VACCINE RULES

APPENDIX B

RULES OF THE UNITED STATES

COURT OF FEDERAL CLAIMS 

As amended through July 31, 2023
i 

APPENDIX B

VACCINE RULES OF THE UNITED STATES COURT

OF FEDERAL CLAIMS

TABLE OF CONTENTS

TITLE I. SCOPE OF RULES; COMMENCING AN ACTION.............................120

Rule 1. Scope of Rules .........................................................................................120

Rule 2. Commencing an Action ...........................................................................120

TITLE II. PROCEEDINGS BEFORE THE SPECIAL MASTER ..........................122

Rule 3. Role of the Special Master .......................................................................122

Rule 4. Respondent’s Review of Petitioner’s Records; Early Status Conference; 

Respondent’s Report ................................................................................122

Rule 5. Preliminary Status Conference and Tentative Findings and 

Conclusions ..............................................................................................122

Rule 6. Informal Status Conferences ....................................................................123

Rule 7. Discovery .................................................................................................123

Rule 8. Taking Evidence; Hearing Argument ......................................................123

Rule 9. Suspending Proceedings ..........................................................................124

Rule 10. Decision of the Special Master ................................................................124

TITLE III. JUDGMENT AND FURTHER PROCEEDINGS...................................125

Rule 11. Judgment ..................................................................................................125

Rule 12. Election ....................................................................................................125

Rule 13. Attorney’s Fees and Costs .......................................................................126

TITLE IV. GENERAL PROVISIONS ......................................................................126

Rule 14. Attorneys ..................................................................................................126

Rule 15. Third Parties .............................................................................................127

Rule 16. Caption of Filings ....................................................................................127

Rule 17. Serving and Filing Parties After the Petition ...........................................127

Rule 18. Availability of Filings.. ............................................................................127

Rule 19. Computing and Extending Time ..............................................................128

Rule 20. Motions and Other Papers; Time for Filing; Oral Argument ..................129

Rule 21. Dismissal of Petitions ..............................................................................129

TITLE V. REVIEW OF A DECISION OF THE SPECIAL MASTER ...................130

Rule 22. General [Abrogated (eff. Jan. 2, 2001); abrogation published as 

part of revisions dated May 1, 2002.] ......................................................130

Rule 23. Motion for Review ...................................................................................130

Rule 24. Memorandum of Objections ....................................................................130
ii

Rule 25. Response ..................................................................................................130

Rule 26. Assigning a Case for Review...................................................................130

Rule 27. Reviewing a Decision of the Special Master...........................................130

Rule 28. Time for Review ......................................................................................131

Rule 28.1. Decision on Remand................................................................................131

Rule 29. Withdrawing a Petition ............................................................................131

Rule 30. Judgment..................................................................................................131

Rule 31. Motion for Reconsideration .....................................................................131

Rule 32. Notion of Appeal......................................................................................131

Rule 33. Election ....................................................................................................132

Rule 34. Attorney’s Fees and Costs Following Review.........................................132

Rule 35. Availability of Filings [Abrogated (eff. Jan. 2, 2001); abrogation

published as part of revisions dated May 1, 2002.] .................................132

TITLE VI. RELIEF FROM JUDGMENT.................................................................132

Rule 36. Relief from a Judgment............................................................................132

SUPPLEMENT TO VACCINE RULES

Electronic Case Filing Procedure in Vaccine Act Cases.................................................137

SECOND SUPPLEMENT TO VACCINE RULES

Attorney’s Fees and Costs ...............................................................................................145
120 

APPENDIX B

VACCINE RULES OF THE UNITED STATES

COURT OF FEDERAL CLAIMS

TITLE I. S C O P E O F R U L E S; 

COMMENCING AN ACTION

Rule 1. Scope of Rules

(a) In General. These rules govern all

proceedings before the United States Court of

Federal Claims pursuant to the National

Childhood Vaccine Injury Act, as amended,

42 U.S.C. §§ 300aa-1 to -34 (Vaccine Act),

including proceedings before the Office of

Special Masters and any subsequent

proceedings before a judge of the Court of

Federal Claims.

(b) Matters Not Specifically Addressed by the

Vaccine Rules. In any matter not specifically

addressed by the Vaccine Rules, the special

master or the court may regulate the

applicable practice, consistent with these

rules and with the purpose of the Vaccine

Act, to decide the case promptly and

efficiently.

(c) Applying the RCFC. The RCFC apply only

to the extent they are consistent with the

Vaccine Rules.

(As revised and reissued May 1, 2002; as 

amended July 13, 2009.)

Rule 2. Commencing an Action 

(a) In General. A proceeding for compensation

under the Vaccine Act is commenced by

filing a petition with the United States Court

of Federal Claims. Only one petition may be

filed with respect to each administration of a

vaccine.

(b) Number of Copies; Signature; Cover Sheet

(1) Paper Form. Petitioner must forward

one copy of the petition, including an

original signature and a completed cover

sheet (see Appendix of Forms, Form 2),

by mail or other delivery, to:

Clerk

United States Court of Federal

 Claims

717 Madison Place, NW 

Washington, DC 20439 

A copy of the applicable schedule of fees 

may be found on the court’s website at 

www.uscfc.uscourts.gov or may be 

obtained by contacting the clerk’s office. 

(2) Electronic Form. If petitioner is not

appearing pro se pursuant to Vaccine

Rule 14, petitioner may file the petition,

along with a completed cover sheet,

electronically in the court’s electronicfiling system in compliance with the

Supplement to the Vaccine Rules.

(c) Contents of a Petition.

(1) The Petition. The petition must set forth:

(A) a short and plain statement of the

grounds for an award of

compensation, including:

(i) the name of the individual to

whom the vaccine was

administered;

(ii) the date and place of the

vaccination;

(iii) a specific description of the

injury alleged; and

(iv) whether the injury claimed is

contained within the Vaccine

Injury Table (see “Guidelines for

Practice Under the National

Vaccine Injury Compensation

Program,” Attachment 8, posted

on the court’s website at

www.uscfc.uscourts.gov); and

(B) a specific demand for relief to which

the petitioner asserts entitlement or a

statement that such demand will be

deferred pursuant to 42 U.S.C. §

300aa- 11(e).

(2) Required Attachments. As required by

42 U.S.C. § 300aa-11(c), the petition

must be accompanied by the following

documents:

(A) Medical Records. Petitioner must

include a certified copy of all

Appendix B
121 

available medical records supporting 

the allegations in the petition, 

including physician and hospital 

records relating to:

(i) the vaccination itself;

(ii) the injury or death, including, if

applicable, any autopsy reports

or death certificate;

(iii) any post-vaccination treatment

of the injured person, including

all in-patient and out-patient

records, provider notes, test

results, and medication records;

and

(iv) if the injured person was

younger than five years when

vaccinated, the mother’s

pregnancy and delivery records

and the infant’s lifetime records,

including physicians’ and

nurses’ notes, test results, and

well-baby visit records, as well

as growth charts, until the date of

vaccination.

(B) Affidavits.

(i) If the required medical records

are not submitted, the petitioner

must include an affidavit

detailing the efforts made to

obtain such records and the

reasons for their unavailability.

(ii) If petitioner’s claim does not rely

on medical records alone but is

also based in any part on the

observations or testimony of any

person, the petitioner should

include the substance of each

person’s proposed testimony in a

detailed affidavit(s) supporting

all elements of the allegations

made in the petition.

(C) Proof of Authority to File in a

Representative Capacity. If the

petition is filed on behalf of a

deceased person or is filed by an

individual other than the injured

person or the parent of an injured

minor, the petition must also be

accompanied by documents

establishing the authority to file the

petition in a representative capacity

or a statement explaining when such 

documentation will be available. 

(d) Format. All documents accompanying a

petition filed in paper form must comply with

RCFC 5.5(c) and be assembled into one or

more bound volume(s) or three-ring

notebook(s). Each bound volume or

notebook must contain the caption of the case

and a table of contents, and all pages of each

bound volume or notebook must be

numbered consecutively.

(e) Service.

(1) The petition must include a certificate of

service in accordance with RCFC 5.3

stating that one copy of the petition and

accompanying documents has been

served on the Secretary of Health and

Human Services. The petition may be

served either:

(A) by first class or certified mail, to:

Secretary, Health and Human

Services

Director, Division of Injury

 Compensation Programs 

Health Resources and 

 Services Administration 

National Vaccine Injury 

 Compensation Program (VICP) 

5600 Fishers Lane, Room 8W-25A

Rockville, MD 20857; or 

(B) electronically (see

https://www.hrsa.gov/vaccinecompensation/index.html).

(2) The clerk must serve one copy of the

petition and accompanying documents

on the Attorney General.

(f) Statement of Completion.

(1) Petitioner should file a “Statement of

Completion,” indicating that a certified

copy of all medical and other records

relevant to the petition has been filed, as

soon as possible after the petition is filed.

(2) If additional medical records or other

documents are necessary to complete the

record, petitioner should delay filing the

Statement of Completion until all

necessary and relevant records have been

filed.

(3) The record certification requirement may

be waived by order of the special master

or the court.

Appendix B cont.
122 

(As revised and reissued May 1, 2002; as 

amended Sept. 15, 2003, Aug. 2, 2005, July 13, 

2009, July 15, 2011, Aug. 3, 2015, Aug. 1, 2016, 

Aug. 1, 2017, July 1, 2019, Aug. 2, 2021, July 31, 

2023.) 

TITLE II. PROCEEDINGS BEFORE 

THE SPECIAL MASTER

Rule 3. Role of the Special Master

(a) Case Assignment. After a petition has been

filed with the clerk, the chief special master

will assign the case to a special master to

conduct proceedings in accordance with the

Vaccine Rules.

(b) Duties. The special master is responsible for:

(1) conducting all proceedings, including

taking such evidence as may be

appropriate, making the requisite

findings of fact and conclusions of law,

preparing a decision, and determining the

amount of compensation, if any, to be

awarded; and

(2) endeavoring to make the proceedings

expeditious, flexible, and less

adversarial, while at the same time

affording each party a full and fair

opportunity to present its case and

creating a record sufficient to allow

review of the special master’s decision.

(c) Absence. In the absence of the assigned

special master, the chief special master may

act on behalf of the special master or

designate another special master to act.

(d) Reassignment. When necessary for the

efficient administration of justice, the chief

special master may reassign the case to

another special master.

(As revised and reissued May 1, 2002; as 

amended July 13, 2009.)

