U.S. Court of Appeals for the Federal Circuit

Clerk’s Office

February 2024

Version 2.5
U.S. COURT OF APPEALS FOR THE FEDERAL CIRCUIT Guide for Oral Argument

CLERK’S OFFICE

February 2024 - Version 2.5 Page i

Table of Contents

I. Introduction .................................................................................................................. 1

II. Screening Cases for Argument................................................................................... 2

A. Calendar Screening......................................................................................... 2

B. Notice to Advise of Scheduling Conflicts....................................................... 2

C. Response to Notice to Advise of Scheduling Conflicts ................................. 2

III. Scheduled Cases......................................................................................................... 4

A. Calendaring Cases........................................................................................... 4

B. Notice of Oral Argument ................................................................................. 4

C. Response to Notice of Oral Argument ........................................................... 4

D. Waiving Oral Argument ................................................................................... 5

E. Notice of Submission Without Oral Argument................................................ 6

F. Scheduling Conflict.......................................................................................... 6

G. Accessibility Accommodation ........................................................................ 6

H. Use of Visual Aid at Argument......................................................................... 6

I. Use of the Court’s Nursing Room..................................................................... 7

IV. Attending Argument.................................................................................................... 7

A. Check-In............................................................................................................ 7

B. Courtroom Decorum and Guidelines for Counsel During Argument........... 7

C. Electronic Devices............................................................................................ 8

D. Courtroom Seating and Setup ........................................................................ 8

E. Panel Composition ........................................................................................... 8

F. Session Schedule .............................................................................................. 8

G. Record of Argument ........................................................................................ 9

V. Courtroom Decorum Policy .......................................................................................10

VI. Guidelines for Counsel During Argument..................................................................11

VII. Accessibility Accommodations During Court Sessions.............................................12

VIII. Revision Control...........................................................................................................13
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I. Introduction

The Clerk’s Office has prepared these materials to aid parties and counsel in 

preparing for, and participating in, oral argument before the U.S. Court of 

Appeals for the Federal Circuit. This information is derived from the Federal Rules 

of Appellate Procedure, Federal Circuit Rules of Practice and related Practice 

Notes, the court’s Internal Operating Procedures, and established Federal Circuit 

practice. When in conflict, the parties should always defer to either the federal 

or local rules of court.

For questions about these procedures, please contact the Clerk’s Office Court 

Services section at 202-275-8035 from 8:30 a.m. to 4:30 p.m. (Eastern), Monday 

through Friday. Additional resources are available on our website at 

https://www.cafc.uscourts.gov/. 
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II. Screening Cases for Argument

A. Calendar Screening

Consistent with Fed. R. App. P. 34 and Fed. Cir. R. 34, it is the court’s policy 

to allow oral argument in counseled cases unless (a) the appeal is 

frivolous; (b) the dispositive issue or set of issues have recently been 

authoritatively decided; or (c) the facts and legal arguments are 

presented adequately in the briefs and record, and the decisional 

process would not be aided significantly by oral argument. See IOP #7. 

Argument is rarely allowed in cases where the appellant or petitioner is 

unrepresented and appearing pro se.

After all briefs and the joint appendix have been filed, the Clerk’s Office 

screens cases selected for oral argument to determine if they are 

calendar-ready. See IOP #3. 

B. Notice to Advise of Scheduling Conflicts

In counseled cases, the Clerk’s Office issues a Notice to Advise of 

Scheduling Conflicts after the close of merits briefing. Arguing counsel are

required to advise the Clerk’s Office within seven (7) days of any conflicts 

for the next six (6) court session months not already scheduled.

C. Response to Notice to Advise of Scheduling Conflicts

Within seven (7) days after receiving notice from the Clerk’s Office, 

arguing counsel must identify conflicts with upcoming court dates through 

filing a Response to Notice to Advise of Scheduling Conflicts. Fed. Cir. R. 

34(d)(2). A blank response form is available on the court’s website (Form 

32). Counsel should review the Calendar of Sessions on the court’s 

website and identify ONLY conflicts with scheduled court dates. Counsel

should limit the number of scheduling conflicts during court weeks to assist 

with the timely scheduling of cases for argument. Each party must 

respond to the notice of oral argument.

The Clerk’s Office reviews identified conflicts to determine whether they 

are allowable for good cause, or unallowable for lack of good cause. 

The key requirements for “good cause” are (1) certainty, meaning the 

conflict is already scheduled rather than suspected or in planning stages, 

(2) specificity, meaning the Clerk’s Office will not accept generalized 

conflicts with no elaboration, and (3) strong basis, meaning that the 

conflict is one that provides a strong reason for being unable to attend 
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oral argument and that the conflict cannot be easily resolved or 

rescheduled. Full guidance on oral argument scheduling conflicts is 

available on the court’s website (pdf). 

