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Title 28 — Judiciary and Judicial ProcedureRelease 119-73not60

§2515 New Trial; Stay of Judgment

Title 28 › Part VI— PARTICULAR PROCEEDINGS › Chapter 165— UNITED STATES COURT OF FEDERAL CLAIMS PROCEDURE › § 2515

Last updated Apr 5, 2026|Official source

Summary

Court can grant plaintiffs new trials under the same common‑law or equity rules used in private cases. It can also give the United States a new trial and stay payment while a suit is pending, after review begins, or within two years on satisfactory, including cumulative, evidence of 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 5, 2026

Release point: 119-73not60