UNITED STATES COURT OF APPEALS FOR VETERANS CLAIMS

MISC. NO. 11-21

IN RE: RULES OF PRACT ICE 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 its Rules of Practice and Procedure (Rules) should be revised to 

include a new Rule 27.1 (MOTION FOR INITIAL REVIEW BY PANEL). In making specific provision 

for a Motion for Initial Review by Panel, the Court is encouraged by the prospect th at such 

motions might early encourage panel action, as well as early consideration of the potential 

for oral argument. This proposed change to the Rules was developed with the benefit of input 

from the Court's Judicial Advisory Committee and review by the Court's Rules Advisory 

Committee.

 Accordingly, it is

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

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

by August 11, 2021, at comments@uscourts.cavc.gov or t o 625 Indiana Avenue, NW, Suite

900, Washington, DC 20004.

DATED: July 12, 2021 FOR THE COURT:

 /s/Gregory O. Block

GREGORY O. BLOCK

 Clerk of the Court

Attachment:

Proposed Rule
PROPOSED RULE 27.1

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)thatraises the issue warranting panel review,

but no later than 14 days after the last responsive pleading for that

action is due or filed.

(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).

(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).