§7264 — Title 38 Veterans' Benefits | U.S. Code

Summary

The Court of Appeals for Veterans Claims must run its cases under rules the Court creates. If an appellant gives an address on the notice of appeal filed under section 7266, mailing legal papers (like decisions, orders, notices, or other court documents) to that address counts as proper service. Section 455 of title 28 applies to the Court’s judges and its proceedings.

Title 38, §7264

Veterans' Benefits — Source: USLM XML via OLRC

(a)The proceedings of the Court of Appeals for Veterans Claims shall be conducted in accordance with such rules of practice and procedure as the Court prescribes.

(b)The mailing of a pleading, decision, order, notice, or process in respect of proceedings before the Court shall be held sufficient service of such pleading, decision, order, notice, or process if it is properly addressed to the address furnished by the appellant on the notice of appeal filed under section 7266 of this title.

(c)Section 455 of title 28 shall apply to judges and proceedings of the Court.

Notes & Related Subsidiaries

Editorial Notes

Amendments

1998—Subsec. (a). Pub. L. 105–368 substituted “Court of Appeals for Veterans Claims” for “Court of Veterans Appeals”. 1991—Pub. L. 102–40, § 402(b)(1), renumbered section 4064 of this title as this section. Subsec. (b). Pub. L. 102–40, § 402(d)(1), substituted “7266” for “4066”. Subsec. (c). Pub. L. 102–82 added subsec. (c).

Statutory Notes and Related Subsidiaries

Effective Date

of 1998 AmendmentAmendment by Pub. L. 105–368 effective on first day of first month beginning more than 90 days after Nov. 11, 1998, see section 513 of Pub. L. 105–368, set out as a note under section 7251 of this title. Interim Rules of Court of Veterans Appeals Pub. L. 101–94, title II, § 203, Aug. 16, 1989, 103 Stat. 627, provided that the Federal Rules of Appellate Procedure (28 U.S.C. App.) would be interim rules of United States Court of Veterans Appeals unless otherwise provided by the Court in accordance with this chapter, and if there was a conflict between a provision of Federal Rules of Appellate Procedure and procedures set forth in this chapter, procedures set forth in this chapter would apply.

§7264 Rules of practice and procedure