§ 2503. — Proceedings generally.
[Laws in effect as of January 7, 2003]
[Document not affected by Public Laws enacted between
January 7, 2003 and December 19, 2003]
[CITE: 28USC2503]
TITLE 28--JUDICIARY AND JUDICIAL PROCEDURE
PART VI--PARTICULAR PROCEEDINGS
CHAPTER 165--UNITED STATES COURT OF FEDERAL CLAIMS PROCEDURE
Sec. 2503. Proceedings generally
(a) Parties to any suit in the United States Court of Federal Claims
may appear before a judge of that court in person or by attorney,
produce evidence, and examine witnesses.
(b) The proceedings of the Court of Federal Claims shall be in
accordance with such rules of practice and procedure (other than the
rules of evidence) as the Court of Federal Claims may prescribe and in
accordance with the Federal Rules of Evidence.
(c) The judges of the Court of Federal Claims shall fix times for
trials, administer oaths or affirmations, examine witnesses, receive
evidence, and enter dispositive judgments. Hearings shall, if
convenient, be held in the counties where the witnesses reside.
(d) For the purpose of construing sections 1821, 1915, 1920, and
1927 of this title, the United States Court of Federal Claims shall be
deemed to be a court of the United States.
(June 25, 1948, ch. 646, 62 Stat. 976; Sept. 3, 1954, ch. 1263, Sec. 53,
68 Stat. 1246; Pub. L. 97-164, title I, Sec. 139(b)(1), Apr. 2, 1982, 96
Stat. 42; Pub. L. 102-572, title IX, Secs. 902(a), 909, Oct. 29, 1992,
106 Stat. 4516, 4519.)
Historical and Revision Notes
Based on title 28, U.S.C., 1940 ed., Secs. 269, 276, and 278 (Mar.
3, 1911, ch. 231, Secs. 168, 170, 36 Stat. 1140; Feb. 24, 1925, ch. 301,
Sec. 1, 43 Stat. 964; June 23, 1930, ch. 573, Sec. 2, 46 Stat. 799).
Section consolidates provisions relating to proceedings before
commissioners and reporter-commissioners contained in sections 269, 276,
and 278 of title 28, U.S.C., 1940 ed.
Provisions of section 269 of title 28, U.S.C., 1940 ed., relating to
appointment and compensation of commissioners are incorporated in
section 792 of this title.
Words ``including reporter-commissioners'' after ``commissioners''
were inserted to clarify meaning and conform to Rule 54(a) of the Court
of Claims authorizing oaths before reporter-commissioners.
Changes were made in phraseology.
Senate Revision Amendment
The Senate amended this section by inserting ``and when directed by
the court his recommendations for conclusions of law'' following
``commissioner'' in the second paragraph. This amendment authorizes the
Court to direct its commissioners to report recommendations for
conclusions of law as well as findings of fact in cases assigned to
them. 80th Congress Senate Report No. 1559, Amendment No. 50.
References in Text
The Federal Rules of Evidence, referred to in subsec. (b), are set
out in the Appendix to this title.
Amendments
1992--Subsec. (a). Pub. L. 102-572, Sec. 902(a)(1), substituted
``United States Court of Federal Claims'' for ``United States Claims
Court''.
Subsecs. (b), (c). Pub. L. 102-572, Sec. 902(a)(2), substituted
``Court of Federal Claims'' for ``Claims Court'' wherever appearing.
Subsec. (d). Pub. L. 102-572, Sec. 909, added subsec. (d).
1982--Pub. L. 97-164 substituted ``Proceedings generally'' for
``Proceedings before commissioners generally'' in section catchline.
Subsec. (a). Pub. L. 97-164 substituted ``Parties to any suit in the
United States Claims Court may appear before a judge of that court in
person or by attorney, produce evidence, and examine witnesses'' for
``Parties to any suit in the Court of Claims may appear before a
commissioner in person or by attorney, produce evidence and examine
witnesses'' and redesignated as subsec. (c) provisions that, in
accordance with rules and orders of the court, commissioners would fix
times for trials, administer oaths or affirmations to and examine
witnesses, receive evidence and report findings of fact, that when
directed by the court, commissioners would report their recommendations
for conclusions of law in cases assigned to them, and that hearings
would, if convenient, be held in the counties where the witnesses
resided.
Subsec. (b). Pub. L. 97-164 substituted ``The proceedings of the
Claims Court shall be in accordance with such rules of practice and
procedure (other than the rules of evidence) as the Claims Court may
prescribe and in accordance with the Federal Rules of Evidence'' for
``The rules of the court shall provide for the filing in court of the
commissioner's report of facts and recommendations for conclusions of
law, and for opportunity for the parties to file exceptions thereto, and
a hearing thereon before the court within a reasonable time'' and struck
out provision that this section did not prevent the court from passing
upon all questions and findings regardless of whether exceptions were
taken before a commissioner.
Subsec. (c). Pub. L. 97-164 redesignated provisions in second and
third sentences of former subsec. (a) as (c) and substituted ``The
judges of the Claims Court'' for ``In accordance with rules and orders
of the court, commissioners'' and ``enter dispositive judgments'' for
``report findings of fact and, when directed by the court, their
recommendations for conclusions of law in cases assigned to them''.
1954--Act Sept. 3, 1954, designated former first par. subsec. (a),
and former second par. subsec. (b), and incorporated in one place
provisions relating to function of Commissioners.
Effective Date of 1992 Amendment
Amendment by Pub. L. 102-572 effective Oct. 29, 1992, see section
911 of Pub. L. 102-572, set out as a note under section 171 of this
title.
Effective Date of 1982 Amendment
Amendment by Pub. L. 97-164 effective Oct. 1, 1982, see section 402
of Pub. L. 97-164, set out as a note under section 171 of this title.
Section Referred to in Other Sections
This section is referred to in section 798 of this title.
