UNITED STATES COURT OF APPEALS

FOR THE FEDERAL CIRCUIT

717 MADISON PLACE, N.W.

WASHINGTON, D.C. 20439

PETER R. MARKSTEINER

CLERK OF COURT

CLERK’S OFFICE

202-275-8000

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June 22, 2021

Instructions for Arguing Counsel Participating in Remote Arguments

1. Counsel Orientation and Equipment Test

The Clerk’s Office will schedule an orientation and equipment test with counsel 

at least one week before the argument. Arguing counsel must attend in order to 

participate in the remote argument.

Counsel must participate in the orientation and equipment test using the same 

equipment and internet connection they will be using on the day of the 

argument. Counsel must participate from the same location where they intend 

to present argument and using the same background.

The Clerk’s Office has the discretion to disallow appearance by videoconference 

if court staff believe that counsel is not sufficiently able to appear by 

videoconferencing. In such a situation, counsel will be permitted to attend by 

teleconference in accordance with instructions that will be provided by the 

Clerk’s Office.

2. Argument Connection Information

The Clerk’s Office will provide counsel with argument connection information 

following the orientation and equipment test. 

3. Connecting to Argument

On the day of argument, please use the link provided by the Clerk’s Office to 

connect to the videoconference one hour before the panel’s designated start 

time (the designated start time is usually 10:00 a.m. Eastern). A member of 

court staff will confirm your connection, test your audio and video quality, and 

provide additional pre-argument instructions. Counsel must remain 

connected to the conference until dismissed by the court or the 

courtroom deputy.
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4. Waiting for Argument

Cases with remote participants are scheduled as the last case(s) to be heard 

before the assigned panel. While waiting for your case, you will be unable to see 

or hear the courtroom or proceedings. Instead, you are encouraged to listen to 

the court’s audio streaming, available here, to monitor the timing of your 

argument. 

You will be able to communicate with the courtroom deputy by using the chat 

functionality in the videoconference. The courtroom deputy will send you a 

message approximately five minutes before the end of the prior case’s 

argument. Please note that argument on individual cases may run long or end 

early, and, while the courtroom deputy will advise on general timing, it remains 

your responsibility to ensure you are prepared to proceed when your case is 

called.

5. Presenting Your Argument

At the start of your case, the courtroom deputy will connect you to the 

courtroom, ask you to unmute your audio, and confirm that you can see and hear 

both the courtroom deputy and the panel. 

The courtroom deputy will mute you when opposing counsel is presenting. 

Please do not unmute yourself until called on by the presiding judge.

6. Tracking Time During Your Argument

The courtroom deputy will start the courtroom timer when you begin speaking 

(“green light”), which will be visible next to the presiding judge. The timer will 

display a yellow light once you have entered any authorized rebuttal time and a 

red light once your total allotted time has expired. Please refrain from using 

your own timekeeping device.

7. Decorum During Argument

Although you are appearing remotely, the court is in session and ordinary 

rules of decorum apply, including the requirement that counsel appear 

in appropriate courtroom attire.

You must keep yourself muted while not presenting your argument or answering 

a court question. Please refrain from using the videoconference chat feature 

while your case is being argued.
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Counsel must present argument:

• from a location free from disruptions (i.e., a private room or office with the 

door closed);

• in front of a neutral, non-distracting background and no virtual 

background; and 

• with arguing counsel as the only individual appearing in the video frame. 

8. Handling Disruptions

In the event of a poor internet connection or should you disconnect 

from the conference during your case, the courtroom deputy will announce 

the disconnection and pause the proceeding and clock. The courtroom deputy 

will then reconnect you to the courtroom by telephonic conference, and the 

argument will continue with you participating by audio only. In order to 

facilitate this, you will be required to have a phone at the ready and to provide 

court staff with the phone number to reach you at.

If you experience technical difficulties and are not contacted by the court, please 

call the Clerk’s Office at 202-275-8049. Note that the courtroom deputy will only 

attempt to reconnect you if you are not on the videoconference at the time your 

case is called or if you disconnect during argument on your case.

9. Recording Prohibited

Recording, photographing, broadcasting, or capturing any audio, video, or image 

from any aspect of your remote appearance is prohibited. 
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10.Public Access to Argument

Given the extraordinary public health emergencies in the National Capital 

Region and the resulting restrictions on public access to the courthouse, the U.S. 

Court of Appeals for the Federal Circuit is providing media and public access to 

the audio stream of each panel scheduled for argument during the court's 

monthly sessions. No video stream will be provided.

The streaming audio feeds begin approximately thirty minutes prior to the 

panel’s designated start time (the designated start time is usually 10:00 a.m.

Eastern), and the feeds are available here or may be accessed through the Daily 

Schedule on the court’s website. Audio recordings of all arguments will be 

posted on the court’s website after the conclusion of arguments each day.

If you have additional questions before your argument, please email 

attorneyservices@cafc.uscourts.gov or call 202-275-8035.