UNITED STATES COURT OF APPEALS

FOR THE FEDERAL CIRCUIT

RULES OF PRACTICE

PROPOSED AMENDMENTS 

SEPTEMBER 2022 

PUBLIC REDLINED COPY 
PROPOSED AMENDMENTS FEDERAL CIRCUIT RULES OF PRACTICE SEPTEMBER 2022 

EDITOR’S NOTES

This document contains proposed substantive and non-substantive 

amendments to the Federal Circuit Rules of Practice. 

Rules without any amendments are omitted. 

All hyperlinks are for illustrative purposes only and will not work.
PROPOSED AMENDMENTS FEDERAL CIRCUIT RULES OF PRACTICE SEPTEMBER 2022 

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Table of Contents 

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

FEDERAL CIRCUIT RULE 25 ....................................................................................... 3

Filing and Service

FEDERAL CIRCUIT RULE 27 ..................................................................................... 12

Motions

FEDERAL CIRCUIT RULE 28 ..................................................................................... 15

Briefs

FEDERAL CIRCUIT RULE 28.1 .................................................................................. 19

Cross-Appeals

FEDERAL CIRCUIT RULE 30 ..................................................................................... 21

Appendix to the Briefs

FEDERAL CIRCUIT RULE 31 ..................................................................................... 29

Serving and Filing Briefs

FEDERAL CIRCUIT RULE 32 ..................................................................................... 32

Form of Briefs, Appendices, and Other Papers

3BFederal Circuit Rule 33 ....................................................................................... 35

0BAppeal Conferences

FEDERAL CIRCUIT RULE 33.1 .................................................................................. 36

Mediation Guidelines

PRACTICE NOTES TO RULE 33.1 .............................................................................. 36

FEDERAL CIRCUIT RULE 34 ..................................................................................... 37

Oral Argument

FEDERAL CIRCUIT RULE 35 ..................................................................................... 40

En Banc Determination

PRACTICE NOTES TO RULE 38 ................................................................................. 45

FEDERAL CIRCUIT RULE 40 ..................................................................................... 46

Petition for Panel Rehearing

FEDERAL CIRCUIT RULE 41 ..................................................................................... 49

Issuance of Mandate
PROPOSED AMENDMENTS FEDERAL CIRCUIT RULES OF PRACTICE SEPTEMBER 2022 

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FEDERAL CIRCUIT RULE 47.4 .................................................................................. 50

Certificate of Interest

FEDERAL CIRCUIT RULE 47.5 .................................................................................. 52

Related Case Disclosure

PRACTICE NOTES TO RULE 47.7 .............................................................................. 53
PROPOSED AMENDMENTS FEDERAL CIRCUIT RULES OF PRACTICE SEPTEMBER 2022 

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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. 25: Decreasing the required number of paper copies on 

rehearing or hearing en banc.

2. Fed. Cir. R. 27: Clarifying that requests for reconsideration of 

dispositive orders must be filed as rehearing petitions with limited 

exceptions.

3. Fed. Cir. R. 28: Moving the principal brief addendum requirements to 

their own subsection and addressing multi-volume addenda; requiring 

a separate heading for the standard of review and clarifying location 

expectations; clarifying patent claim language on inside front cover of 

principal briefs and relocating requirement to FCR 32; clarifying 

informal brief form requirement; requiring separate heading for 

jurisdictional statement in informal response brief.

4. Fed. Cir. R. 28.1: Adjusting citation to FCR 28 to correspond with 

new addendum subsection.

5. Fed. Cir. R. 30: Clarifying expectation for inclusion of patent and 

rehearing orders in the appendix; requiring brief title to identify when 

it contains an appendix; permitting unrepresented parties to file 

additional record material attached to a reply brief when the appellee 

files a separate appendix.

6. Fed. Cir. R. 31: Eliminating separate briefing schedule for informal 

briefing.

7. Fed. Cir. R. 32: Relocating patent claim language on inside front brief 

cover requirement to this rule from FCR 28 and permitting singlespacing of this language; excluding inside front cover contents and 

contents required on the first page of a filing in lieu of a cover from 

word counts; clarifying informal brief form and type-volume 

requirements.

8. Fed. Cir. R. 33: Clarifying that settlement discussion obligations do 

not apply to appellate intervenors.

