§798 — Title 28 Judiciary and Judicial Procedure | U.S. Code

Summary

The U.S. Court of Federal Claims can hold court in Washington, D.C., and anywhere in the United States, including territories and possessions, when needed to follow sections 173 and 2503(c). Federal court buildings and similar General Services Administration facilities must be made available for trials and other proceedings held outside D.C. If a party asks or a judge decides it will save money, time, or serve justice, the chief judge can allow a judge to hold hearings or trials in a foreign country, but only if that country’s laws permit it. An interlocutory appeal from that order can be taken under section 1292(d)(2), and the U.S. Court of Appeals for the Federal Circuit may choose to hear it. The chief judge can also appoint special masters to help the court; their duties and pay follow the court’s rules.

Title 28, §798

Judiciary and Judicial Procedure — Source: USLM XML via OLRC

(a)The United States Court of Federal Claims is authorized to use facilities and hold court in Washington, District of Columbia, and throughout the United States (including its territories and possessions) as necessary for compliance with section 173 and 2503(c) of this title. The facilities of the Federal courts, as well as other comparable facilities administered by the General Services Administration, shall be made available for trials and other proceedings outside of the District of Columbia.

(b)Upon application of a party or upon the judge’s own initiative, and upon a showing that the interests of economy, efficiency, and justice will be served, the chief judge of the Court of Federal Claims may issue an order authorizing a judge of the court to conduct proceedings, including evidentiary hearings and trials, in a foreign country whose laws do not prohibit such proceedings, except that an interlocutory appeal may be taken from such an order pursuant to section 1292(d)(2) of this title, and the United States Court of Appeals for the Federal Circuit may, in its discretion, consider the appeal.

(c)The chief judge of the Court of Federal Claims may appoint special masters to assist the court in carrying out its functions. Any special masters so appointed shall carry out their responsibilities and be compensated in accordance with procedures set forth in the rules of the court.

Notes & Related Subsidiaries

Editorial Notes

Amendments

1992—Subsec. (a). Pub. L. 102–572, § 906(a), amended subsec. (a) generally. Prior to amendment, subsec. (a) read as follows: “The United States Claims Court is hereby authorized to utilize facilities and hold court in Washington, District of Columbia, and in four locations outside of the Washington, District of Columbia metropolitan area, for the purpose of conducting trials and such other proceedings as may be appropriate to executing the court’s functions. The Director of the Administrative Office of the United States Courts shall designate such locations and provide for such facilities.” Subsec. (b). Pub. L. 102–572, § 906(b)(2), added subsec. (b). Former subsec. (b) redesignated (c). Subsec. (c). Pub. L. 102–572, §§ 902(a)(2), 906(b)(1), redesignated former subsec. (b) as (c) and substituted “Court of Federal Claims” for “Claims Court”.

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.

§798 Places of Holding Court; Appointment of Special Masters