[Code of Federal Regulations]
[Title 38, Volume 2]
[Revised as of July 1, 2003]
From the U.S. Government Printing Office via GPO Access
[CITE: 38CFR20.713]

[Page 95-96]
 
            TITLE 38--PENSIONS, BONUSES, AND VETERANS' RELIEF
 
          CHAPTER I--DEPARTMENT OF VETERANS AFFAIRS (CONTINUED)
 
PART 20--BOARD OF VETERANS' APPEALS: RULES OF PRACTICE--Table of Contents
 
                      Subpart H--Hearings on Appeal
 
Sec. 20.713  Rule 713. Hearings in simultaneously contested claims.

    (a) General. If a hearing is scheduled for any party to a 
simultaneously contested claim, the other contesting claimants and their 
representatives, if

[[Page 96]]

any, will be notified and afforded an opportunity to be present. The 
appellant will be allowed to present opening testimony and argument. 
Thereafter, any other contesting party who wishes to do so may present 
testimony and argument. The appellant will then be allowed an 
opportunity to present testimony and argument in rebuttal. Cross-
examination will not be allowed.
    (b) Requests for changes in hearing dates. Any party to a 
simultaneously contested claim may request a change in a hearing date in 
accordance with the provisions of Rule 702, paragraph (c) 
(Sec. 20.702(c) of this part), or Rule 704, paragraph (c) 
(Sec. 20.704(c) of this part), as applicable. In order to obtain a new 
hearing date under the provisions of Rule 702, paragraph (c)(1), the 
consent of all other interested parties must be obtained and submitted 
with the request for a new hearing date. If such consent is not 
obtained, paragraph (c)(2) of that rule will apply even though the 
request is submitted within 60 days from the date of the letter of 
notification of the time and place of the hearing. A copy of any motion 
for a new hearing date required by these rules must be mailed to all 
other interested parties by certified mail, return receipt requested. 
The receipts, which must bear the signatures of the other interested 
parties, and a letter explaining that they relate to the motion for a 
new hearing date and containing the applicable Department of Veterans 
Affairs file number must be filed at the same address where the motion 
was filed as proof of service of the motion. Each interested party will 
be allowed a period of 10 days from the date that the copy of the motion 
was received by that party to file written argument in response to the 
motion.

(Authority: 38 U.S.C. 7105A)