UNITED STATES COURT OF APPEALS FOR VETERANS CLAIMS

MISC. NO. 10-22

IN RE: RULES OF PRACTICE AND PROCEDURE

O R D E R

 Pursuant to the authority of 38 U.S.C. § 7264(a) and consistent with 28 U.S.C. § 2071(b), 

the Court has determined that Rule 27 (MOTIONS), Rule 27.1 (MOTION FOR INITIAL REVIEW BY 

PANEL), Rule 34 (ORAL ARGUMENT), and Rule 47 (EXPEDITED PROCEEDINGS) of its Rules of Practice

and Procedure (Rules) should be revised. 

The proposed revision of Rules 27 (MOTIONS), 27.1 (MOTION FOR INITIAL REVIEW BY 

PANEL), and 34 (ORAL ARGUMENT) is in response to public comments regarding issues that 

have arisen after the Court published Rule 27.1 in 2021, as well as to ensure consistency with 

recent revisions to the Court's Internal Operating Procedures. 

 

The proposed revision to Rule 47 (EXPEDITED PROCEEDINGS) would broaden the class of 

medical providers who can submit a statement in support of expedited proceedings. As a result, 

the Court would have wider discretion to determine whether expedited proceedings are appropriate 

in an individual case. 

The revisions to these four Rules were reviewed by and have the support of the Court's 

Rules Advisory Committee.

Accordingly, it is

ORDERED that the attached proposed revisions to the Court's Rules are hereby published 

for public comment for a period of 30 days. Comments must be submitted to the Clerk of the Court 

by December 22, 2022, at comments@uscourts.cavc.gov or 625 Indiana Avenue, NW, Suite

900, Washington, DC 20004.

DATED: November 22, 2022 FOR THE COURT:

 /s/Gregory O. Block

GREGORY O. BLOCK

 Clerk of the Court

Attachments:

1. Proposed Revised Rules

2. Proposed Revised Rules with Changes Shown
Proposed Revisions to Rules 27, 27.1, 34, & 47 (November 14, 2022)

Rule 27: Motions

(a) Content of Motions. Unless another form is required by these Rules, an application for relief 

shall be made by filing a motion, with proof of service (See Rule 25(c) (Manner and Proof of 

Service)) on all other parties. The motion shall-

(1) contain or be accompanied by any material required by any of the Rules governing 

such a motion;

(2) state with particularity the specific grounds on which it is based;

(3) describe the relief sought;

(4) not be accompanied by a proposed implementing order; and,

(5) if the party is represented, indicate whether the motion is opposed and, if so, whether 

the moving party has been advised that a response in opposition will be filed.

(b) Response or Opposition.

(1) Time to file. Unless otherwise prescribed in these Rules (See, e.g., Rule 26(b)(2) 

(Computation and Extension of Time-Opposition)), any party may file a response or 

opposition to a motion not later than 14 days after service of the motion, however, the 

Court may act on motions authorized by Rule 8 (Suspension of Secretarial Action or 

Suspension of Precedential Effect of Decision of this Court) after reasonable notice of the 

motion has been provided to all parties. The Court may shorten or extend the time for 

responding to any motion.

(2) Form of opposition. Unless the Court orders otherwise, an opposition to a motion 

shall be filed by an opposing party in writing, and a motion will be considered unopposed 

if such an opposition is not filed.

(c) Motions for Procedural Orders. Notwithstanding subsection (a) and except as provided in 

the next sentence, the Court may act upon motions for procedural orders at any time without 

awaiting a response, and, by rule or order of the Court, the Clerk may dispose of motions for 

certain procedural orders. The Clerk may act on motions to extend time for good cause (but not 

for extraordinary circumstances) if the motion is not opposed within 5 days after service on the 

other party. See Rule 26(b)(2) (Computation and Extension of Time-Opposition). Any party who 

may be adversely affected by the action may, by motion, request that the Court reconsider, 

vacate, or modify the action not later than 10 days after the action is announced.

