Rule 53. Reference of Procedural Motions. (a) Reference to commissioner. (2) Requirements for procedural mo- (3) Review by the court. 54. Reference of Dispositive Motions. (a) Reference to commissioner. (b) Action by commissioner. (1) Recommendation by commissioner. (2) Notice of commissioner's recommendation. (3) Review by the court. 55. Consideration of Motions by Commissioner. 56. Motions Not Referred to Commissioners. (a) Motions under Rules 151 and 152. (b) Procedural motions in certain situations. 57. Secretary to the Court or Clerk Authorized To Act on Certain Motions. Rule 76. Failure To Comply With Order for Discovery; Sanctions. (a) By deponent. (b) By a party in relation to requests for admissions, interrogatories, or the production of documents or things. (c) Evasive or incomplete answers or responses. VII. DEPOSITIONS 81. Depositions; Leave. (a) Leave required. (b) Motion for leave. (c) Objections or responses. (d) Action on motion for leave. (2) Evidentiary deposition. (3) Discovery deposition. (4) Deposition in relation to summary judgment. 82. Attendance of Witnesses. (a) Subpoenas. (b) Scope of examination. 83. Scope and Effect of Depositions. (a) Examination and cross-examination (b) Scope of examination. (c) Effect of taking deposition. 84. Depositions Upon Oral Examination. (a) Notice of examination. (1) Filing and service. (2) Waiver of notice. (3) Content of notice. (b) Submission to witness; changes; signing. 85. Depositions Upon Written Questions. (a) Written questions; notice of; filing; service. (b) Officer to take responses and prepare record. (c) Notice of filing. 86. Depositions Pending Certiorari. (a) When allowed. (b) Motion. (c) Action on motion. 87. Orders for the Protection of Parties and Deponents. 88. Use of Depositions as Evidence. (a) General. (b) Evidentiary deposition. (c) Discovery deposition. (d) Effect of using deposition. (e) Substitution of parties. 89. Persons Before Whom Depositions May Be Taken. (a) Within the United States. (b) In foreign countries. (c) Disqualification for interest. (d) Fees of officer taking deposition. 90. Record of Examination; Exhibits; Filing; Return. (a) Record of testimony. (1) Oath; transcription. (2) Objections. (3) Use of written questions. (b) Exhibits. (c) Certification by officer. (d) Filing by officer. (e) Return of other depositions. 91. Effect of Errors and Irregularities in Depositions. (a) As to notice. (b) As to disqualification of officer. (c) As to taking of deposition. (d) Service of objections. (e) As to completion and return of deposition. 92. Refusal of Deponent To Testify; Consequences. (a) Refusal to answer. (b) Failure to give deposition or to comply with order. (1) Contempt. (2) Other consequences. (c) Failure to respond to letters rogatory. VIII. SUMMARY JUDGMENT; DISMISSALS 101. Summary Judgment. (a) For claimant. (b) For defending party. Rule 101. Summary Judgment-Continued (c) When leave is required. (d) Motion and proceedings thereon. (e) Case not fully adjudicated on motion. (f) Forms of affidavits; further testimony. 102. Dismissal of Actions. (a) Voluntary dismissal; effect thereof. (2) By order of court. (b) Involuntary dismissal; effect thereof. (c) Insufficiency of evidence. (d) Effect of counterclaim. (e) Dismissal of counterclaim, cross-claim, or third-party claim. IX. PRETRIAL PROCEDURES (c) Duplication of exceptions and briefs. 144. Content of Briefs. (a) Initial brief. 145. Brief of Amicus Curiae. (a) When filed. (b) Content; duplication. 146. Argument Before the Court. (a) On the merits. (b) On motions. (c) On other matters. (d) Date of argument. (e) Time allowed. (f) Submission without argument. 147. Findings and Judgment by the Court. (a) Findings; judgment. (b) Commissioner's report. XIII. REHEARINGS; NEW TRIALS; CERTIORARI 151. Rehearings; Amendment of Judgments; New Trials. (a) Grounds. (b) Action by court. (c) Form and time of motion; response; reply. (d) On initiative of court. 152. Relief From Judgment or Order. (a) Clerical mistakes. (b) Mistakes; inadvertence; excusable neglect; newly discovered evidence; fraud, etc.; response; reply. 153. Harmless Error. 154. Writs of Certiorari. (a) Application. (b) Certified transcript of the record. (c) Printing. XIV. WUNDERLICH ACT REVIEWS 161. Applicability of Chapter. 162. Pleadings. (a) Petition. (b) Sufficiency of petition. 163. Dispositive Motions. (a) Assertion of defenses by motion. (1) In support of an administrative (2) In opposition to an administrative decision. (3) Specificity required. (c) Organization of responses. I. RULES; COURT; COMMISSIONERS Rule 1. Scope of rules; construction; effective date (a) Scope and construction.-These rules govern all proceedings in the United States Court of Claims. They shall be so construed as to promote the just, speedy, and inexpensive determination of every action. (b) Effective date.-These rules will take effect on September 1, 1969. They govern all proceedings in actions after they take effect and also all further proceedings in actions then pending, except to the extent that, in the opinion of the court (or the commissioner), their application in a particular action pending when the rules take effect would not be feasible or would work an injustice, in which event the former procedure applies. Rule 5. Name and seal of the court (a) Name.-The name of the court, as fixed by section 171 of title 28, United States Code, is "United States Court of Claims." (b) Seal. The seal of the court shall be the American eagle, as represented in the arms of the United States, engraved on a circular piece of brass or steel of the size of a half dollar, with these words in the margin: "Court of Claims" on the upper part; and "Reipublicae Civibusque" in the other part of the margin. Rule 6. Court always open; term (a) Always Open.-The court shall be deemed always open for the purpose of filing proper papers, issuing and returning process, making motions, and issuing orders. (b) Annual term.-The annual term of the court shall begin on the first Monday of October. The continued existence or expiration of a term in no way affects the power of the court to do any act or take any proceeding. Rule 7. Sittings by the court The judges of the court shall sit on the court and its divisions in such order and at such times and places as the court directs in accordance with the provisions of 28 U.S.C. § 175. Rule 12. The court and commissioners (a) Delegations of authority to commissioners.— Delegations of authority to "the commissioner" in these rules relate to actions which a commissioner is authorized to take with respect to a case while it is under reference to him in accordance with Rule 14. Such a delegation shall not be construed as preventing the court from exercising the same authority. (b) Proceedings before commissioners.-Cases commenced in the Court of Claims will be referred to commissioners for the conduct of proceedings pursuant to the provisions of Rule 13(b). A termination or a suspension of the reference terminates or suspends the authority of the commissioner with respect to the case. (c) When "court" includes commissioners.— When the context permits, the term "the court," as used in Rules 21, 25, 38-41, 64, 66, 71-76, 81, 86, 87, 92, 123, 153, and 203, includes the commissioners in matters under reference to them pursuant to Rule 14, to the extent of the authority vested in them by Rule 13. (d) Requests for review; action.—(1) Requests for review of the commissioners' actions or orders, as provided by Rule 13(d) or Rule 53(b) (3), may be acted upon by the chief judge or a judge in chambers. Such action shall be without prejudice and subject to review by the court in its discretion. Proceedings before the commissioner will not be stayed pending action upon a request for review pursuant to this provision unless the commissioner or the court or a judge thereof shall so order. (2) Requests for review of commissioners' recommendations for conclusions of law on dispositive motions (Rules 54(b) (3) and 166(e)), and excep |