9. Fed. Cir. R. 33.1: Incorporating Mediation Guidelines docketing 

statement requirement into the rule and requiring use of the form. 
PROPOSED AMENDMENTS FEDERAL CIRCUIT RULES OF PRACTICE SEPTEMBER 2022 

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10. Fed. Cir. R. 34: Requiring parties to file argument scheduling conflict 

notice, even if no conflicts exist; delegating authority to the clerk of 

court to set scheduling conflict limitations and accept or reject 

individual conflict dates; clarifying who must file a response to notice 

of oral argument; clarifying that parties represented by the same 

counsel can only have one counsel argue.

11. Fed. Cir. R. 35: Aligning with change to FCR 25 to decrease required 

number of paper copies.

12. Fed. Cir. R. 38: Adding practice note to direct filers to follow Rule 27 

when filing motions for sanctions.

13. Fed. Cir. R. 40: Aligning with change to FCR 25 to decrease required 

number of paper copies.

14. Fed. Cir. R. 41: Adjusting the types of orders that will constitute the 

mandate.

15. Fed. Cir. R. 47.4: Citing to FCR 47.5 for related case requirement in 

certificate of interest.

16. Fed. Cir. R. 47.5: Creating expanded notice requirement when there 

are related cases in other tribunals in order to provide the court with 

more information on participating parties, firms, and attorneys.

17. Fed. Cir. R. 47.7: Adding practice note to direct filers to follow Rule 

27 when filing motions for sanctions in the form of attorney fees.
PROPOSED AMENDMENTS FEDERAL CIRCUIT RULES OF PRACTICE SEPTEMBER 2022 

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FEDERAL CIRCUIT RULE 25 

Filing and Service 

(a) General Filing Requirements. 

(1) Filing Methods. 

Where these rules discuss electronic filing, it exclusively refers 

to use of the court’s electronic filing system. Unless 

authorized in advance by the court or the clerk of court, 

facsimile and email transmission of documents will not be 

accepted. 

(A) Represented Parties. 

Parties represented by counsel must submit all 

documents in Portable Document Format (PDF) using 

the court’s electronic filing system and following the 

instructions and requirements in the court’s Electronic 

Filing Procedures. 

(B) Unrepresented Parties. 

Following public notice, the clerk of court may provide 

for unrepresented parties to file electronically and may 

establish necessary procedures and requirements 

consistent with these rules. Once electronic filing is 

available, an unrepresented party must inform the 

court within fourteen (14) days after that party’s case is 

docketed whether the filer elects to submit documents 

in paper form or register for electronic filing and submit 

documents in PDF through the court’s electronic filing 

system; following this election, the party may not 

change methods in that case without leave of the court 

or the clerk of court for good cause shown. An 

unrepresented party may use either method to submit 

case-initiating documents and may elect to file using 

different methods in each separate case. If an 

unrepresented party elects to file electronically, Federal 

Circuit Rule 25(c)(1) applies. 

(2) Electronic Filer Registration. 

Attorneys who appear before this court and unrepresented 

parties choosing to file electronically must register for the 

court’s electronic filing system. Registration requirements are 

located in the court’s Electronic Filing Procedures. 

Registration for electronic filing is not a substitute for 

admission to the bar or appearance in a case. Unrepresented 
PROPOSED AMENDMENTS FEDERAL CIRCUIT RULES OF PRACTICE SEPTEMBER 2022 

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FEDERAL CIRCUIT RULE 25 

paper filers may register for electronic filing at any point, and 

they may elect to file electronically after registration is 

approved by the court. 

(3) Restrictions on Electronic Filers.

Registration for the court’s electronic filing system constitutes 

an agreement by the filer to abide by all the procedures and 

requirements set forth in the court’s Electronic Filing 

Procedures. Following notice and an opportunity to respond, 

the clerk of court may restrict or revoke electronic filing 

privileges for users who have either (A) repeatedly failed to 

comply with these procedures and requirements or (B) failed 

to maintain appropriate security of account credentials. 

(4) Electronic Filing Procedures. 

The clerk of court is authorized to adopt Electronic Filing 

Procedures governing the administrative and technical 

requirements and procedures for using the court’s electronic 

filing system. However, nothing in the Electronic Filing 

Procedures may contradict the Federal Rules of Appellate 

Procedure, the Federal Circuit Rules, or any applicable federal 

law. 

