UNITED STATES COURT OF APPEALS FOR VETERANS CLAIMS

Misc. No. 1-01

In Re: RULES OF ADMISSION AND PRACTICE

Before KRAMER, Chief Judge, and FARLEY, HOLDAWAY,

IVERS, STEINBERG, and GREENE, Judges.

O R D E R

Pursuant to the authority of 38 U.S.C. §§ 7263(b) and 7264(a) and consistent with 28 U.S.C.

§ 2071(b) and (e), the Court has determined the need to revise its Rules of Practice and Procedure.

It is

ORDERED that the attached proposed revised Rules of Admission and Practice are hereby

published. Public comment on this revision is invited. Such comment must be submitted to the

Clerk of this Court at 625 Indiana Avenue, NW, Suite 900, Washington, DC 20004-2950, by July 2,

2001.

DATED: May 1, 2001 BY THE COURT:

KENNETH B. KRAMER

Chief Judge

Attachment

MISC. ORD. NO. 7-00 WAS THE LAST IN THE SERIES FOR 2000.
RULE 32(g)

Amend Rule 32(g) by increasing the page length of briefs to 30 pages:

(g) Page Limits and Number of Copies. Except by

permission of the Court or as limited by Rule 47, principal briefs may

not exceed 30 pages and reply briefs may not exceed 15 pages, not

counting the table of contents; the table of citations; any appendix

containing superseded statutes, rules, and regulations, and

unpublished authorities; and the certificate of service. An original

and three copies of all papers must be filed with the Clerk, but the

Court may require that additional copies be furnished. But see Rule

25 concerning fax filings.

RULE 35(a) and 35(d)(1)

Amend Rule 35(a), and (d)(1) by inserting a new second sentence, so that Rule 35(a) would

read as follows:

(a) Motion for Reconsideration. A party in a case decided by a

single judge may move for reconsideration by the single judge. A party in a

case dismissed by the Clerk pursuant to Rule 45(i) may move for

reconsideration by the Clerk. A party in a case decided by a panel may move

for reconsideration by the panel. A party in a case decided by the full Court

may move for reconsideration by the full Court.

And add the following language to (d)(1):

(d)(1) A motion for Clerk reconsideration, single-judge

reconsideration, for panel decision, or for both, must be filed

within 21 days (51 days if the motion is filed by a person

located outside a state, the District of Columbia, Puerto Rico,

or the Virgin Islands) after the date of the Clerk's or singlejudge decision.

RULE 45

Amend Rule 45 by redesignating subsection (i) as (j) and adding a new (i), so that Rule 45

would read in part as follows:

. . . .
(g) Motions. The Clerk may act on motions, if consented to or

unopposed, that seek to: 

(1) dismiss an appeal or an application for extraordinary relief with or

without prejudice to reinstate it;

(2) remand a case;

(3) reinstate a case that was dismissed for failure to comply with the

rules;

(4) extend the time for taking any action required or permitted by the

rules or an order of the Court, unless the motion is made after the

time limit has elapsed;

(5) consolidate appeals;

(6) withdraw or substitute an appearance; or

(7) correct a brief or other paper.

(a) . . . .

(i) Sua Sponte Dismissal of Cases. The Clerk may dismiss a case for the

appellant's failure to pay the filing fee or to file a brief. If a party's motion for

reconsideration by the Clerk of a case dismissed by the Clerk under this subsection

is not granted by the Clerk, the matter must be referred for decision by a judge.

(j) Construction of Rules in Self-Representation Cases. The Clerk shall

liberally construe the rules as they apply to appellants representing themselves.