Administrative Record

(a) In General. When proceedings before an agency are relevant to a decision in a case, the administrative record of those proceedings must be certified by the agency and filed with the court. Appendices to these rules govern the filing of the administrative record in particular categories of cases. (b) Time for Filing. The court may establish a time for filing the administrative record by order. (c) Motions Judgment for the on Administrative Record. (1) Initial Motion. Absent an order by the court establishing a different procedure, a party may move for partial or other judgment on the administrative record and must include in its motion or supporting memorandum a statement of facts that draws upon and cites to the portions of the administrative record that bear on the issues presented to the court. (2) Response. A party opposing a motion based on the administrative record must include in any response a counter- statement of facts that similarly draws upon and cites to the administrative record. (3) Effect of a Motion. Unless otherwise provided by order of the court, a motion under this rule for judgment on the administrative the requirement for the filing of an answer under RCFC 12(a)(1). record obviates (Added June 20, 2006; as amended Nov. 3, 2008, July 2, 2012, July 29, 2024.) RCFC 52.1 72 2008 Amendment The language of RCFC 52.1 has been amended to conform to the general restyling of the FRCP. 2012 Amendment RCFC 52.1(c) has been amended to clarify that absent a court order directing otherwise, the filing of a motion for the administrative record obviates the requirement for the filing of an answer to the complaint. judgment on 2024 Amendment RCFC 52.1(a) has been amended to clarify that in certain types of cases, the filing of the administrative the appendices to these rules. is governed by record