Rule 4. Respondent’s Review of Petitioner’s 

Records; Early Status Conference; 

Respondent’s Report

(a) Respondent’s Review of Petitioner’s

Records.

(1) In General. Within 30 days after the

filing of a petition, respondent must

review the accompanying documents to

determine whether all information 

necessary to enable respondent to 

evaluate the merits of the claim has been 

filed.

(2) Missing Documents. If respondent

concludes that relevant documents are

missing, respondent must immediately

notify petitioner regarding the perceived

omission.

(3) Disagreement Between the Parties. If

the parties disagree about the

completeness of the records filed or the

relevance of the requested information,

either party may request the special

master to resolve the matter.

(b) Early Status Conference. The special

master may convene an early status

conference within 45 days after the filing of

the petition to discuss the case.

(c) Respondent’s Report.

(1) In General. Within 90 days after the

filing of a petition, or in accordance with

any schedule set by the special master

after petitioner has satisfied all required

documentary submissions, respondent

must file a report setting forth a full and

complete statement of its position as to

why an award should or should not be

granted.

(2) Contents. The report must contain

respondent’s medical analysis of

petitioner’s claims and must present any

legal arguments that respondent may

have in opposition to the petition.

General denials are not sufficient.

(As revised and reissued May 1, 2002; as 

amended Aug. 2, 2005, July 13, 2009.) 

Rule 5. Preliminary Status Conference and 

Tentative Findings and Conclusions

(a) In General. The special master will hold a

status conference within 30 days after the

filing of respondent’s report under Vaccine

Rule 4(c) to:

(1) afford the parties an opportunity to

address each other’s positions;

(2) review the materials submitted and

evaluate the parties’ respective positions;

and

Appendix B cont.
123 

(3) present tentative findings and

conclusions.

(b) Scheduling Order. At the conclusion of this

status conference, the special master may

issue a scheduling order outlining the

necessary proceedings for resolving the

issues presented in the case.

(c) Imposing Fees and Costs.

(1) Authority. To ensure effective case

management, the special master is

authorized under RCFC 16(f)(2) to order

a party, its attorney, or both to pay the

reasonable expenses—including

attorney’s fees—incurred because of any

noncompliance with a scheduling or

other pretrial order unless the

noncompliance was substantially

justified or other circumstances make an

award of expenses unjust.

(2) Contents of the Order. The special

master’s order imposing fees and costs

must describe the noncompliance and

explain the basis for the imposition of

fees and costs.

(3) Review. An order by a special master

imposing fees and costs will be

reviewable by an assigned judge on

motion by the noncompliant party or the

noncompliant party’s attorney either:

(A) upon the filing of the special

master’s decision; or

(B) upon the filing of an order

concluding proceedings.

(As revised and reissued May 1, 2002; as 

amended July 13, 2009, Jan. 11, 2010.) 

Rule 6. Informal Status Conferences

(a) In General. To expedite the processing of

the case, the special master will conduct

informal status conferences on a periodic

basis.

(b) Input From the Parties. A party may:

(1) request a status conference at any time;

and

(2) propose procedures to aid in resolving

the case in the least adversarial and most

efficient way possible.

(As revised and reissued May 1, 2002; as 

amended July 13, 2009.)

Rule 7. Discovery

(a) In General. There is no discovery as a matter

of right. The informal and cooperative

exchange of information is the ordinary and

preferred practice.

(b) Formal Discovery.

(1) By Motion. If a party believes that

informal discovery is not sufficient, the

party may move the special master, either 

orally during a status conference or by

filing a motion, to employ any of the

discovery procedures set forth in RCFC

26–37.

(2) Contents of the Motion. The moving

party must indicate the discovery sought

and state with particularity the reasons

therefor, including an explanation as to

why informal discovery techniques have

not been sufficient.

(c) Subpoena. The special master’s approval is

required before the clerk or counsel may

issue a subpoena that is otherwise in

compliance with RCFC 45. See RCFC

Appendix of Forms, Form 7A.

(As revised and reissued May 1, 2002; as 

amended July 13, 2009, Aug. 2, 2021.)

Rule 8. Taking Evidence; Hearing 

Argument

(a) In General. The special master will

determine the format for taking evidence and

hearing argument based on the specific

circumstances of each case and after

consultation with the parties.

(b) Evidence.

(1) Rules. In receiving evidence, the special

master will not be bound by common law

or statutory rules of evidence but must

consider all relevant and reliable

evidence governed by principles of

fundamental fairness to both parties.

(2) Form. The parties may present evidence

in the form of documents, affidavits, or

oral testimony which may be given in

person or by telephone, videoconference,

or videotape.

(c) Conducting an Evidentiary Hearing.

(1) Purpose. The special master may

conduct an evidentiary hearing to

provide for the questioning of witnesses

Appendix B cont.
124 

either by the special master or by 

counsel, or for the submission of sworn 

testimony in written form.

(2) Subpoenas. The special master may

order the clerk or counsel to issue a

subpoena requiring the attendance of a

witness at the hearing.

(3) Transcript. The hearing will be recorded

and, upon request of a party or the special

master, will be transcribed in accordance

with RCFC 80.1.

(d) Decision Without an Evidentiary Hearing.

The special master may decide a case on the

basis of written submissions without

conducting an evidentiary hearing.

Submissions may include a motion for

summary judgment, in which event the

procedures set forth in RCFC 56 will apply.

(e) Hearing Argument. The special master may

hear argument during a scheduled telephone

conference or a hearing, or through written

submissions. The special master may

establish requirements for any written

submissions, e.g., contents or page

limitations, as appropriate.

(f) Waiver of a Fact or Argument.

(1) In General. Any fact or argument not

raised specifically in the record before

the special master will be considered

waived and cannot be raised by either

party in proceedings on review of a

special master’s decision.

(2) Exception. This rule does not apply to

legal arguments raised by the party that

stands in the role of the appellee on

review.

(As revised and reissued May 1, 2002; as 

amended July 13, 2009, Aug. 30, 2013.) 

Rule 9. Suspending Proceedings

(a) In General. On motion of a party and for

good cause shown, the special master may

suspend proceedings on a petition.

(b) Period of Suspension.

(1) Initial Motion. The special master will

grant an initial motion for suspension,

filed by either party, for a period of 30

days.

(2) Subsequent Motions. The special master

may grant subsequent motions for

suspension, if deemed appropriate, for 

not more than 150 additional days in 

total.

(c) Effect. All periods of suspension will be

excluded for purposes of the time limitations

set forth in 42 U.S.C. § 300aa-12(d)(3)(A)

and Vaccine Rules 4(c) and 10.

(As revised and reissued May 1, 2002; as 

amended June 20, 2006, July 13, 2009.) 

Rule 10. Decision of the Special Master

(a) In General. Pursuant to 42 U.S.C. § 300aa12(d)(3)(A), the special master will issue a

decision on the petition with respect to

whether an award of compensation is to be

made and, if so, the amount thereof.

(b) Timing. The special master must issue a

decision on the petition within 240 days after

the date the petition was filed, exclusive of

any periods of:

(1) remand; or

(2) suspension pursuant to Vaccine Rule 9.

(c) Effect. The special master’s decision

concludes the proceedings on the petition,

except for any ancillary proceedings pursuant

to Vaccine Rules 12(b) or 13.

(d) Failing to Issue a Timely Decision.

(1) Notice to Petitioner. If the special master

fails to issue a decision within the time

specified in Vaccine Rule 10(b), the

special master must file a notice to

petitioner pursuant to 42 U.S.C. § 300aa12(g)(1).

(2) Notice to Continue or to Withdraw the

Petition. Within 30 days after the date of

filing of the special master’s notice, the

petitioner may file a notice to continue or

to withdraw the petition pursuant to 42

U.S.C. § 300aa-21(b).

(3) Concluding Proceedings. If the

petitioner elects to withdraw the petition,

the special master must issue an order

concluding proceedings. The special

master’s order, upon entry, will be

deemed a judgment for purposes of 42

U.S.C. § 300aa-15(e)(1).

(e) Motion for Reconsideration.

(1) Initial Motion. Either party may file a

motion for reconsideration of the special

master’s decision within 21 days after the

Appendix B cont.
125 

issuance of the decision, if a judgment 

has not been entered and no motion for 

review under Vaccine Rule 23 has been 

filed.

(2) Response. The special master may seek a

response from the nonmoving party,

specifying both the method of and the

timing for the response.

(3) Ruling on the Motion. The special

master has the discretion to grant or deny

the motion, in the interest of justice.

(A) If Granted. If the special master

grants the motion for

reconsideration, the special master

must file an order withdrawing the

challenged decision. The decision,

once withdrawn, becomes void for

all purposes and the special master

must subsequently enter a

superseding decision. The special

master may not, however:

(i) issue an order withdrawing a

decision if either a judgment has

been entered or a motion for

review has been filed; or

(ii) issue a superseding decision

reaching a result different from

the original decision without

affording the nonmoving party

an opportunity to respond to the

moving party’s arguments.

(B) If Denied or Not Acted Upon. The

filing of a motion for reconsideration

will not toll the 30-day period for

filing a motion for review pursuant to 

Vaccine Rule 23. If the special

master denies the motion for

reconsideration or fails to act upon

the motion, the 30-day period for

filing a motion for review will

continue to run and either party may

file a motion for review before the

expiration of that period.

(As revised and reissued May 1, 2002; as 

amended Aug. 2, 2005, July 13, 2009, Aug. 3, 

2020.) 

TITLE III. JUDGMENT AND FURTHER 

PROCEEDINGS

Rule 11. Judgment

(a) In General. If a motion for review under

Vaccine Rule 23 is not filed within 30 days

after either the filing of the special master’s

decision under Vaccine Rule 10 or the entry

of an order of dismissal under Vaccine Rule

21(b), the clerk will enter judgment

immediately. The clerk may enter judgment

prior to the expiration of the 30-day period if

each party files a notice stating that the party

will not seek such review.

(b) Stipulation for Judgment. Any stipulation

for a money judgment must be signed by

authorized representatives of the Secretary of

Health and Human Services and the Attorney

General.

(As revised and reissued May 1, 2002; as 

amended June 20, 2006, July 13, 2009, Aug. 3, 

2015.) 

Rule 12. Election

(a) In General. Within 90 days after the entry of

judgment under Vaccine Rule 11, petitioner

must file with the clerk an election either:

(1) to accept the judgment; or

(2) to file a civil action for damages for the

alleged injury or death.

(b) Failure to File an Election. If petitioner fails

to file an election within the time prescribed,

petitioner will be deemed to have filed an

election to accept the judgment.

