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Changing Court Rules Signal Changing Court

Jul.25.2006

The Court of Federal Claims adopted several rule changes on June 20, 2006 (www.cofc.uscourts.gov/rules.htm), the most significant of which was replacement of the confusing and inconsistently-applied Rule 56.1 with a new, enigmatic Rule 52.1 governing review of administrative records, which promises to affect most directly bid protest procedures. Championed by the court's newer judges and opposed by the Department of Justice, the new rule reflects deeper changes, as the roster of CFC judges has almost completely turned over in recent years.

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