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TITLE 38 App. > RULES > Rule 37

Rule 37. Contingency Planning

(a) General. In the event that the Court’s regular files become inaccessible due to an unforseen [1] contingency, the following responsibilities are imposed on parties before the Court in order to be able to provide the Court with replacement copies of essential papers filed in cases before the Court.
(1) Represented Parties. When the appellant or petitioner is represented, the representative must retain copies of the record on appeal and all papers filed with the Court by the parties or any intervenor or amicus curiae and of all actions issued by the Court.
(2) Self-represented Parties. When the appellant or petitioner is self-represented, the Secretary must retain copies of the record on appeal and all papers filed with the Court by the parties or any intervenor or amicus curiae and of all actions issued by the Court. However, if retention of a copy of the record on appeal is not feasible, the Secretary must maintain the capability to reconstruct the record on appeal from the claims file and to certify the accuracy of the reconstructed record on appeal.
(b) Application of Rule; Duration of Retention. This Rule is applicable to all cases in which all proceedings have not been concluded as of the date of the adoption of this Rule, and to all cases docketed thereafter. Documents described in subsection (a) will be retained for not less than one year after all proceedings, including those concerning attorney fees and expenses (see Rule 39), are concluded.


[1] So in original. Probably should be “unforeseen”.

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