(c) Moving for Limited Compensation.

(1) In General. If petitioner does not elect to

receive an award of compensation, the

election to file a civil action for damages

may be accompanied by a motion for the

limited compensation provided by 42

U.S.C. § 300aa-15(f)(2).

(2) Decision on the Motion. The clerk will

forward the motion to the special master

for a decision thereon. The decision of

the special master on the motion

constitutes a separate decision for

purposes of Vaccine Rules 11, 18, and

23.

(3) Waiver. If such a motion is not filed at

the time the election is filed, petitioner

Appendix B cont.
126 

will be deemed to have waived the 

limited compensation.

(As revised and reissued May 1, 2002; as 

amended June 20, 2006, July 13, 2009.) 

Rule 13. Attorney’s Fees and Costs 

(a) In General. Any request for attorney’s fees

and costs pursuant to 42 U.S.C. § 300aa15(e) must be filed no later than 180 days

after the entry of judgment or the filing of an

order concluding proceedings under Vaccine

Rule 10(d)(3) or 29, unless otherwise

ordered. A timely motion for enlargement of

time may be sought pursuant to Vaccine Rule

19. A motion for enlargement of time to file

a request for attorney’s fees and costs is

timely if filed within 180 days following the

entry of judgment or the filing of an order

concluding proceedings.

(1) Contents of the Request. Petitioner must

include any and all materials necessary to

substantiate the request, including, but

not limited to, the contents specified in

the Second Supplement to Appendix B.

Failure to include complete

documentation in support of the request

may result in the denial, or reduction in

amount, of an attorney’s fees and costs

award.

(2) Untimely Request. Absent compelling

circumstances, an untimely request for

attorney’s fees and costs may result in the 

denial, or reduction in amount, of an

attorney’s fees and costs award.

(3) Response and Reply. Respondent may

file a response and petitioner may file a

reply pursuant to Vaccine Rule 20. The

failure of respondent to identify with

particularity any objection to a request

for attorney’s fees and costs may be taken 

into consideration by the special master

in the decision.

(b) Decision on the Motion. Except for a request

for fees and costs arising under Vaccine Rule

34(b), the clerk will forward the fee request

to the special master for a decision thereon.

The decision of the special master on the fee

request—including a request for interim

fees—constitutes a separate decision for

purposes of Vaccine Rules 11, 18, and 23.

(As revised and reissued May 1, 2002; as 

amended Aug. 2, 2005, July 13, 2009, July 31, 

2023.) 

TITLE IV. GENERAL PROVISIONS

Rule 14. Attorneys 

(a) Eligibility to Practice.

(1) In General. An attorney is eligible to

practice before the Office of Special

Masters if the attorney is a member of the

bar of the United States Court of Federal

Claims under RCFC 83.1 and complies

with the Vaccine Rules.

(2) Pro Se Litigants. An individual who is

not an attorney may represent oneself or

a member of one’s immediate family.

The terms counsel, attorney, or attorney

of record in the Vaccine Rules include

such individuals appearing pro se.

(b) Attorney of Record.

(1) In General. A party may have only one

attorney of record in a case at any one

time and, with the exception of a pro se

litigant appearing under Vaccine Rule

14(a), must be represented by an attorney

(not a firm) admitted to practice before

the Court of Federal Claims. Any

attorney assisting the attorney of record

must be designated “of counsel.”

(2) Contact Information. The attorney of

record must include on all filings the

attorney’s name, address, electronic mail

address, and telephone number and must

promptly file with the clerk and serve on

all other parties a notice of any change in

the attorney’s contact information.

(3) Signing Filings. All filings must be

signed in the attorney of record’s name.

Any attorney who is admitted to practice

before the Court of Federal Claims may

sign a filing in the attorney of record’s

name by adding the following after the

name of the attorney of record: “by [the

signing attorney’s full name].”

(c) Substituting Counsel. A party may

substitute its attorney of record pursuant to

RCFC 83.1(c)(4).

Appendix B cont.
127 

(As revised and reissued May 1, 2002; as 

amended July 13, 2009, July 1, 2019.)

Rule 15. Third Parties

No person may intervene in a vaccine injury 

compensation proceeding, but the special master 

may afford all interested individuals an 

opportunity to submit relevant written 

information within 60 days after publication of 

notice of the petition in the Federal Register, or 

later with leave of the special master.

(As revised and reissued May 1, 2002; as 

amended July 13, 2009.)

Rule 16. Caption of Filings

(a) In General. All filings, including the

petition, must be captioned with the court’s

name, the case title and docket number, and

the name of the assigned special master. (The

petition should leave blank the spaces for the

special master’s name and the docket

number.) See Appendix of Forms, Form 7.

(b) Petitions Filed on Behalf of a Minor. If the

petition is filed on behalf of a minor, the

caption may include only the minor’s initials.

(As revised and reissued May 1, 2002; as 

amended July 13, 2009, July 15, 2011.) 

Rule 17. Serving and Filing Papers After the 

Petition

(a) Serving a Document.

(1) In General. A copy of every document

filed with the clerk must be served on

opposing counsel or the opposing

unrepresented party.

(2) Certificate of Service. A certificate of

service in accordance with RCFC 5.3

must be appended to the original

document or filed within a reasonable

time after service.

(b) Filing a Document.

(1) In General. All pleadings and other

papers required under the Vaccine Rules

or by order of the special master or the

court must be brought to the attention of

the special master or the court through

formal filings with the clerk rather than

through correspondence.

(2) Nonelectronic Filing. A paper not filed

electronically is filed by delivering it to

the clerk at the address provided in

Vaccine Rule 2.

(3) Electronic Filing and Signing.

(A) By a Represented Person—

Generally Required; Exceptions. A

person represented by an attorney

must file electronically in the court’s

electronic-filing system, unless nonelectronic filing is allowed by the

court for good cause or is otherwise

allowed under the Supplement to the

Vaccine Rules.

(B) By an Unpresented Person. A

person not represented by an attorney

may file electronically by e-mail

consistent with the Supplement to the

Vaccine Rules.

(C) Signing. A filing made through a

person’s electronic-filing account

and authorized by that person,

together with that person’s name on

a signature block, constitutes the

person’s signature.

(D) Same as a Written Paper. A paper

filed electronically is a written paper

for purposes of these rules.

(4) Filing Defined.

(A) Paper Form. A document in paper

form is filed when it is received and

marked filed by the clerk, not when

mailed.

(B) Electronic Form. A document in

electronic form is filed on the date

stated in the “Notice of Electronic

Filing.”

(c) Date. Each filing must bear on the signature

page the date on which it is signed.

(d) Number of Copies. Except for electronic

filings under the Supplement to the Vaccine

Rules, for every filing, a party must file one

copy that includes an original signature.

(As revised and reissued May 1, 2002; as 

amended July 13, 2009, July 15, 2011, July 1, 

2019, July 31, 2023.)

Rule 18. Availability of Filings 

(a) In General. All filings with the clerk

pursuant to the Vaccine Rules are to be made

Appendix B cont.
128 

available only to the special master, the 

judge, and the parties, with the exception of 

certain court-produced documents as set forth 

in subdivision (b) of this rule. A transcript 

prepared pursuant to Vaccine Rule 8(c) 

constitutes a filing for purposes of this rule.

(b) Decision of the Special Master or Judge. A

decision of the special master or judge will be

held for 14 days to afford each party an

opportunity to object to the public disclosure

of any information furnished by that party:

(1) that is a trade secret or commercial or

financial in substance and is privileged or

confidential; or

(2) that includes medical files or similar

files, the disclosure of which would

constitute a clearly unwarranted invasion

of privacy.

An objecting party must provide the court

with a proposed redacted version of the

decision. In the absence of an objection, the

entire decision will be made public.

(As revised and reissued May 1, 2002; as 

amended July 13, 2009.)

Rule 19. Computing and Extending Time

(a) Computing Time. The following criteria

apply in computing any time period specified

in these rules, in an order of the special

master or the court, or in any applicable

statute that does not specify a method of

computing time.

(1) Period Stated in Days or a Longer Unit.

When the period is stated in days or a

longer unit of time:

(A) exclude the day of the event that

triggers the period;

(B) count every day, including

intermediate Saturdays, Sundays,

and legal holidays (for legal

holidays, see RCFC 6(a)(6)); and

(C) include the last day of the period, but

if the last day is a Saturday, Sunday,

or legal holiday, the period continues

to run until the end of the next day

that is not a Saturday, Sunday, or

legal holiday.

(2) Period Stated in Hours. When the period

is stated in hours:

(A) begin counting immediately on the

occurrence of the event that triggers

the period;

(B) count every hour, including hours

during intermediate Saturdays,

Sundays, and legal holidays; and

(C) if the period would end on a

Saturday, Sunday, or legal holiday,

the period continues to run until the

same time on the next day that is not

a Saturday, Sunday, or legal holiday.

(3) Inaccessibility of the Clerk’s Office.

Unless the court orders otherwise, if the

clerk’s office is inaccessible:

(A) on the last day for filing under

Vaccine Rule 19(a)(1), then the time

for filing is extended to the first

accessible day that is not a Saturday,

Sunday, or legal holiday; or

(B) during the last hour for filing under

Vaccine Rule 19(a)(2), then the time

for filing is extended to the same

time on the first accessible day that is

not a Saturday, Sunday, or legal

holiday.

(4) “Last Day” Defined. Unless a different

time is set by a statute or court order, the

last day ends:

(A) for electronic filing, at midnight in

the Eastern Time Zone; and

(B) for filing by other means, when the

clerk’s office is scheduled to close,

subject to the provision for afterhours filing permitted under RCFC

77.1(a).

(5) “Next Day” Defined. The “next day” is

determined by continuing to count

forward when the period is measured

after an event and backward when

measured before an event.

(b) Extending Time.

(1) In General. The special master or the

court may grant a motion for an

enlargement of time for good cause

shown except when such an extension is

prohibited by these rules.

(2) Contents of a Motion for Enlargement.

A motion for an enlargement of time

must set forth:

(A) the specific number of additional

days requested;

Appendix B cont.
129 

(B) the date to which the enlargement is

to run;

(C) the total number of days granted in

any previously filed motions for

enlargement; and

(D) the reason for the enlargement.

(c) Additional Time After Service By Mail.

When a party may or must act within a

specified time after service and service is

made by mail, 3 days are added to the

prescribed period, unless the special master

or the court orders otherwise.

(As revised and reissued May 1, 2002; as 

amended Jan. 11, 2010, July 31, 2023.)

