UNITED STATES COURT OF APPEALS FOR VETERANS CLAIMS

MISC. NO. 13-17

IN RE: RULES OF PRACTICE AND PROCEDURE

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), the Court has determined the need to revise its Rules of Practice and Procedure 

(Rules) to streamline procedures for withdrawal of representatives in cases where multiple 

representatives have filed a notice of appearance and a designated lead representative will 

remain. Therefore the Court proposes to revise Rule 46. In reaching this determination, the 

Court has considered and benefitted from the views of its Rules Advisory Committee. 

Accordingly, it is

ORDERED that the attached proposed revision to the Court's Rules is hereby published 

for public comment for a period of 30 days. Comments must be submitted by December 18, 

2017, to the Clerk of the Court at comments@uscourts.cavc.gov or 625 Indiana Avenue, NW, 

Suite 900, Washington, DC 20004-2950

DATED: November 17, 2017 FOR THE COURT:

/s/ Gregory O. Block

GREGORY O. BLOCK

Clerk of the Court

Attachments

Proposed Revised Rule

Proposed Revised Rule with Changes Shown
ATTACHMENT TO MISCELLANEOUS ORDER NO. 13-17

 

 PROPOSED REVISED RULE 46 (b)(1)(D)

 

(D) Appearance by Multiple Representatives. In cases where multiple 

representatives submit for filing a notice of appearance, one representative 

must be designated as lead representative. When an additional 

representative for appellant or intervenor is not designated as lead

representative, that representative may withdraw his or her appearance 

without obtaining the Court's permission as would otherwise be required by 

subsection 46(c). The lead representative shall promptly file a notice in each 

case informing the Clerk's Office that the additional representative is no 

Ionger representing the appellant or intervenor, that notice of the 

withdrawal of the additional representative has been provided to the 

appellant or intervenor, and that the additional representative's name 

should be removed from the docket.

 PROPOSED REVISED RULE 46 (C)

(c) Withdrawal From Representation. Except as noted in subsection 

(b)(1)(B), (b)(1)(D), and in subparagraph (2), . . 
 ATTACHMENT TO MISC. ORDER NO. 13-17

 

 PROPOSED REVISIONS TO RULE 46 (b)(1)(D) (with changes shown)

 

(D) Appearance by Multiple Representatives. In cases where multiple 

representatives submit for filing a notice of appearance, one representative 

must be designated as lead representative. When an additional 

representative for appellant or intervenor is not designated as lead

representative, that representative may withdraw his or her appearance 

without obtaining the Court's permission as would otherwise be required by 

subsection 46(c). The lead representative shall promptly file a notice in each

case informing the Clerk's Office that the additional representative is no 

Ionger representing the appellant or intervenor, that notice of the 

withdrawal of the additional representative has been provided to the 

appellant or intervenor, and that the additional representative's name 

should be removed from the docket.

PROPOSED REVISION TO RULE 46 (c) (with changes shown)

(c) Withdrawal From Representation. Except as noted in subsection 

and in subparagraph (2), . .