Rules by Court of Federal Claims;

Judge’s Directives (a) In General. After giving public notice and an opportunity for comment, the United States Court of Federal Claims, acting by a majority of its judges, may adopt and amend rules governing its practice. Such rules, to the extent permitted by this court’s jurisdiction, must be consistent with the Federal Rules of Civil Procedure and must conform to any uniform numbering system prescribed by the Judicial Conference of the United States. A rule takes effect on the date specified by the court and remains in effect unless amended by the court. Copies of rules and amendments must, on their adoption, be furnished to the Administrative Office of the United States Courts and be made available to the public. (b) Procedure When There Is No Controlling Law. A judge may regulate practice in any manner consistent with federal law or rules adopted under 28 U.S.C. § 2072 or 2503(b). No sanction or other disadvantage may be for noncompliance with any imposed requirement not in federal law, federal rules, or these rules unless the alleged violator has been furnished in the particular case with actual notice of the requirement. (As revised and reissued May 1, 2002; as amended Nov. 3, 2008.) Rules Committee Notes 2002 Revision RCFC 83 is modeled after FRCP 83. The rule recognizes the court’s rule-making authority as set forth at 28 U.S.C. § 2503, as well as the assigned judge’s authority to regulate practice in an individual case, so long as that practice is consistent with federal law and rules. (A) In General. Any person of good moral character who is a member in good standing of the bar of the highest court of any U.S. state, territory, or possession or the District of Columbia may be admitted to practice as a member of the bar of this court. (B) Procedures for Admission. A person may be admitted to practice as a member of the bar of this court by oral motion verified or application. (i) By Oral Motion by in website an Admissions Proceeding. A member of the bar of this court may make an oral motion to admit an applicant to the bar during the monthly attorney admissions proceeding held at the Howard T. Markey National Courts Building, 717 Madison Place, NW, Washington, DC 20439, at the times posted on the court’s at www.uscfc.uscourts.gov (generally on Thursday of the first full week in every month). Motions will be heard in a courtroom posted in the lobby of the courthouse on the day of the proceeding. Applicants for admission must check in with the clerk’s office no later than 30 minutes before the start of the proceeding. At least one week in the proceeding, advance of applicants submit must electronically the following: (I) a “Form for Admission via in Open Court” the court’s Motion (available on website); 99 RCFC 81, 82, 83 and 83.1 (II) a certificate of the clerk of the highest court of any U.S. state, territory, or possession or the District of Columbia issued which has been within the last 30 days and states that the applicant is a member in good standing of the bar of such court; and (III) payment of the admission in RCFC forth fee set 83.1(a)(1)(D); Applicants who for special reasons are unable to appear for admission on one of the posted dates should contact the clerk’s office to make alternate arrangements. (ii) By Verified Application. A person may seek admission to practice as a member of the bar of this court without appearing in person submitting by electronically the following: (I) a verified application for admission (see Appendix of Forms, Form 1); (II) a certificate of the clerk of the highest court of any U.S. state, territory, or possession or the District of Columbia which has been issued within the last 30 days and states that the applicant is a member in good standing of the bar of such court; (III) a letter or signed statement of a member of the bar of this court or of the Supreme Court of the United States, not related to the applicant, affirming that the applicant is personally known to him or her, that the applicant the all possesses qualifications required for admission to the bar of this court, that he or she has examined the application, and the applicant’s personal and professional that of RCFC 83.1 cont. 100 in in the character and standing are good; form (IV) an oath prescribed RCFC 83.1(a)(1)(C) signed by the applicant and administered by an officer authorized to administer oaths in the U.S. or state, possession or the District of Columbia where the oath is given, or as permitted by 28 U.S.C. § 1746; and territory, (V) payment of the admission in RCFC fee set forth 83.1(a)(1)(D). (C) Oath. An applicant for admission to practice as a member of the