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Internal Operating Procedures
Internal Circulation of Decisions

United States Court of Appeals for Veterans Claims

Internal Operating Procedures


X.  Internal Circulation of Decisions


(a) Policy. Before issuing any dispositive decision (except one dismissing a case for failure to pay the filing fee or to file a brief, see Section II(b)(1)), the author Judge circulates a draft of the decision to all Judges for the period indicated in Section X(b), below, and shall not issue such decision until after the circulation period has ended. This procedure will keep each Judge informed of the decisions being issued by other Judges and allow time for any Judge to provide comments or request panel or en banc consideration, as appropriate. This procedure will also serve to provide the editors with sufficient time to review the decision and provide format and style suggestions to the author Judge before the case is issued. Although nondispositive orders generally are not subject to this procedure, all nondispositive orders granting equitable tolling are circulated.


(b) Procedure. Single-judge memorandum decisions and orders to be circulated per Section X(a), above, are circulated for 5 working days. Re-circulated decisions and orders, and decisions and orders in cases where briefing was expedited, are clearly identified as such and are circulated for 3 working days. Panel decisions and orders are clearly identified as such and are circulated for 5 working days. En banc decisions may not need to be circulated, as the draft will not be final until all participating Judges have approved it, but the final draft is sent to the editors for format and style suggestions.

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