Transfers and Referrals

(a) Transfer From Another Court. (1) Filing Requirements. When the transfer of a case from another court is permitted by law, including compliance with 28 U.S.C. § 1292(d)(4)(B), the case will be filed in this court when the clerk receives: (A) a certified copy of the docket or record made in the other court; and (B) an order granting the transfer. (2) Notice of Filing. After a case is filed in this court, the clerk must serve the parties with a notice of the filing as required by RCFC 5. (3) Filing Fee. No filing fee is required in this court when all filing fees required in the other court are shown to have been paid. (4) Amended Complaint. Within 28 days after service of the notice of filing, the plaintiff must file an amended complaint, conforming the requirements of RCFC 5.5(d)(1) and setting forth the claim or claims transferred. to (5) Serving an Amended Complaint. The clerk must serve the amended complaint on the United States in accordance with RCFC 4. (b) Referral of a Case by the Comptroller General. (1) Serving a Notice. When a case is referred to the court by the Comptroller General, the clerk must serve a notice, under RCFC 5: (A) on each person whose name and address are shown by the papers transmitted and who appears to have an interest in the subject matter of the reference; and (B) on the Attorney General. (2) Contents of the Notice; Time for a Response. The notice required by this subdivision must: (A) indicate that the reference has been filed; (B) explain that the person notified appears to have an interest in the subject matter of the reference; and (C) advise that a complaint setting forth any claim of such person must be filed within 90 days. (3) If a Party Fails to Appear. If no interested person files a complaint within the time specified in the notice served by the clerk, the case will be submitted to the court upon the papers filed and upon such evidence, if any, as may be produced by the Attorney General. (As revised and reissued May 1, 2002; as amended Nov. 3, 2008, July 15, 2011.) RCFC 3 and 3.1 2 Rules Committee Notes 2002 Revision RCFC 3.1 has no FRCP counterpart. The rule formerly appeared in these rules as RCFC 84. The renumbering of RCFC 84 was intended to reflect its more logical placement in the organizational structure of the court’s rules. 2008 Amendment The language of RCFC 3.1 has been amended to conform to the general restyling of the FRCP. In addition, the restyled rule omits as unnecessary the former provision specifying the filing of “8 copies of the complaint filed in the other court” and the instruction that after the filing of the complaint, or after referral of a case by the Comptroller General, “further proceedings will be governed by this court’s rules.” 2011 Amendment RCFC 3.1(a)(4) has been amended to adopt the revised filing requirements of RCFC 5.5(d)(1) specifying that a plaintiff must file 2 copies of the complaint and, except a plaintiff appearing pro se, one copy of the complaint in electronic form using a disc in CD-ROM format when the complaint exceeds 20 pages.