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TITLE 28 App. > RULES > VI. > Rule 40.2
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Rule 40.2. Related Cases

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(a) Directly Related Cases.
(1) At the time a complaint is filed, the filing attorney (or pro se plaintiff) shall file and serve on all parties who have appeared a Notice of Directly Related Case(s). Cases are deemed directly related when an earlier-filed case and the action being filed:
(A) involve the same parties and are based on the same or similar claims; or
(B) involve the same contract, property or patent.
(2) Where a Notice of Directly Related Case(s) is filed along with a new complaint, the clerk shall assign the case to the judge to whom the earliest-filed directly related case is assigned. If the judge to whom the related case is assigned determines that the case in question is not in fact directly related, the judge will return the case to the clerk for random assignment.
(3) Where the existence of directly related cases becomes apparent only after initial assignment, the Notice of Directly Related Case(s) shall be filed in all related cases, captioned in the name of the earliest-filed case. Solely for the purpose of filing this notice, counsel in the later-filed case may appear in the earlier-filed case. The notice may be accompanied by a motion to transfer and a suggestion for consolidation under RCFC 42.1. The assigned judge in the earliest-filed case, after consultation with the judge in the later-filed case, will grant or deny the motion to transfer.
(4) Content of the Notice of Directly Related Case(s). The notice shall contain the title and case number of the related case, a brief statement of the relationship of the actions according to the criteria set forth in subdivision (a), and a statement addressing whether assignment to a single judge or other action, including consolidation, is or is not likely to conserve judicial resources and promote an efficient determination of the actions.
(b) Indirectly Related Cases.
(1) Whenever it appears to a party that there are two or more cases before the court that present common issues of fact and that transfer, consolidation, or the adoption of a coordinated discovery schedule would significantly promote the efficient administration of justice, the party may file a Notice of Indirectly Related Case(s). The notice shall be captioned in the name of the earliest-filed case. Solely for purposes of filing the notice, counsel may appear in an earlier-filed case.
(2) The notice shall list the name and docket number of all indirectly related cases and shall detail the reasons supporting the proposed action. Counsel shall serve all parties in the related cases. The clerk shall file the notice in those cases and furnish a courtesy copy of the notice to the chief judge. Solely for the purpose of responding to the notice, counsel in the related cases may appear in the earliest-filed case to file a response to the notice. The response shall be filed within 21 days after service and captioned in the name of the earliest-filed case. Responses shall be served on counsel in all cases. The clerk shall file copies of the responses in each of the cases and shall furnish courtesy copies to the chief judge.
(3) The assigned judge of the earliest-filed case shall call a meeting of all of the assigned judges to determine what, if any, action is appropriate. The parties to each action shall be notified of any resulting decision.
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