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Note. Parties desiring to submit cases without oral argument will fill out the above form, stating the issue presented for consideration; the date of any previous submission upon the same issue; the dates of filing of briefs and stipulations, if any, upon which the case is intended to be submitted. Where this is not done the case will not be regarded as having been submitted.
No. 34. When a party desires a case to be remanded to the general docket for further proceedings, he shall make a motion therefor, stating the facts desired to be proved, with the grounds of such expectation and the reason why such action was not taken before the case was closed. Rule 84.
Form of Motion to Remand the Case to the General Docket.
Title of case.
Motion to Remand.
Comes now the attorney for the claimant and moves that the above-entitled case be remanded to the general docket for the purpose of taking further testimony.
Claimant expects to prove by a newly discovered witness A. B., a private in the United States Army, lately stationed in France, that (here state what is expected to be proved).
Claimant was aware since the filing of this petition of this witness' knowledge of the facts desired to be proved as above but did not produce him before because upon inquiry at the War Department said witness was reported dead, hence claimant made no further search for him. That he is not dead and is now in this country, was ascertained only within the last few days.
(Acknowledgment of service is required.)
No. 35. Decision rendered.55
Attorney for Claimant.
No. 36. Motion for a new trial and amended findings of fact. See Chart No. 50.
No. 37. Motion in opposition to motion for new trial may be filed. Rule 95. See Chart No. 50.
Under the Act of February 13, 1925, appeals from the Court of Claims to the United States Supreme Court can no longer be taken, and a case can only be reviewed on the issuance of a writ of certiorari from the Supreme Court.
55 Judicial Code, §§ 150, 152 (36 Stat. 1138 [Comp. St. §§ 1141, 1143]); Judicial Code, §§ 177-179 (36 Stat. 1141 [Comp. St. §§ 1168-1170]).
Note. Notice of all motions filed by claimant must be served on opposing counsel.
No. 1. Whenever, after the Court of Claims has rendered judgment, it is desired by either party to question the correctness or the sufficiency of the court's findings of fact or its conclusion or to amend the same, the complaining party within 60 days shall file a motion which shall be known and may be considered as a motion for a new trial. Rule 90.
Exception. See section 175 of the Judicial Code and Section 1086, R. S. U. S.
"Sec. 175. The Court of Claims, at any time while any claim is pending before it, or on appeal from it, or within two years next after the final disposition of such claim, may, on motion, on behalf of the United States, grant a new trial and stay the payment of any judgment therein, upon such evidence, cumulative or otherwise, as shall satisfy the court that any fraud, wrong or injustice in the premises has been done to the United States; but until an order is made staying the payment of a judgment, the same shall be payable and paid as now provided by law." 36 Stat. 1141.
Either party may file a motion for a new trial and amended findings of fact upon the ground of:
Motion for a New Trial and Amended Findings of Fact.
Comes now the claimant, by
his attorney, and moves the court for
a new trial on errors, both of fact and law, as below:
Errors of Fact.
(1) That in finding No. III, and at the end thereof, the following should be added: (Here set forth the facts which it is sought to have included in said finding).
(2) That finding No. IV should be canceled.
(3) That after the first sentence of finding No. VI, add the following: (Here make insert).
(4) That a new trial should be granted on errors of law, on the ground that the decision is contrary to the holdings of (a) the Supreme Court of the United States in the case of ; (b) the Circuit Court of Appeals of New York in -; and (c) the House of Lords in the case of
the case of
Attorney for Claimant.
No. 2. The motion for a new trial and amended findings of fact must be accompanied or followed shortly by the brief of the moving party and a copy thereof must be served on the opposing party. Rule 95.
No. 3. The defendant may give notice of its intention to oppose the motion for a new trial and amended findings of fact, and file a reply brief in response to the brief of the moving party. Rule 95.
Title of case.
Form of Notice.
In the Court of Claims of the United States.
Notice of Opposition to Motion for New Trial and Amended Findings of Fact. Please take notice that defendants will oppose your motion in the above-entitled case for a new trial and amended findings of fact filed on the
19-, and will move the court that the same be overruled. The motion and opposition will probably be sent to the law calendar for hearing, and as defendants will print its objections and reasons therefor, no time for such hearing can now be fixed by defendant.
Assistant Attorney General.
Form of Opposing Motion.
Motion of Defendants to Strike out Plaintiff's Motion for New Trial and Amended Findings of Fact.
Come now the defendants, by their Attorney General, and move the court to strike from the record the motion of the plaintiff for new trial and amended findings of fact, and for cause show:
1. That finding No. IV which claimant asks be canceled, is fully and strongly supported by the evidence, is fundamental in character, and to cancel it would prejudice other of the findings of the court.
2. That the statement of facts sought to be added after finding No. VI is not supported by the evidence; further, the motion does not comply with the requirements of rule 92.
3. That as respects the alleged errors of law, the motion in this respect fails to comply fully with the provisions of rule 93; further, the decisions cited no longer obtain.
Assistant Attorney General.
No. 4. The motion for a new trial will be considered by the judges in conference upon the brief or briefs and affidavits, if any, and will there be decided or sent to the law calendar for argument. Rule 95.
No. 5. Decision.
(a) Judicial Code.
(b) "Law Charts and Patent Engineering," by Semmes & Van Deventer. (c) "A Case in the United States Court of Claims," by Harry N. Stull.
9. Rules for Admission of Attorneys
See rules 6 to 14, both inclusive, of "Rules of the United States Court of Claims," supra.