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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 of the bar of the United States Court of Claims are eligible to practice herein. As to the requirement for signing all papers, see Rule 81(d)(2). (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 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 the applicant's qualifications as set forth in subdivision (b)(1) of this rule. Upon consideration thereof, and upon representation by the attorney that such attorney 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 form, 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) of this rule 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 the applicant possesses all the qualifications required for admission to the bar of this court, that they have examined the applicant's application, and that they affirm that the applicant's 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 oaths in the state, territory, possession, or the District of Columbia, where the oath is administered, or as permitted by 28 U.S.C. § 1746. (4) Fee for Admission. Unless the applicant is an attorney representing the United States before this court, an admission fee as provided for in Rule 77(k)(2) shall be paid in advance in cash or by check payable to "Clerk, United States Court of Federal Claims." (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. Such attorney, barrister or advocate 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. Superseded by Appendix F effective May 7, 1984. (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) Authorization To Sign Filings. Any other attorney who is a member of the bar of this court and who is a member or is an employee of the law firm listed as of counsel; agency; or department of the attorney of record may sign any filing in the attorney of record's name. An attorney who signs the name of the attorney of record shall so indicate by adding following the name of the attorney of record: "by [the signing attorney's own name]." Authorization to sign filings shall not relieve the attorney of record from the provisions of Rule 11. (3) Appearance. For parties other than the United States, the attorney of record shall include on the initial pleading or paper said attorney's name, address, and telephone number. For the United States the attorney who is to appear as the attorney of record shall file with the clerk and serve on all other parties a notice of appearance setting forth the identical information. The attorneys of record for all parties shall promptly file with the clerk and serve on all other parties a notice of any change in address. (4) Change by Parties Other than the United States. A party other than the United States may by leave of court on motion change the party's attorney at any time. The motion may be signed by said party 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, such attorney shall be served with the motion, and shall have 14 days to show cause why the motion should not be allowed. (5) Change by the United States. A new notice of appearance shall be filed and served on all parties by the United States whenever a case is reassigned to another attorney. (6) Withdrawal of Attorney. No attorney of record for a plaintiff or a third party may withdraw such attorney's appearance except by leave of the court on motion and after notice is served on such attorney's client. (7) Death of Attorney. If the attorney of record dies, a suggestion of such attorney's death shall be made, and a motion to substitute another attorney admitted to practice before this court may be made by the plaintiff. (8) Pro Se. An individual may represent oneself or a member of one's immediate family as a party before the court. Any other party, however, must be represented by an attorney who is admitted to practice in this court. A corporation may only be represented by counsel. The terms counsel or attorney in these rules shall include pro se litigants. (e) Application for Attorneys' Fees and Expenses. (1) Applications. Applications for fees and expenses shall be filed with the clerk within 30 days after final judgment, as defined in 28 U.S.C. § 2412(d)(2)(G) 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 judgment pursuant to 28 U.S.C. § 1491 or 1507. Any application subject to 28 U.S.C. § 2412(d) shall include the information required by that section and any claim for fees and expenses incurred in the prosecution of the application, and shall include the completed form as shown in Appendix E to these rules. The application and supporting statements shall be under oath. Each item shall be separately stated and supported. (2) Response and Reply. The responding party shall have 28 days from the service of an application pursuant to subdivision (e)(1) of this rule to file a response, to which plaintiff may reply within 14 days after service of the response. (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. (As amended Dec. 4, 1992.) General Order No. 39 IT IS ORDERED, effective today, that U.S. Court of Federal Claims GENERAL ORDER NO. 5 be revoked. GENERAL ORDER NO. 39 replaces GENERAL ORDER NO. 5 as follows: (1) Motions for admissions will be heard the first Thursday of each month which is not a legal holiday as defined by U.S. Court of Federal Claims Rule 6(a). If it falls on a legal holiday, admissions will be held on the second Thursday of the month. (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 Court's Rules. (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. (4) Applicants who for special reasons are unable to appear for admission on the first Thursday of the month should contact the Clerk's Office to make appropriate arrangements. December 1, 2000 By the Court