(d) Form and Length. Except by permission of the Court,

(1) a motion or response may not exceed 10 pages, and

Attachment 1 - Proposed Revised Rules
(2) the form requirements in Rule 32 (Form of Briefs, Appendices, and other Documents) 

for principal briefs apply to motions and responses. See also Rule 6 (Protection of 

Privacy) and Rule 37 (Retention Requirements for Documents).

(e) Prohibited Nondispositive Motions. Except as otherwise permitted, no more than one 

subject may be addressed in any nondispositive motion. See Rules 26(d), 27.1(c)(2), 34(b)(2), 

and 35(a)(1). The Clerk will return any motion that violates this subsection.

(f) Effect of Motions. Filing a motion does not suspend proceedings or otherwise alter the 

schedule for filing documents unless the Court grants the motion. See Rules 5(b) (Effect of Stay) 

and 26(b)(3) (Effect of Motion).

Rule 27.1: Motion for Initial Review by Panel

(a) In General. To assist the Court in determining whether a matter should be resolved by a 

panel of the Court, a party or parties may file a motion for initial review by panel when 

resolution of an issue would meet one or more of the criteria set forth in subsection (c)(1).

(b) Time for Motion. 

(1) A motion for initial review by panel pertaining to the underlying merits of an appeal 

must be filed no later than 14 days after the reply brief is due or filed.

(2) A motion for initial review by panel pertaining to a petition for extraordinary relief 

must be filed no later than 7 days after the respondent(s) files an answer to the petition.

(3) A motion for initial review by panel pertaining to all other matters may be filed 

concurrently with the filing (including a Notice of Appeal, motion, or application) that 

raises the issue warranting panel review, but no later than 14 days after the last 

responsive pleading for that action is due or filed. If no responsive pleading is 

contemplated, then the motion for initial review by panel may be filed no later than 14 

days after the filing that raises the issue warranting panel review.

(c) Content, Form, and Length of Motion. 

(1) A motion for initial review by panel shall state why the resolution of an issue would 

establish a new rule of law; modify or clarify an existing rule of law; apply established 

law to a novel fact situation; constitute the only recent, binding precedent on a particular 

point of law; involve a legal issue of continuing public interest; or resolve a case in which 

the outcome is reasonably debatable. 

(2) Except by permission of the Court, a motion or response under this Rule may not 

exceed 10 pages and must comply with the form requirements in Rule 32 (Form of 

Briefs, Appendices, and Other Documents) for principal briefs and Rule 25 (Filing and 

Service). See Rule 6 (Protection of Privacy) and Rule 37 (Retention Requirements for 

Documents). The motion shall also comply with Rule 27 (Motions), but it need not 

Attachment 1 - Proposed Revised Rules
indicate whether it is opposed. A motion under this Rule may be combined with a motion 

filed pursuant to Rule 34(b) (Motion for Oral Argument).

(d) Response; Action on the Motion. No response to a motion under this Rule may be filed 

unless the response is requested by the Court. A motion for initial review by panel pertaining to 

the underlying merits of an appeal or a petition for extraordinary relief will be assigned to the 

screening Judge. A motion for initial review by panel pertaining to all other matters will be 

assigned to the Judge next in rotation, unless another Judge has acted on a previous motion in the 

case or the case is pending before a screening Judge. 

(e) Effect of Motions. Filing a motion under this Rule does not suspend proceedings or 

otherwise alter the schedule for filing documents unless the Court so orders. See Rules 5(b) 

(Effect of Stay) and 26(b)(3) (Effect of motion).

Rule 34: Oral Argument

(a) In General. The U.S. Court of Appeals for Veterans Claims is a Court of national 

jurisdiction. Generally, oral argument will be held in Washington, D.C. However, the Court may 

hold oral argument anywhere in the United States. Oral argument will be allowed only when 

ordered by the Court and will be held where and when the Court orders.

(b) Motion for Oral Argument.

(1) Time for Motion. Parties seeking oral argument on the underlying merits of an 

appeal must file a motion no later than 14 days after the reply brief is due or filed. Parties 

seeking oral argument related to a petition for extraordinary relief must file a motion no 

later than 7 days after the respondent(s) files an answer to the petition. Parties seeking 

oral argument related to all other matters may file a motion concurrently with the filing 

that raises the issue warranting oral argument, but no later than 14 days after the last 

responsive pleading for that action is due or filed. If no responsive pleading is 

contemplated, then the motion for oral argument must be filed no later than 14 days after 

the filing that raises the issue warranting oral argument.

