Title 28 — Judiciary and Judicial ProcedureRelease 119-73
§2515 New trial; stay of judgment
Title 28 › Part PART VI— - PARTICULAR PROCEEDINGS › Chapter CHAPTER 165— - UNITED STATES COURT OF FEDERAL CLAIMS PROCEDURE › § 2515
Summary
Court can give plaintiff new trial; and, while case is pending, after appeal, or within two years after final decision, can give United States new trial and stop payment if sufficient cumulative evidence shows fraud, wrong, or injustice.
Full Legal Text
Title 28, §2515
Judiciary and Judicial Procedure — Source: USLM XML via OLRC
(a)The United States Court of Federal Claims may grant a plaintiff a new trial on any ground established by rules of common law or equity applicable as between private parties.
(b)Such court, at any time while any suit is pending before it, or after proceedings for review have been instituted, or within two years after the final disposition of the suit, may grant the United States a new trial and stay the payment of any judgment upon satisfactory evidence, cumulative or otherwise, that any fraud, wrong, or injustice has been done the United States.
Legislative History
Notes & Related Subsidiaries
Historical and Revision Notes
Based on title 28, U.S.C., 1940 ed., §§ 281 and 282 (Mar. 3, 1911, ch. 231, §§ 174, 175, 36 Stat. 1141). Words “but until an order is made staying the payment of a judgment, the same shall be payable and paid as on March 3, 1911, was provided by law,” in section 282 of title 28, U.S.C., 1940 ed., were omitted as surplusage. Changes were made in phraseology.
Editorial Notes
Amendments
1992—Subsec. (a). Pub. L. 102–572 substituted “United States Court of Federal Claims” for “United States Claims Court”. 1982—Subsec. (a). Pub. L. 97–164 substituted “United States Claims Court” for “Court of Claims”.
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. § 2515
Title 28 — Judiciary and Judicial Procedure
Last Updated
Apr 6, 2026
Release point: 119-73