For additional assistance with completing the Response to Notice to 

Advise of Scheduling Conflicts form (Form 32), please contact the Clerk’s 

Office at 202-275-8035 during normal business hours. 

For electronic filing, use the event Response to Notice to Advise of 

Scheduling Conflicts and upload a completed Form 32 when prompted 

to do so. Refer to the Electronic Filing Procedures for additional guidance.

1. Limited Number of Scheduling Conflicts

Counsel may only list ten days of unavailability for the six-month 

period of court sessions identified on the Notice to Advise of 

Scheduling Conflicts. A showing of good cause must be provided 

for any conflict identified on the response form. Arguing counsel 

must attach an explanation for each identified scheduling conflict. 

Conflicts submitted without a sufficient showing of good cause will 

not be considered by the court when scheduling argument. Fed. 

Cir. R. 34(d)(3). NOTE: Counsel may indicate waiver of argument 

on Form 32, but a completed form must still be filed.

2. Notification of Processed Scheduling Conflicts

Submitted conflict dates that are accepted by the court will be 

indicated in a public docket notation. The docket notation will list 

the name of the party, counsel presenting argument, and all 

conflict dates with an indication as to whether they are accepted

or declined by the court. The non-acceptance of a submitted 

conflict date does not mean that the case will be scheduled for 

argument on a non-accepted date. If conflict dates are not 

accepted, counsel may re-file the Response to Notice to Advise of 

Scheduling Conflicts with more detail for the court’s consideration. 

Counsel should refrain from filing a motion to schedule or 

reschedule argument until the case is actually scheduled for 

argument. Likewise, counsel should avoid contacting the Clerk’s 

Office concerning conflict dates or scheduling argument absent 

an emergency.

3. Continuing Obligation to Notify

Between filing the response and receiving a Notice of Oral 

Argument, counsel have a continuing obligation to advise the 
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court of any additional scheduling conflicts as they become known 

by filing an updated Response to Notice to Advise of Scheduling 

Conflicts form (Form 32). Counsel should also file a revised response 

if previously identified conflicts are resolved prior to argument 

being scheduled.

III. Scheduled Cases

A. Calendaring Cases

Argued cases are typically calendared three (3) months after all briefs are 

filed. The Clerk’s Office releases the calendar approximately six (6) weeks 

in advance of argument (for example, argued cases set for the January 

calendar will receive Notices of Oral Argument in November). 

Multiple conflict notices filed in one case may delay the scheduling of 

argument.

B. Notice of Oral Argument

The Clerk’s Office will issue a Notice of Oral Argument once a case has 

been scheduled for oral argument. The notice is typically issued six (6) 

weeks before the scheduled court session. The Notice of Oral Argument 

provides information about the scheduled argument, including argument 

location, as well as general information about how oral argument is 

conducted in the Federal Circuit.

The Notice of Oral Argument will identify whether argument will occur inperson or be conducted via an alternative method. Should the court 

schedule telephonic argument or other remote argument, counsel will be 

provided detailed instructions on how such argument will operate, which 

may deviate from the standards provided in this Guide for Oral Argument, 

at least one (1) week before the scheduled date of argument. 

C. Response to Notice of Oral Argument

The Notice of Oral Argument will state when the Response to Notice of 

Oral Argument is due, which is typically fourteen (14) days from the 

issuance of the Notice. Arguing counsel must submit a Response to 

Notice of Oral Argument form (Form 33). Fed. Cir. R. 34(e)(1). 

Absent leave of court requested at least seven (7) days before argument,

no more than two counsel may argue on behalf of each side and no 
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more than one counsel may argue on behalf of each party. Fed. Cir. R. 

34(e)(2). A response must be filed for each party in the case, and each 

party scheduled for argument will either need to identify which counsel 

will represent it at argument or otherwise waive argument. One counsel 

may argue on behalf of multiple parties, including parties not represented 

by that counsel, so long as that counsel has filed an entry of appearance 

for a party in the case. Counsel for parties permitted to argue that elect 

not to present argument or be represented at argument by counsel for 

another party must also file the completed form indicating an intent to 

waive argument.

Total argument time (including rebuttal time) is limited to 15 minutes per 

side for panel hearings and 30 minutes per side for en banc hearings, 

unless otherwise directed by order of the court. 