Rule 20. Motions and Other Papers; Time for 

Filing; Oral Argument

(a) In General. All motions must:

(1) state with particularity the grounds for

the motion;

(2) set forth the relief or order sought; and

(3) be in writing and filed with the clerk,

unless made orally during a hearing Any

motion may be accompanied by a

proposed order and any motion,

objection, or response may be

accompanied by a memorandum and, if

necessary, by supporting affidavits or

exhibits.

(b) Time for Filing.

(1) Responses and Objections. Unless

otherwise provided in these rules or by

order of the special master or the court, a

response or an objection to a written

motion must be filed within 14 days after

service of the motion.

(2) Replies. A reply to a response or an

objection may be filed within 7 days after

service of the response or objection.

(c) Oral Argument. A party desiring oral

argument on a motion must so request in the

motion or response.

(d) Duty to Confer on Nondispositive Motions.

(1) In General. Before filing any

nondispositive motion, counsel for the

moving party must make a reasonable

and good faith effort to discuss the

anticipated motion with opposing

counsel to determine whether there is any

opposition to the relief sought and, if

there is, to narrow the areas of 

disagreement. The duty to confer also 

applies to nonincarcerated parties 

appearing pro se. 

(2) Contents. The motion must:

(A) include a certification that the

movant has in good faith conferred

or attempted to confer with opposing

counsel; and

(B) state whether the motion is opposed

or, if opposing counsel cannot be

consulted, include an explanation of

the efforts that were made to do so.

(As revised and reissued May 1, 2002; as 

amended July 13, 2009, July 31, 2023.)

Rule 21. Dismissal of Petitions

(a) Voluntary Dismissal.

(1) In General. Petitioner may dismiss the

petition without order of the special

master or the court by filing:

(A) a notice of dismissal at any time

before service of respondent’s

report; or

(B) a stipulation of dismissal signed by

all parties who have appeared in the

action.

(2) Effect. Unless the notice or stipulation

states otherwise, the dismissal is without

prejudice, except that a notice of

dismissal may, in the discretion of the

special master or the court, be deemed to

operate as an adjudication on the merits

if filed by a petitioner who has previously

dismissed the same claim.

(3) Concluding Proceedings. A petition

dismissed under this subdivision (a) will

not result in a judgment pursuant to

Vaccine Rule 11 for purposes of 42

U.S.C. § 300aa-21(a). For the court’s

administrative purposes, the special

master will instead issue an order

concluding proceedings.

(b) Involuntary Dismissal.

(1) In General. The special master or the

court may dismiss a petition or any claim

therein for failure of the petitioner to

prosecute or comply with these rules or

any order of the special master or the

court.

Appendix B cont.
130 

(2) Effect. A petition dismissed under this

subdivision (b) will result in a judgment

pursuant to Vaccine Rule 11 for purposes

of 42 U.S.C. § 300aa-21(a).

(As revised and reissued May 1, 2002; as 

amended Aug. 2, 2005, June 20, 2006, July 13, 

2009.) 

TITLE V. REVIEW OF A DECISION OF 

THE SPECIAL MASTER

Rule 22. General [Abrogated (eff. Jan. 2, 

2001); abrogation published as part of 

revisions dated May 1, 2002.] 

Rule 23. Motion for Review 

(a) In General. To obtain review of the special

master’s decision, a party must file a motion

for review with the clerk within 30 days after

the date the decision is filed. The filing of a

motion for reconsideration will not toll this

30-day period. See Vaccine Rule 10(e)(3)(B).

(b) Time Extensions. No extensions of time will

be permitted under this rule and the failure of

a party to file a motion for review in a timely

manner will constitute a waiver of the right to

obtain review.

(As revised and reissued May 1, 2002; as 

amended July 13, 2009, Aug. 1, 2017.)

Rule 24. Memorandum of Objections

(a) In General. A motion for review must be

accompanied by a memorandum of

numbered objections to the decision.

(b) Contents of the Memorandum. The

memorandum must:

(1) fully and specifically state and support

each objection to the decision, including

specific citations to the record created by

the special master (e.g., to specific page

numbers of the transcript, exhibits, or

other papers);

(2) set forth any legal argument the party

desires to present to the reviewing judge;

and

(3) absent leave of the court, be limited to 20

pages and conform to the provisions of

RCFC 5.4.

(As revised and reissued May 1, 2002; as 

amended July 13, 2009.)

Rule 25. Response

(a) In General. A party may file a response to a

motion for review within 30 days after the

filing of the motion. If both parties file

motions for review, each party may file a

response to the other party’s motion. The

response must:

(1) be in memorandum form and fully

respond to each numbered objection,

including specific citations to the record

created by the special master (e.g., to

specific page numbers of the transcript,

exhibits, or other papers);

(2) set forth any legal argument the party

desires to present to the reviewing judge;

and

(3) absent leave of the court, be limited to 20

pages and conform to the provisions of

RCFC 5.4.

(b) Time Extensions. No extensions of time will

be permitted under this rule and the failure of

a party to file a response in a timely manner

will constitute a waiver of the right to

respond.

(As revised and reissued May 1, 2002; as 

amended July 13, 2009.)

Rule 26. Assigning a Case for Review

After a motion for review has been filed with the 

clerk, the case will be assigned to a judge of the 

Court of Federal Claims pursuant to RCFC 40.1. 

(As revised and reissued May 1, 2002; as 

amended July 13, 2009.)

Rule 27. Reviewing a Decision of the Special 

Master

After reviewing a decision of the special master, 

the assigned judge may:

(a) uphold the findings of fact and conclusions of

law and sustain the special master’s decision;

(b) set aside any findings of fact or conclusions

of law found to be arbitrary, capricious, an

abuse of discretion, or otherwise not in

accordance with law and issue a separate

decision; or

Appendix B cont.
131 

(c) remand the case to the special master for

further action as directed.

(As revised and reissued May 1, 2002; as 

amended July 13, 2009.)

Rule 28. Time for Review

(a) In General. The assigned judge must

complete the review within 120 days after the

filing of a response under Vaccine Rule 25,

excluding any days the case is before a

special master on remand. If no response is

filed, the review must be completed within

120 days after the last date the response could

have been filed.

(b) Period of Remand. If the judge remands the

case to the special master, the total period of

remand must not exceed 90 days.

(As revised and reissued May 1, 2002; as 

amended July 13, 2009, Aug. 2, 2021.)

Rule 28.1 Decision on Remand

(a) In General. If the assigned judge remands

the case to the special master, the special

master, after completing the remand

assignment, must file a decision on remand

resolving the case, unless the remand order

directs otherwise. The clerk must promptly

notify the assigned judge of the filing of the

decision on remand.

(b) Effect. Unless otherwise specified in the

remand order, the decision on remand

constitutes a separate decision for purposes

of Vaccine Rules 11, 18, and 23, i.e.,

judgment automatically will be entered in

conformance with the special master’s

decision on remand unless a new motion for

review is filed pursuant to Vaccine Rule 23.

(c) Motion for Review. If a party seeks review

of the decision on remand, the clerk will

assign the case to the same judge who

remanded the case.

(As revised and reissued May 1, 2002; as 

amended July 13, 2009.)

Rule 29. Withdrawing a Petition

(a) Notice to Petitioner. The assigned judge

must file a notice to petitioner pursuant to

42 U.S.C. § 300aa-12(g)(2) if:

(1) no notice was issued pursuant to 42

U.S.C. § 300aa-12(g)(1); and

(2) the assigned judge fails to enter judgment

within 420 days after the date the petition

was filed, exclusive of any periods of:

(A) remand; or

(B) suspension pursuant to Vaccine Rule

9.

(b) Notice to Continue or to Withdraw the

Petition. Within 30 days after the date of

filing of the assigned judge’s notice, the

petitioner may file a notice to continue or to

withdraw the petition pursuant to 42 U.S.C. §

300aa-21(b).

(c) Concluding Proceedings. If the petitioner

elects to withdraw the petition, the assigned

judge must issue an order concluding

proceedings. The judge’s order, upon entry,

will be deemed a judgment for purposes of 42

U.S.C. § 300aa-15(e)(1).

(As revised and reissued May 1, 2002; as 

amended Aug. 2, 2005, July 13, 2009, Aug. 3, 

2020.) 

Rule 30. Judgment

(a) In General. Upon issuance of the assigned

judge’s decision on review, the clerk will

enter judgment in accordance with the

decision.

(b) Stipulation for Judgment. Any stipulation

for a money judgment must be signed by

authorized representatives of the Secretary of

Health and Human Services and the Attorney

General.

(As revised and reissued May 1, 2002; as 

amended July 13, 2009.)

Rule 31. Motion for Reconsideration

Within 30 days after entry of judgment, either 

party may file a motion for reconsideration of the 

assigned judge’s decision in accordance with 

RCFC 59.

(As revised and reissued May 1, 2002; as 

amended Jan. 11, 2010.) 

Rule 32. Notice of Appeal 

To appeal a decision of the Court of Federal 

Claims, a party must file a petition pursuant to 

Appendix B cont.
132 

42 U.S.C. § 300aa-12(f) with the clerk of the 

United States Court of Appeals for the Federal 

Circuit within 60 days after the date of the entry 

of judgment. 

(As revised and reissued May 1, 2002; as 

amended July 13, 2009, July 1, 2019.)

Rule 33. Election

(a) In General. Within 90 days after the entry of

judgment under Vaccine Rule 30, petitioner

must file with the clerk an election as

described in Vaccine Rule 12.

(b) Exception. If an appeal is filed with the

United States Court of Appeals for the

Federal Circuit pursuant to Vaccine Rule 32,

the 90-day period for filing an election will

run not from the original date of judgment but

from the date of the appellate court’s mandate

or any subsequent judgment of the Court of

Federal Claims on remand, whichever occurs

later.

(As revised and reissued May 1, 2002; as 

amended July 13, 2009.)

Rule 34. Attorney’s Fees and Costs Following 

Review

(a) In General. Except as provided in

subdivision (b) of this rule, any request for

attorney’s fees and costs following review by

an assigned judge must be filed in accordance

with Vaccine Rule 13.

(b) Additional Fees and Costs. Following

review by an assigned judge of a special

master’s decision on attorney’s fees and costs

under Vaccine Rule 13, a request for any

additional fees and costs relating to such

review will be decided either by:

(1) the special master if the case is on

remand; or

(2) the assigned judge if the case is not on

remand, although the assigned judge may

remand the case to the special master for

consideration of such motion.

(As revised and reissued May 1, 2002; as 

amended July 13, 2009, Aug. 3, 2020.)