bar of this court must take the following oath, to be administered by the presiding judge or by the clerk: I, _______, do solemnly swear (or affirm) that I will support the Constitution of the United States and that I will conduct myself in an upright manner as an attorney of this court. the applicant this court or (D) Fee. Unless is is employed by representing the United States before this court, the applicant must pay the admission fee in accordance with the fee schedule posted on the court’s website at www.uscfc.uscourts.gov. The admission fee includes $100.00 above the amount prescribed by the Judicial Conference of the United States pursuant to 28 U.S.C. § 1926(a). The clerk will deposit this additional sum in a fund to be used by the court for the benefit of the members of the bench and the bar in the administration of justice. (E) Notice to the Court. A person admitted to practice as a member of the bar of this court must notify the clerk within 30 days of: (i) any change address; and the person’s in (ii) any change in the status of the person’s membership in the bar of the jurisdiction upon which the person’s admission to the bar of this court is based. If the clerk receives notice that, for reasons not listed in RCFC 83.2, a person has withdrawn, resigned, or retired from such jurisdiction, failed to renew his or her admission to such jurisdiction, or is otherwise ineligible to practice law in such jurisdiction, the clerk will strike the person’s name from the roll of members of the bar of this court. (2) Appearing Pro Hac Vice (A) In General. Any person who is a member in good standing of the bar of the highest court of any U.S. state, territory, or possession or the District of Columbia may, upon leave of court, appear pro hac vice on behalf of a party in a particular case. A person admitted to appear pro hac vice the disciplinary is within jurisdiction of this court. (B) Procedure for Admission. A person seeking to appear pro hac vice on behalf of any party must file a motion signed by an attorney of record for that party who is a member of the bar of this court, accompanied by a declaration by the nonmember that sets forth: the full name of the person; (i) (ii) the person’s address, e-mail address, and telephone number; and (iii) a statement that the person is a member in good standing of the bar of the highest court of a U.S. state, territory, possession or the District of Columbia, with such court being identified. (C) Fee. An order of the court granting a motion to appear pro hac vice must require the nonmember to pay an admission fee of $75.00, unless the court waives the fee for good cause shown. The clerk will deposit this sum in a fund to be used by the court for the benefit of the members of the bar bench administration of justice. and the in the (D) Notice to the Court. A person admitted to appear pro hac vice must notify the clerk within 30 days of: (i) any change the person’s in contact information; and (ii) any change in the status of the peron’s membership in the bar of the jurisdiction upon which the attorney’s vice pro admission is based. hac (3) Foreign Attorneys. (A) In General. Any person qualified to practice in the highest court of any foreign nation may be specially admitted to practice before this court but only for purposes limited to a particular case; such person may not serve as the sole attorney of record. (B) Procedures for Admission. A person seeking to appear as a foreign attorney on behalf of any party must file a motion signed by an attorney of record for that party who is a member of the bar of this court at least 7 days prior to the court’s consideration of the motion. In the case of such an admission, an oath and fee are not required. (4) Pro Se Litigants. Except as otherwise provided by statute, persons who are not attorneys may represent themselves but may not represent a corporation, an entity, or any other person in any proceeding before this court. The terms counsel, attorney, and attorney of record include such persons appearing pro se. (b) Attorney of Record. (1) In General. A person who is a member in good standing of the bar of this court, or a person who is authorized to practice before this court under RCFC 83.1(a)(2) or (a)(3), may appear, sign and file papers, and otherwise practice in this court as an attorney of record on behalf of a party. Except for a pro se litigant appearing under RCFC 83.1(a)(4), a party must be represented by at least one attorney of record (not a firm). 