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

December 9, 2020

Notice of Emergency Amendment to Federal Circuit Rule 15(f)

Pursuant to 28 U.S.C. § 2071(e) and Federal Circuit Rule 47(b), the U.S. Court of 

Appeals for the Federal Circuit has issued an emergency amendment to Federal 

Circuit Rule 15(f). The amended rule goes into effect immediately on an interim 

basis and will become final on January 31, 2021, absent additional action by the 

court. The court’s administrative order adopting the amendment follows.

Members of the public are invited to submit public comments to the Clerk of Court 

on or before January 8, 2021. Comments may be submitted by email to 

FederalCircuitRules@cafc.uscourts.gov or by mail to Proposed Rules Comments 

2020, Clerk’s Office, U.S. Court of Appeals for the Federal Circuit, 717 Madison 

Place, N.W., Washington, D.C. 20439.

All submitted comments must include the name and either a return email or 

mailing address for the submitter. Any submitted comments, including the name of 

the submitter, may be made available to the public unless a submitter specifically 

requests that either the submitter’s name or comment not be released to the public.

FOR THE COURT

/s/ Peter R. Marksteiner

Peter R. Marksteiner 

Clerk of Court
Federal Circuit Rules Order No. 2021-01 

United States Court of Appeals 

for the Federal Circuit

O R D E R

Emergency Amendment to 

Federal Circuit Rule 15(f) 

On December 8, 2020, this Court issued its en banc 

decision in National Organization of Veterans’ Advocates, 

Inc. et al., v. Secretary of Veterans Affairs, No. 20-1321, 

holding “that Federal Circuit Rule 15(f), establishing a 60-

day time limit for bringing section 502 petitions, is invalid.” 

Accordingly, the court finds pursuant to 28 U.S.C. 

§ 2071(e) and Federal Circuit Rule 47(b), that there is an 

immediate need for this Order amending the rules of this 

Court, effective upon entry of this Order.

IT IS ORDERED THAT: 

(1) Federal Circuit Rule 15(f) is amended on an 

emergency interim basis as follows:

[Changes shown]

A petition for judicial review of an action of the 

Secretary of the Department of Veterans Affairs 

under 38 U.S.C. § 502 must be filed with the clerk 

of court within sixty (60) days six (6) years after 

issuance of the action challenged in the petition. 

See 28 U.S.C. § 2401(a). 

[Changes incorporated]

A petition for judicial review of an action of the 

Secretary of the Department of Veterans Affairs 

under 38 U.S.C. § 502 must be filed with the clerk

of court within six (6) years after issuance of the 

action challenged in the petition. See 28 U.S.C. 

§ 2401(a).

CERT FIED COPY

I HEREBY CERTIFY THIS DOCUMENT IS A 

TRUE AND CORRECT COPY OF THE 

ORIGINAL ON F LE. 

UNITED STATES COURT OF APPEALS 

FOR THE FEDERAL CIRCUIT 

PETER R. MARKSTEINER, CLERK OF COURT By Deputy Clerk: Date: Jarrett B. Perlow December 9, 2020
2 ADMINISTRATIVE ORDER

(2) The Clerk of Court is directed to provide public 

notice and an opportunity to respond to this 

emergency amendment for thirty (30) days from the 

date of this Order. Absent subsequent action by the 

court, this emergency amendment will become final 

on January 31, 2021, with an updated version of the 

Federal Circuit Rules of Practice to follow.

FOR THE COURT

 Dec. 9, 2020 /s/ Sharon Prost

 Date Sharon Prost

Chief Judge