If one counsel is arguing on behalf of multiple parties, counsel must 

include the names of all parties being represented at argument in the 

Parties I am representing at argument portion of the response form. If a 

party would like to waive oral argument, select the waiver box on the 

form. 

For assistance with completing the Response to Notice of Oral Argument 

form (Form 33), please contact the Court Services section at 202-275-8035. 

For electronic filing, use the event Response to Notice of Oral Argument

and upload a completed Response to Notice of Oral Argument form 

(Form 33) when prompted to do so. Refer to the Electronic Filing 

Procedures for additional guidance.

Note: A Response to Notice of Oral Argument that indicates zero total 

argument time will not be accepted. Please follow the above instructions 

if the party is waiving argument or having counsel argue on behalf of 

multiple parties. 

D. Waiving Oral Argument

If a party does not believe argument is necessary in the case, the party 

may file a Motion to Waive Oral Argument and request that the case be 

submitted on the briefs. A party may also select the waiver box on the 

Response to Notice to Advise of Scheduling Conflicts (Form 32) and the 

Response to Notice of Oral Argument form (Form 33); however, the waiver

selection does not guarantee the court will submit the case on the briefs. 

Fed. R. App. P. 34(e)–(f). 
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E. Notice of Submission Without Oral Argument

Cases not scheduled for argument will be submitted to a three-judge 

panel for consideration based on the argument in the briefs and the 

materials in the record of the case. The Clerk’s Office will issue a Notice of 

Submission Without Oral Argument approximately six (6) weeks before the 

case will be submitted to the panel.

Parties then have the option of filing a Memorandum in Lieu of Oral 

Argument and/or a Motion Requesting Oral Argument. Additional 

information about the case submission process is included in the notice.

In cases scheduled for oral argument, if the panel later determines that 

oral argument is no longer necessary, the court will issue an order or a 

revised notice indicating that the case will be submitted on the briefs. 

F. Scheduling Conflict

For any scheduling conflicts with argument after the Notice of Oral 

Argument has issued, parties must do one of the following:

1. file a motion to reschedule argument, 

2. file a motion to waive oral argument and submit the case on the 

briefs, or 

3. file a Response to Notice of Oral Argument indicating waiver of 

argument.

G. Accessibility Accommodation

The court’s policy on accessibility accommodations during court sessions 

is available on its website at http://www.cafc.uscourts.gov/sites/default/

https://cafc.uscourts.gov/home/oral-argument/attending-oralarguments/ and is reproduced as Part VII of this Guide.

H. Use of Visual Aid at Argument

The use of visual aids at argument is discouraged, particularly the use of 

electronic presentations in a slideshow format. A party must provide 

notice of intent to use a visual aid at least fourteen (14) days before the 

scheduled argument if the visual aid was used at the trial or hearing 

below, or twenty one (21) days prior if the visual aid was not used at the 

trial or hearing below. Presentation programs or project equipment may 
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not be used at argument without leave of court filed no later than seven

(7) days before argument. See Fed. Cir. R. 34(c). 

I. Use of the Court’s Nursing Room

The court is pleased to support nursing mothers who are a part of the 

Federal Circuit community by offering a private and comfortable place to 

breastfeed or express milk. The space, located on the third floor of the 

Tayloe House, may be reserved by contacting a member of the court’s 

Human Resources office at 202-275-8150 in advance of attending 

argument.

IV. Attending Argument

A. Check-In

All arguing counsel are required to check in with the Courtroom Deputy in 

their designated courtroom, between 9:00 a.m. and 9:30 a.m. for a 10:00 

a.m. court session, or between 1:00 p.m. and 1:30 p.m. for a 2:00 p.m. 

court session, on the day of argument. In the event the court schedules 

argument for another time slot, counsel must check in at least 30 minutes 

before argument.

All arguing counsel must be checked in with the Courtroom Deputy no 

later than 30 minutes before argument is scheduled to begin. At check-in, 

the Courtroom Deputy will verify the name of the arguing counsel and the 

argument time allotted. Last minute changes at check-in to arguing 

counsel are generally not allowed, unless the new arguing counsel has 

already filed an entry of appearance and has submitted an amended

Response to Notice of Oral Argument in the case.

Counsel who are not arguing do not need to check in with the Clerk’s 

Office.

B. Courtroom Decorum and Guidelines for Counsel During 

Argument

Counsel should take care to review the court’s Courtroom Decorum Policy

(reproduced as Part V of this Guide) and Guidelines for Counsel During 

Argument. 
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C. Electronic Devices

All electronic devices, including computers, laptops, tablets, phones, and 

other mobile devices, must be turned off while in the courtroom. 

