Remanding a Case

(a) In General. In any case within its jurisdiction, the court, on motion or on its own, may order the remand of appropriate matters to an administrative or executive body or official. (b) Remand Order. (2) termination of the stay and the initiation of other proceedings under RCFC 7 to dispose of the case. (d) Completing Administrative Proceedings. When the action directed under a remand order is completed, the administrative or executive body or official to whom the order was directed must forward to the clerk for filing a copy of the final decision or other action taken. The clerk must serve each party with a copy of the final decision or other action. If is resolved at the administrative level, the plaintiff must file a motion to dismiss the case with prejudice. the case (e) Post-Remand Proceedings. (1) Notice. Within 30 days after the filing of the final decision or other action on remand, each party must file with the clerk and serve on each adverse party a notice stating: (A) whether the final decision or other action a remand satisfactory basis for disposition of the case; or affords on (1) Contents. An order remanding a case must: (A) include such direction as the court deems proper and just; (B) establish the duration of the remand period, not to exceed 6 months; (C) specify the extent to which court proceedings will be stayed during the remand period; and (D) designate a party to report to the court, every 90 days or less, on the status of the remand proceedings. (2) Service. A certified copy of the remand order must be served by the clerk in accordance with RCFC 5 on the administrative or executive body or official to whom the order is directed. If (c) Extending or Terminating the Stay of Proceedings. the administrative or executive body or official to whom the remand order is directed does not act on the remand within the period of stay specified in the remand order, a party may move for: (1) an extension of the stay under RCFC 6; or (B) whether further proceedings before the court are required and, if so, the nature of such proceedings. (2) Issuing an Order. After service of the notice, the court will enter an order prescribing the procedure to be followed or directing any other action deemed appropriate. (As revised and reissued May 1, 2002; as renumbered June 20, 2006; as amended Nov. 3, 2008, Aug. 3, 2015, Aug. 1, 2017, July 2, 2018, July 31, 2023.) Rules Committee Notes 2002 Revision and 2006 Amendment RCFC 52.2 has no FRCP counterpart. The rule formerly appeared in these rules as RCFC 60.1 and, following the court’s May 1, 2002, revision of its rules, as RCFC 56.2. The first renumbering of the rule (from RCFC 60.1 to RCFC 56.2) was intended to reflect a more logical placement in the organizational structure of the court’s rules; the second renumbering (from RCFC 56.2 to RCFC 52.2) was attributable to a further change in the organizational structure of the court’s rules as reflected in the abrogation 73 RCFC 52.2 of related RCFC 56.1 and its replacement by new RCFC 52.1. 2008 Amendment The language of RCFC 52.2 has been amended to conform to the general restyling of the FRCP. 2015 Amendment RCFC 52.2(e) has been amended to reduce the required number of copies to be filed of the final decision or other action taken upon completion of the administrative proceedings ordered pursuant to a remand. (2) Disqualification. A master must not have a relationship to the parties, attorneys, action, or assigned judge that would require disqualification of a judge under 28 U.S.C. § 455, unless the parties, with the assigned judge’s approval, consent to the appointment after the master discloses any potential grounds for disqualification. (3) Possible Expense or Delay. In requesting the appointment of a master, the assigned judge must consider the fairness of imposing the likely expenses on the parties against and must protect unreasonable expense or delay. 2017 Amendment (b) Order Appointing a Master. RCFC 52.2(b)(2) has been amended to delete the requirement calling for a certified copy of the remand order to be served on each party. 2018 Amendment Former 52.2(c), requiring the return of the administrative record to the administrative or executive body or official to whom the remand order is directed, has been deleted as no longer necessary. 2023 Amendment RCFC 52.2(d) has been amended to eliminate the 2-copy requirement for the filing of the agency’s final decision or other action taken.