IOP-Applications for Attorney Fees and Expenses
United States Court of Appeals for Veterans Claims
INTERNAL OPERATING PROCEDURES
IX. APPLICATIONS FOR ATTORNEY FEES AND EXPENSES
(a) Procedure. After the filing of an application pursuant to 28 U.S.C. § 2412 for award of attorney fees and expenses, the Secretary's response, and any reply, the Public Office sends the case file to CLS. CLS provides an initial evaluation and a memorandum recommending a particular disposition of the application. CLS sends copies of the memorandum, application, response, reply, and any other pertinent documents through the Calendar Clerk to a judge or panel, as appropriate, for action. All actions relating to an application will carry the designation "(E)" after the docket number.
(b) Judge or Panel Assignment. If no judge had acted on the underlying appeal, the Calendar Clerk assigns a judge on the rotational basis provided for in I(b)(2). If a single judge or a panel had issued a decision disposing of the underlying appeal or petition, the application is assigned to that judge or panel; a denial of a motion for a panel decision (or for a full Court decision) is not considered a disposition of the underlying appeal or petition. The application is assigned to the full Court only if the full Court issued a decision disposing of the underlying appeal or petition. If the single judge requests a panel, the Clerk draws the remainder of the panel at random with due regard for workload and availability.
(c) Bifurcated Applications. In the interest of judicial efficiency, if some but not all issues in a case have been disposed of and a judgment has been entered, a timely application pursuant to 28 U.S.C. § 2412 for attorney fees and expenses regarding those issues normally will be held in abeyance until all issues on appeal have been resolved and an application for attorney fees and expenses for the remainder of the appeal is timely received, or the time for such an application has elapsed. This does not prevent the parties from settling the initial application without judicial intervention.
(d) Finality. Once final action has been taken on an application, judgment and mandate in connection with the application will be entered in accordance with the Court's Rules of Practice and Procedure. This will be done in addition to the judgment and mandate associated with disposition of the merits of the case.
