Rules of the United States Court of Federal Claims
Rule: 40.1
Jurisdiction: US
Bluebook Citation: R.C.F.C. 40.1
(a) Random Assignment. After a complaint is served on the United States, or after recusal or disqualification of a judge to whom the case is assigned, the case will be assigned (or reassigned) to a judge at random. (b) Transfer. To promote docket efficiency, to conform to the requirements of any case the efficient management plan, or for administration of justice, the assigned judge, either on a party’s motion or on the court’s own initiative, may order the transfer of all or any part of a case to another judge upon the agreement of both judges. (c) Transfer by the Chief Judge. The chief judge may reassign any case upon a finding that the transfer is necessary for the efficient administration of justice. (As revised and reissued May 1, 2002; as amended Nov. 3, 2008, Aug. 3, 2015.) Rules Committee Notes 2002 Revision RCFC 40.1 has no FRCP counterpart. The substance of the rule formerly appeared in these rules as part of paragraph (1) of RCFC 77(f). The renumbering of RCFC 77(f) reflects its more logical placement in the structure of the court’s rules. The new language introduced by the rule— subdivision (b)—represents a codification of internal procedures. 2008 Amendment The language of RCFC 40.1 has been amended to conform to the general restyling of the FRCP. 2015 Amendment RCFC 40.1(b) has been amended to clarify that the authority to transfer a case also includes the authority to sever and transfer part of a case.
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