Internal Operating Procedures
United States Court of Appeals for Veterans Claims
Internal Operating Procedures
IX. Motions, Consolidation
- (1) Action by the Clerk. The Clerk disposes of uncontested or routine procedural motions in accordance with the Court's Rules of Practice and Procedure and as otherwise determined by the Court.
- (2) Action by the Court.
- (A) Motions filed in a case generally are sent to CLS for assignment or other disposition. Motions generally are assigned to the Judge next in rotation, except that
- (i) if the case is pending before a panel or a screening Judge, the motion generally is sent directly to that panel or screening Judge for disposition, and
- (ii) if a Judge has acted on a previous motion in the case, and the case is not yet before a panel or a screening Judge, the motion generally is sent to the Judge who acted on the previous motion in the case.
- (B) If a Judge grants a motion to expedite, or denies a motion to file a late brief, that case generally is assigned to that Judge for screening.
- (1) Consolidation by a Single Judge. A single Judge acting as a motions or screening Judge may consolidate cases involving the same appellant, or cases where different appellants are contesting the same decision of the Board of Veterans' Appeals, provided none of the proposed cases to be consolidated is assigned to another Judge. A Judge who grants a consolidation motion will not necessarily be assigned the consolidated case: Screening assignment will be made by the Clerk in the normal process.
- (2) Consolidation approved by the en banc Court. Any case may be consolidated with any other case(s) with the concurrence of a majority of the en banc Court. Notice of the proposed consolidation shall be provided to the en banc Court and is deemed approved after 5 days, absent objection by at least one-half of the Judges. For cases consolidated at panel, the consolidated matter generally shall proceed before the panel that was first constituted, unless the Chief Judge, in consultation with the en banc Court, determines otherwise based on judicial economy, availability of Judges, or any other appropriate basis. If none of the cases proposed for consolidation were at panel, the consolidated matter generally shall proceed before the screening Judge, if any, assigned the matter having the oldest docket number. If none of the cases proposed for consolidation were assigned to a screening Judge, the Clerk generally shall assign a screening Judge, and panel members if appropriate, in the normal process.
- (3) Issuance of Consolidation Order. When consolidation is proposed by the Court sua sponte, the Clerk generally shall issue a "Notice and Order of Consolidation," advising the parties that absent objection within a defined period of time (generally 7 days), consolidation will become effective on a date certain.
(b) Consolidation. In the interest of judicial economy, matters pending before the Court may be consolidated by order of the Court sua sponte or on motion of a party.