(5) Change of Name or Contact Information. 

Filers must immediately submit an amended appearance 

under Federal Circuit Rule 47.3 to notify the clerk of court of a 

change of name or contact information, including an email 

address for electronic service. Electronic filers must also 

update their information in the court’s electronic filing system. 

Failure to maintain current contact information with the clerk 

of court may result in the suspension of electronic filing 

privileges or missed notifications. 

(b) Case-Initiating Documents. 

Documents such as appeals filed directly with this court, petitions for 

review, petitions for writs of mandamus, petitions for permission to 

appeal, and motions for stays or injunctions under Federal Rule of 

Appellate Procedure 8 or 18 are considered case-initiating documents 

if the appeal or petition has not been docketed. 

(1) Electronic Submissions. 

A case-initiating document is considered filed at the time and 

date registered by the court’s electronic filing system. No 

paper copy is required. Parties represented by a member of 
PROPOSED AMENDMENTS FEDERAL CIRCUIT RULES OF PRACTICE SEPTEMBER 2022 

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FEDERAL CIRCUIT RULE 25 

the bar of this court must submit case-initiating documents 

electronically. 

(2) Nonelectronic Submissions. 

Unrepresented parties or parties represented at the lower 

tribunal by counsel who are not members of the bar of this 

court may choose to submit case-initiating documents in 

paper. Only one paper copy is required of any case-initiating 

document submitted in paper. Once the notice of docketing is 

issued, an unrepresented party must follow Federal Circuit 

Rule 25(a)(1). 

(c) All Other Documents. 

(1) Submissions by Electronic Filers. 

A document submitted electronically is deemed filed on the 

date and time stated on the Notice of Docket Activity 

generated from the court’s electronic filing system. Paper 

copies must not be provided to the court except to the extent 

required by Federal Circuit Rule 25(c)(3) or as ordered by the 

court. 

(A) Motion for Exemption.

A motion for exemption from electronic filing 

requirements may be submitted in paper form. Upon a 

showing of good cause, the court may exempt a filer 

from electronic filing requirements and authorize filing 

by other means. 

(B) Items That Cannot Be Filed Electronically.

Exhibits, attachments, or appendices that are not in a 

format that readily permits electronic filing — such as 

those which are illegible when scanned or which, 

because of their odd shape, are unable to be scanned — 

may be filed in physical form without leave of court. 

The party must file electronically a Notice of Physical 

Filing and submit the original exhibit, attachment, or 

appendix in physical form to the clerk of court within 

five (5) business days after filing the notice. If such an 

item is part of a brief, appendix, or petition, then 

additional copies must be provided in the same number 

and within the same timeframe as the paper copies of 

the brief, appendix, or petition. For electronic appendix 

material that is unable to be reproduced in paper, 
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FEDERAL CIRCUIT RULE 25 

Federal Circuit Rule 30(i) applies, and a separate Notice 

of Physical Filing is not required. 

(C) Technical or System Failures. 

An electronic filer whose filing is untimely as the result 

of a technical or system failure may file a motion for 

leave to file out of time that includes (1) a declaration or 

affidavit attesting to the failed attempts to file 

electronically and (2) the document that could not be 

filed due to the technical or system failure. 

(2) Submissions by Nonelectronic Filers. 

A document submitted in paper form is deemed filed on the 

date and time it is received by the court. Additional paper 

copies must not be provided to the court except to the extent 

required by Federal Circuit Rule 25(c)(3) or as ordered by the 

court. 

(A) Originals. 

Nonelectronic filers, including counsel exempted from 

electronic filing requirements, must file one original of 

each document. If a party chooses to file required paper 

copies at the same time as the original submission, then 

the original will count toward the number of paper 

copies. 

(B) Paper Records. 

The clerk of court will scan originals provided in paper 

and make the scanned documents part of the court’s 

official record through its electronic filing system. After 

the scanned documents are entered into the court’s 

electronic filing system, the paper documents will be 

discarded in accordance with judiciary records 

management policies. 

(3) Paper Copies. 

