Scheduling Cases for Trial

The judge to whom a case is assigned is responsible for setting the case for trial by filing an order with the clerk. The court must give priority to actions entitled to priority by a federal statute. (As revised and reissued May 1, 2002; as amended Nov. 3, 2008.) Rules Committee Notes 2002 Revision RCFC 40 parallels, but is not identical to, FRCP 40. Like its FRCP counterpart, however, the purpose of the rule is to identify the responsibility of the judge in scheduling a matter for trial. The changes made to the text of the rule are minor and intended to clarify the rule’s essential purpose, i.e., that it is the judge’s responsibility to determine the date and place of trial in accordance with 28 U.S.C. §§ 173, 798(a), and 2503(c). 2008 Amendment The language of RCFC 40 has been amended to conform to the general restyling of the FRCP.