UNITED STATES COURT OF APPEALS

FOR THE FEDERAL CIRCUIT

RULES OF PRACTICE

PROPOSED AMENDMENTS 

JANUARY 2023 

PUBLIC REDLINED COPY 
PROPOSED AMENDMENTS FEDERAL CIRCUIT RULES OF PRACTICE JANUARY 2023 

EDITOR’S NOTES

This document contains proposed substantive and nonsubstantive amendments to the Federal Circuit Rules of Practice. 

All rules or relevant subsections with proposed amendments for 

which the court is currently seeking public comment are included 

in these materials. Rules without any amendments are omitted 

(omitted language within a subsection is denoted by * * *). 

All hyperlinks are for illustrative purposes only and will not work.
PROPOSED AMENDMENTS FEDERAL CIRCUIT RULES OF PRACTICE JANUARY 2023 

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TABLE OF CONTENTS

Summary of Proposed Amendments .................................................................. 1

FEDERAL CIRCUIT RULE 26 ....................................................................................... 2

Computing and Extending Time

FEDERAL CIRCUIT RULE 30 ....................................................................................... 3

Appendix to the Briefs

FEDERAL CIRCUIT RULE 31 ....................................................................................... 4

Serving and Filing Briefs

FEDERAL CIRCUIT RULE 33 ....................................................................................... 5

Appeal Conferences

FEDERAL CIRCUIT RULE 34 ....................................................................................... 6

Oral Argument

PRACTICE NOTES TO RULE 34 ................................................................................... 6

FEDERAL CIRCUIT RULE 39 ....................................................................................... 7

Costs

PRACTICE NOTES TO RULE 42 ................................................................................... 7

PRACTICE NOTES TO RULE 47.5 ................................................................................ 7

Federal Circuit Rule 47.6. ..................................................................................... 8

Docketing Statement

PRACTICE NOTES TO RULE 47.6 ................................................................................ 8
PROPOSED AMENDMENTS FEDERAL CIRCUIT RULES OF PRACTICE JANUARY 2023 

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SUMMARY OF PROPOSED AMENDMENTS

The court is proposing the following amendments to the Federal Circuit Rules of 

Practices (FCR) and corresponding Practice Notes: 

1. Fed. Cir. R. 26: codifying the day after Thanksgiving as an official court holiday.

2. Fed. Cir. R. 30: requiring service of a paper copy of appendix on opposing 

principal counsel unless counsel deems it unnecessary.

3. Fed. Cir. R. 31: requiring service of a paper copy of each brief on opposing 

counsel unless counsel deems it unnecessary.

4. Fed. Cir. R. 33: eliminating settlement negotiation certification requirement; 

adding language encouraging use of mediation program and apprising court of 

ongoing settlement discussions; merging mediation provision of Fed. Cir. R. 33.1 

into 33; adding Practice Note originally proposed for Fed. Cir. R. 33.1 to 33 

instead.

5. Fed. Cir. R. 33.1: deleting the rule and merging mediation language into Fed. 

Cir. R. 33 and docketing statement language into Fed. Cir. R. 47.6.

6. Fed. Cir. R. 34: requiring arguing counsel to have copies of each brief and 

appendix close at hand at oral argument; adding Practice Note encouraging 

parties to have paper copies at oral argument.

7. Fed. Cir. R. 39: adjusting citations to rules for copies taxable in the bill of costs.

8. Fed. Cir. R. 42: adding Practice Note regarding use of new court form to satisfy 

requirements for FRAP 42(b)

9. Fed. Cir. R. 47.5: adding Practice Note regarding use of new court form to 

satisfy requirement for notice of related case information, which relates to a new 

provision proposed during the court’s September 2022 public comment period.

10. Fed. Cir. R. 47.6: creating new rule requiring filing of the docketing statement 

(moving the location of the original proposal from September 2022 to Fed. Cir. 

R. 47.6 instead of 33.1(b)); adding practice note originally proposed for Fed. Cir. 

R. 33.1 to 47.6 instead.
PROPOSED AMENDMENTS FEDERAL CIRCUIT RULES OF PRACTICE JANUARY 2023 

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FEDERAL CIRCUIT RULE 26 

Computing and Extending Time 

(a) Computation of Time; Inaccessibility of the Clerk’s Office. 

(1) Legal Holiday.

In addition to the definition under Federal Rule of Appellate 

Procedure 26(a)(6), “Llegal holiday” also means aincludes the 

day after Thanksgiving Day and any day on which the clerk’s 

office is closed by order of the court or the chief judge. Such an 

order will be postedThe clerk of court will publicly post any 

order issued in accordance with this provision. 

* * * 
PROPOSED AMENDMENTS FEDERAL CIRCUIT RULES OF PRACTICE JANUARY 2023 

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FEDERAL CIRCUIT RULE 30 

Appendix to the Briefs 

(a) Contents of Appendix; Time for Filing; Number of Copies; 

Multiple Volumes; Failure to File. 

* * * 

(3) Number of Copies. 

Six (6) paper copies of theany appendix must be filed with the 

court in accordance with Federal Circuit Rule 25(c)(3). In 

appeals where all parties are represented by counsel, an 

additional paper copy of any appendix must be provided by the 

filer to principal counsel for the other parties within the same 

timeframe prescribed by Federal Circuit Rule 25(c)(3) unless 

principal counsel states that a paper copy need not be 

provided. No copies are required to be sent to counsel for 

amici curiae.

* * * 
PROPOSED AMENDMENTS FEDERAL CIRCUIT RULES OF PRACTICE JANUARY 2023 

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FEDERAL CIRCUIT RULE 31 

Serving and Filing Briefs 

(b) Number of Copies. 

