Rules of the United States Court of Federal Claims
Rule: 5.5
Jurisdiction: US
Bluebook Citation: R.C.F.C. 5.5
Information (a) In General. All papers filed with the clerk must conform to the requirements of this rule. (b) Duplication. Any method of duplication must produce clear black images on white paper and must conform to the requirements of RCFC 5.5(c). (c) Size and Form. (1) Paper Size and Type. All papers filed with the clerk: (A) must be printed on pages not exceeding 8 1/2 by 11 inches; (B) must contain type matter of letter quality, except for those papers included as exhibits; and (C) must be of sufficient quality that the typed material does not bleed through the page. (2) Type Size. The type size for text and footnotes must be no smaller than 12 point. (3) Margins. Margins must not be less than 1 inch on each side. (4) Spacing. Text must be double spaced, except that quoted and indented material and footnotes may be single spaced. (5) Binding. A paper filing of 50 or fewer pages must be stapled in the upper left hand corner. A paper filing exceeding 50 pages must be bound or attached along the entire left hand margin in book form and must have legible margins. pages, (6) Numbering. All including appendices, must be numbered in large distinct type that appears in the center of the bottom margin of the page. (d) Number of Copies; Signature; Cover Sheet. (1) Complaint. (A) Paper Form. Plaintiff must file one copy of the complaint that includes: (i) an original signature; and (ii) a completed cover sheet (see Appendix of Forms, Form 2). (B) Electronic Form. If plaintiff is not to appearing pro se pursuant RCFC 5.5 10 RCFC 83.1, plaintiff may file the complaint, along with a completed cover in compliance with Appendix E to these rules. electronically sheet, (2) Subsequent Filings. Except for electronic filings under Appendix E, for every filing, a party must file one copy that includes an original signature. (e) Date. Each paper must bear the date it is signed on the signature page. (f) Electronic Mail Address and Telephone Number. The electronic mail address and telephone number (including area code) of the attorney of record must appear directly below the signature line of every filing. (g) Name of Judge. In all filings other than the complaint, the name of the judge assigned to the case must be included directly below the docket number. (h) Bid Protest Cases. The words “Bid Protest” must be included in the caption of all filings directly below the name of the court. (As revised and reissued May 1, 2002; as amended July 1, 2004; as renumbered Nov. 15, 2007; as amended Nov. 3, 2008, July 15, 2011, July 2, 2012, Aug. 3, 2015, July 1, 2019, July 31, 2023.) Rules Committee Notes 2002 Revision New RCFC 5.3 has no FRCP counterpart. The rule formerly appeared in these rules as RCFC 82 and 83. The consolidation and renumbering of RCFC 82 and 83 were intended to reflect their more logical placement in the organizational structure of the court’s rules. In addition to the renumbering, the text of former RCFC 82 has been modified in several respects: First, subdivision (a) has been modified by deleting the last sentence of that subdivision which read, “[t]he clerk shall refuse to file any paper which is not in substantial conformity with this rule or not in clear type.” The deletion corresponds to the change made in RCFC 5(e) directing that “[t]he clerk shall not refuse to accept for filing any paper presented for that purpose solely because it is not presented in proper form.” However, as noted in the Advisory Committee Note to FRCP 5(e), the “clerk may of course advise a party or counsel that a particular instrument is not in proper form, and may be directed to so inform the court.” Second, subdivision (c) has been modified to eliminate certain redundancies, to fix the type size, and to clarify binding and pagination requirements. Appendices will now be subject to pagination. The binding requirement changes were intended to discourage rubber bands, paper clips, and other non-secure binding. subdivision former now subdivision (f), has been amended to include a requirement listing a facsimile number for the attorney of record. Third, (e), the “number of Fourth, subdivision (d) was added to this rule to copies” incorporate requirement that formerly appeared as RCFC 83, as well as the requirement formerly found in RCFC 3(c) regarding the number of copies to be filed when filing a complaint. Finally, subdivision (g) was also added. The text of this subdivision formerly appeared as part of RCFC 10(a). 2004 Amendment Subdivision (h) has been added to the text of RCFC 5.3 to facilitate case management and administrative record-keeping requirements. 2007 Amendment RCFC 5.4 formerly appeared in these rules as RCFC 5.3 and has renumbered in light of the adoption of FRCP 5.1, effective December 1, 2006, to preserve the consistency in numbering systems between the court’s rules and the FRCP. 2008 Amendment The language of RCFC 5.5 has been amended to conform to the general restyling of the FRCP. In addition, language has been added to clarify that the rule’s requirements extend to all filings, whether in paper or electronic form, except as specifically noted. Finally, the sentences “Such pages need not be justified on the right margin” from former RCFC 5.4(c) and “All copies shall be identical, or otherwise conformed, to the original” from former RCFC 5.4(d) have been deleted as unnecessary. RCFC 5.5 formerly appeared in these rules as to RCFC 5.4 and has been renumbered 11 RCFC 5.5 cont. accommodate the court’s adoption of FRCP 5.2 (which became effective December 1, 2007) and to preserve the consistency in numbering systems between the court’s rules and the FRCP. 2011 Amendment RCFC 5.5(d)(1)(A) has been amended by reducing the required number of copies of a complaint to be filed from an original and 7 copies to an original and 2 copies. Additionally, subparagraph (d)(1)(B) has been added to require a plaintiff, except a plaintiff appearing pro se, to also file one copy of the complaint in electronic form using a disc in CD-ROM format when the complaint exceeds 20 pages. Finally, subdivision (f) has been amended to require the attorney of record to include an electronic mail address directly below the signature line of every filing. 2012 Amendment RCFC 5.5(d)(2) has been amended to eliminate the requirement that parties file paper copies of notices of appeal in electronic cases. 2015 Amendment RCFC 5.5(d)(1) has been amended to allow a plaintiff not appearing pro se to file a complaint electronically. 2019 Amendment RCFC 5.5(d) has been amended to remove the requirement that when a complaint exceeds 20 pages, a copy must also be filed in electronic form using a disc in CD-ROM format. Subdivision (f) has also been amended to eliminate the reference to facsimile numbers. 2023 Amendment RCFC 5.5(d) has been amended to eliminate the 2-copy requirement for any paper filing and the 4-copy requirement for any filing in a congressional reference case, as well as to clarify that a paper complaint must contain an original signature.
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