Rule 35. Availability of Filings [Abrogated 

(eff. Jan. 2, 2001); abrogation 

published as part of revisions dated 

May 1, 2002.]

TITLE VI. RELIEF FROM A JUDGMENT

Rule 36. Relief from a Judgment

(a) In General. If, after the entry of judgment or

the issuance of an order concluding

proceedings pursuant to Vaccine Rule 10, 21,

or 29, a party files a motion for

reconsideration pursuant to RCFC 59 or

otherwise seeks relief from a judgment or

order pursuant to RCFC 60, the clerk will

refer the motion as follows:

(1) If the petition had previously been

assigned to a judge for review pursuant

to Vaccine Rule 26, the clerk will refer

the motion to the assigned judge.

(2) If the petition had not previously been

assigned to a judge for review pursuant

to Vaccine Rule 26, the clerk will refer

the motion to the assigned special master.

(b) Ruling by the Special Master.

(1) In General. If a motion pursuant to

RCFC 59 or 60 is referred to the special

master pursuant to subdivision (a) of this

rule, the special master must file a written 

ruling on the motion.

(2) Effect. The ruling of the special master

will be the final ruling of the court on the

motion, unless a party files with the clerk

a motion for review of that ruling.

(3) Motion for Review. A party may file a

motion for review of the special master’s

ruling, accompanied by a memorandum

of objections to the ruling, within 30 days

after the date of the ruling. See Vaccine

Rules 23 and 24.

(4) Response. The nonmoving party may file

a response to a motion for review within

30 days after the filing of the motion. See

Vaccine Rule 25.

(5) Length. The motion and response of each

party must, absent leave of the court, be

limited to 20 pages and must conform to

the provisions of RCFC 5.4. See Vaccine

Rules 24 and 25.

(6) Assigning the Case for Review. If a

motion for review is filed with the clerk,

the case will be assigned to a judge of the

Appendix B cont.
133 

Court of Federal Claims pursuant to 

RCFC 40.1. See Vaccine Rule 26. 

(7) Reviewing the Ruling of the Special

Master. After reviewing the ruling of the

special master, the assigned judge may

set aside the ruling only if it is found to

be arbitrary, capricious, an abuse of

discretion, or otherwise not in

accordance with law. See Vaccine Rule

27.

(c) If Judgment is Altered. If the original

judgment is modified pursuant to RCFC 59

or 60 or otherwise, and the petitioner is to

receive any award for damages calculated

with respect to the date of judgment, such

damages must be calculated based on the date

of the original judgment, unless the ruling of

the special master or the court directs

otherwise.

(As revised and reissued May 1, 2002; as 

amended July 13, 2009.)

Rules Committee Notes

2002 Revision 

Appendix B sets forth rules applicable to 

proceedings involving claims for compensation 

under the National Childhood Vaccine Injury 

Act, 42 U.S.C. §§ 300aa-1 to -34. These rules 

originally became effective on January 25, 1989, 

and were revised on March 15, 1991, and May 1, 

2002. The text of these rules as originally 

promulgated may be found at 16 Cl. Ct. XXI–LXI 

(1989) and, as initially revised, at 22 Cl. Ct. 

CXLVIII–CLX (1991). 

2003 Amendment 

Vaccine Rule 2(c)(1) has been amended to 

require that service upon the respondent be 

directed to the Director, Division of Vaccine 

Injury Compensation, Office of Special 

Programs, Health Resources and Services 

Administration, in lieu of the Director, Bureau of 

Health Professionals.

2005 Amendment 

Both stylistic and substantive changes have 

been made to the Vaccine Rules. The substantive 

changes are identified below.

Rule 2. Subdivision (b) previously listed the 

amount of the filing fee that was required to 

accompany a petition. The listing of the fee 

amount has been eliminated in favor of referring 

petitioners to the fee schedule posted on the 

court’s website. This change is administrative 

only and is intended to permit future changes in 

fee amount to be implemented without the 

necessity for publication of a corresponding 

change in rule. Subdivision (c)(1) has been 

amended to show the current address for service 

upon respondent. 

Rule 4. Subdivision (b), titled “Early Status 

Conference,” has been added to acknowledge the 

authority of a special master, exercisable at the 

special master’s discretion, to convene an early 

status conference as an aid in the identification 

and scheduling of further proceedings. 

Rule 10. The text of subdivision (a) has been 

amended to identify the alternative procedures a 

petitioner may elect to adopt—withdrawal of the 

petition or continuance of proceedings—

following the special master’s issuance of a 

notice under 42 U.S.C. § 300aa-12(g)(1) advising 

that a decision on the petition will not be entered 

within the prescribed statutory period (240 days, 

exclusive of periods of suspension and remand). 

Subdivision (a) further provides that in instances 

where the petitioner elects to withdraw the 

petition in lieu of continuing proceedings, the 

conclusion of proceedings will be identified by 

the special master’s issuance of an order so 

indicating. Finally, the subdivision specifies that 

upon entry of the special master’s order, such 

order shall be deemed a judgment for purposes of 

42 U.S.C. § 300aa-15(e)(1). Subdivision (b), 

which dealt with vaccines administered prior to 

October 1, 1988, has been abrogated as being no 

longer necessary. Subdivision (c), titled 

“Reconsideration,” has been amended to indicate 

that where the special master elects to grant a 

motion for reconsideration, the special master 

shall not issue a superseding decision reaching a 

different result from the original decision without 

affording the non-moving party an opportunity to 

respond to the arguments raised in the motion for 

reconsideration.

Rule 13. This rule has been amended to 

recognize that the right to seek recovery of 

attorneys’ fees and costs under 42 U.S.C. § 

300aa-15(e) extends not only to cases in which a 

judgment has been entered but also to cases in 

which a petitioner exercises the statutory right to 

Appendix B cont.
134 

withdraw a petition following the issuance of an 

order concluding proceedings under Vaccine 

Rule 10(a) or 29. 

Rule 21. Under the Vaccine Act, the court 

enters judgment pursuant to a “decision of the 

special master,” i.e., a determination “with 

respect to whether compensation is to be 

provided under the Program and the amount of 

such compensation.” 42 U.S.C. § 300aa12(d)(3)(A). A special master’s decision, in other 

words, contemplates an adjudication. With this in 

mind, subdivision (a) of this rule has been 

amended to clarify that where a petition is 

voluntarily dismissed without order of the special 

master or the court (either by the filing of a notice 

of dismissal before service of respondent’s report 

or pursuant to a stipulation of the parties) then, 

for administrative purposes, the conclusion of 

proceedings will be identified by an order of the 

special master rather than by a decision. 

Correspondingly, language has also been added 

to subdivisions (b) and (c) to clarify that an 

involuntary dismissal operates as an adjudication 

on the merits with respect to which a judgment 

will be entered.

Rule 29. The opening sentence of this rule 

has been amended to identify the procedural 

requirement that applies in cases where a judge 

fails to direct entry of judgment within 420 days 

after the date of filing of the petition (“the judge 

shall file the notice required by 42 U.S.C. § 

300aa-12(g)(2)”). Additionally, a final sentence 

has been added to clarify that where a petitioner 

elects to withdraw a petition following the receipt 

of the notice required by 42 U.S.C. § 300aa12(g)(2), the conclusion of proceedings will be 

identified by the judge’s issuance of an order 

rather than by a judgment. The same sentence 

further notes that upon entry, such order shall be 

deemed a judgment for purposes of 42 U.S.C. § 

300aa-15(e)(1). 

2006 Amendment 

Rule 21. Former subdivision (b) (“Failure to 

Prosecute or Participate”) has been stricken as its 

provisions were either redundant or unnecessary. 

The substance of the first and second sentences of 

that former subdivision is set forth in the text of 

former subdivision (c) (“Involuntary Dismissal; 

Effect Thereof”), now renumbered as subdivision 

(b). The third sentence of former subdivision (b) 

was unnecessary; to obtain compensation, the 

statute provides that a petitioner must supply 

evidence establishing his or her entitlement to 

same, regardless of whether the respondent 

participates. The renumbering of subdivision (c) 

is also reflected in corresponding changes to the 

text of Vaccine Rules 11(a) and 12(a).

2009 Amendment 

The language of the Vaccine Rules has been 

amended to conform to the general restyling of 

the RCFC.

Rule 13. Subdivision (b) has been modified 

in two respects. First, the introductory phrase 

“Except for a request for fees and costs arising 

under Vaccine Rule 34(b)” was added to reflect 

the corresponding procedural change in Vaccine 

Rule 34(b) regarding a request for additional fees 

and costs. Second, the phrase “including a request 

for interim fees” was added to the second 

sentence to reflect the result in Avera v. Secretary 

of Health and Human Services, 515 F.3d 1343 

(Fed. Cir. 2008). 

Rule 17. Paragraph (b)(2) (“Filing Defined”) 

has been expanded to include electronic filings.

Rule 34. Subdivision (b) has been added to 

this rule to clarify that a request for additional 

attorney’s fees and costs incurred on a petition for 

review of a special master’s decision addressing 

attorney’s fees and costs may be decided either 

by the assigned judge or by the special master on 

remand. 

Rule 36. The phrase “or the issuance of an 

order concluding proceedings pursuant to 

Vaccine Rule 20, 21, or 29” has been added to the 

opening sentence of subdivision (a) to extend the 

remedies available under RCFC 59 (“New Trial; 

Reconsideration; Altering or Amending a 

Judgment”) and RCFC 60 (“Relief From a 

Judgment or Order”) to cases concluded by 

means other than a judgment.

2010 Amendment 

Rule 5. Subdivision (c) (“Imposing Fees and 

Costs”) has been added to reinforce the special 

master’s case management authority. The rule 

permits a special master to order, as authorized by 

RCFC 16(f)(2), the payment of “reasonable 

expenses—including attorney’s fees—incurred 

because of any noncompliance with a scheduling 

or any other pretrial order.” The exercise of this 

Appendix B cont.
135 

authority is subject to the requirement that the 

order describe the noncompliant conduct and 

explain the basis for the imposition of fees and 

costs.

Rule 19. Subdivision (a) (“Computing 

Time”) has been amended in accordance with the 

corresponding changes to RCFC 6. 

Rule 31. The time period for filing a motion 

for reconsideration has been changed from 10 to 

30 days in accordance with the corresponding 

change to RCFC 59.

2011 Amendment 

Rule 2. Subdivision (b) 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, an additional copy of the 

complaint in electronic form using a disc in CDROM format when the complaint exceeds 20 

pages.