101 RCFC 83.1 cont. (2) Entering an Appearance. (A) Timing and Form. Except as otherwise set forth in this rule, each attorney appearing on behalf of a party must promptly file a notice of appearance before the attorney’s first appearance or filing in the case. The notice of appearance must provide the attorney’s name, address, e-mail address, telephone number, and the name of the party of parties represented. An attorney who files the initial pleading or paper on behalf of a party other than the United States need not file a separate notice of appearance; that attorney will be deemed to have entered a notice of appearance on behalf of the party or parties on whose behalf the initial filing is made. (B) Lead Attorney. One attorney of record for each party must be designated in the court’s electronic- filing system as lead attorney. The lead attorney will bear principal responsibility for the conduct of the case on behalf of that party. (C) Changes in Contact Information. An attorney of record must promptly file a notice of any change in the attorney’s contact information. (D) Effect of Appearance. An attorney’s notice of appearance on behalf of a party, or a motion under RCFC 83.1(a)(2) or (a)(3), constitutes a representation that the attorney is authorized to act and speak for the party for all purposes incident to the matter in which the appearance is filed. (3) Substituting Counsel. (A) By Parties Other than the United States. (i) In General. Any party other than the United States may seek leave of court to substitute its lead attorney at any time by filing a motion signed by the party or by the newly designated attorney along with an affidavit of appointment by such attorney. enter (I) With the Consent of the Previous Attorney. If the previous attorney’s consent is annexed to or indicated in the motion, the clerk will automatically the substitution on the docket. (II) Without the Consent of the Previous Attorney. If the motion is filed without the the previous consent of attorney, previous the attorney must be served with the motion and will have 14 days to show cause why the motion should not be allowed. (ii) Death of the Previous Attorney. In the event of the death of the lead attorney, the party must promptly notify the court and move substitute another attorney. to (B) By the United States. The United States may lead attorney at any time by filing a notice of substitution of counsel signed by the newly designated attorney. substitute its (4) Withdrawing Counsel. (A) In General. An attorney of record for a party may withdraw that attorney’s appearance by filing a notice of withdrawal signed by the attorney. A lead attorney may not withdraw that attorney’s appearance except by leave of court on motion. (B) Service. In the case of an attorney of record for a party other than the United States, a notice of withdrawal or a motion to withdraw may be filed only after notice is served on the attorney’s client. (c) Honorary Bar Membership. Upon nomination by the chief judge and with the approval of the other judges, the court may present an honorary membership in the bar of this court to a distinguished professional of the United States or of another nation who is knowledgeable in the affairs of law and government in his or her respective country. The candidate for honorary membership will RCFC 83.1 cont. 102 be presented at the bar in person and will receive a certificate of honorary bar membership. (As revised and reissued May 1, 2002; as amended Aug. 2, 2005, June 20, 2006, Nov. 3, 2008, Jan. 11, 2010, July 15, 2011, July 1, 2019, Aug. 3, 2020, July 28, 2025.) Rules Committee Notes 2002 Revision RCFC 83.1 has no FRCP counterpart. Former titled “Content of Briefs or RCFC 83.1, Memoranda; Length of Briefs or Memoranda,” has been renumbered as RCFC 5.2. The renumbering of RCFC 83.1 was intended to the in reflect organizational structure of this court’s rules. logical placement its more 2008 Amendment The language of RCFC 83.1 has been amended to conform to the general restyling of the FRCP. 2010 Amendment (paragraph RCFC 83.1 has been amended to restate the qualifications for admission to practice before the court (paragraph (b)(1)) and the procedures for admission, whether by oral motion or by verified application (b)(2)). Specifically, admission to the highest court of any U.S. state, territory, or possession or the District of the only Columbia will be recognized as acceptable qualification for admission to practice this court and confirmation of an before applicant’s admission require submission of a current certificate of good standing prepared by the clerk of such court. status will The substance of the rule reflects the text of former RCFC 81, as modified. Paragraph (2) of subdivision (c) (formerly paragraph (d)(2) of RCFC 81) was amended to formalize the court’s practice of allowing joint filings to be signed by one counsel, on behalf of both counsel, when authorized to do so by opposing counsel. Also, subdivision (e) of former RCFC 81 (relating to attorneys’ fees and expenses) was not retained as part of this rule but was, instead, incorporated into RCFC 54(d)(2). In addition, former General Order No. 15, titled “Honorary Bar Membership,” was slightly modified and moved to new subdivision 83.1(d). 