FEDERAL · 28 U.S.C. · Chapter 165
New trial; stay of judgment
Current through Pub. L. 119-102
Title 28 — Judiciary and Judicial Procedure·Ch. 165 — UNITED STATES COURT OF FEDERAL CLAIMS PROCEDURE
(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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28 U.S.C. § 2515 (New trial; stay of judgment) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.
Related
United States v. Barbara J. Curzi
867 F.2d 36 (First Circuit, 1989)
United States v. Brunner
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91 Fed. Cl. 629 (Federal Claims, 2010)
State v. Gilmore
549 N.W.2d 401 (Wisconsin Supreme Court, 1996)
Badowski v. United States
164 F. Supp. 252 (Court of Claims, 1958)
Roberson v. United States
124 F. Supp. 857 (Court of Claims, 1954)
deRochemont v. United States
23 Cl. Ct. 87 (Court of Claims, 1991)
Hughes Aircraft Co. v. United States
15 Cl. Ct. 267 (Court of Claims, 1988)
In re United States Attorney for Orders Pursuant to Title III of the Omnibus Crime Control & Safe Streets Act of 1968
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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.
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.