Richard A. Hertling

Courtwide

Motion Form

Request a court order by motion. The motion must be written unless made during a hearing or trial, state the grounds with particularity, and state the relief sought.

The motion must: (A) be in writing unless made during a hearing or trial; (B) state with particularity the grounds for seeking the order; and (C) state the relief sought.

Rules of the United States Court of Federal Claims ↗

Courtwide

Supporting Materials

A motion, objection, or response may be accompanied by a brief or memorandum and, when needed, supporting affidavits.

Any motion, objection, or response may be accompanied by a brief or memorandum and, if necessary, affidavits supporting the motion.

Rules of the United States Court of Federal Claims ↗

Courtwide

Meet And Confer

Before filing a nondispositive motion, make a reasonable good-faith effort to discuss it with opposing counsel, determine whether it is opposed, narrow disagreements, and include the required certification.

The motion must: (1) include a certification that the movant has in good faith conferred or attempted to confer with opposing counsel.

Rules of the United States Court of Federal Claims ↗

Courtwide

Trial Testimony

Trial testimony is taken in open court unless an identified rule or statute provides otherwise. Remote contemporaneous testimony requires good cause, compelling circumstances, and appropriate safeguards.

For good cause in compelling circumstances and with appropriate safeguards, the court may permit testimony in open court by contemporaneous transmission from a different location.

Rules of the United States Court of Federal Claims ↗