(2) Content of Motion. A motion for oral argument shall specify why such argument 

will aid the Court. A motion for oral argument may not be included in any brief, but may 

be combined with a motion filed pursuant to Rule 27.1 (Motion for Initial Review by 

Panel). Oral argument normally is not granted on nondispositive matters or matters being 

decided by a single Judge.

(c) Participation by Amicus Curiae in Oral Argument. An amicus curiae will be permitted to 

participate in oral argument only at the invitation of the Court.

(d) Notice of Argument; Postponement; Additional Time. The Clerk shall advise all parties 

and issue a public order as to when and where oral argument is to be heard and the time to be 

allowed each party. A request for postponement of the argument or for the allowance of 

Attachment 1 - Proposed Revised Rules
additional time shall be made by motion filed reasonably in advance of the date fixed for 

argument and shall contain a showing of good cause.

(e) Order and Content of Argument. The appellant will generally open and conclude the 

argument. In argument on motions, the movant generally will open and conclude the argument.

(f) Nonappearance of Parties. If any party fails to appear to present argument, the Court may 

hear argument by any other party who is present.

(g) Physical Exhibits. A party who wishes to use physical exhibits other than documents shall 

arrange with the Clerk to have them placed in the courtroom on the date of the argument before 

the Court convenes. After the argument, the party shall remove the exhibits unless the Court 

otherwise directs. If the exhibits are not reclaimed within a reasonable time after notice is given 

by the Clerk, they will be disposed of by the Clerk.

Practitioner's Note: The Court's oral argument Guide for Counsel is available on the 

Court's website at www.uscourts.cavc.gov or by request.

Rule 47: Expedited Proceedings

(a) Motion and Order. On a party's motion for good cause shown, on written agreement of the

parties, or on its own initiative, the Court may order that any matter before the Court be

expedited with respect to some or all procedural steps. The following may constitute good cause:

(1) a serious health condition that makes the death of the appellant or petitioner 

imminent, as shown by a medical provider's statement (including identification of the 

provider's licensing authority and current license number);

(2) the advanced age (over 75 years) of the appellant or petitioner and a state of failing 

health due to a nontemporary condition, as shown by a medical provider's statement 

(including identification of the provider's licensing authority and current license number), 

such that expeditious proceedings are necessary to avoid an injustice to the appellant or 

petitioner; or

(3) any other exceptional circumstances that make expeditious proceedings necessary to 

avoid an injustice to the appellant or petitioner, as shown by credible evidence.

* * *

Attachment 1 - Proposed Revised Rules
Proposed Revisions to Rules 27, 27.1, 34, & 47 (November 14, 2022)

Rule 27: Motions

(a) Content of Motions. Unless another form is required by these Rules, an application for relief 

shall be made by filing a motion, with proof of service (See Rule 25(c) (Manner and Proof of 

Service)) on all other parties. The motion shall-

(1) contain or be accompanied by any material required by any of the Rules governing 

such a motion;

(2) state with particularity the specific grounds on which it is based;

(3) describe the relief sought;

(4) not be accompanied by a proposed implementing order; and,

(5) if the partyappellant is represented, indicate whether the motion is opposed and, if so, 

whether the moving party has been advised that a response in opposition will be filed.

(b) Response or Opposition.

(1) Time to file. Unless otherwise prescribed in these Rules (See, e.g., Rule 26(b)(2) 

(Computation and Extension of Time-Opposition)), any party may file a response or 

opposition to a motion not later than 14 days after service of the motion, however, the 

Court may act on motions authorized by Rule 8 (Suspension of Secretarial Action oOr 

Suspension of Precedential Effect of Decision of Tthis Court) after reasonable notice of 

the motion has been provided to all parties. The Court may shorten or extend the time for 

responding to any motion.

