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(b) Construction of Pleadings: All pleadings shall be so construed as to do substantial justice.

RULE 9. PLEADING SPECIAL MATTERS

(a) Capacity: It is not necessary to aver the capacity of a party to sue or be sued or the authority of a party to sue or be sued in a representative capacity or the legal existence of an organized association of persons that is made a party, except to the extent required to show the jurisdiction of the Court and to comply with the provisions of Rule 12. When a party desires to raise an issue as to the legal existence of any party or the capacity of any party to sue or be sued or the authority of a party to sue or be sued in a representative capacity, he shall do so by specific negative averment, which shall include such supporting particulars as are peculiarly within the pleader's knowledge.

(b) Fraud, Mistake, Condition of the Mind: In all averments of mistake or fraud, including a plea by the United States that the plaintiff has practiced or attempted to practice fraud within the meaning of 28 U. S. C. 2514, the circumstances constituting mistake or fraud shall be stated with particularity. Malice, intent, knowledge, and other condition of mind of a person may be averred generally.

(c) Conditions Precedent: In pleading the performance or occurrence of conditions precedent, it is sufficient to aver generally that all conditions precedent have been performed or have occurred. A denial of performance or occurrence shall be made specifically and with particularity.

(d) Judgment: In pleading a judgment or decision of a domestic or foreign court, judicial or quasi-judicial tribunal, or of a board or officer, it is sufficient to aver the judgment or decision without setting forth matter showing jurisdiction to render it.

(e) Time and Place: For the purpose of testing the sufficiency of a pleading, averments of time and place are material and shall be considered like all other averments of material matter.

RULE 10. FORM OF PLEADINGS

(a) Caption; Names of Parties: Every pleading shall contain a caption setting forth the name of this Court, The United States Court of Claims, the title of the action, the docket number, and a designation as in Rule 6. In the petition the title of the action shall include the names of all the parties, but in other pleadings it is sufficient to state the name of the first party on each side with an appropriate indication of other parties.

(b) Paragraphs; Separate Statements: All averments of claim or defense shall be made in numbered paragraphs, the contents of each of which shall be limited as far as practicable to a statement of a single set of circumstances; and a paragraph may be referred to by number in all succeeding pleadings. Each claim founded upon a separate transaction or occurrence and each defense other than denials shall be stated in a separate count or defense whenever a separation facilitates the clear presentation of the matters set forth.

(c) Adoption by Reference; Exhibits: Statements in a pleading may be adopted by reference in a different part of the same pleading or in another pleading or in any motion. A copy of any written instrument which is an exhibit to a pleading is a part thereof for all purposes unless otherwise indicated.

RULE 11. SIGNING OF PLEADINGS

(a) Parties Other Than United States: Every pleading of a party, other than the United States, represented by an attorney shall be signed by the attorney of record and the initial pleading shall set forth the post office address of the party and of the attorney. All notices and copies of pleadings and motions will be sent to the attorney of record where the party is represented by an attorney; otherwise to the party. A party who is not represented by an attorney shall set forth his post office address in his initial pleading and shall sign his pleadings and motions.

(b) United States: Every pleading of the United States shall be signed by the Attorney General, or by an officer or attorney of the Department of Justice designated by him.

(c) Effect of Signature: The signature of an attorney or a party constitutes a certificate by him that he has read the pleading; that to the best of his knowledge, information, and belief there is good ground to support it; and that it is not interposed for delay. The signature of an attorney also constitutes a representation by him that he is authorized to represent the party or parties in whose behalf the pleading is filed. If a pleading is not signed, or is signed with intent to defeat the purpose of this rule, it may be stricken as sham and false and the action may proceed as though the pleading had not been served. For a wilful violation of this rule an attorney may be subjected to appropriate disciplinary action. Similar action may be taken if scandalous or indecent matter is inserted.

RULE 12. CONTENTS OF PETITION The petition, including a third-party petition, shall set forth:

(a) Statement of Facts: A clear and concise statement of the facts on which each claim is based, including the facts upon which the Court's jurisdiction depends, the time when and place where the claim arose, and the items and amounts claimed; provided that in cases for general or specific accounting the statement of relief requested may omit the amounts claimed

(b) Action by Other Tribunal or Body: Any action on the claim taken by Congress or by any department of the Government, or in any judicial proceeding, including any in the Tax Court of the United States.

(c) Citations of Statutes, Regulations, Orders: A clear citation of the act of Congress, regulation of an executive department or agency, or executive order of the President, where the claim is founded upon such an act, regulation, or order.

(d) Contracts or Treaties: If the claim is founded upon a contract or treaty with the United States, a description of the contract or treaty sufficient to identify it. In addition the plaintiff shall plead the substance of those portions of the contract or treaty on which he relies or, at his election, annex to the petition a copy of the contract or treaty or the provisions thereof on which he relies.

(e) Patent Suits: In any patent suit, the claim or claims of the patent or patents alleged to be infringed.

(f) Ownership of Claim; Assignment: Where the plaintiff or plaintiffs are the owners by assignment or other transfer of the claim in whole or in part, when and upon what consideration the assignment or transfer was made.

(g) Demand for Judgment: A demand for judgment to which the pleader deems himself entitled.

RULE 13. PETITION PENDING MOTION FOR DISCOVERY

When the plaintiff cannot state his case with the requisite particularity without an examination of documents or things in the possession of any department or agency of the Government and has been unable upon application to obtain a sufficient examination of such documents or things, he may file a petition stating his claim, as far as is in his power, and specifying as definitely as he can the documents or things he requires. Within 30 days after the filing of such petition, he shall file a motion pursuant to Rule 26 or Rule 27, or such combination thereof as may be needed to obtain from the proper department or agency of the Government such documents or things as may be deemed necessary. If such motion is granted, plaintiff may file an amended petition within 30 days after such documents or things are furnished. Defendant need not answer an original petition filed under this rule, but shall answer the amended petition within the time required under these rules for answering an original petition. If no motion is granted or if an amended petition is not filed after the requested documents or things are furnished, the defendant shall file such responsive pleading and within such time as the Court may require.

RULE 14. PETITIONS AND PROCEDURE IN REFERENCE CASES

(a) Service of Notice; Time for Response: Upon the filing of a case referred to the Court by the Comptroller General or by the Congress or either House thereof, the Clerk shall serve a notice, as provided in Rule 3, on each person whose name and address are shown by the papers transmitted and who appears to be interested in the subject matter of the reference, which notice shall set forth the filing of the reference and state that the person notified appears to have an interest therein and that such person shall have 90 days after such service within which to appear and assert his claim by filing a petition in accordance with Rules 1 and 12. At the same time the Clerk shall forward a copy of each such notice to the Attorney General.

(b) Procedure After Notice: After the service of notice upon the interested person or persons, all further proceedings for the disposition of the case shall be in accordance with the rules prescribed herein for other cases.

(c) Failure of Party To Appear: If no interested plaintiff appears and files his petition within the time specified in the notice served by the Clerk, the case shall be submitted to the Court upon the papers filed and upon such evidence, if any, as may be produced by the Attorney General.

RULE 15. DEFENSES (a) Form of Denials: A party shall state in short and plain terms his defenses to each claim asserted and shall admit or deny the averments upon which the adverse party relies. If the

Effective July 1, 1953, the following was stricken from the end of this sentence: "except that in patent cases the defendant may at its election plead the general issue upon the conditions provided in 35 U. S. C. 69.”

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