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Parties making objections or responses thereto shall file a like number of copies. In the case of all other motions, objections, or responses thereto, except motions for call when an original and 2 copies shall be filed, the number of copies filed shall be one original and one copy for each adverse party, unless additional copies are ordered by the Court after the motion has been filed.
(e) Briefs and Memoranda: Any briefs or memoranda of citations submitted in support of any motion, objections, or responses thereto shall be included in or attached to each copy of such motion, objections, or responses thereto.
(f) Action on Motions: Except where otherwise provided by law, motions may be acted upon by the Chief Judge, or a Judge in chambers, or may be assigned for argument before the Court or a Judge designated for that purpose prior to action thereon.
(g) Notice of Action: Written notice shall be given by the Clerk to the parties of the disposition of all motions.
RULE 8. GENERAL RULES OF PLEADING
(a) Pleading To Be Concise and Direct; Consistency: (1) Each averment of a pleading shall be simple, concise, and direct. No technical forms of pleading or motions are required.
(2) A party may set forth two or more statements of a claim or defense alternatively or hypothetically, either in one count or defense or in separate counts or defenses. When two or more statements are made in the alternative and one of them, if made independently, would be sufficient, the pleading is not made insufficient by the insufficiency of one or more of the alternative statements. A party may also state as many separate claims or defenses as he has, regardless of consistency and whether based on legal or on equitable grounds or on both. All statements shall be made subject to the obligations set forth in Rule 11 (c).
(b) Construction of Pleadings: All pleadings shall be so construed as to do substantial justice.
RULE 9. PLEADING SPECIAL MATTERS
(a) Capacity: It is not necessary to aver the capacity of a party to sue or be sued or the authority of a party to sue or be sued in a representative capacity or the legal existence of an organized association of persons that is made a party, except to the extent required to show the jurisdiction of the Court and to comply with the provisions of Rule 12. When a party desires to raise an issue as to the legal existence of any party or the capacity of any party to sue or be sued or the authority of a party to sue or be sued in a representative capacity, he shall do so by specific negative averment, which shall include such supporting particulars as are peculiarly within the pleader's knowledge.
(b) Fraud, Mistake, Condition of the Mind: In all averments of mistake or fraud, including a plea by the United States that the plaintiff has practiced or attempted to practice fraud within the meaning of 28 U. S. C. 2514, the circumstances constituting mistake or fraud shall be stated with particularity. Malice, intent, knowledge, and other condition of mind of a person may be averred generally.
(c) Conditions Precedent: In pleading the performance or occurrence of conditions precedent, it is sufficient to aver generally that all conditions precedent have been performed or have occurred. A denial of performance or occurrence shall be made specifically and with particularity.
(d) Judgment: In pleading a judgment or decision of a domestic or foreign court, judicial or quasi-judicial tribunal, or of a board or officer, it is sufficient to aver the judgment or decision without setting forth matter showing jurisdiction to render it.
(e) Time and Place: For the purpose of testing the sufficiency of a pleading, averments of time and place are material and shall be considered like all other averments of material matter.
RULE 10. FORM OF PLEADINGS
(a) Caption; Names of Parties: Every pleading shall contain a caption setting forth the name of this Court, The United States Court of Claims, the title of the action, the docket number, and a designation as in Rule 6. In the petition the title of the action shall include the names of all the parties, but in other pleadings it is sufficient to state the name of the first party on each side with an appropriate indication of other parties.
(b) Paragraphs; Separate Statements: All averments of claim or defense shall be made in numbered paragraphs, the contents of each of which shall be limited as far as practicable to a statement of a single set of circumstances; and a paragraph may be referred to by number in all succeeding pleadings. Each claim founded upon a separate transaction or occurrence and each defense other than denials shall be stated in a separate count or defense whenever a separation facilitates the clear presentation of the matters set forth.
(c) Adoption by Reference; Exhibits: Statements in a pleading may be adopted by reference in a different part of the same pleading or in another pleading or in any motion. A copy of any written instrument which is an exhibit to a pleading is a part thereof for all purposes unless otherwise indicated.
RULE 11. SIGNING OF PLEADINGS
(a) Parties Other Than United States: Every pleading of a party, other than the United States, represented by an attorney shall be signed by the attorney of record and shall set forth his post office address to which all notices and copies of pleadings and motions
may be sent. A party who is not represented by an attorney shall set forth his post office address in his first pleading and shall sign his pleadings and motions.
(b) United States: Every pleading of the United States shall be signed by the Attorney General, or by an officer or attorney of the Department of Justice designated by him.
(c) Effect of Signature: The signature of an attorney or a party constitutes a certificate by him that he has read the pleading; that to the best of his knowledge, information, and belief
there is good ground to support it; and that it is not interposed
be stricken as sham and false and the action may proceed
RULE 12. CONTENTS OF PETITION
The petition, including a third party petition, shall set forth:
(a) Statement of Facts: A clear and concise statement of the
(b) Action by Other Tribunal or Body: Any action on the
(c) Citations of Statutes, Regulations, Orders: A clear cita-
(d) Contracts or Treaties: If the claim is founded upon a con-
(e) Patent Suits: In any patent suit, the claim or claims of the
(f) Ownership of Claim; Assignment: What persons are owners of the claim and whether there has been an assignment or transfer of the claim, or any part thereof, and, if so, when and upon what consideration.
(g) Demand for Judgment: A demand for judgment to which the pleader deems himself entitled.
RULE 13. PETITION PENDING MOTION FOR CALL
When the plaintiff cannot state his case with the requisite particularity without an examination of
any department or agency of the Government and has been unable to obtain a sufficient examination of such papers on application, he may file a petition stating his claim, as far as is in his power,
, and specifying as definitely as he can the papers he requires. Within 30 days after the filing of such petition, he shall file a motion for a call under Rule 26 upon the proper department or agency of the Government for such information or papers as may be deemed necessary. If the motion is granted, plaintiff may file an amended petition within 30 days after such information or papers are furnished. Defendant need not answer an original petition filed under this rule, but shall answer the amended petition within the time required under these rules for answering an original petition. If the motion is not granted or if an amended petition is not filed after the requested information or papers are furnished, the defendant shall file such responsive pleading and within such time as the Court may require.
RULE 14. PETITIONS AND PROCEDURE IN DEPARTMENTAL
AND CONGRESSIONAL CASES
(a) Service of Notice; Time for Response: Upon the filing of a case referred to the Court by the head of an executive department or by Congress or either House thereof, the Clerk shall serve a notice, as provided in Rule 3, on each person whose name and address are shown by the papers transmitted and who appears to be interested in the subject matter of the reference,