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Internal Operating Procedures
Single-Judge Action

United States Court of Appeals for Veterans Claims

Internal Operating Procedures

II.  Single-Judge Action

(a) Policy. Memorandum decisions are used for any decision by a single Judge disposing of an appeal, unless the action is taken pursuant to a motion, in which case an order is issued.

(b) Procedure.

  • (1) Circulation. A screening Judge who determines that a matter is appropriate for single-judge disposition assumes responsibility for the matter and drafts a memorandum decision or an order as appropriate. The screening Judge circulates the decision (except one dismissing a case for failure to pay the filing fee or to file a brief) to all Judges for review and comment for the period prescribed in Section X(b), below. Within that circulation period, any editorial comments are sent to the author Judge, any substantive comments or requests for panel consideration are sent to all Judges, and any request for en banc review is sent to CLS with copies to all Judges pursuant to Section VII, below.

  • (2) Call for Panel or En Banc Review. If, during the circulation period or any extension thereof, two Judges in regular active service request panel consideration based on the criteria in Frankel, see Section I(b)(2) above, the screening Judge requests that the Clerk create a panel composed of the screening Judge and two additional regular active service Judges selected at random, and the matter proceeds in accordance with Section V, below. If the screening Judge is a Senior Judge and is unavailable to serve on the panel, a Judge in regular active service generally will be substituted. See Policy for the Recall of Senior Judges. If any Judge in active regular service requests en banc consideration, CLS follows the procedure in Section VII(b)(2), below.

  • (3) Editor Review. During the circulation period the Court's editors review the draft decision and provide to the author Judge any format and style suggestions.

    (4) Final Review and Issuance. If there is no call for panel or en banc consideration, as soon as possible after the comment period has expired and comments and edits have been considered, the screening Judge forwards the final memorandum decision or order to the Clerk for issuance.