(2) Form of opposition. Unless the Court orders otherwise, an opposition to a motion 

shall be filed by an opposing party in writing, and a motion will be considered unopposed 

if such an opposition is not filed.

(c) Motions for Procedural Orders. Notwithstanding subsection (a) and except as provided in 

the next sentence, the Court may act upon motions for procedural orders at any time without 

awaiting a response, and, by rule or order of the Court, the Clerk may dispose of motions for 

certain procedural orders. The Clerk may act on motions to extend time for good cause (but not 

for extraordinary circumstances) if the motion is not opposed within 5 days after service on the 

other party. See Rule 26(b)(2) (Computation and Extension of Time-Opposition). Any party who 

may be adversely affected by the action may, by motion, request that the Court reconsider, 

vacate, or modify the action not later than 10 days after the action is announced.

(d) Form and Length. Except by permission of the Court,

(1) a motion or response may not exceed 10 pages, and

Attachment 2 - Proposed Revised Rules with Changes Shown
(2) the form requirements in Rule 32 (Form of Briefs, Appendices, and other Documents) 

for principal briefs apply to motions and responses. See also Rule 6 (Protection of 

Privacy) and Rule 37 (Retention Requirements for Documents).

(e) Prohibited Nondispositive Motions. Except as otherwise permitted by Rules 26(d) 

(Combined Motions Prohibited and 35(a)(1) (Motion for Reconsideration, Panel Decision, or 

Full Court Review-Motion for Reconsideration-Permitted), no more than one subject may be 

addressed in any nondispositive motion. See Rules 26(d), 27.1(c)(2), 34(b)(2), and 35(a)(1). The 

Clerk will return any motion that violates this subsection.

(f) Effect of Motions. Filing a motion does not suspend proceedings or otherwise alter the 

schedule for filing documents unless the Court grants the motion. See Rules 5(b) (Effect of Stay) 

and 26(b)(3) (Effect of Motion).

Rule 27.1: Motion for Initial Review by Panel

(a) In General. To assist the Court in determining whether a matter should be resolved by a 

panel of the Court, a party or parties may file a motion for initial review by panel when 

resolution of an issue would meet one or more of the criteria set forth in subsection (c)(1).

(b) Time for Motion. 

(1) A motion for initial review by panel pertaining to the underlying merits of an appeal 

must be filed no later than 14 days after the reply brief is due or filed.

(2) A motion for initial review by panel pertaining to a petition for extraordinary relief 

must be filed no later than 7 days after the respondent(s) files an answer to the petition.

(3) A motion for initial review by panel pertaining to all other matters may be filed 

concurrently with the filing (including a Notice of Appeal, motion, or application) that 

raises the issue warranting panel review, but no later than 14 days after the last 

responsive pleading for that action is due or filed. If no responsive pleading is 

contemplated, then the motion for initial review by panel may be filed no later than 14 

days after the filing that raises the issue warranting panel review.

(c) Content, Form, and Length of Motion. 

(1) A motion for initial review by panel shall state why the resolution of an issue would 

establish a new rule of law; modify or clarify an existing rule of law; apply established 

law to a novel fact situation; constitute the only recent, binding precedent on a particular 

point of law; involve a legal issue of continuing public interest; or resolve a case in which 

the outcome is reasonably debatable. 

(2) Except by permission of the Court, a motion or response under this Rule may not 

exceed 10 pages and must comply with the form requirements in Rule 32 (Form of 

Briefs, Appendices, and Other Documents) for principal briefs and Rule 25 (Filing and 

Attachment 2 - Proposed Revised Rules with Changes Shown
Service). See Rule 6 (Protection of Privacy) and Rule 37 (Retention Requirements for 

Documents). The motion shall also comply with Rule 27 (Motions), but it need not 

indicate whether it is opposed. A motion under this Rule may be combined with a motion 

filed pursuant to Rule 34(b) (Motion for Oral Argument).

(d) Response; Action on the Motion. No response to a motion under this Rule may be filed 

unless the response is requested by the Court. A motion for initial review by panel pertaining to 

the underlying merits of an appeal or a petition for extraordinary relief will be assigned to the 

screening Judge. A motion for initial review by panel pertaining to all other matters will be 

assigned to the Judge next in rotation, unless another Judge has acted on a previous motion in the 

case or the case is pending before a screening Judge. 