However, arguing counsel may use laptops or tablet devices in silent 

mode while seated at the counsel tables or at the argument podium. 

D. Courtroom Seating and Setup

1. Counsel Tables

Only members of the Federal Circuit bar and government counsel 

appearing pursuant to Fed. Cir. R. 46(d) may sit at the counsel 

tables. Parties and legal support staff may not sit at the counsel 

tables or in the well of the court unless they are also members of 

the Federal Circuit bar or registered government counsel. 

2. General Seating

For general seating, the courtrooms open one (1) hour before court 

begins. Seating is available on a first-come, first-served basis. The 

Clerk’s Office does not reserve seating during oral arguments for 

parties or by special request of arguing counsel. 

E. Panel Composition

The identity of the judges sitting on the panel will not be disclosed until the 

morning of argument. Panel members are typically posted in the 

courthouse and on the court’s website one (1) hour before argument

begins. 

Arguing counsel will be told their panel members at the time of check-in.

F. Session Schedule

1. Order of Cases

Cases will typically be argued in the order they appear on the 

court’s website. Final calendars for each panel are posted outside 

the courtroom the morning of argument. Cases will be argued in 

the order listed on the posted calendar unless reordered by the 

panel. 

Regardless of the position of a case on the calendar, arguing 

counsel must check in with the Clerk’s Office a minimum of 30 

minutes before the start of the court session. Because the panel 
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may wish to reorder the cases, counsel for all cases on the 

calendar before the same panel should be present in the 

courtroom at the start of the court session.

2. Digital Clock

The digital clock on the podium provides a countdown of the time 

remaining for argument, along with color-coded light cues:

• Green Within allotted time

• Yellow Within scheduled rebuttal time (if applicable)

• Red Time expired

G. Record of Argument

1. Argument Recordings

Except in closed sessions, for which no recording is available, all 

oral argument recordings for cases argued in Washington, DC are 

posted on the court’s website by the end of the day of each court 

session. A copy of the recording will also be attached to an entry 

on the case docket. Argument recordings for out-of-town sittings 

will be posted as soon it is feasible, but posting may be delayed.

2. Argument Transcript

The court does not prepare a transcript of argument, only the 

audio recording. Parties may contract with an independent court 

reporter to obtain a transcript from the audio recording. The court 

is not able to recommend or provide such services.

3. Inadvertent Disclosure 

In the event arguing counsel inadvertently discloses confidential or 

sealed information during an open court session, counsel must 

promptly contact the Clerk’s Office after argument either at 202-

275-8035 or in person after the close of argument.
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V. Courtroom Decorum Policy

The dignity of the court is to be respected and maintained at all times.

Attire for counsel and spectators should be restrained and appropriate to the 

dignity of a Court of Appeals of the United States.

Court security officers and court staff are authorized to open and inspect any 

item carried into a courtroom.

Everyone in the courtroom, unless physically unable to do so, must rise when the 

judges enter and remain standing until the presiding judge invites everyone to be 

seated. Similarly, when court adjourns, everyone stands in place until the judges 

are no longer visible.

Standing in the courtroom may be permitted only at the discretion of the Clerk. 

Areas marked as reserved are for court staff and Federal Circuit Law Clerks.

Only members in good standing of the Federal Circuit bar may sit either at 

counsel tables or within the well of the court when court is in session.

Counsel may address the court when invited to do so. Only counsel associated 

with the appeal being argued may address the court, unless a judge directs 

otherwise.

Coats, outerwear, and large bags must be stored at the coat racks outside the 

courtroom areas. Arguing counsel may bring in bags containing materials 

necessary for argument.

Only material relating to the court’s business can be read in the courtroom while 

court is in session.

When court is in session, no one should be heard except for counsel making 

argument or a judge.

The following activities are prohibited in the courtroom and adjacent lobby area

while court is in session:

• Audio or visual recording or broadcasting of any kind;

• Photographing of any kind;

• Eating or drinking, except for water provided at the counsel tables; and

• Using any electronic device, including computers, laptops, tablets, and 

mobile devices (including phones), except by counsel in argued cases

while seated at counsel tables or at the argument podium.

All electronic devices must be turned off before entering the courtroom, except 

those used by counsel while at the counsel tables or at the argument podium.
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Repeated entrances and departures are to be avoided. Doorways and 

passageways should be kept clear at all times.

VI. Guidelines for Counsel During Argument

The following guidelines are provided to assist counsel in making the best use of the 

allotted time at argument.

• Counsel should not interrupt a judge. 

• Assume the court is familiar with the facts of the case.

• Minimize reading.

