
From the U.S. Code Online via GPO Access
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[Laws in effect as of January 2, 2001]
[Document not affected by Public Laws enacted between
  January 2, 2001 and January 28, 2002]
[CITE: 28USC2503]

 
               TITLE 28--JUDICIARY AND JUDICIAL PROCEDURE
 
                     PART VI--PARTICULAR PROCEEDINGS
 
      CHAPTER 165--UNITED STATES COURT OF FEDERAL CLAIMS PROCEDURE
 
Sec. 2503. Proceedings generally

    (a) Parties to any suit in the United States Court of Federal Claims 
may appear before a judge of that court in person or by attorney, 
produce evidence, and examine witnesses.
    (b) The proceedings of the Court of Federal Claims shall be in 
accordance with such rules of practice and procedure (other than the 
rules of evidence) as the Court of Federal Claims may prescribe and in 
accordance with the Federal Rules of Evidence.
    (c) The judges of the Court of Federal Claims shall fix times for 
trials, administer oaths or affirmations, examine witnesses, receive 
evidence, and enter dispositive judgments. Hearings shall, if 
convenient, be held in the counties where the witnesses reside.
    (d) For the purpose of construing sections 1821, 1915, 1920, and 
1927 of this title, the United States Court of Federal Claims shall be 
deemed to be a court of the United States.

(June 25, 1948, ch. 646, 62 Stat. 976; Sept. 3, 1954, ch. 1263, Sec. 53, 
68 Stat. 1246; Pub. L. 97-164, title I, Sec. 139(b)(1), Apr. 2, 1982, 96 
Stat. 42; Pub. L. 102-572, title IX, Secs. 902(a), 909, Oct. 29, 1992, 
106 Stat. 4516, 4519.)


                      Historical and Revision Notes

    Based on title 28, U.S.C., 1940 ed., Secs. 269, 276, and 278 (Mar. 
3, 1911, ch. 231, Secs. 168, 170, 36 Stat. 1140; Feb. 24, 1925, ch. 301, 
Sec. 1, 43 Stat. 964; June 23, 1930, ch. 573, Sec. 2, 46 Stat. 799).
    Section consolidates provisions relating to proceedings before 
commissioners and reporter-commissioners contained in sections 269, 276, 
and 278 of title 28, U.S.C., 1940 ed.
    Provisions of section 269 of title 28, U.S.C., 1940 ed., relating to 
appointment and compensation of commissioners are incorporated in 
section 792 of this title.
    Words ``including reporter-commissioners'' after ``commissioners'' 
were inserted to clarify meaning and conform to Rule 54(a) of the Court 
of Claims authorizing oaths before reporter-commissioners.
    Changes were made in phraseology.


                        Senate Revision Amendment

    The Senate amended this section by inserting ``and when directed by 
the court his recommendations for conclusions of law'' following 
``commissioner'' in the second paragraph. This amendment authorizes the 
Court to direct its commissioners to report recommendations for 
conclusions of law as well as findings of fact in cases assigned to 
them. 80th Congress Senate Report No. 1559, Amendment No. 50.

                       References in Text

    The Federal Rules of Evidence, referred to in subsec. (b), are set 
out in the Appendix to this title.


                               Amendments

    1992--Subsec. (a). Pub. L. 102-572, Sec. 902(a)(1), substituted 
``United States Court of Federal Claims'' for ``United States Claims 
Court''.
    Subsecs. (b), (c). Pub. L. 102-572, Sec. 902(a)(2), substituted 
``Court of Federal Claims'' for ``Claims Court'' wherever appearing.
    Subsec. (d). Pub. L. 102-572, Sec. 909, added subsec. (d).
    1982--Pub. L. 97-164 substituted ``Proceedings generally'' for 
``Proceedings before commissioners generally'' in section catchline.
    Subsec. (a). Pub. L. 97-164 substituted ``Parties to any suit in the 
United States Claims Court may appear before a judge of that court in 
person or by attorney, produce evidence, and examine witnesses'' for 
``Parties to any suit in the Court of Claims may appear before a 
commissioner in person or by attorney, produce evidence and examine 
witnesses'' and redesignated as subsec. (c) provisions that, in 
accordance with rules and orders of the court, commissioners would fix 
times for trials, administer oaths or affirmations to and examine 
witnesses, receive evidence and report findings of fact, that when 
directed by the court, commissioners would report their recommendations 
for conclusions of law in cases assigned to them, and that hearings 
would, if convenient, be held in the counties where the witnesses 
resided.
    Subsec. (b). Pub. L. 97-164 substituted ``The proceedings of the 
Claims Court shall be in accordance with such rules of practice and 
procedure (other than the rules of evidence) as the Claims Court may 
prescribe and in accordance with the Federal Rules of Evidence'' for 
``The rules of the court shall provide for the filing in court of the 
commissioner's report of facts and recommendations for conclusions of 
law, and for opportunity for the parties to file exceptions thereto, and 
a hearing thereon before the court within a reasonable time'' and struck 
out provision that this section did not prevent the court from passing 
upon all questions and findings regardless of whether exceptions were 
taken before a commissioner.
    Subsec. (c). Pub. L. 97-164 redesignated provisions in second and 
third sentences of former subsec. (a) as (c) and substituted ``The 
judges of the Claims Court'' for ``In accordance with rules and orders 
of the court, commissioners'' and ``enter dispositive judgments'' for 
``report findings of fact and, when directed by the court, their 
recommendations for conclusions of law in cases assigned to them''.
    1954--Act Sept. 3, 1954, designated former first par. subsec. (a), 
and former second par. subsec. (b), and incorporated in one place 
provisions relating to function of Commissioners.


                    Effective Date of 1992 Amendment

    Amendment by Pub. L. 102-572 effective Oct. 29, 1992, see section 
911 of Pub. L. 102-572, set out as a note under section 171 of this 
title.


                    Effective Date of 1982 Amendment

    Amendment by Pub. L. 97-164 effective Oct. 1, 1982, see section 402 
of Pub. L. 97-164, set out as a note under section 171 of this title.

                  Section Referred to in Other Sections

    This section is referred to in section 798 of this title.