2005 Amendment RCFC 83.1(b)(4) (Fee for Admission) has been amended to set forth the practice, under guidelines approved by the Judicial Conference of the United States, of adding an amount to the admission fee set pursuant to 28 U.S.C. § 1926(a) for deposit into a fund to be used by the court for the benefit of the members of the bench and the bar in the administration of justice. 2006 Amendment Subdivision 83.1(b)(2)(A) (Admission to Practice Upon Oral Motion) has been amended to provide some flexibility respecting when motions for admission to practice will be heard upon oral motion. In addition, the time period of 3 days formerly set forth in RCFC 83.1(b)(5)(B) has been changed to 7 days in accordance with the FRCP’s general guidelines for time computation that became effective December 1, 2009. 2011 Amendment RCFC 83.1(a) has been amended to clarify that eligibility to practice before this court requires that an attorney be a member in good standing of the bar of the highest court of any U.S. state, territory, or possession or the District of Columbia as well as a member in good standing of this court’s own bar. In addition, subdivision (b) has been amended by adding a new paragraph (5) requiring an attorney admitted to practice before this court to provide the clerk with timely notice of any change in the attorney’s address and any change in the status of the attorney’s membership in the bar of the jurisdiction upon which the attorney’s admission to the bar of this court was based. To accommodate the addition of new paragraph (5), former paragraph (5) (“Foreign Attorneys”) has been renumbered as paragraph (6). Finally, subparagraphs (c)(3)(A) and (B) have been amended to require the inclusion of an electronic mail address by the attorney of record for any party. 103 RCFC 83.1 cont. 2019 Amendment RCFC 83.1(c)(3)(A) and (B) have been amended to eliminate the references to facsimile number. 2020 Amendment RCFC 83.1(a)(2)(B) has been amended to clarify that the attorney of record for any party may request, either orally or by written motion, that an attorney be permitted to participate pro hac vice. RCFC 83.1(b) has been amended to reflect that applications for admission to practice before the court are submitted electronically. Item (b)(2)(A)(ii) (“By Oral Motion in a Proceeding Outside Washington, DC”) has also been deleted as unnecessary. In addition, RCFC 83.1(b)(5) has been amended to require that an attorney notify the clerk within 30 days of any change in the attorney’s address and of any change in the status of the attorney’s membership in the bar of the jurisdiction upon which the attorney’s admission to the bar of this court is based. Finally, RCFC 83.1(b)(5)(B) has been expanded to authorize the clerk to automatically strike an attorney’s name from the roll of members of the bar of this court if the clerk receives notice that, for reasons not listed in RCFC 83.2, the attorney has been ineligible to practice law in the jurisdiction upon which the attorney’s admission to the bar of this court is based. 2025 Amendment RCFC 83.1 has been reorganized to include former subdivision (b) (“Admission to Practice”) as part of subdivision (a) (“Eligibility to Practice”). In addition, new RCFC 83.1(a)(1)(B) has been amended to require only one letter or signed statement of a member of the bar of this court or of the Supreme Court of the United States when applying for admission by verified application. RCFC 83.1(a)(2) has been amended to impose additional requirements on attorneys seeking to appear pro hac vice and to make clear that attorneys appearing pro hac vice may, with the assigned judge’s approval, appear on behalf of a party in an indefinite number of case-specific proceedings. RCFC 83.1(a)(4) has been amended by removing the phrase “or a member of one’s immediate family” to align with the requirements of 28 U.S.C. § 1654 (“parties may plead and conduct their own cases personally or by counsel”). Finally, RCFC 83.1(b) has been amended to allow more than one attorney to appear, sign and file papers, and practice in this court as an attorney of record on behalf of a party. Corresponding changes to the procedures for entering an appearance, substituting counsel, and withdrawing an appearance have also been made.