Six (6) paper copies of each brief, or three (3) paper copies if filing an 

informal brief, must be provided to the court in accordance with 

Federal Circuit Rule 25(c)(3). In appeals where all parties are 

represented by counsel, an additional paper copy of each brief must be 

provided by the filer to principal counsel for the other parties within 

the same timeframe prescribed by Federal Circuit Rule 25(c)(3) unless 

principal counsel states that a paper copy need not be provided. No 

copies are required to be sent to counsel for amici curiae, but counsel 

for amici curiae must send a copy to each party as required by this 

subsection.
PROPOSED AMENDMENTS FEDERAL CIRCUIT RULES OF PRACTICE JANUARY 2023 

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FEDERAL CIRCUIT RULE 33 

Appeal Conferences 

(a) Settlement Discussion; Joint Statement of Compliance or 

Agreement to Dismiss.

Parties are encouraged to discuss settlement and to attempt 

settlement prior to the conclusion of merits briefing. To the extent 

possible and without divulging confidential information, parties 

should also apprise the court of ongoing settlement discussions.

(1) Timing.

When all parties are represented by counsel, within seven (7) 

days after the first two briefs in an appeal or the first three 

briefs in a cross-appeal are served and filed, the parties 

through counsel must discuss settlement in appeals under 28 

U.S.C. §§ 1292(c)(1)–(2); 1295(a)(1); 1295(a)(4)(A)–(B) [with 

respect to inter partes proceedings only]; 1295(a)(4)(C) [with 

respect to civil actions under 35 U.S.C. § 146 only]; and 

1295(a)(6).

(2) Compliance. 

No later than the time for filing the appendix under Federal 

Circuit Rule 30(a)(2), the parties must file either of the 

following: 

(A) a joint statement of compliance with this rule indicating 

that settlement discussions have been conducted; or 

(B) an agreement that the proceeding be dismissed under 

Federal Rule of Appellate Procedure 42(b). 

(b) Other Settlement DiscussionsMediation. 

This rule does not preclude the parties from discussing settlement or 

agreeing to dismiss the proceedings at other times, including after oral 

argument but before decisionParties are encouraged to utilize the 

court’s mediation program in order to facilitate settlement. The court 

may adopt mediation guidelines with respect to mediation of the cases 

pending before this court. Those guidelines are binding on the parties. 
PROPOSED AMENDMENTS FEDERAL CIRCUIT RULES OF PRACTICE JANUARY 2023 

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FEDERAL CIRCUIT RULE 33.1

Mediation Guidelines 

(a) Guidelines. 

The court may adopt mediation guidelines with respect to mediation 

of the cases pending before the court. These guidelines are binding on 

the parties. 

(b) Docketing Statement. 

Filing a docketing statement under the court’s mediation guidelines 

satisfies the requirement for an appellant to file a statement of the 

issues under Federal Rule of Appellate Procedure 10(b)(3)(A).

FEDERAL CIRCUIT RULE 34 

Oral Argument 

(e) Arguing Counsel. 

* * * 

(3) Copies at Oral Argument.

In a case scheduled for oral argument, all arguing counsel 

must have a copy of each brief and appendix in the case, 

including those filed by other parties, close at hand during the 

argument, in a form (paper or electronic) allowing speedy 

access to its contents.

PRACTICE NOTES TO RULE 34 

Paper Copies at Oral Argument. 

Parties are encouraged to bring paper copies of each brief and 

appendix to oral argument. 
PROPOSED AMENDMENTS FEDERAL CIRCUIT RULES OF PRACTICE JANUARY 2023 

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FEDERAL CIRCUIT RULE 39 

Costs 

(c) Rates. 

The clerk of court is authorized to set a maximum rate at which costs 

may be taxed. In setting the maximum rate, the clerk of court will 

evaluate the most economical means of printing, reproduction, and 

binding available in the Washington, D.C. metropolitan area. The 

maximum rates set will be posted on the court’s website and included 

as an attachment to the court’s published Federal Rules of Practice 

and Bill of Costs form. Costs are taxed at the maximum rate or at the 

actual cost, whichever is lower. Costs may not be taxed for more paper 

copies than those required by Federal Circuit Rules 25(c)(3), 30(a)(3), 

and 31(b).

PRACTICE NOTES TO RULE 42 

Settlement Stipulation Form. 

Using Federal Circuit Form 18 satisfies the requirements to stipulate 

to dismissal of an appeal under Federal Rule of Appellate Procedure 

42(b)(1). 

PRACTICE NOTES TO RULE 47.5 

Notice of Related Case Information Form. 

Using Federal Circuit Form 9A satisfies the notice of related case 

information requirements under Federal Circuit Rule 47.5(b). 
PROPOSED AMENDMENTS FEDERAL CIRCUIT RULES OF PRACTICE JANUARY 2023 

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FEDERAL CIRCUIT RULE 47.6. 

[Reserved]

Docketing Statement 

Except in cases involving unrepresented parties, each party must file 

a docketing statement on the form prescribed by the clerk of court 

within fourteen (14) days after the case is docketed, or thirty (30) days 

after the case is docketed if the United States or its officer or agency 

is a party. Filing this docketing statement satisfies the requirement 

for an appellant to file a statement of the issues under Federal Rule of 

Appellate Procedure 10(b)(3)(A).

PRACTICE NOTES TO RULE 47.6 

Docketing Statement Form.

Using Federal Circuit Form 26 satisfies the docketing statement 

requirements under Federal Circuit Rule 47.6.