Except as provided in this subsection or as ordered by the 

court, electronic filers must not provide paper copies to the 

court. When paper copies are required, the clerk of court will 

note receipt of those copies on the electronic docket. 
PROPOSED AMENDMENTS FEDERAL CIRCUIT RULES OF PRACTICE SEPTEMBER 2022 

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FEDERAL CIRCUIT RULE 25 

(A) Briefs and Appendices During Initial 

Consideration. 

During initial consideration of a case on the merits, six 

(6) paper copies — or three (3) for cases briefed 

informally — of each brief and appendix must be 

provided to the court within five (5) business days after 

the court’s issuance of a notice requesting paper copies. 

(B) Petitions for Panel Rehearing. 

Three (3) paper copies of any petition for panel 

rehearing, related response, or related brief amicus 

curiae must be provided to the court within two (2) 

business days after the filing of the petition, response, 

or brief. 

(C) En Banc or Combined Petitions. 

EighteenThirteen (183) paper copies — or three (3) for 

unrepresented parties — of any petition for en banc 

hearing, petition for en banc rehearing, combined 

petition for panel and en banc rehearing, related 

response, or related brief amicus curiae must be 

provided to the court within two (2) business days after 

the filing of the petition, response, or brief. 

(D) Briefs and Appendices in En Banc Cases. 

If the court orders en banc hearing or rehearing, 

twenty-eightsix (286) paper copies of each brief and 

appendix filed in the case prior to the date of the court’s 

order must be provided to the court within five (5) 

business days after that order. Twenty-eightsix (286) 

paper copies of each brief and appendix filed during en 

banc consideration must be provided to the court within 

five (5) business days after the filing of the document. 

(E) Confidential Versions. 

If a confidential document is filed in two versions 

pursuant to Federal Circuit Rule 25.1, then only paper 

copies of the confidential version must be provided to 

the court. 
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FEDERAL CIRCUIT RULE 25 

(F) Corrected Versions. 

If a party has not yet filed paper copies of a document 

and that party has electronically filed a corrected 

version of that document, then only paper copies of the 

corrected version must be provided to the court. 

(4) Review and Correction by the Clerk of Court. 

The clerk of court may require the filing of a corrected copy of 

any submission that fails to comply with the court’s rules or 

the Electronic Filing Procedures. If a party fails to file a 

timely corrected copy in response to a notice requiring 

correction from the clerk of court, the clerk of court may strike 

the non-compliant document from the docket. The clerk of 

court may also edit docket entries to correct or to add text or 

attachments, and any such revision will be identified on the 

docket. 

(d) Format of Documents. 

Documents filed electronically and in paper must comply with the 

format requirements set forth in the Federal Rules of Appellate 

Procedure, the Federal Circuit Rules, and the court’s Electronic 

Filing Procedures. 

(e) Service. 

(1) Electronic Filings. 

A filing does not require proof of service if it is served on all 

parties through the court’s electronic filing system. Service of 

a filing to a user’s email address registered with the court’s 

electronic filing system at the time of the filing constitutes 

valid service, even if the user has failed to timely provide an 

updated valid email address and the served email address is 

invalid. Any nonelectronic filers in the case must be served in 

paper or by an alternative method of service permitted by 

Federal Rule of Appellate Procedure 25(c); the filing must 

include proof of service noting the method of service. 

(2) Paper or Physical Filings. 

A copy of any original filing submitted to the court in paper 

must be served on all other parties in paper. The original 

must include proof of service. If a Notice of Physical Filing is 

filed pursuant to Federal Circuit Rule 25(c)(1)(B), then a copy 
PROPOSED AMENDMENTS FEDERAL CIRCUIT RULES OF PRACTICE SEPTEMBER 2022 

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FEDERAL CIRCUIT RULE 25 

of the physical filing must be served on all other parties and 

the notice must include proof of service of the physical filing. 

(3) Confidential Material. 

Filers cannot serve confidential information through the 

court’s electronic filing system. When a document is filed in 

two versions pursuant to Federal Circuit Rule 25.1, the filer 

must serve all other authorized parties using one of the other 

service methods permitted by Federal Rule of Appellate 

Procedure 25(c). 

(4) Consent to Electronic or Alternative Service. 

Except for the service of confidential material under Federal 

Circuit Rule 25(e)(3), registration as an electronic filer 

constitutes consent to electronic service of all documents by 

the court’s electronic filing system. Parties, including 

nonelectronic filers, may consent in writing to electronic 

service by other means. Absent such an agreement, Federal 

Rule of Appellate Procedure 25(c)(1) applies. 