Rule 81.1. Legal Assistance by Law Students (a) Appearance. (1) Entry of Appearance on Written Consent of Party. Subject to the provisions of this rule, an eligible law student may enter an appearance in this court on behalf of any party provided the party on whose behalf the student appears has consented thereto in writing and a "supervising attorney," as defined in this rule, has also indicated approval of that appearance in writing. In each case, the written consent and approval shall be filed with the clerk. (b) Activities. (1) Appearance on Briefs and Other Written Pleadings, Participation in Oral Argument and Other Activities. A law student who has entered an appearance in a case pursuant to paragraph (a) may: (A) Appear on the brief(s) and other written pleadings, provided the supervising attorney has read, approved, and co-signed the brief(s); (B) Participate in all proceedings ordered by a judge or special master provided the supervising attorney is present at such proceedings; (C) Engage in all other activities on behalf of the client in all ways that a licensed attorney may, subject to the general direction of the supervising attorney. However, a student may make no binding commitments on behalf of a client absent prior approval of both the client and the supervising attorney. In any matter in which testimony is taken, including depositions, the student must be accompanied by the supervising attorney. Documents or papers filed with the court must be read, approved, and co-signed by the supervising attorney. (2) Limitations on Activities. The court retains the authority to establish exceptions to the activities in paragraph (1), and also to limit a student's participation in any individual case. (c) Eligibility. In order to be eligible to make an appearance pursuant to this rule, the law student must: (1) Be a law student in good standing, enrolled in a law school approved by the American Bar Association; (2) Have completed legal studies amounting to at least two semesters, or the equivalent if the school is on some basis other than a semester basis; (3) Have knowledge of the Rules of the United States Court of Federal Claims, the Federal Rules of Evidence, and the American Bar Association Model Rules of Professional Conduct; (4) Be enrolled for credit in a clinical program at an accredited law school that maintains malpractice insurance for its activities and conducts its activities under the direction of a faculty member of such law school; (5) Be certified by the dean of the law school as being of good character and sufficient legal ability, and as being adequately trained, in accordance with paragraphs (1)-(4) above, to fulfill the responsibilities of a legal intern to both the client and the court. Such certification must be filed with the clerk and may be withdrawn at any time by the dean upon written notice to the clerk; (6) Be certified by the chief judge to practice pursuant to this rule. This certification may be withdrawn at any time by the chief judge or, in a given case, by the judge or special master before whom the law student has entered an appearance, without notice of hearing and without any showing of cause; and (7) Neither ask for nor receive any fee or compensation of any kind from the client on whose behalf service is rendered. However, this rule shall not prevent a lawyer, legal aid bureau, law school, or the Government from paying compensation to the eligible law student, nor shall it prevent any of them from making such charges for its services as may otherwise be proper, nor shall it prevent any clinical program from receiving otherwise proper fees and expenses under rule 81(e). (d) Supervising Attorneys. A supervising attorney referred to in this rule shall be deemed the attorney of record pursuant to rule 81(d) and must: (1) Be a member in good standing of the bar of this court; (2) Be an attorney whose service as a supervising attorney for the clinical program is approved by the dean of the law school in which the law student is enrolled; (3) Be certified by this court as a student supervisor; (4) Assist and counsel the student in activities allowed under this rule and review such activities with the student, all to the extent appropriate under the circumstances, for the proper practical training of the student and the protection of the client; (5) Assist the student in his or her preparation of the case to the extent the supervising attorney considers necessary and be available for consultation with represented clients; (6) Be present with the student in any proceeding