Oral Arguments Guide for Counsel - page 13

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GUIDE FOR COUNSEL, PARTS VII
Opinions are issued by the Court on any business day the Court is open. Copies of opinions
are electronically transmitted to arguing counsel and counsel of record on the day of issuance.
Soon
after they are issued, opinions are available on the Court's Website,
, and on
LEXIS and Westlaw.
Entry of judgment, pursuant to Rule 36 of the Court's Rules of Practice and Procedure,
"[u]nless the Court orders otherwise," will be entered by the Clerk after the later of "the date on
which the time allowed in Rule 35(d) (Time for Motion) has expired, or the date on which the Court
renders a decision on any motion(s) filed pursuant to Rule 35 (Motions for Reconsideration, Panel
Decision, or Full Court Review) when no further motion under Rule 35 is permitted to be filed."
As for issuance of mandate, Rule 41 of the Court's Rules of Practice and Procedure provides:
Mandate is when the Court's judgment becomes final and is effective as
a matter of law pursuant to 38 U.S.C. § 7291(a). Mandate generally is
60 days after judgment entered unless–a timely notice of appeal to the
U.S. Court of Appeals for the Federal Circuit is filed with the Clerk.
Mandate was issued as part of an order on consent (I) dismissing,
terminating, or remanding a case, or (ii) granting or dismissing an
uncontested application for attorney fees and expenses or the Court
directs otherwise.
If the appellant prevails, an application for attorney fees and expenses may be submitted after
mandate is issued.
V. TRANSCRIPTS
Audio recordings of oral arguments will be posted on the Court's Website,
within one business day of the argument. To obtain a copy of the argument
on CD, contact the Clerk's Office, at 202-501-5980.
VI. RECORDS
The Court's Rules of Practice and Procedure address the record before the agency. The Rules
also permit the parties to inspect the materials that were before the Board and to file motions to
supplement the record.
Rule 10, "Record Before the Agency," not later than 60 days following the notice of
docketing, the Secretary shall: copy all materials that were contained in the claims file on the date
the Board issued the decision from which the appeal was taken; copy any other material from the
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