(5) Service of Papers Before Appearance. 

Service of a filing on a party for which counsel has not yet 

entered an appearance must be made on counsel of record for 

the party in the proceeding below at that counsel’s last known 

address, or, if unrepresented, on that party directly. 

(f) Private, Confidential, or Sealed Information. 

Requirements for filing private, confidential, and sealed material 

with the court are detailed in Federal Circuit Rule 25.1. 

(g) Signatures. 

(1) Electronic Signature. 

(A) An electronic signature consists of either (1) the printed 

name of the individual preceded by the mark “/s/” 

entered on the signature line or (2) an electronic 

signature from a commercial provider that complies 

with the Electronic Signatures in Global and National 

Commerce Act (ESIGN) (15 U.S.C. § 7001). The 

electronic signature must appear where the signature 

would otherwise appear. 

(B) The clerk of court will only accept a document with an 

electronic signature when (1) the name of the electronic 
PROPOSED AMENDMENTS FEDERAL CIRCUIT RULES OF PRACTICE SEPTEMBER 2022 

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FEDERAL CIRCUIT RULE 25 

signer matches the name on the account used to file the 

document in the court’s electronic filing system or (2) 

multiple signatures are present pursuant to Federal 

Circuit Rule 32(g). 

(2) Form of Signature. 

Where the rules require a signature on a document filed 

electronically, an electronic signature may be used. For 

documents filed in paper form, an original, handwritten 

signature must be used. An original signature is not required 

on paper copies required by Federal Circuit Rule 25(c)(3). 

Applications for admission to this court’s bar must always 

bear either (A) handwritten signatures or (B) an ESIGN 

compliant electronic signature by the applicant and any 

sponsor. However, the oath of admission must bear a 

handwritten signature. 

(3) Retention of Documents. 

Documents that are electronically filed and require original 

signatures other than that of the filer (such as an affidavit 

signed by a person other than the filer) must be maintained in 

original form by the filer until the issuance of the mandate 

with no right of appeal or until such later date as the court 

prescribes. On request of the court, the filer must provide 

original documents for review. 

(h) Sanctions for Failure to Comply. 

Failure to comply with the court’s rules may result in dismissal of 

the appeal or other action as deemed appropriate by the court. 

(i) Corrections to Filings. 

(1) General. 

A document may not be corrected merely by filing or 

appending an errata sheet. A party wishing to make nonsubstantive corrections to any document currently on file with 

the clerk of court must file a Notice of Correction. Substantive 

corrections may only be made with leave of the court. 
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FEDERAL CIRCUIT RULE 25 

(2) Format. 

A corrected document must indicate “corrected” in the title or 

on the cover. A new proof of service must be attached to any 

corrected filing that is not being served through the court’s 

electronic filing system. 

(3) Notice of Correction. 

A Notice of Correction must be filed contemporaneously with 

the corrected document and must specifically delineate each 

correction. A Notice of Correction is not required for changes 

to a document when those changes have been ordered by the 

court or the clerk of court. 

(4) Required Copies. 

If paper copies have already been submitted, an adequate 

number of corrected paper copies must be filed. 
PROPOSED AMENDMENTS FEDERAL CIRCUIT RULES OF PRACTICE SEPTEMBER 2022 

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FEDERAL CIRCUIT RULE 27 

Motions 

(a) Contents and Format of a Motion. 

In addition to the requirements under Federal Rule of Appellate 

Procedure 27(a)(2) and (d), a motion must include the following: 

(1) the caption (if the motion is for a procedural order on consent, 

the short caption may be used; for any other motion, the official 

caption must be used); 

(2) a statement of consent or opposition representing that the 

movant has discussed the motion with the other parties and 

stating whether any party will object or file a response; 

(3) a certificate of interest under Federal Circuit Rule 47.4; and 

(4) an affidavit or unsworn declaration under penalty of perjury 

under 28 U.S.C. § 1746, if the facts relied on in the motion are 

subject to dispute. 

(b) Response; Reply. 

