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Title 28, Judiciary and Judicial ProcedureRelease 119-102

§2504 Plaintiff’s Testimony

Title 28 › PART VI — PARTICULAR PROCEEDINGS › CHAPTER 165 — UNITED STATES COURT OF FEDERAL CLAIMS PROCEDURE › § 2504

Last updated Aug 21, 2026|Official source

Summary

The Court of Federal Claims can require a plaintiff, if the Attorney General asks, to come to court on reasonable notice and answer questions under oath about their claim. The judge will write down the testimony, file it, and U.S. attorneys may use it at trial. If the plaintiff is properly notified but fails to appear or refuses to answer important questions, the court can delay the trial until the plaintiff follows the order.

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

Aug 21, 2026

Release point: 119-102