Page images
PDF
EPUB
[merged small][merged small][merged small][merged small][merged small][graphic][subsumed][subsumed][subsumed][subsumed][subsumed][subsumed][merged small][merged small][merged small]

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:

(a) Error of Fact. Rule 92.
(b) Error of Law. Rule 93.
(c) Newly discovered evidence. Rule 94.
The following form may be used:

Title of case.

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:

[ocr errors]

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 the case of - ; and (c) the House of Lords in the case of

(See brief, infra, pp. 1125, 1129, and 1130.) Date.

By

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.

Form of Notice. In the Court of Claims of the United States. Title of case. 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 day of

194, 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. Date.

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. Date.

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.

8. Publications

(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.

INDEX

Page 653 655 496 489 654 576 577 718 534 538

553

ACCIDENTS,

Federal employee, compensation [c. 61, § 2]..

C. 61, & 6.....
Industrial [c. 18, § 4].....
Mine casualties (c. 47, § 3 (a) (1)]....
Panama Canal employees, compensation (c. 61, § 3).
Railroad (c. 54, § 13 X]..

C. 54, § 13 XV.....
Vocational rebabilitation after [c. 71, $ 7).
Women workers (c. 51, § 3 (e)]....

c. 51, § 6 (d)... ACCOUNTS,

Government, settlement and adjustment (c. 53, § 1].......
ACCOUNTS AND COLLECTIONS UNIT,

Accounts and Procedure Division (c. 16, § 2 (f)].....
Activities (c. 16, § 2]......
Collection district, organization (c. 16, § 3 (a)].
Collectors of Internal Revenue (c. 16, § 2 (k)].

c. 16, § 3 (a), chart 9........
Complaints against collectors' offices (c. 16, § 2 (b)]....
Correspondence Study Section (c. 16, § 2 (d)]..
Delinquent tax drives (c. 16, § 2 (c)]....
Deputy Commissioner, duties of [c. 16, § 2 (b)]...
Disbursement Division (c. 16, § 2 (g)].
Field Allowance Division (c. 16, § 2 (e)].
Field procedure, collectors' offices (c. 16, § 2 (c)].
Field Procedure Division (c. 16, § 2 (c)]....
Mission [c. 16, § 1].......
New collection districts (c. 16, § 2 (c)].
Office Procedure Section (c. 16, § (i)].
Organization (c. 16, § 3).

c. 16, § 3 (a), (5), chart 9.
Revenue Accounts Section (c. 16, § 2 (j)]...
Stamp Section (c. 16, § 2 (h)].....

Statistics for establishing new collection districts (c. 16, § 2 (c)].
ACTUARY,

Government [c. 5, § 6]... ADDRESSES,

Departmental correspondence [c. 2, § 51].. ADJUSTED COMPENSATION ACT,

C. 81, § 8....... ADJUSTMENT BOARD,

Of Railroad Labor Board for disputes (c. 80, 8 4]......

c. 80, 8 6...... ADJUTANT GENERAL,

War Department, duties (c. 21, 8 4 C (a)]....

124 124 125 125 125 124 124 124 124 124 124 124 124 124 124 125 125 126 125 124 124

68

19

774

768 769

206

« ՆախորդըՇարունակել »