I. COMMENCEMENT OF SUIT; SERVICE OF RULE 1. COMMENCEMENT OF SUIT (a) Filing and Fee: A suit in the United States Court of Claims shall be commenced by filing with the Clerk a petition conforming to the requirements of this rule and Rule 12 and by paying to him the filing fee required by Rule 84. (b) Printing Required: Every petition shall be printed in conformity with Rules 81 to 83 unless the requirement of printing is waived by the Court on motion pursuant to Rule 82 (c), in which event the petition shall be mimeographed. (c) Copies: Printed: Twenty-five copies of a printed petition shall be filed: Provided, That 5 copies of the petition in typewritten form may be filed initially, to be followed within 20 days thereafter by the filing of 25 printed copies. (d) Copies: Mimeographed: Every motion for the waiver of the printing of a petition shall be accompanied by 5 copies of the petition in typewritten form, to be followed, within 10 days after the allowance of the motion, by the filing of 25 copies of the petition in mimeographed form; or, the motion may be accompanied by 25 mimeographed copies in lieu of any copies in typewritten form. (e) Typewriting and Mimeograph; Form and Size: All typewritten or mimeographed copies of a petition shall be on paper 82 by 11 inches in size, with type matter not exceeding 62 by 91⁄2 inches, double spaced, bound or attached on the left margin, and unfolded. RULE 2. SERVICE OF PETITION (a) Service Upon the United States: Service of the petition upon the United States shall be made through the delivery by the Clerk to the Attorney General or to an agent designated by authority of the Attorney General of copies of the petition in numbers prescribed by subdivision (b) of this rule. (b) Copies: The Clerk shall deliver to the Attorney General or his designated agent 10 copies of the printed or mimeographed petition: Provided, That when 5 copies only are initially filed, 3 copies shall be delivered immediately and 10 additional copies shall be delivered when the party files the 25 printed or mimeographed copies. RULE 3. SERVICE OF OTHER PAPERS Except as provided in Rule 19, relating to third-party procedure, every order required by its terms to be served, every pleading subsequent to the original petition, every written motion, every written notice, application for transcript of record, and similar papers, shall be served by the Clerk of the Court upon the party or parties affected thereby as follows: (a) Upon the plaintiff by mailing a copy or copies (where more than one copy is required by these rules) to plaintiff's attorney of record at his address registered with the Clerk as required by Rule 11; (b) Where plaintiff is not represented by an attorney, by mailing such copy or copies to plaintiff at the address registered with the Clerk as required by Rule 11; (c) Upon the United States, by delivery of such copy or copies to the Attorney General, or to an agent designated by authority of the Attorney General. Service by mail is complete upon mailing. RULE 4. PROOF OF SERVICE At the time of serving a pleading, motion, or other paper, as provided in Rules 2 and 3, the Clerk shall note the fact of service on the docket and the Clerk's entry on such docket shall be prima facie evidence of service. RULE 5. TIME (a) Computation: In computing any period of time prescribed or allowed by these rules, by order of the Court, or by order of a Commissioner, the day of the act, event, or default after which the designated period of time begins to run is not to be included. The last day of the period so computed is to be included, unless it is a Saturday, Sunday, or a legal holiday in the District of Columbia, in which event the period runs until the end of the next day which is neither a Saturday, a Sunday, nor a legal holiday. The following-named days are legal holidays within the District of Columbia: New Year's Day, January 1. Inauguration Day, every fourth year. Washington's Birthday, February 22. Independence Day, July 4. Labor Day, first Monday in September. Veterans Day, November 11. Thanksgiving Day, fourth Thursday in November. Christmas Day, December 25. When legal holidays fall on Sunday the next day is a holiday. (b) Enlargement: When by these rules or by a notice given thereunder or by order of the Court or of a Commissioner, an act is required or allowed to be done at or within a specified time, the Court or a Commissioner (in matters where he is authorized to act) for cause may, at any time, in its or his discretion (1) with or without motion or notice, order the period enlarged if request therefor is made before the expiration of the period originally prescribed or as extended by a previous order, or (2) upon motion made after the expiration of the specified period, permit the act to be done where the failure to act was the result of excusable neglect. (c) Additional Time After Service by Mail: Whenever a party has the right or is required to do some act or take some proceedings within a prescribed period after the service of a pleading, motion, or other paper upon him and the service is made by mail outside of the District of Columbia, 3 days shall be added to the prescribed period for points east of the Mississippi River and 5 days shall be added to the prescribed period for points west of the Mississippi River. (d) When Time Begins To Run: In computing any period of time prescribed or allowed by these rules, or by order of the Court, or of a Commissioner, the period of time shall commence to run on the day after the date of service of a pleading, motion, or other paper unless otherwise particularly specified in these rules. (e) Unaffected by Expiration of Term: The period of time provided for the doing of any act or the taking of any proceeding is not affected or limited by the continued existence or expiration of a term of Court. |