I-4-1-10.Receipt of Notice of Suit

Last Update: 9/13/05 (Transmittal I-4-15)

U.S. Attorneys usually notify the Office of Hearings and Appeals (OHA) and OGC that a new court case has been filed via facsimile (FAX) machine transmission addressed directly to the Court Case Preparation and Review Branch (CCPRB). The U.S. Attorney's staff also sends a copy to the OGC office assigned to the jurisdiction in which the complaint is filed. Each CCPRB has jurisdiction for specific judicial circuits and district courts.

In addition to the FAX notification, OHA also receives a copy of the summons and complaint. The Federal Rules of Civil Procedure require that the plaintiff serve the Commissioner with a copy of the summons and complaint. The Commissioner's copy goes to OGC Office of Program Law (OPLaw) for photocopying and forwarding to both the OGC office assigned to the jurisdiction in which the complaint is filed and the proper CCPRB.

When the CCPRB receives notice of a new court case, the staff must make the appropriate entry in both the Litigation Overview and Tracking System (LOTS) and Office of Hearings and Appeals Case Control System (OHA CCS). The staff then secures the claim file and a transcript of the hearing recording, as described below.