41 U.S.C. § 114 : US Code - Section 114: Court of Federal Claims

Search 41 U.S.C. § 114 : US Code - Section 114: Court of Federal Claims

(a) Appointment of auditors
For the purpose of expediting the adjudication of termination
claims, the United States Court of Federal Claims is authorized to
appoint not more than ten auditors.
(b) Procedure
The United States Court of Federal Claims, on motion of either of
the parties, or on its own motion, may summon any and all persons
with legal capacity to be sued to appear as a party or parties in
any suit or proceeding of any nature whatsoever pending in said
court to assert and defend their interests, if any, in such suits
or proceedings, within such period of time prior to judgment as the
United States Court of Federal Claims shall prescribe. If the name
and address of any such person is known or can be ascertained by
reasonable diligence, and if he resides within the jurisdiction of
the United States, he shall be summoned to appear by personal
service; but if any such person resides outside of the jurisdiction
of the United States, or is unknown, or if for any other good and
sufficient reason appearing to the court personal service cannot be
had, he may be summoned by publication, under such rules as the
court may adopt, together with a copy of the summons mailed by
registered mail to such person's last known address. The United
States Court of Federal Claims may, upon motion of the Attorney
General, in any suit or proceeding where there may be any number of
persons having possible interests therein, notify such persons to
appear to assert and defend such interests. Upon failure so to
appear, any and all claims or interests in claims of any such
person against the United States, in respect of the subject matter
of such suit or proceeding, shall forever be barred and the court
shall have jurisdiction to enter judgment pro confesso upon any
claim or contingent claim asserted on behalf of the United States
against any person who, having been duly served with summons, fails
to respond thereto, to the same extent and with like effect as if
such person had appeared and had admitted the truth of all
allegations made on behalf of the United States. Upon appearance by
any person pursuant to any such summons or notice, the case as to
such person shall, for all purposes, be treated as if an
independent proceeding has been instituted by such person pursuant
to sections 1491, 1496, 1501, 1503, and 2501 of title 28, and as if
such independent proceeding had then been consolidated, for
purposes of trial and determination, with the case in respect of
which the summons or notice was issued, except that the United
States shall not be heard upon any counterclaims, claims for
damages or other demands whatsoever against such person, other than
claims and contingent claims for the recovery of money hereafter
paid by the United States in respect of the transaction or matter
which constitutes the subject matter of such case, unless and until
such person shall assert therein a claim, or an interest in a
claim, against the United States, and the United States Court of
Federal Claims shall have jurisdiction to adjudicate, as between
any and all adverse claimants, their respective several interests
in any matter in suit and to award several judgments in accordance
therewith.
(c) Jurisdiction
The jurisdiction of the United States Court of Federal Claims
shall not be affected by this chapter except to the extent
necessary to give effect to this chapter, and no person shall
recover judgment on any claim, or on any interest in any claim, in
said court which such person would not have had a right to assert
in said court if this section had not been enacted.