If a motion uses the short caption, any response or reply may also use 

the short caption. In addition to the requirements under Federal Rule 

of Appellate Procedure 27(a)(3) and (d), a response must include the 

following: 

(1) the items in Federal Circuit Rule 27(a)(1), (3), and (4); and 

(2) the grounds for denying the motion, limiting the relief granted, 

or modifying the order sought and the legal argument to support 

the response, or the responding party’s statement of consent or 

lack of opposition. 

(c) Motion to Expedite. 

In addition to the requirements for a motion under Federal Circuit 

Rule 27(a), a motion to expedite proceedings must include the 

following: 

(1) the label “Motion to Expedite” on the cover or front page of the 

motion, either centered at the top or contained in the title; 

(2) a proposed expedited briefing schedule on the motion; and 

(3) a proposed expedited merits briefing schedule or proposed 

argument date, if applicable. 
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FEDERAL CIRCUIT RULE 27 

(d) Attachments or Exhibits. 

Attachments or exhibits to a motion, response, or reply must be 

preceded by a table of contents and must be paginated or separately 

tabbed for ease of reference. The pagination need not match the 

requirements for an appendix under Federal Circuit Rule 30. 

(e) Motion to Strike; Response. 

A motion to strike all or part of a brief, except to strike scandalous 

matter, is prohibited as long as the party seeking to strike has the 

right to file a responsive brief in which the objection could be made. A 

response, if any, in opposition to a motion to strike must be included in 

the responsive brief if one is authorized, or may be filed if leave is 

sought and obtained, or may be made at oral argument. 

(f) Motion to Dismiss, Transfer, or Remand. 

A motion to dismiss for lack of jurisdiction, to transfer, or to remand 

should be made as soon as the grounds for the motion are known. 

After the appellant or petitioner has filed its principal brief, the 

argument supporting dismissal, transfer, or remand should be made in 

the response brief of the appellee or respondent. Any response to such 

an argument made in the response brief must be included in the reply 

brief. Joint or unopposed motions or stipulations to dismiss, transfer, 

or remand may be made at any time. 

(g) Motion Incorporated in a Brief. 

Except as provided in Federal Circuit Rule 27(e) and (f), a motion must 

not be incorporated in a brief. 

(h) Delegation of Authority to the Clerk of Court. 

The clerk of court is authorized to act on any procedural motion or 

unopposed nonprocedural motion but may not act on an opposed 

nonprocedural motion or any motion that requires action by a judge or 

panel of judges. The clerk of court may also direct an expedited 

response to a motion or petition and may direct the parties to show 

cause why an appeal or petition should not be dismissed or 

transferred. Even if the clerk of court is authorized to act on a 

particular motion, the clerk of court may nonetheless refer the matter 

to a judge or panel, or may defer the matter to the merits panel, when 

appropriate. 
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FEDERAL CIRCUIT RULE 27 

(i) Ex Parte Application. 

Neither the court nor any judge of the court will conduct an ex parte 

hearing on an application for relief. 

(j) Reconsideration, Vacatur, or Modification of an Order or 

Action. 

A party seeking to reconsider, vacate, or substantively modify a 

dispositive order, opinion, or judgment issued by a panel must move for 

relieffile a petition for panel, en banc, or panel and en banc rehearing

within the time prescribed by Federal Circuit Rule 40(d). For 

nonsubstantive corrections to a dispositive order, opinion, or judgment, 

a party may file a motion to correct within fourteen (14) days after the 

order or action apart from any rehearing petition. For all 

othernondispositive orders or actions by the court, including by a 

single judge, a panel of judges, or the clerk of court, a party must 

movefile for relief within fourteen (14) days after the order or action. 

(k) Motions Containing Confidential or Sealed Material. 

Federal Circuit Rule 25.1 applies to confidential or sealed material in 

motions, responses, and replies. 
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FEDERAL CIRCUIT RULE 28 

Briefs 

(a) Contents and Organization of Principal Briefs; Organization; 

Addendum. 

