FEDERAL · 28 U.S.C. · Chapter 165

New trial; stay of judgment

28 U.S.C. § 2515
Title28Judiciary and Judicial Procedure
Chapter165 — UNITED STATES COURT OF FEDERAL CLAIMS PROCEDURE

This text of 28 U.S.C. § 2515 (New trial; stay of judgment) is published on Counsel Stack Legal Research, covering United States primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
28 U.S.C. § 2515.

Text

(a)The United States Court of Federal Claims may grant a plaintiff a new trial on any ground established by rules of common law or equity applicable as between private parties.
(b)Such court, at any time while any suit is pending before it, or after proceedings for review have been instituted, or within two years after the final disposition of the suit, may grant the United States a new trial and stay the payment of any judgment upon satisfactory evidence, cumulative or otherwise, that any fraud, wrong, or injustice has been done the United States.

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Related

United States v. Barbara J. Curzi
867 F.2d 36 (First Circuit, 1989)
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State v. Gilmore
549 N.W.2d 401 (Wisconsin Supreme Court, 1996)
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Badowski v. United States
164 F. Supp. 252 (Court of Claims, 1958)
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Roberson v. United States
124 F. Supp. 857 (Court of Claims, 1954)
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deRochemont v. United States
23 Cl. Ct. 87 (Court of Claims, 1991)
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Hughes Aircraft Co. v. United States
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(D. Guam, 2025)
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In Re US Attorney
784 F. Supp. 1019 (E.D. New York, 1992)

Source Credit

History

(June 25, 1948, ch. 646, 62 Stat. 978; Pub. L. 97–164, title I, §139(j)(2), Apr. 2, 1982, 96 Stat. 43; Pub. L. 102–572, title IX, §902(a)(1), Oct. 29, 1992, 106 Stat. 4516.)

Editorial Notes

Historical and Revision Notes
Based on title 28, U.S.C., 1940 ed., §§281 and 282 (Mar. 3, 1911, ch. 231, §§174, 175, 36 Stat. 1141).
Words "but until an order is made staying the payment of a judgment, the same shall be payable and paid as on March 3, 1911, was provided by law," in section 282 of title 28, U.S.C., 1940 ed., were omitted as surplusage.
Changes were made in phraseology.

Editorial Notes

Amendments
1992—Subsec. (a). Pub. L. 102–572 substituted "United States Court of Federal Claims" for "United States Claims Court".
1982—Subsec. (a). Pub. L. 97–164 substituted "United States Claims Court" for "Court of Claims".

Statutory Notes and Related Subsidiaries

Effective Date of 1992 Amendment
Amendment by Pub. L. 102–572 effective Oct. 29, 1992, see section 911 of Pub. L. 102–572, set out as a note under section 171 of this title.

Effective Date of 1982 Amendment
Amendment by Pub. L. 97–164 effective Oct. 1, 1982, see section 402 of Pub. L. 97–164, set out as a note under section 171 of this title.

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Bluebook (online)
28 U.S.C. § 2515, Counsel Stack Legal Research, https://law.counselstack.com/usc/28/2515.