Notice of Appeal

To appeal a decision of this court, a party must: (a) file a notice of appeal with the clerk within the time and in the manner prescribed for appeals in Rule 3 of the Federal Rules of Appellate Procedure; and (b) pay the fee prescribed in 28 U.S.C. §§ 1913 and 1917. (As revised and reissued May 1, 2002; as amended Nov. 3, 2008, July 2, 2012, July 31, 2023.) Rules Committee Notes 2002 Revision Although the rule has no FRCP counterpart, it is a necessary component of the court’s rules because it prescribes the time and manner for the filing of an appeal from a decision of this court. RCFC 58.1 and 59 82 Altering or Amending a Judgment (a) In General. (1) Grounds Trial or for New Reconsideration. The court may, on motion, grant a new trial or a motion for reconsideration on all or some of the issues—and to any party—as follows: (A) for any reason for which a new trial has heretofore been granted in an action at law in federal court; (B) for any reason for which a rehearing has heretofore been granted in a suit in equity in federal court; or (C) upon the showing of satisfactory evidence, cumulative or otherwise, that any fraud, wrong, or injustice has been done to the United States. (2) Further Action After a Trial. The court may, on motion under this rule, open the judgment if one has been entered, take additional testimony, amend findings of fact and conclusions of law or make new ones, and direct the entry of a new judgment. (b) Time to File a Motion for a New Trial or for Reconsideration. (1) A motion for a new trial or for reconsideration under RCFC 59(a)(1)(A) or (B) must be filed no later than 28 days after the entry of judgment. (2) A motion for a new trial or for reconsideration under RCFC 59(a)(1)(C) may be filed—and the payment of judgment stayed—at any time while the suit is pending, after review proceedings have been initiated, or within 2 years after the final disposition of the suit. (c) Relying on Affidavits. When a motion for a new trial or for reconsideration is based on affidavits, they must be filed with the motion. (d) New Trial on the Court’s Initiative or for Reasons Not in the Motion. No later than 28 days after the entry of judgment, the court, on its own, may order a new trial for any reason that would justify granting one on a party’s motion. After giving the parties notice and an opportunity to be heard, the court may grant a timely motion for a new trial for a reason not stated in the motion. In either event, the court must specify the reasons in its order. (e) Motion to Alter or Amend a Judgment. A motion to alter or amend a judgment must be filed no later than 28 days after the entry of the judgment. (f) Response. A response to any motion under this rule may be filed only at the court’s request and within the time specified by the court. The court may not rule in favor of a first motion under requesting a response to the motion. rule without this (As revised and reissued May 1, 2002; as amended Nov. 3, 2008, Jan. 11, 2010, July 15, 2011.) Rules Committee Notes 2002 Revision Minor changes in wording have been made to more closely conform to FRCP 59. Subdivision (c) was deleted to reflect the difference in Court of Federal Claims practice, set out in subdivision (b), which directs that a response to a RCFC 59 motion is required only when directed by the court, even if the motion is accompanied by an affidavit. Other differences were retained, including the distinction between final and non- final orders, which can be the subject of motions for reconsideration at any time before final judgment. 2008 Amendment The language of RCFC 59 has been amended to conform to the general restyling of the FRCP. 2010 Amendment RCFC 59 has been amended to change the period for filing post-judgment motions from 10 to 30 days in accordance with the corresponding changes to FRCP 59 that became effective December 1, 2009. RCFC 6(b) continues to prohibit extension of the time allowed under this rule. 2011 Amendment RCFC 59(f) has been added to clarify that the restriction included in former paragraph (b)(3) permitting the filing of a “response to any motion under this rule . . . only at the court’s request” extends to all motions under the rule, thus applying not only to a motion for a new trial or for reconsideration (the subject of subdivision (b)) but also to a motion to alter or amend a judgment (the subject of subdivision (e)). In addition, subdivision (b) has been amended to include reference to a motion for reconsideration in clarification of the intended scope of the subdivision. Finally, the period for filing post-judgment motions has been corrected to read 28 days in accordance with the final version of FRCP 59 that was adopted on December 1, 2009.