before a judge or special master; (7) Co-sign all pleadings and other documents filed with the court; (8) Be responsible to supplement oral or written work of the student as necessary to ensure proper representation of the client; (9) Assume full professional responsibility for the student's guidance in any work undertaken and for the quality of the student's work; and (10) Agree to notify the dean of the appropriate law school of any alleged failure on the part of the student to abide by the letter and spirit of this rule. (As added Sept. 3, 1993.) Rule 82. Form, Size and Duplication of all Papers (a) General. All papers to be filed with the clerk shall be duplicated and filed in conformity with these rules as to methods of duplication, 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 requirements 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 pages not exceeding 81/2 by 11 inches, with type matter on all papers other than exhibits to be of letter quality not exceeding 61/2 by 81/2 inches. Papers duplicated shall be double spaced, except that quoted and indented material and footnotes 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 bottom center margin of the page. (d) Date. Each paper shall bear the date it is signed on the signature page. (e) Telephone Number. The telephone number (including area code) of the attorney of record must appear beneath the signature line of every pleading or other paper. 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. All copies shall be identical, or otherwise conformed, to the original. Rule 83.1. Content of Briefs or Memoranda; Length of Briefs or Memoranda (a) Content of Briefs or Memoranda. (1) Initial Brief or Memorandum. Except in briefs or memoranda of 10 pages or less or pretrial filings under Appendix G, the first brief or memorandum due, normally the plaintiff's brief or memorandum, 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 or memorandum, 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 Rule 83.1(a)(1); (B) a table of 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. All U.S. Court of Federal Claims orders and opinions published in the United States Court of Federal Claims Reporter shall be cited to that reporter; (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 memorandum 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 or memorandum 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 or memorandum 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 or Memorandum. An opposing or answering brief or memorandum, normally the defendant's brief or memorandum, 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 or Memorandum. A reply brief or memorandum shall conform to the requirements of subdivision (a)(2) of this rule. (4) General. Briefs or memoranda must be compact, concise, logically arranged, and free from burdensome, irrelevant, immaterial, and scandalous matter. Briefs or memoranda not complying with this rule may be disregarded by the court. (b) Length of Briefs or Memoranda. (1) Except by leave of the court on motion, principal briefs or memoranda 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 or memoranda shall not exceed 20 pages by any process of duplication or copying or 30 pages where an opposition to a motion is included. (3) A brief or memorandum previously filed may not be incorporated by reference; any such incorporation will be disregarded. A party wishing to rely upon a previously filed brief or memorandum may do so by reproducing in an appendix either (A) excerpts thereof now relied upon, or (B) the entire brief or memorandum. 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 or memorandum. The pages so identified shall be included in the maximum allowable 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 or memorandum and at least 10 days in advance of the date for the filing of the brief or memorandum, and shall show good cause therefor. A response to such a motion for leave shall not be permitted. (As amended Dec. 4, 1992.) 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 service of the response. (d) Leave of Court. If the subject filing is pursuant to leave of court on motion by a party, time for any response runs from date of filing and not date of service. (e) 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 cross-motion shall be contained in the same document as the reply subject to page limitations in Rule 83.1(b)(2). 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. (f) Reconsideration of Orders. A motion for reconsideration of an order shall be filed not later than 10 days after the date thereof. No response may be filed to a motion for rehearing or reconsideration. However, the court will not rule in favor of such a motion without first requesting by order a response to it. 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 within 28 days after the filing required in subdivision (a)(1) of this rule. In lieu thereof and within the same time period, an original and 7 copies of an amended complaint may be filed in conformity with the rules of this court setting forth the claim or claims transferred. 