38 U.S.C. § 7264 — Rules of practice and procedure

Page 1141 TITLE 38—VETERANS’ BENEFITS § 7266 Subsec. (a). Pub. L. 102–83, § 4(b)(1), (2)(E), substituted ‘‘Secretary’’ for ‘‘Administrator’’. Pub. L. 102–83, § 4(a)(3), (4), substituted ‘‘Department’’ for ‘‘Veterans’ Administration’’. Subsec. (b). Pub. L. 102–40, § 402(d)(1), substituted ‘‘7264’’ for ‘‘4064’’. Subsec. (d). Pub. L. 102–40, § 402(d)(1), substituted ‘‘5904(c)(2)’’ for ‘‘3404(c)(2)’’. Statutory Notes and Related Subsidiaries EFFECTIVE DATE OF 1998 AMENDMENT Amendment by Pub. L. 105–368 effective on first day of first month beginning more than 90 days after Nov. 11, 1998, see section 513 of Pub. L. 105–368, set out as a note under section 7251 of this title. § 7264. Rules of practice and procedure (a) The proceedings of the Court of Appeals for Veterans Claims shall be conducted in accord- ance with such rules of practice and procedure as the Court prescribes. (b) The mailing of a pleading, decision, order, notice, or process in respect of proceedings be- fore the Court shall be held sufficient service of such pleading, decision, order, notice, or process if it is properly addressed to the address fur- nished by the appellant on the notice of appeal filed under section 7266 of this title. (c) Section 455 of title 28 shall apply to judges and proceedings of the Court. (Added Pub. L. 100–687, div. A, title III, § 301(a), Nov. 18, 1988, 102 Stat. 4116, § 4064; renumbered § 7264 and amended Pub. L. 102–40, title IV, § 402(b)(1), (d)(1), May 7, 1991, 105 Stat. 238, 239; Pub. L. 102–82, § 4, Aug. 6, 1991, 105 Stat. 376; Pub. L. 105–368, title V, § 512(a)(1), Nov. 11, 1998, 112 Stat. 3341.) Editorial Notes AMENDMENTS 1998—Subsec. (a). Pub. L. 105–368 substituted ‘‘Court of Appeals for Veterans Claims’’ for ‘‘Court of Veterans Appeals’’. 1991—Pub. L. 102–40, § 402(b)(1), renumbered section 4064 of this title as this section. Subsec. (b). Pub. L. 102–40, § 402(d)(1), substituted ‘‘7266’’ for ‘‘4066’’. Subsec. (c). Pub. L. 102–82 added subsec. (c). Statutory Notes and Related Subsidiaries EFFECTIVE DATE OF 1998 AMENDMENT Amendment by Pub. L. 105–368 effective on first day of first month beginning more than 90 days after Nov. 11, 1998, see section 513 of Pub. L. 105–368, set out as a note under section 7251 of this title. INTERIM RULES OF COURT OF VETERANS APPEALS Pub. L. 101–94, title II, § 203, Aug. 16, 1989, 103 Stat. 627, provided that the Federal Rules of Appellate Proce- dure (28 U.S.C. App.) would be interim rules of United States Court of Veterans Appeals unless otherwise pro- vided by the Court in accordance with this chapter, and if there was a conflict between a provision of Federal Rules of Appellate Procedure and procedures set forth in this chapter, procedures set forth in this chapter would apply. § 7265. Contempt authority; assistance to the Court (a) The Court shall have power to punish by fine or imprisonment such contempt of its au- thority as— (1) misbehavior of any person in its presence or so near thereto as to obstruct the adminis- tration of justice; (2) misbehavior of any of its officers in their official transactions; or (3) disobedience or resistance to its lawful writ, process, order, rule, decree, or command. (b) The Court shall have such assistance in the carrying out of its lawful writ, process, order, rule, decree, or command as is available to a court of the United States. The United States marshal for a district in which the Court is sit- ting shall, if requested by the chief judge of the Court, attend any session of the Court in that district. (Added Pub. L. 100–687, div. A, title III, § 301(a), Nov. 18, 1988, 102 Stat. 4116, § 4065; renumbered § 7265, Pub. L. 102–40, title IV, § 402(b)(1), May 7, 1991, 105 Stat. 238.) Editorial Notes AMENDMENTS 1991—Pub. L. 102–40 renumbered section 4065 of this title as this section. § 7266. Notice of appeal (a) In order to obtain review by the Court of Appeals for Veterans Claims of a final decision of the Board of Veterans’ Appeals, a person ad- versely affected by such decision shall file a no- tice of appeal with the Court within 120 days after the date on which notice of the decision is issued pursuant to section 7104(e) of this title. (b) An appellant shall file a notice of appeal under this section by delivering or mailing the notice to the Court. (c) A notice of appeal shall be deemed to be re- ceived by the Court as follows: (1) On the date of receipt by the Court, if the notice is delivered. (2) On the date of the United States Postal Service postmark stamped on the cover in which the notice is posted, if the notice is properly addressed to the Court and is mailed. (d) For a notice of appeal mailed to the Court to be deemed to be received under subsection (c)(2) on a particular date, the United States Postal Service postmark on the cover in which the notice is posted must be legible. The Court shall determine the legibility of any such post- mark and the Court’s determination as to leg- ibility shall be final and not subject to review by any other Court. (Added Pub. L. 100–687, div. A, title III, § 301(a), Nov. 18, 1988, 102 Stat. 4116, § 4066; renumbered § 7266 and amended Pub. L. 102–40, title IV, § 402(b)(1), (d)(1), May 7, 1991, 105 Stat. 238, 239; Pub. L. 102–83, § 4(b)(1), (2)(E), Aug. 6, 1991, 105 Stat. 404, 405; Pub. L. 103–446, title V, § 511(a), Nov. 2, 1994, 108 Stat. 4670; Pub. L. 105–368, title V, § 512(a)(1), Nov. 11, 1998, 112 Stat. 3341; Pub. L. 107–103, title V, § 507, Dec. 27, 2001, 115 Stat. 997; Pub. L. 117–168, title VIII, § 807(a)(8), Aug. 10, 2022, 136 Stat. 1806.) Editorial Notes AMENDMENTS 2022—Subsec. (a). Pub. L. 117–168 substituted ‘‘issued’’ for ‘‘mailed’’.