Title 28 — Judiciary and Judicial ProcedureRelease 119-73
§2504 Plaintiff’s testimony
Title 28 › Part PART VI— - PARTICULAR PROCEEDINGS › Chapter CHAPTER 165— - UNITED STATES COURT OF FEDERAL CLAIMS PROCEDURE › § 2504
Summary
The court, at the Attorney General’s request, can order a plaintiff, with reasonable notice, to be sworn and answer questions about the claim. The judge must write and file that testimony, and U.S. attorneys may use it at trial. If the plaintiff fails or refuses after notice, the court can delay the trial until the plaintiff complies.
Full Legal Text
Title 28, §2504
Judiciary and Judicial Procedure — Source: USLM XML via OLRC
The United States Court of Federal Claims may, at the instance of the Attorney General, order any plaintiff to appear, upon reasonable notice, before any judge of the court and be examined on oath as to all matters pertaining to his claim. Such examination shall be reduced to writing by the judge, and shall be returned to and filed in the court, and may, at the discretion of the attorneys for the United States, be read and used as evidence on the trial. If any plaintiff, after such order is made and due and reasonable notice thereof is given to him, fails to appear, or refuses to testify or answer fully as to all material matters within his knowledge, the court may order that the case shall not be tried until he fully complies with such order.
Legislative History
Notes & Related Subsidiaries
Historical and Revision Notes
Based on title 28, U.S.C., 1940 ed., § 274 (Mar. 3, 1911, ch. 231, § 166, 36 Stat. 1140). Words “Attorney General” were substituted for “attorney or solicitor appearing in behalf of the United States,” in view of section 309 of title 5, U.S.C., 1940 ed., Executive Departments and Government Officers and Employees. Changes were made in phraseology.
Editorial Notes
Amendments
1992—Pub. L. 102–572 substituted “United States Court of Federal Claims” for “United States Claims Court”. 1982—Pub. L. 97–164 substituted “United States Claims Court” for “Court of Claims”, and “judge” for “commissioner” wherever appearing.
Statutory Notes and Related Subsidiaries
Effective Date
of 1992 AmendmentAmendment by Pub. L. 102–572 effective Oct. 29, 1992, see section 911 of Pub. L. 102–572, set out as a note under section 171 of this title.
Effective Date
of 1982 AmendmentAmendment by Pub. L. 97–164 effective Oct. 1, 1982, see section 402 of Pub. L. 97–164, set out as a note under section 171 of this title.
Reference
Citations & Metadata
Citation
28 U.S.C. § 2504
Title 28 — Judiciary and Judicial Procedure
Last Updated
Apr 6, 2026
Release point: 119-73