§ 2508. — Counterclaim or setoff.
[Laws in effect as of January 7, 2003]
[Document not affected by Public Laws enacted between
January 7, 2003 and December 19, 2003]
[CITE: 28USC2508]
TITLE 28--JUDICIARY AND JUDICIAL PROCEDURE
PART VI--PARTICULAR PROCEEDINGS
CHAPTER 165--UNITED STATES COURT OF FEDERAL CLAIMS PROCEDURE
Sec. 2508. Counterclaim or set-off; registration of judgment
Upon the trial of any suit in the United States Court of Federal
Claims in which any setoff, counterclaim, claim for damages, or other
demand is set up on the part of the United States against any plaintiff
making claim against the United States in said court, the court shall
hear and determine such claim or demand both for and against the United
States and plaintiff.
If upon the whole case it finds that the plaintiff is indebted to
the United States it shall render judgment to that effect, and such
judgment shall be final and reviewable.
The transcript of such judgment, filed in the clerk's office of any
district court, shall be entered upon the records and shall be
enforceable as other judgments.
(June 25, 1948, ch. 646, 62 Stat. 977; July 28, 1953, ch. 253, Sec. 10,
67 Stat. 227; Sept. 3, 1954, ch. 1263, Sec. 47(a), 68 Stat. 1243; Pub.
L. 97-164, title I, Sec. 139(g), Apr. 2, 1982, 96 Stat. 42; Pub. L. 102-
572, title IX, Sec. 902(a)(1), Oct. 29, 1992, 106 Stat. 4516.)
Historical and Revision Notes
Based on title 28, U.S.C., 1940 ed., Sec. 252 (Mar. 3, 1911, ch.
231, Sec. 146, 36 Stat. 1137).
Changes were made in phraseology.
Amendments
1992--Pub. L. 102-572 substituted ``United States Court of Federal
Claims'' for ``United States Claims Court''.
1982--Pub. L. 97-164 substituted ``United States Claims Court'' for
``Court of Claims''.
1954--Act Sept. 3, 1954, struck out ``United States'' from name of
Court of Claims in first par.
1953--Act July 28, 1953, substituted ``United States Court of
Claims'' for ``Court of Claims'' in first par., and substituted ``shall
be enforceable as other judgments'' for ``be a judgment of such district
court and enforceable as such'' in third par.
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.