(e) Effect of Motions. Filing a motion under this Rule does not suspend proceedings or 

otherwise alter the schedule for filing documents unless the Court so orders. See Rules 5(b) 

(Effect of Stay) and 26(b)(3) (Effect of motion).

Rule 34: Oral Argument

(a) In General. The U.S. Court of Appeals for Veterans Claims is a Court of national 

jurisdiction. Generally, oral argument will be held in Washington, D.C. However, the Court may 

hold oral argument anywhere in the United States. Oral argument will be allowed only when 

ordered by the Court and will be held where and when the Court orders.

(b) Motion for Oral Argument.

(1) Time for Motion. Parties seeking oral argument on the underlying merits of an 

appeal must file a motion no later than 14 days after the reply brief is due or filed. Parties 

seeking oral argument related to a petition for extraordinary relief must file a motion no 

later than 7 days after the respondent(s) files an answer to the petition. Parties seeking 

oral argument related to all other matters may file a motion concurrently with the filing 

that raises the issue warranting oral argument, but no later than 14 days after the last 

responsive pleading for that action is due or filed. If no responsive pleading is 

contemplated, then the motion for oral argument must be filed no later than 14 days after 

the filing that raises the issue warranting oral argument.

(2) Content of Motion. Parties seeking oral argument should submit a motion for oral 

argument not later than 14 days after the reply brief is due or filed, whichever is sooner. 

Such A motion for oral argument shall specify therein why such argument will aid the 

Court. A motion for oral argument may not be included in any brief but may be combined 

with a motion filed pursuant to Rule 27.71 (Motion for Initial Review by Panel). Oral 

argument normally is not granted on nondispositive matters or matters being decided by a 

single Judge.

(c) Participation by Amicus Curiae in Oral Argument. An amicus curiae will be permitted to 

participate in oral argument only at the invitation of the Court.

Attachment 2 - Proposed Revised Rules with Changes Shown
(d) Notice of Argument; Postponement; Additional Time. The Clerk shall advise all parties 

and issue a public order as to when and where oral argument is to be heard and the time to be 

allowed each party. A request for postponement of the argument or for the allowance of 

additional time shall be made by motion filed reasonably in advance of the date fixed for 

argument and shall contain a showing of good cause.

(e) Order and Content of Argument. The appellant will generally open and conclude the 

argument. In argument on motions, the movant generally will open and conclude the argument.

(f) Nonappearance of Parties. If any party fails to appear to present argument, the Court may 

hear argument by any other party who is present.

(g) Physical Exhibits. A party who wishes to use physical exhibits other than documents shall 

arrange with the Clerk to have them placed in the courtroom on the date of the argument before 

the Court convenes. After the argument, the party shall remove the exhibits unless the Court 

otherwise directs. If the exhibits are not reclaimed within a reasonable time after notice is given 

by the Clerk, they will be disposed of by the Clerk.

Practitioner's Note: The Court's oral argument Guide for Counsel is available on the 

Court's website at www.uscourts.cavc.gov or by request.

Rule 47: Expedited Proceedings

(a) Motion and Order. On a party's motion for good cause shown, on written agreement of the

parties, or on its own initiative, the Court may order that any matter before the Court be

expedited with respect to some or all procedural steps. The following may constitute good cause:

(1) a serious health condition that makes the death of the appellant or petitioner 

imminent, as shown by a physician's medical provider's statement (including 

identification of the physician's provider's licensing authority and current license 

number);

(2) the advanced age (over 75 years) of the appellant or petitioner and a state of failing 

health due to a nontemporary condition, as shown by a physician 's medical provider's

statement (including identification of the physician 's provider's licensing authority and 

current license number), such that expeditious proceedings are necessary to avoid an 

injustice to the appellant or petitioner; or

(3) any other exceptional circumstances that make expeditious proceedings necessary to 

avoid an injustice to the appellant or petitioner, as shown by credible evidence.

* * *

Attachment 2 - Proposed Revised Rules with Changes Shown