Effective Date

These rules and any subsequent amendments are applicable to all proceedings pending at the time of the adoption of the revision or amendment or thereafter filed, except to the extent that the court determines that their application to a pending action would not be feasible or would work injustice, in which event the former procedure applies. (As revised and reissued May 1, 2002; as amended June 20, 2006, Nov. 3, 2008.) Rules Committee Notes 2002 Revision RCFC 86 reflects the effective date of the most recent revision to the court’s rules. In addition, the rule adopts the practice of the FRCP to presume application of rule changes to pending cases. Future revisions to these rules will be posted o n t h e c o u r t ’ s w e b s i t e a t www.uscfc.uscourts.gov. 2006 Amendment The second sentence of RCFC 86 has been rewritten to clarify the rule’s essential purpose: that amendments to the court’s rules apply to all pending proceedings unless the application of such amendments would not be feasible or would work injustice. 2008 Amendment The language of RCFC 86 has been amended to conform to the general restyling of the FRCP. determines