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TITLE 38 App. > RULES > Rule 47

Rule 47. Expedited Proceedings

(a) Motion and Order. On a party’s motion for good cause shown, on written agreement of the parties, or on its own initiative, the Court may order that any matter before the Court be expedited with respect to some or all procedural steps. The following may constitute good cause:
(1) a serious health condition that makes the death of the appellant or petitioner imminent, as shown by a physician’s statement (including identification of the physician’s licensing authority and current license number);
(2) the advanced age (over 75 years) of the appellant or petitioner and a state of failing health due to a nontemporary condition, as shown by a physician’s statement (including identification of the physician’s licensing authority and current license number), such that expeditious proceedings are necessary to avoid an injustice to the appellant or petitioner; or
(3) any other exceptional circumstances that make expeditious proceedings necessary to avoid an injustice to the appellant or petitioner, as shown by credible evidence. Consideration of good cause under clauses (2) and (3) of this subsection may take into account the overall caseload of a judge or judges.
(b) Filing and Service of Papers. Expedited proceedings will be scheduled as directed by the Court. Unless otherwise ordered, the appellant’s principal brief must be served and filed not later than 25 days after the date of the Clerk’s notice that the record on appeal has been filed; the Secretary’s brief must be served and filed not later than 15 days after service of the appellant’s brief; and any reply brief must be served and filed not later than 10 days after service of the Secretary’s brief.
(c) Form and Length of Briefs. Briefs filed under this rule must comply with Rules 28 and 32, except that principal briefs must be limited to 15 pages, reply briefs must be limited to 7 pages, and a table of authorities is not required.
(d) Supplementation of the Transmitted Record. If expedited proceedings are ordered, any motion for supplementation of the record on appeal must be served and filed before the date on which the appellant’s brief is due. See also Rule 11 (b). Unless the Court orders otherwise, such supplementation does not extend the time for filing any brief.

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