Rule 16. Subdivision (b) has been added to 

provide privacy protection in the caption of all 

petitions filed on behalf of a minor, consistent 

with the requirement of RCFC 5.2(a). 

Rule 17. Subdivision (b) (“Filing a 

Document”) has been amended to reflect the 

court’s requirement of filing by electronic means 

in Vaccine Act cases, subject to reasonable 

exceptions.

2013 Amendment 

Rule 8. Paragraph (c)(3) (“Transcript”) has 

been amended to reflect the changes adopted in 

RCFC 80.1. 

2015 Amendment 

Rule 2. Subdivision (b) has been amended to 

allow a petitioner not appearing pro se to file a 

petition electronically. 

In addition, subdivision (d) has been 

amended to clarify that all documents 

accompanying a petition filed in paper form must 

also comply with the requirements of RCFC 

5.5(c). 

Rule 11. Subdivision (a) has been amended 

to more closely conform to the wording of 42 

U.S.C. § 300aa-12(e)(3).

2016 Amendment 

Rule 2. Subdivision (e) has been amended to 

reflect the current mailing address for the 

Secretary of Health and Human Services.

2017 Amendment 

Rule 2. Paragraph (e)(1) has been amended 

to require proof of service of the petition and 

accompanying documents on the Secretary of 

Health and Human Services. 

Rule 23. Subdivision (a) has been amended 

to clarify that a motion for reconsideration does 

not toll the 30-day period for filing a motion for 

review as provided in Vaccine Rule 10(e)(3)(B). 

2019 Amendment

Rule 2. Subdivision (b) has been amended to 

remove the requirement that when a petition 

exceeds 20 pages, a copy must also be filed in 

electronic form using a disc in CD-ROM format.

Rule 14. Paragraph (b)(2) has been amended 

to eliminate the reference to facsimile number.

Rule 17. Rule 17 has been amended to reflect 

the changes adopted in RCFC 5. 

Rule 32. Rule 32 has been amended to 

parallel the language of the statute and reflect that 

to appeal a decision of this court, a party must file 

a petition—not a notice of appeal—with the 

United States Court of Appeals for the Federal 

Circuit.

2020 Amendment 

Rule 10. Subdivision (b) has been amended 

to exclude all periods of remand, as well as all 

periods of suspension, from the 240-day 

calculation. 

Rule 29. Subdivision (a) has been amended 

to clarify that if the assigned judge fails to enter 

judgment within 420 days after the date the 

petition was filed, the assigned judge must issue 

a notice to petitioner only if a 240-day notice 

pursuant to 42 U.S.C. § 300aa-12(g)(1) was not 

issued by the special master.

Rule 34. Subdivision (b) has been amended 

to clarify that the assigned judge will decide a 

motion for additional fees under this rule unless 

the case is on remand or is specifically remanded 

to the special master for purposes of entertaining 

the additional fees and costs. 

Appendix B cont.
136 

2021 Amendment 

Rule 2. Subparagraph (c)(2)(A) has been 

amended to require petitioner to certify all 

medical records.

In addition, new subdivision (f) has been 

added to direct petitioner to file a Statement of 

Completion as soon as possible after the petition 

is filed.

Rule 7. Subdivision (c) has been amended to 

clarify that the special master’s approval is 

required before the clerk or counsel may issue a 

subpoena that is otherwise in compliance with 

RCFC 45.

Rule 28. Subdivision (a) has been amended 

to more closely conform to the wording of 42 

U.S.C. § 300aa-12(e)(2)(C). 

2023 Amendment 

Rule 2. Paragraph (b)(1) has been amended 

to eliminate the 2-copy requirement for the filing 

of a petition in paper form, and paragraph (b)(2) 

has been amended to clarify that petitions filed 

electronically must include a cover sheet.

Subdivision (e) has been amended to permit 

electronic service of petitions on the Secretary for 

Health and Human Services. 

Rule 13. Subdivision (a) has been amended 

to explicitly permit the filing of a timely motion 

for enlargement of time to file a request for 

attorney’s fees and costs.

New paragraph (a)(1) has been added to 

require that the contents of the request include 

complete documentation, and to put petitioner on 

notice that failure to provide complete 

documentation may result in the denial of an 

attorney’s fees and costs motion or a reduction in 

the amount awarded.

New paragraph (a)(2) has been added to put 

petitioner on notice that an untimely attorney’s 

fees and costs request may be denied in full or 

result in a reduction in the amount awarded.

New paragraph (a)(3) has been added to 

explicitly permit the filing of a response and reply 

to a request for attorney’s fees and costs, and to 

put respondent on notice that a failure to identify 

any objection with particularity may be 

considered by the special master in the decision.

Rule 17. Paragraph (a)(2) has been amended 

to permit the filing of a certificate of service 

within a reasonable time after service, as 

described in RCFC 5.3(b). 

Paragraph (b)(3) has been amended to clarify 

that a person represented by an attorney must file 

electronically in the court’s electronic-filing 

system, and a person not represented by an 

attorney may file electronically via e-mail 

consistent with the Supplement to the Vaccine 

Rules.

Subdivision (d) has been amended to 

eliminate the 2-copy requirement for filings that 

follow a petition. 

Rule 19. Paragraph (b)(3), requiring counsel 

for the moving party to communicate with 

opposing counsel before filing a motion for 

enlargement, has been deleted in light of the 

addition of subdivision (d) to Vaccine Rule 20. 

Rule 20. Subdivision (d) has been added to 

require that in every case initiated by a 

nonincarcerated petitioner, a party seeking to file 

a nondispositive motion must first meet and 

confer with the opposing party. 

Appendix B cont.
137 

SUPPLEMENT TO APPENDIX B

ELECTRONIC FILING PROCEDURES 

IN VACCINE ACT CASES

I. INTRODUCTION

1. In General. This Supplement sets forth the

procedures governing electronic filings in

Vaccine Act cases.

2. Definitions. For purposes of this

Supplement, the following definitions apply:

(a) “ECF System” means the court’s online

system for electronic case filing;

(b) “ECF case” means a Vaccine Act case

designated by the clerk as an electronic

case in which all filings in the case are

made via the ECF System;

(c) “Non-ECF case” means a Vaccine Act

case designated by the clerk as a pro se

case in which the pro se litigant cannot

be granted access to file documents

electronically via the ECF System;

(d) “Filing User” means an individual to

whom the court has granted access to file

documents electronically via the ECF

System;

(e) “filing” means any document that is filed

electronically via the ECF System or via

e-mail by a pro se litigant; and

(f) “court” means the assigned judge or the

assigned special master.

II. CASE DESIGNATION AND NOTICE

3. Scope.

(a) In General. All newly filed Vaccine Act

cases will be designated ECF cases

except for cases involving pro se

litigants.

(b) Pro Se Cases. All newly filed pro se

Vaccine Act cases will be designated

non-ECF cases.

4. Notice. The clerk will notify counsel and pro

se litigants that a Vaccine Act case has been

designated an ECF case or a non-ECF case by

filing a “Notice of Designation.”

III. ACCESS TO FILE DOCUMENTS VIA

THE ECF SYSTEM; RESPONSIBILITY OF

FILING USERS; EXEMPTION FROM USE

5. Access.

(a) Applications. Applications for access to

file documents electronically via the ECF

System are submitted through PACER

(Public Access to Court Electronic

Records) at www.pacer.gov, and will be

granted to an attorney who is admitted to

the bar of this court. Because of the

restricted nature of Vaccine Act cases,

pro se litigants cannot be granted access

to file documents electronically via the

ECF System.

(b) Notification. The clerk will notify a

Filing User when access to file via the

ECF System has been granted.

6. Use of ECF Account. No Filing User or

other person may knowingly permit or cause a

Filing User’s login and password to be used by

anyone other than an authorized agent of the

Filing User. Any Filing User or other person may

be subject to sanctions for failure to comply with

this provision.

7. Exemption From Filing Electronically in

an ECF Case. By filing an appropriate motion, a

Filing User or an attorney not yet registered as a

Filing User may, for good cause, seek to be

exempted from filing documents electronically

into an ECF case and to convert the case into a

non-ECF case.

IV. FILING REQUIREMENTS IN NONECF CASES

8. Case Initiating Documents.

(a) In General. Vaccine Act petitions, along

with the required filing fee or an

application to proceed in forma pauperis,

and any attachments required under

Vaccine Rule 2(c)(2), must be submitted

in paper form in compliance with RCFC

5.5 by mail or other delivery to:

Clerk

United Stated Court of Federal

 Claims

717 Madison Place, NW 

Washington, DC 20439 

A copy of the applicable schedule of fees may 

be found on the court’s website at 

Supplement to Appendix B
138 

www.uscfc.uscourts.gov or may be obtained 

from the clerk’s office.

(b) Service. Vaccine Act petitions must

include a certificate of service indicating

that one copy of the petition and

accompanying documents has been

served on the Secretary of Health and

Human Services pursuant to Vaccine

Rule 2(e)(1). For electronic service, visit

the court’s website at

www.uscfc.uscourts.gov.

9. Filings in Pending Non-ECF Cases.

(a) ECF Filings. The court, the clerk, and

counsel of record for the United States

must file via the ECF System in NonECF cases.

(b) Filings by Pro Se Litigants.

(i) In General. Pro se litigants may

submit case filings in paper form or

via e-mail to

ProSe_case_filings@cfc.uscourts.gov.

All filings must conform to the

format requirements of RCFC 5.5.

(ii) Format of Filings via E-Mail.

(A) All documents submitted via email must be attached to the email in Portable Document

Format (“PDF”). The e-mail

subject line must include the

case name and docket number

for which the submission is

intended.

(B) Each e-mail submission must be

limited to a document that is

clearly identified as a filing

pursuant to a court rule or in

response to a court order.

(C) Only the contents of the attached

PDF file will be considered part

of the submission and processed

by the clerk. Any content in the

body of the e-mail will not be

reviewed by the clerk or

considered for inclusion in the

case record.

(D) If a document, including exhibits

and attachments, exceeds 50

pages when printed, the pro se

litigant must supply a courtesy

copy of the document in paper

form in accordance with RCFC

5.5(c), unless otherwise ordered 

by the court.

(iii)Signatures on Filings via E-Mail.

(A) To satisfy the signature

requirements of RCFC 11, emailed submissions must include

either a written or an electronic

signature (s/[name of pro se

litigant]).

(B) Pro se litigants may not file

documents via e-mail on behalf

of any other person.

(iv) Revocation of E-Mail Filing

Privileges. E-mail filing privileges

may be revoked by the court at any

time.