• Have a copy of each brief and appendix (paper or electronic) and be 

familiar with the location of items.

• Assume the court is familiar with the briefs and appendix contents.

• When raising new authority at argument, provide a copy to opposing counsel 

ahead of time by email or, if time permits, by filing a citation of supplemental 

authority pursuant to Fed. R. App. P. 28(j). 

• Stop your argument when your time expires unless the court permits you to 

continue. 

• Answer questions directly.

• Avoid pejoratives.

• When referring to specific portions of the appendix, provide accurate page 

citations. 

• Do not respond to a question with an unqualified citation to your brief. 

• Counsel seated at counsel tables or at the argument podium should neither 

make inappropriate facial gestures nor engage in exaggerated gesticulation. 
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VII. Accessibility Accommodations During Court 

Sessions

The United States Court of Appeals for the Federal Circuit has designated the 

Court Services Manager and the Chief Deputy Clerk as the Court’s Access 

Coordinators, pursuant to The Guide for Judiciary Policy, vol. 5, § 255.40. 

Communication-Based Disabilities

The Access Coordinators are responsible for coordinating sign language 

interpreters or other appropriate auxiliary aids and services to participants in 

federal court proceedings who are deaf, hearing-impaired, or have other 

communication disabilities.

Counsel of record and parties participating in federal court proceedings who 

require the assistance of a qualified sign language interpreter or other similar 

auxiliary aides and services must submit requests for services at least two (2) 

weeks before the court proceeding. The Clerk’s Office may not be able to 

accommodate requests received on shorter notice and, absent good cause 

shown, may require reimbursement of any expedited charges incurred.

Assistive auditory devices (“hearing loops”) are available in each courtroom for 

participants and spectators during argument and do not require notice. 

Mobility-Based Disabilities

While not required, case participants with mobility disabilities may wish to 

contact the Clerk’s Office to coordinate access and any adjustment of court 

furniture, as needed, before the day of argument.

Service Requests and Additional Information

Please direct all requests for services or for additional information to the Clerk’s 

Office 

• by mail to 717 Madison Place, NW, Room 401, Washington, DC 20439; 

• by telephone at 202-275-8035; or 

• by email to publicinformation@cafc.uscourts.gov. 
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VIII.Revision Control

Version Summary of Changes Date

1.0 New release, supersedes all 

prior related documents.

10/01/2018

1.1 Section II.C was updated 

based on changes to the 

court’s new procedure for 

notifying of scheduling 

conflicts; § III.C added the 

standard time allotted for 

argument. (Revised to correct 

errata, 2/12/2019.)

01/02/2019

2.0 Document renamed; § I minor 

wording; § II clarified how 

cases are selected for 

argument, incorporated April 

2019 changes to the procedure 

for reviewing scheduling 

conflicts; § III revised language 

on multiple argument counsel, 

clarified use of visual aid and 

forms of appearance; § IV 

revised electronic device 

usage policy, clarified the 

ordering of cases; § V revised 

permissible conduct in and 

around courtrooms; § VI added 

new section Guidelines for 

Counsel During Argument; and 

other non-substantive stylistic 

changes.

01/15/2020

2.1 Revised to reflect July 2020 

amendments to Federal Circuit 

Rules and Forms 32 and 33; 

inserted section regarding oral 

argument conducted 

telephonically (§ III.B). 

07/01/2020
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Version Summary of Changes Date

2.2 Clarified expectations for 

counsel with no conflicts (§ 

II.C); clarified argument waiver 

responsibilities (§ III.C); 

identified how the court may 

advise parties of submission of 

a case on the briefs (§ III.E); 

clarified who may sit at counsel 

tables (§ IV.D); expanded on 

the court’s processing of 

argument recordings and 

inability to offer transcription 

services (§ IV.G); revised 

designated Access 

Coordinators (§ V.II). 

01/14/2021

2.3 Revised the date by which the 

Response to Notice of Oral 

Argument is due (§ III.C); 

clarified when cases are 

typically calendared after all 

briefs are filed (§ III.A); and 

other non-substantive stylistic 

changes.

01/03/2022

2.4 Updated language, crossreferences, and form links to 

align with March 2023 rules 

amendments; revised the 

Response to Notice to Advise 

of Scheduling Conflicts

requirement (§ II); updated 

check-in procedures (§ IV.A); 

updated Decorum Policy (§ V); 

added requirement for brief 

and appendix copy (§ VI); 

clarified access coordinator 

responsibility (§ VII).

03/01/2023

2.5 Added language concerning 

Clerk’s Office guidance on oral 

argument scheduling conflicts

(§ II.C)

2/26/2024