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TITLE 38 App. > RULES > Rule 25

Rule 25. Filing and Service

(a) Filing. A paper required or permitted to be filed in the Court must be filed with the Clerk. See Rule 3 (g).
(1) Mail. Filing may be accomplished by mail addressed to the Clerk.
(2) Fax. Any paper except a brief filed under Rule 28 or 29 may be filed by fax sent to the Clerk if the paper—
(A) is preceded by a cover sheet showing the sender’s name, address, and telephone and fax numbers; the Court case number and caption; and the number of pages being sent; and
(B) has numbered pages and is not more than ten 81/2“x11” [1] pages long (the page limit does not include the cover sheet or the certificate of service but does include any supporting documents, and the paper may not be split into multiple transmissions to avoid this page limit).
The sender bears the risk of fax transmission. Court personnel will not provide a confirmed copy. If a transmission is illegible in whole or in part or is incomplete, the Court may, but need not, direct the sender to provide a legible or complete copy by mail.
(3) Confirmation. Confirmation of the filing (but not of the adequacy of the content) of any paper by any means may be obtained by accessing the case docket on the Court’s web site (see Rule 3 (g)).
(b) Timeliness.
(1) Fax filing. A paper may be sent by fax at any time. A paper—except a Notice of Appeal or an application for attorney fees and expenses—received by the Clerk by fax on any nonbusiness day, or on any business day before 7:00 a.m. Eastern Time on that day, is considered received by the Court on the preceding business day. A Notice of Appeal or an application for attorney fees and expenses filed by fax is considered received by the Court on the day on which it is received.
(2) Briefs. A brief is timely filed if on or before the last day for filing it is—
(A) mailed to the Clerk via the United States Postal Service by first-class mail or other class of mail that is at least as expeditious, postage prepaid; or
(B) deposited with a private commercial carrier for delivery to the Clerk not later than the third calendar day after the date of deposit.
(3) Other papers. Except as provided in paragraph (1), all papers must be received by the Clerk or deposited in the night box within the time specified for filing. See Rule 45.
(4) Appellant confined in an institution. A paper filed by a self-represented appellant who is an inmate confined in an institution is timely filed if the paper is deposited in the institution’s internal mail system within the time specified for filing and is accompanied by evidence showing the date of deposit and stating that first-class postage has been prepaid.
(c) Service of Papers Required. A copy of any paper—except a Notice of Appeal and a declaration of financial hardship—filed by any party or amicus must, at or before the time of filing, be served by a party or amicus on all other parties to the appeal and on any amici. Service on a represented party or amicus must be made on the representative.
(d) Manner of Service. Service may be personal; [2] by mail, or by private commercial carrier for delivery not later than 3 calendar days after delivery to the carrier. In addition, service (but not filing, except as provided in subsection (a)(2)) of any paper may be made by fax in a particular case if the proposed recipient has agreed in writing to such service. Personal service includes delivery of the copy to a responsible person at the office of the representative or the office or home of a party without a representative. The Secretary’s representative is the General Counsel of the Department of Veterans Affairs, whose address is General Counsel (027), Department of Veterans Affairs, 810 Vermont Avenue, N.W., Washington, D.C. 20420–0002.
(e) Proof of Service.
(1) A paper presented for filing must contain either of the following as proof of service:
(A) An acknowledgment by the person served of his or her personal service, or
(B) a statement certified by the person(s) who made service, showing the date and manner of service and the names and addresses of the persons served. Proof of service may appear on or be attached to the paper filed.
(2) When a brief is filed by mail or commercial-carrier delivery in accordance with subsection (b)(2), the proof of service must also state the date and manner by which the brief was sent to the Clerk.


[1] So in original. Probably should be “81/2 11 ”.

[2] So in original. Probably should be a comma.

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