V. FILING REQUIREMENTS IN ECF

CASES

10. Filings.

(a) Initial Filings.

(i) The Petition. The filing of a Vaccine

Act petition and the payment of the

initial filing fee may be

accomplished in accordance with

Vaccine Rule 2.

(ii) Required Attachments. The

petition must be accompanied by the

medical records and other documents

(including affidavits) pertaining to

the petition as set forth in Vaccine

Rule 2(c)(2). (See paragraph 13 of

this Supplement, discussing the

alternative method of filing

voluminous medical records via a

portable storage disc or drive.)

(b) Subsequent Filings. Once a case has

been designated an ECF case, all

subsequent filings must be made via the

ECF System, except as provided in this

Supplement or by leave of the court in

exceptional circumstances that prevent a

Filing User from filing via the ECF

System.

(c) Exhibits and Attachments. Unless

otherwise ordered by the court, when

filing an exhibit or attachment, a Filing

User:

(i) must file the exhibit or attachment

via the ECF System along with the

Supplement to Appendix B cont.
139 

main document under one entry 

number; 

(ii) must include the exhibit or

attachment in its entirety; and

(iii)may seek leave to file a

memorandum or brief, generally in

advance of the evidentiary hearing,

to direct the court’s attention to the

most relevant portion of the exhibit

or attachment.

11. Technical Requirements.

(a) Format.

(i) In General. Documents filed via the

ECF System must be:

(A) converted into PDF; and

(B) text searchable.

The ECF System will not accept PDF

files containing tracking tags,

embedded system commands,

password protections, access

restrictions, or other security

features, special tags, or dynamic

features.

(ii) Scanned Documents.

(A) Documents filed via the ECF

System must not be scanned

prior to filing unless the original

documents are unavailable in

electronic form.

(B) A Filing User is responsible for

ensuring the accuracy and

readability of a scanned

document.

(b) Size Limitations.

(i) In General. A single filing may be

divided into multiple PDF files.

(ii) Number of Files. Counsel must

endeavor to limit the total number of

PDF files that constitute a single

filing. All files, however, must

comply with the requirements of

paragraph 12(a) below.

(iii) Size of Files.

(A) Unless otherwise ordered by the

court, each PDF file must not

exceed the size limitation

established by the court.

(B) The current size limitation is

posted on the court’s website or

may be obtained by calling the

clerk’s office.

(iv) Exceeding the Size Limitation. For

files that exceed the size limitation

and cannot be divided into multiple

PDF files, the Filing User may:

(A) use a portable storage disc or

drive; or

(B) seek leave of the court to file in

some other electronic format.

(c) Events. Events are used in the ECF

System for filing documents and creating

docket entries on the docket sheet. A

Filing User:

(i) must select an event or events for

each filed document based on the

purpose of the document or relief

requested; and

(ii) should use the most specific event

available rather than a more generic

event.

(d) Linking Filings. A document filed via

the ECF System—such as a response or

reply—that pertains to a motion or other

filing must be linked properly in the ECF

System to the filing to which it pertains.

12. Dividing Medical Records into Multiple

PDF Files.

(a) Contents and Pagination of Files. Each

file should contain one exhibit and each

exhibit should be independently

paginated (hand-written pagination prior

to scanning is sufficient).

(b) Labeling and Identifying Files. Each

file should:

(i) be consecutively numbered or

lettered as an exhibit;

(ii) be labeled according to its source or

subject matter; and

(iii)include a brief written description of

the records it contains.

For example, the first PDF file might 

contain prenatal records and be labeled 

“Petitioner’s Exhibit 1–Prenatal 

Records, Dr. Smith”; the second PDF file 

might contain birth records and be 

labeled “Petitioner’s Exhibit 2–Birth 

Records, Smalltown Hospital”; the third 

and fourth PDF files might contain 

pediatric records of different physicians 

and be labeled “Petitioner’s Exhibit 3–

Pediatric Records, Dr. John” and 

Supplement to Appendix B cont.
140 

“Petitioner’s Exhibit 4–Pediatric 

Records, Dr. Jack.”

13. Filings Via Portable Storage Discs and

Drives.

(a) In General. Filing documents on a

portable storage disc or drive is

accomplished by:

(i) filing via the ECF System a “Notice

of Intent to File” containing:

(A) an index of the exhibits included

on the disc or drive;

(B) a statement certifying that the

contents of the disc or drive have

been scanned using anti-virus

software with up-to-date antivirus definitions; and

(C) a certificate stating when copies

of the disc or drive were mailed

or delivered to the clerk’s office;

(ii) providing the clerk’s office with one

copy of the disc or drive along with a

printed copy of the “Notice of Intent

to File”; and

(iii)serving one copy of the disc or drive

on opposing counsel.

(b) Date of Filing. The disc or drive is

deemed filed on the date it is received in

the clerk’s office.

(c) Striking a Notice of Intent to File. If the

disc or drive is not received in the clerk’s

office within 5 days after the “Notice of

Intent to File” is docketed via the ECF

System, the court may enter an order

striking the “Notice of Intent to File”

from the docket.

(d) Designation of Files. The name of each

file on the disc or drive should:

(i) begin with the letters “Ex” followed

by the exhibit letter or number (e.g.,

01, 02, . . . 09, 10);

(ii) include a brief description of the

content of the exhibit and the sixdigit docket number (e.g., 98-0000);

(iii)represent spaces with an underscore;

and

(iv) contain “.pdf” as the file extension.

For example, the first PDF file on the disc

or drive might be labeled

“EX01_University_Hospital_98-

0000.pdf.”

(e) Format. Before filing a disc or drive, the

Filing User should:

(i) “close” or finalize the disc or drive so

that additional material cannot be

written onto the disc or drive; and

(ii) scan the disc or drive using

appropriate anti-virus software after

its creation and closure.

(f) Packaging and Labeling. The Filing

User should package the disc or drive in

a paper, plastic, or waxed paper envelope

and label the package with:

(i) the case caption, including the case

number;

(ii) the date of filing; and

(iii)the range of exhibits the disc or drive

contains (e.g., Exhibits 01-20).

VI. FILING PROCEDURES

14. Notice of Filing; Service.

(a) ECF Cases.

(i) Notifying the Parties. At the time a

document is filed, the ECF System

automatically generates a “Notice of

Electronic Filing” and automatically

e-mails the notice to all parties.

(ii) Service. The transmission of the

“Notice of Electronic Filing”

satisfies the service requirement of

RCFC 5 and the proof of service

requirement of RCFC 5.3.

(b) Non-ECF Cases.

(i) Notification of Filings. A pro se

litigant may consent to receive notice

of all filings via e-mail by filing an

E-Notification Consent Form in each

active Vaccine Act case before the

court (see Appendix of Forms, Form

15B).

(ii) Service.

(A) Service by Pro Se Litigants. A

pro se litigant filing in paper

form or via e-mail need not

separately serve his or her filings

on opposing counsel. Opposing

counsel will be served when a

filing is entered by the clerk in

the ECF System.

(B) Service by E-Mail on Pro Se

Litigants. If a pro se litigant has

Supplement to Appendix B cont.
141 

filed an E-Notification Consent 

Form:

(I) the pro se litigant consents to

having his or her e-mail

address entered into the ECF

System to receive notice of

electronic filings;

(II) because of the restricted

nature of Vaccine Act cases,

to satisfy the service

requirement of RCFC 5, the

clerk and opposing counsel

must serve the pro se litigant

via separate e-mail with a

PDF copy of each filing;

(III) to satisfy the proof of

service requirement of

RCFC 5.3, opposing

counsel must attach to each

filing, or file within a

reasonable time after

service, a certificate of

service pursuant to RCFC

5(d)(1)(B) and Vaccine

Rule 17(a)(2); and

(IV) the pro se litigant waives

service by first class mail.

(C) Service by First Class Mail on

Pro Se Litigants. If a pro se

litigant has not consented to

electronic service by filing an ENotification Consent Form:

(I) the clerk will serve the

litigant with all court-issued

filings by first class mail;

and

(II) opposing counsel must serve

the litigant with all of

opposing counsel’s filings in

a manner listed in RCFC

5(b) and attach to each

filing, or file within a

reasonable time after

service, a certificate of

service pursuant to RCFC

5(d)(1)(B) and Vaccine Rule

17(a)(2).

15. Effect of Filing.

(a) ECF Cases. A filing by a party via the

ECF System, together with the

transmission of the “Notice of Electronic

Filing,” constitutes a filing under RCFC 

5 and an entry on the docket kept by the 

clerk under RCFC 58 and 79. 

(b) Non-ECF Cases. A document submitted

by a pro se litigant via e-mail or in paper

form constitutes a filing under RCFC 5

once entered by the clerk in the ECF

System.

16. Official Court Record. The official court

record is the electronic recording of the document

in the ECF System as stored by the court and the

filing party is bound by the document as filed.

17. Date of Filing.

(a) ECF Cases. A document filed in an ECF

case is deemed filed on the date and time

stated in the “Notice of Electronic

Filing.”

(b) Non-ECF Cases. A document submitted

by a pro se litigant via e-mail or in paper

form is deemed filed on the date and time

received by the clerk or, if not in

compliance with the court’s rules, on the

date and time filed by leave of the judge

or special master.

18. Timeliness of Filing. Unless otherwise

ordered by the court, an electronic filing under

this Supplement must be submitted before

midnight local time in Washington, DC, to be

considered timely filed on that date.

19. Date Stamp. The filing date of each filing in

the ECF System will appear at the top of the first

page in an automatically generated banner stating

the case number, the document number, and the

date filed.

VII. SIGNATURES AND RELATED

MATTERS IN ECF CASES

20. Signature Defined. A Filing User’s login

and password will serve as his or her signature on

a filing for all purposes, including those under

RCFC 11.

21. Signature Requirements.

(a) Electronic Signature. Filings must

include a signature block, in compliance

with RCFC 11(a), with the name of the

Filing User under whose login and

password the document is submitted

along with an “s/[name of Filing User]”

typed in the space where the signature

would otherwise appear.

Supplement to Appendix B cont.
142 

(b) Written Signature. A Filing User may

also satisfy the signature requirement by

scanning a document containing his or

her written signature.

(c) Noncompliance. A filing that does not

comply with this provision will be

deemed in violation of RCFC 11 and may

be stricken from the record.

22. Signatures of Multiple Parties. Documents

requiring signatures of more than one party may

be filed via the ECF System:

(a) by submitting a scanned document

containing all necessary written

signatures; or

(b) by submitting a document containing an

electronic signature for each party

(“s/[name of party]”) and the filing

attorney’s representation that the other

parties have reviewed the document and

consent to its filing.

