§346 Proceedings in Actions for Allotments

Summary

The plaintiff must serve a copy of their petition filed under section 345 on the United States attorney in the district where the suit is filed. The plaintiff must also mail a copy by registered letter to the Attorney General of the United States and then file an affidavit with the court clerk saying those things were done. The United States attorney must appear and defend the government. Within 60 days after being served, unless the court extends the time, the United States attorney must file a formal response (a plea, answer, or objection) and say if the government has any counterclaims or other defenses. If the United States attorney does not act, the plaintiff may go on with the case under the court’s rules, but cannot get a judgment unless they prove their claim to the court’s satisfaction.