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 such person's 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 complaint 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 Court of Federal Claims. (As amended Dec. 4, 1992.) Rule 86. Effective Date These rules as revised are effective on March 15, 1992. ADMINISTRATIVE AGENCY CODES (Use the following abbreviations for the U.S. Government Agency involved in claim (Item 5)) BENEFITS REVIEW BOARD.......................................................... BRB CIVIL AERONAUTICS BOARD........................................................ CAB CIVIL SERVICE COMMISSION (U.S.)................................................ CSC CONSUMER PRODUCTS SAFETY COMMISSION............................................ CPSC COPYRIGHT ROYALTY TRIBUNAL..................................................... CRT DEPARTMENT OF AGRICULTURE...................................................... AGRI DEPARTMENT OF COMMERCE......................................................... COMM DEPARTMENT OF DEFENSE.......................................................... DOD DEPARTMENT OF EDUCATION........................................................ EDUC DEPARTMENT OF ENERGY........................................................... DOE DEPARTMENT OF HEALTH, EDUCATION & WELFARE...................................... HEW DEPARTMENT OF HEALTH & HUMAN SERVICES.......................................... HHS DEPARTMENT OF HOUSING & URBAN DEVELOPMENT...................................... HUD DEPARTMENT OF INTERIOR......................................................... DOI DEPARTMENT OF JUSTICE.......................................................... DOJ DEPARTMENT OF LABOR (Except OSHA).............................................. LABR DEPARTMENT OF TRANSPORTATION, NATIONAL TRANSPORTATION SAFETY BOARD............. TRAN DEPARTMENT OF THE TREASURY (Except IRS)........................................ TREA DRUG ENFORCEMENT AGENCY........................................................ DEA ENVIRONMENTAL PROTECTION AGENCY................................................ EPA EQUAL EMPLOYMENT OPPORTUNITY COMMISSION........................................ EEOC FEDERAL AVIATION AGENCY........................................................ FAA FEDERAL COAL MINE SAFETY BOARD................................................. FCMS FEDERAL COMMUNICATIONS COMMISSION.............................................. FCC FEDERAL DEPOSIT INSURANCE CORPORATION.......................................... FDIC FEDERAL ELECTION COMMISSION.................................................... FEC FEDERAL ENERGY AGENCY.......................................................... FEA FEDERAL ENERGY REGULATORY COMMISSION........................................... FERC FEDERAL HOME LOAN BANK BOARD................................................... FHLB FEDERAL LABOR RELATIONS AUTHORITY.............................................. FLRA FEDERAL MARITIME BOARD......................................................... FMBD FEDERAL MARITIME COMMISSION.................................................... FMC FEDERAL MINE SAFETY & HEALTH ADMINISTRATION.................................... MSHA FEDERAL MINE SAFETY & HEALTH REVIEW COMMISSION................................. MSHR FEDERAL RESERVE SYSTEM......................................................... FRS FEDERAL TRADE COMMISSION....................................................... FTC FOOD & DRUG ADMINISTRATION..................................................... FDA GENERAL SERVICES ADMINISTRATION................................................ GSA IMMIGRATION & NATURALIZATION SERVICE........................................... INS INTERNAL REVENUE SERVICE (Except TAX COURT).................................... IRS INTERSTATE COMMERCE COMMISSION................................................. ICC MERIT SYSTEMS PROTECTION BOARD................................................. MSPB NATIONAL LABOR RELATIONS BOARD................................................. NLRB NUCLEAR REGULATORY COMMISSION.................................................. NRC OCCUPATIONAL SAFETY & HEALTH ADMINISTRATION.................................... OSHA OCCUPATIONAL SAFETY & HEALTH REVIEW COMMISSION................................. OSHC OFFICE OF MANAGEMENT & BUDGET.................................................. OMB OFFICE OF PERSONNEL MANAGEMENT................................................. OPM OFFICE OF WORKERS COMPENSATION PROGRAM......................................... OWCP PATENT OFFICE.................................................................. PATO POSTAL RATE COMMISSION (U.S.).................................................. PRC POSTAL SERVICE (U.S.).......................................................... USPS RR RETIREMENT BOARD............................................................ RRRB SECURITIES & EXCHANGE COMMISSION............................................... SEC SMALL BUSINESS ADMINISTRATION.................................................. SBA TAX COURT, INTERNAL REVENUE SERVICE............................................ TXC |
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