VIII. COURT ORDERS AND

JUDGMENTS

23. Filings by the Court. Any order, opinion,

judgment, or other proceeding of the court will be

filed in accordance with this Supplement.

24. Effect of Filing. A filing by the court under

this Supplement:

(a) is an entry on the docket kept by the clerk

under RCFC 58 and 79; and

(b) has the same force and effect as a paper

copy entered on the docket in the

traditional manner.

25. Notice of Filing; Service.

(a) Notifying the Parties. Notice of a filing

by the court will be accomplished in the

manner prescribed in paragraph 14 of this

Supplement.

(b) Service. Service of a filing by the court

will be accomplished in a manner

prescribed in paragraph 14 of this

Supplement.

26. Court-Ordered Deadlines. If an order or

opinion specifies a due date for the filing of a

document, that date will control over any other

filing deadline listed on the docket for that

document.

IX. PRIVACY

27. Filings Protected Against Public

Disclosure. Except as provided in Vaccine Rule

18, all filings submitted in a Vaccine Act case are

restricted pursuant to the requirement of 42

U.S.C. § 300aa-12(d)(4)(A) and therefore are

accessible only to court personnel and the parties

to the case.

28. Personal Information. Because all filings

submitted by the parties in a Vaccine Act case are

restricted, counsel and pro se litigants need not

redact personal identifiers and other sensitive

information. All documents, including medical

records, should be filed in their original form.

X. PUBLIC ACCESS; TECHNICAL

FAILURE; HYPERLINKS

29. Reviewing Filings. Except as provided in

Vaccine Rule 18, all filings in Vaccine Act cases

are restricted pursuant to 42 U.S.C. § 300aa12(d)(4)(A) and therefore are not accessible to the 

public either in the clerk’s office or via the ECF

System.

30. Technical Failure of the ECF System.

(a) Relief by Motion. If a filing via the ECF

System is deemed untimely as the result

of a technical failure of the ECF System,

the Filing User may seek appropriate

relief from the court.

(b) Deeming the Clerk’s Office

Inaccessible. If the ECF System is

inaccessible for any significant period of

time, the clerk will deem the clerk’s

office inaccessible under RCFC 6.

31. Hyperlinks.

(a) Type. Filings via the ECF System may

contain the following types of

hyperlinks:

(i) hyperlinks to other portions of the

same document;

(ii) hyperlinks to documents already

filed via the court’s ECF System; and

(iii) hyperlinks to a location on the

Internet that contains a source

document for a citation.

(b) Cited Authority. Hyperlinks to cited

authority may not replace standard

citation format. Complete citations must

be included in the text of the filed

document.

Supplement to Appendix B cont.
143 

(c) Limitation. Neither a hyperlink, nor any

site to which it refers, will be considered

part of the record. Hyperlinks are simply

convenient mechanisms for accessing

material cited in a filed document. If a

party wishes to make any hyperlinked

material part of the record, the party must

include the material as an attachment to

the filing.

(d) Disclaimer. The court accepts no

responsibility for, and does not endorse,

any product, organization, or content at

any hyperlinked site, or at any site to

which that site may be linked. The court

accepts no responsibility for the

availability or functionality of any

hyperlink.

Rules Committee Notes

2011 Adoption 

The Supplement to the Vaccine Rules 

replaces former Office of Special Master’s 

General Order No. 13 (“Procedure for Electronic 

Case Filing in Vaccine Act Cases”), issued on 

January 2, 2008, and amended on October 16, 

2008, and establishes electronic case filing as a 

mandatory procedure applicable to all newly filed 

Vaccine Act cases except for those cases 

involving pro se litigants.

2015 Amendment 

Paragraph 4 has been amended by deleting 

the statement that all ECF cases will be listed on 

the court’s website. 

Paragraph 8(a) has been amended to allow a 

petitioner not appearing pro se to file a petition 

and the required attachments electronically.

Former paragraph 25 has been deleted as 

unnecessary. 

2016 Amendment 

Paragraph 9(b) has been amended to clarify 

that a single filing may not exceed 11 separate 

Adobe PDF files. 

In addition, Paragraph 12 has been amended 

by deleting as no longer necessary former 

paragraph 12(b) which provided that the clerk 

“will serve the ‘Notice of Electronic Filing’ (but 

not the underlying filing) on case participants 

who are not Filing Users by e-mail, hand

delivery, facsimile, or first-class postage prepaid 

mail.”

Paragraph 17 also has been amended to 

clarify that the ECF system automatically 

generates a filing date stamp at the top of the first 

page of each filing. 

Finally, paragraph 23(a) has been amended to 

delete the reference to former paragraph 12(b).

2017 Amendment

Paragraph 9(b) has been amended to remove 

the specific limitation on the number of Adobe 

PDF files that constitute a single filing, while 

maintaining the requirement of paragraph 10(a) 

that each PDF file contain only one exhibit. 

2019 Amendment 

Paragraph 20 has been amended to clarify 

that a document requiring the signature of more 

than one party must contain either a scanned 

written signature of each party or an electronic 

signature of each party along with the filing 

attorney’s representation that the other parties 

have reviewed the document and consent to its 

filing. 

2020 Amendment 

 Paragraph 2(c) has been amended to define a 

Filing User as an individual, rather than as a 

member of the court’s bar, to whom the court has 

granted access to file documents electronically in 

the ECF System.

 Paragraph 5 has been amended to reflect that 

applications for access to file documents 

electronically in the ECF System are submitted 

through PACER and that access may be granted 

to an individual who is not represented by an 

attorney only if allowed or so required by court 

order. 

Paragraph 9 has been amended to include 

additional technical requirements related to 

document format, event selection, and linking 

filings.

In addition, paragraphs 9(b), 11 and 15 have 

been amended to substitute the phrase “a portable 

storage disc or drive” for all references to a CDROM.

Finally, new paragraph 29 has been added to 

address hyperlinks in filings. 

Supplement to Appendix B cont.
144 

2023 Amendment 

The Supplement to Appendix B has been 

amended to require the court, the clerk, and 

counsel of record for the United States to file via 

the ECF System in non-ECF cases, and to provide 

pro se litigants with alternative means of 

submitting filings and receiving notice of filings 

electronically.

Supplement to Appendix B cont.
145

SECOND SUPPLEMENT TO APPENDIX B

ATTORNEY’S FEES AND COSTS

1. Attorney’s Fees. The following materials are

necessary to substantiate a request for attorney’s

fees:

(a) Contemporaneous time sheets attorney

invoices showing how many hours were

billed on a specific task, and at what

hourly rate.

(i) Number of Hours.

(A) Whether hours devoted to a

matter are “reasonable” is a

subjective inquiry involving the

nature of the work performed as

well as the expertise of the

professional performing the

work. The special master or the

court may reduce or exclude

hours that are excessive,

redundant, or otherwise

unnecessary.

(B) Each individual task should have

its own entry indicating the

amount of time dedicated to that

task. Time should be billed in

increments of one-tenth of an

hour.

(ii) Hourly Rate.

(A) A newly proposed hourly rate

may be found reasonable where

it is substantiated by an affidavit

of the attorney which includes,

but is not limited to, the years

and the breadth of experience of

the attorney as a member of the

bar of any other jurisdictions,

experience as an attorney in the

Vaccine Program, and local

billing rates, if applicable.

(B) Unless requesting a rate for a

new calendar year, the attorney

must refrain from billing at

hourly rates that have not

previously been awarded. Once a

reasonable rate for a year has

been established, it will not be

increased during the same year.

(C) The OSM Forum Hourly Rate

Fee Schedules can be found on

the court’s website. Hourly rates

billed by the attorney, assuming 

the attorney is entitled to forum 

rates, should conform to the 

ranges listed therein.

(b) If petitioner is not awarded

compensation, the fees motion must

address whether the statutory

requirements of good faith and

reasonable basis have been met, keeping

in mind the following:

(i) whether a claim is brought in good

faith is a subjective inquiry to be

determined by the special master and

the court; and

(ii) whether a claim has reasonable basis

is an objective determination,

requiring reference to record

evidence. Reasonable basis must

exist at each stage in a case; a case

that once had reasonable basis may

lose that designation after further

development.

2. Attorney’s Costs. The following materials

are required to substantiate a request for

attorney’s costs:

(a) an itemized list of all costs incurred in the

Vaccine Program proceeding; and

(b) supporting documentation for each cost

in the form of invoices, receipts, account

statements, or any other document

petitioner reasonably believes will fully

substantiate the requested cost.

3. Expert Costs. If petitioner retains an

individual to provide expertise in the case and

seeks reimbursement for this cost, the same

requirements pertaining to attorney’s fees in

paragraph 1(a)(i) above apply. It is incumbent on

petitioner to inform their expert of these

requirements. The requirements include:

(a) contemporaneous time sheets showing

how many hours were billed on a specific

task multiplied by a proposed hourly rate; 

and

(b) any other information petitioner deems

necessary to substantiate the

reasonableness of the work for which

reimbursement is being sought.

Second Supplement to Appendix B
146 

4. Petitioner’s Personal Costs. In every case in

which fees and costs are sought, petitioner must

file:

(a) a statement signed by petitioner and

petitioner’s attorney indicating whether

petitioner has personally incurred any

costs in the pursuit of their claim for

compensation; and if petitioner has

personally borne costs,

(b) supporting documentation in the form of

invoices, receipts, account statements, or

any other document sufficient to

substantiate each requested personal

cost.

5. Interim Attorney’s Fees and Costs. All

requirements set forth above in paragraphs 1–3

apply to requests for interim attorney’s fees and

costs. Interim attorney’s fees and costs may be

awarded at the discretion of the special master or

the court, based on factors including, but not

limited to, the duration of the litigation, the stage

of the litigation, the fees and costs already

incurred by petitioner, and whether non-payment

of fees and costs at this stage of litigation would

pose an undue hardship to petitioner and their

attorney. It is incumbent on a petitioner to include

any relevant information necessary for the special

master or the court to determine whether an

interim award is appropriate under the specific

circumstances of the case.

Rules Committee Notes

2023 Adoption 

The Second Supplement to the Vaccine 

Rules sets forth the necessary materials to 

substantiate a request for attorney’s fees and 

costs. This Second Supplement is intended to 

provide for the expedited review and award of 

attorney’s fees and costs in Vaccine Act cases by 

setting forth all required documentation and 

preventing the necessity of multiple filings.

Second Supplement to Appendix B cont.