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AMENDMENTS TO THE RULES
It is ordered this 11th day of October 1948, that Rule 91 be and the same is amended so as to allow 20 days, rather than 60 days, for the filing of motions for new trial from the date the judgment of the court is announced, said amendment reading as follows: 91.*
Motions for new trial, except as provided by Section 175 of the Judicial Code (Ú. S. Code, title 28, section 282), shall be filed within 20 days from
the time the judgment of the court is announced. It is further ordered this 11th day of October 1948, that Rule 97 of the rules of the court be and the same is amended as follows:
97. All motions for new trial or for amendment of findings, and briefs thereon, and briefs in reply to such motions, may be in typewritten form, provided that the printing of the motion may in any case be required by
the court. (See Rule 82.) It is further ordered that the changes in Rules 91 and 97 shall apply to pending cases and to suits hereafter filed.
RULE OF PROCEDURE IN SUITS IN EQUITY INSTITUTED IN A
FEDERAL DISTRICT COURT UNDER THE ACT OF AUGUST 7, 1946 (60 STAT. 903) AND TRANSFERRED TO THIS COURT UNDER SECTION 37, U. S. CODE, TITLE 28, EFFECTIVE SEPTEMBER 1, 1948.
Effective November 10, 1948
(1) Except as otherwise indicated herein, all cases transferred to this Court under the provisions of the Act of June 25, 1948, 28 U.S.C. § 37, effective September 1, 1948, amending the Act of August 7, 1946, Sec. 6, will proceed to trial
and judgment on the pleadings filed in the District Court prior to such transfer.
(a) A petition, answer, or motion filed prior to transfer may be amended, and if amended, such amendment shall be filed within 20 days from the date hereof. Subsequent amendments shall be by leave of the Court. When an amended petition is filed, defendant shall answer or otherwise plead thereto within 20 days from the date of filing, or from the date hereof, whichever is later.
(b) Notwithstanding the state of the pleadings or the record in a case at the time of transfer, a plaintiff may, if he so desires, replead by the filing of a new petition in this Court. Written notice of intention to file a new petition shall be filed with the Clerk of this Court within 10 days from the date hereof, and plaintiff shall then file the new petition within 20 days thereafter. Upon the filing of a new petition the defendant shall have 30 days thereafter or from the date of this Rule, whichever is later, within which to answer or otherwise plead to the petition.
(2) The Rules of the Court with reference to the filing of printed petitions, exhibits, answers, motions, exceptions, and briefs are waived in transferred cases.
(3) Where plaintiff does not elect to file an amended or new petition and the case proceeds on the original petition filed in the District Court, the plaintiff shall prepare and file within 15 days after the date hereof, six (6) additional copies of the petition, two for the defendant's counsel and four for the Court; additional copies of the contract upon which the suit is based need not be filed.
There shall be filed an original and at least six clear copies of all amended and new petitions and all answers, motions, exceptions and briefs. When either party elects to file in printed form instead of in typewritten form, any of the documents herein referred to, the number of printed copies specified by existing Rules shall be filed.
(4) Inasmuch as plaintiffs in transferred cases have paid all fees and costs required in the District Courts no filing fee will be payable in this Court.
(5) In any case where defendant had not filed an answer at the time of the transfer of the case, and plaintiff does not
amend or elect to file a new petition in this Court, defendant shall within 30 days from the date of this Rule file an answer specifically admitting or denying the allegations of the petition, or otherwise plead thereto.
(6) Where, at the time of a transfer of a case to this Court, a motion to dismiss or other pleading had been filed by defendant prior to the filing of an answer, and plaintiff does not elect to amend or replead, defendant shall within 20 days from the applicable dates stated in (1) (a) and (b) above, advise the Clerk of this Court in writing whether defendant desires to proceed on such motion as made or as may be amended, or whether it desires to withdraw such motion and file an answer. If the motion is withdrawn the answer shall be filed within 20 days from the date of notice to the Clerk of such withdrawal.
(7) In any case in which it appears from the record that some action was taken, order entered or decision made on any phase of the case by the District Court, and plaintiff does not elect to amend the petition or file a new petition, defendant shall within 20 days elect whether it will bring the case before the Court by motion or other appropriate pleading or allow the case to proceed to trial before a Commissioner for the taking of evidence on the merits. If no such motion is made the case shall proceed to trial on the merits upon the original petition and the answer thereto.
LEGISLATION RELATING TO THE
COURT OF CLAIMS
(PRIVATE Law 457–80TH CONGRESS)
AN ACT. Conferring jurisdiction upon the Court of Claims of the United States
to hear, determine and, render judgment upon the joint claims of Silas Masoa Company, Incorporated; Walsh Construction Company; and Atkinson-Kier Company.
Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That jurisdiction is hereby conferred upon the Court of Claims of the United States to hear and determine on the merits and to render, in accordance therewith, judgment upon the joint claims of Silas Mason Company, Incorporated; Walsh Construction Company; and Atkinson-Kier Company against the United States which are embodied in the petition of the said companies filed in the Court of Claims May 1, 1939, as amended February 14, 1940, and therein docketed as number 44,659, excepting from such jurisdiction, however, the claims set out as causes of actions numbered 22, 24, 25, 26, 27, 30, and 31 in the said petition and excepting therefrom that part of the claim set out as cause of action numbered 14 in the said petition for which judgment was rendered by the Court in number 44,659 on October 1, 1945, in the amount of $1,099.80. The Court of Claims is directed to hear, determine, and render judgment upon the said claims notwithstanding any prior determination, any statute of limitation, or any abandonment of, nonconformance with, or deviation from the protest and appeal provisions and procedure of the said contract, including but without limitation to article 15 of the contract and paragraph 14 of specification numbered 570 involved in such claims, and without regard to any provisions of the said contract or specifications
LEGISLATION RELATING TO THE COURT OF CLAIMS
purporting to confer finality upon the decisions of questions arising under the contract by any officer of the United States.
SEC. 2. Adjudication of the said claims by the Court of Claims is directed to be made without reference to the decision by the court in the case of Silas Mason Company, Incorporated, Walsh Construction Company, AtkinsonKier Company against the United States on October 1, 1945, numbered 44,659; but the court shall consider as the evidence in such suit any and all evidence heretofore taken by the parties in the said case of Silas Mason Company, Incorporated, Walsh Construction Company, Atkinson-Kier Company against the United States; and the court may use as a basis for its findings of fact the report of its commissioner, Ewart W. Hobbs, filed January 11, 1944, upon such evidence subject to the exceptions thereto filed by the petitioners and by the defendant United States both on May 1, 1944.
Sec. 3. Any suit upon such claims brought under the provisions of this Act shall be instituted within six months from the date of enactment of this. Act. Proceedings for the determination of such claims, and appeals from, and payment of, any judgment thereon shall be in the same manner as in the case of claims over which such court has jurisdiction under section 145 of the Judicial Code, as amended.
Approved July 3, 1948. .