhibit to the complaint); the appendix (or appendices) to the brief shall be numbered consecutively within themselves so as to enable the court more easily to find and read the material in the appendix (or appendices); (E) the argument, exhibiting clearly the points of fact and of law being presented, and citing the authorities relied upon; (F) a conclusion, indicating the relief sought; and (G) if an appendix is used, there shall be, at the beginning of the brief itself, a table of contents or index listing the various items in the appendix, including the number and description of every exhibit which is being reproduced, together with the number of the page of the appendix at which the item begins. (2) Opposing brief. An opposing or answering brief (normally the defendant's brief) shall conform to the requirements set out in subdivision (a)(1) of this rule, except that the items referred to in subdivisions (C) and (D) of that subdivision need not be included unless the party is dissatisfied with the presentation by the other side. (3) Reply brief. A reply brief shall conform to the requirements of subdivision (a)(2) of this rule. (4) General. Briefs must be compact, concise, logically arranged, and free from burdensome, irrelevant, immaterial, and scandalous matter. Briefs not complying with this rule may be disregarded by the court. (b) Length of briefs. (1) Except by leave of the court on motion, principal briefs shall not exceed 40 pages by any process of duplicating or copying, exclusive of (A) pages containing tables of contents, citations to constitutional provisions, treaties, statutes, regulations and cases, and (B) any appendix setting out verbatim the pertinent portions of constitutional provisions, treaties, statutes, regulations, agency or board decisions, court decisions, excerpts from transcripts of testimony, and documentary exhibits. (2) Except by leave of the court on motion, reply briefs shall not exceed 20 pages by any process of duplicating or copying. (3) A brief previously filed may not be incorporated by reference; any such incorporation will be disregarded. A party wishing to rely upon a previously filed brief may do so by reproducing in an appendix either (A) excerpts thereof now relied upon, or (B) the entire brief. In either event, the party shall identify the total number of pages considered pertinent in a footnote which is to appear on the first page of the brief. The pages so identified shall be included in the maximum al lowable length set forth in subdivisions (1) and (2) of this rule. (4) A motion for leave to exceed the page limitation set forth in subdivisions (1) or (2) of this rule shall be filed with the clerk prior to the duplication of the brief and at least 10 days in advance of the date for the filing of the brief, and shall show good cause therefor. A response to such a motion for leave shall not be permitted. Rule 83.2. Time for Filing (a) Responses and objections. Unless otherwise provided in these rules or by order of the court, responses or objections to written motions shall be filed within 14 days after service of the motion. (b) Replies. Replies to responses or objections shall be filed within 7 days after service of the response or objection. (c) Motions under Rules 12(b), 12(c) and 56. Responses to these motions shall be filed within 28 days after service of the motion and replies thereto within 14 days of the filing of the response. (d) Cross-motions. Where the responding party files a cross-motion it shall be contained in the same document as the response to the original motion; the response to the crossmotion shall be contained in the same document as the reply. Where a cross-motion is filed, the parties shall have the same times to respond and to reply to the cross-motion as to an original motion. Rule 84. Transfers and Referrals (a) Transfers from other courts. (1) Filing and fee. When the transfer of a case from another court to this court is permitted by law, the case shall be filed in this court upon the receipt by the clerk of a certified copy of the record made in the other court, including the order of that court granting the transfer. The clerk shall serve a notice of this filing on the parties as provided in Rule 5. Where all required fees in the other court are shown to have been paid, no filing fee will be required. (2) Complaint; copies. Eight copies of the complaint, containing the necessary changes in the caption and duplicated in conformity with Rule 82, filed in the other court shall be filed with the clerk of this court within 28 days after the filing required in subdivision (a)(1) of this rule. In lieu thereof and within the same time period, an amended complaint may be filed in conformity with the rules of this court. Service will be made on the United States as provided in Rule 4. (3) Procedure. After the filing and service as provided for in subdivision (a)(2) of this rule, all further proceedings shall be in accordance with the rules prescribed for cases filed in this court in the first instance. (b) Referral of cases by the Comptroller General. (1) Service of notice; time for response. Upon the filing of a case referred to the court by the Comptroller General, the clerk shall serve a notice, as provided in Rule 5, on each person whose name and address are shown by the papers transmitted and who appears to be interested in the subject matter of the reference, which notice shall set forth the filing of the reference and state that the person notified appears to have an interest therein and that such person shall have 90 days after such service within which to appear and assert his claim by filing a complaint in accordance with Rule 3. At the same time, the clerk shall forward a copy of each such notice to the Attorney General. (2) Procedure after notice. After the service of notice upon the interested person or persons, all further proceedings for the disposition of the case shall be in accordance with the rules prescribed herein for other cases. (3) Failure of party to appear. If no interested plaintiff appears and files his petition within the time specified in the notice served by the clerk, the case shall be submitted to the court upon the papers filed and upon such evidence, if any, as may be produced by the Attorney General. Rule 85. Title These rules may be known as the Rules of the United States Claims Court. Rule 86. Effective Date These rules will take effect on October 1, 1982. APPENDIX A INSTRUCTIONS TO REPORTERS; FORMS Reference is made to Rules 39(b) and 80(b) for reporting arrangements, including the requirement for the recording of proceedings, the control of the reporter, and the return of the transcript and exhibits. The following instructions and forms are intended to guide reporters in preparing the transcripts of testimony taken and proceedings had before the judges of the United States Claims Court. 1. Caption Page: There shall be stated on the caption page (a) the style of the cause in which the testimony is taken; (b) the place and date of its taking; (c) the identity of the party by whom each witness is called; (d) the name of the judge; and (e) the appearances of counsel. (See Form A.) 2. Testimony: It shall appear in the transcript of the proceedings and testimony by whom each witness was examined and cross-examined. At the top of each page shall appear the name of the witness and the nature of his examination, such as "Roe-direct," "Roe-cross," "Roe-redirect." 3. Preparation of Transcript: The reporter shall transcribe all testimony on nontransparent white paper, either 8% inches wide by 11 inches long, or 8 inches wide by 10% inches long, bound on the left margin. The pages shall be numbered consecutively, with a minimum of 25 lines per page. It is not necessary for the witnesses to sign the transcripts of their testimony. |