Principal briefs must contain a cover pursuant to Federal Circuit Rule 

32(a), including any required material on the inside cover, and the 

following in the order listed: 

(1) the certificate of interest under Federal Circuit Rule 47.4; 

(2) the table of contents; 

(3) the table of authorities; 

(4) the statement of related cases under Federal Circuit Rule 47.5; 

(5) the jurisdictional statement including information 

demonstrating that the judgment or order appealed from is final 

or, if not final, appealable on another basis (e.g., preliminary 

injunction, Federal Rule of Civil Procedure 54(b) certification of 

final judgment as to fewer than all of the claims or parties, etc.); 

(6) the statement of the issues; 

(7) the statement of the case, including the citation of any published 

decision of the trial tribunal in the proceedings; 

(8) the summary of the argument; 

(9) the argument, including the statement of the standard of review

which must appear with its own heading either within the 

argument section or immediately preceding the argument 

section; 

(10) the conclusion and statement of relief sought; 

(11) an addendum containing the judgments, orders, agency actions, 

or other decisions in question and any opinions, memoranda, or 

findings and conclusions supporting them (this requirement 

applies only to the principal brief of an appellant, petitioner, or 

cross-party and is met when the appendix is bound with the 

brief. See Federal Circuit Rule 30(c)(1) and (d) for a duplicative 

requirement of the appendix); 

(12) additional content in an appeal or petition involving a patent — 

(A) all patents in suit reproduced in their entirety as an 

addendum to the principal brief of a petitioner or appellant and 

(B) the language of a patent claim at issue appearing on the 

inside of the front cover of each principal brief (or immediately 
PROPOSED AMENDMENTS FEDERAL CIRCUIT RULES OF PRACTICE SEPTEMBER 2022 

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FEDERAL CIRCUIT RULE 28 

following the front cover if the language requires more space), 

with this duplicative language not counting for Federal Rule of 

Appellate Procedure 32(g)(1) purposes provided the same 

language is included in the briefany addenda required by 

Federal Rule of Appellate Procedure 28(f), Federal Circuit Rule 

28(c), or Federal Rule of Appellate Procedure 32.1(b); and 

(132) the certificate of compliance, if required by Federal Circuit Rule 

32(b)(3). 

(b) Exclusion of Contents from Appellee’s Brief. 

An appellee’s statements of jurisdiction, the issues, the case and facts, 

and the standard of review must be limited to specific areas of 

disagreement with those of the appellant. Absent disagreement, an 

appellee must not include those statements. 

(c) Addendum PaginationRequirements. 

(1) Principal Brief. 

Unless an appellant or petitioner permissibly binds an appendix 

with its principal brief pursuant to Federal Circuit Rule 30(d), 

the principal brief of an appellant or petitioner must include the 

following material as an addendum bound with the brief: 

(A) all judgments, orders, agency actions, or other decisions 

appealed from and any opinions, memoranda, or findings 

and conclusions supporting them, including any rehearing 

opinions or orders; and 

(B) if the appeal involves a patent or patent application, all 

patents or applications at issue on appeal reproduced in 

their entirety. 

(2) Addendum Pagination.

 Addendum material that is also designated for inclusion in the 

appendix must be paginated with the corresponding page 

numbers assigned to that material under Federal Circuit Rule 

30(b)(2)(C). Other addendum material must be paginated in 

such a way as to avoid confusion.

(3) Addendum Length.

Parties may seek leave of the court to waive the addendum 

requirement of Federal Circuit Rule 28(c)(1) in whole or in part 

if the number of pages in the addendum to the principal brief 

will prevent the materials from being bound in a single volume, 

which equates to roughly 300 double-sided pages of printed 
PROPOSED AMENDMENTS FEDERAL CIRCUIT RULES OF PRACTICE SEPTEMBER 2022 

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FEDERAL CIRCUIT RULE 28 

addendum material, or 600 pages submitted electronically. If an 

addendum will cause the opening brief to exceed one volume, 

each volume of the brief must include a cover that identifies the 

volume number in Roman numerals and the range of pages 

within the volume centered at the top.

(d) Brief Containing Confidential or Sealed Material. 

Federal Circuit Rule 25.1 applies to confidential or sealed material in 

briefs. 

(e) Citations. 

Opinions of this court and its predecessors should be cited as found in 

the Federal Reporter. Parallel citations to any other reporters are 

discouraged. Examples of acceptable citations are: 

 Guotos v. United States, 552 F.2d 992 (Ct. Cl. 1976). 

 In re Sponnable, 405 F.2d 578 (CCPA 1969). 

 South Corporation v. United States, 690 F.2d 1368 (Fed. Cir. 

1982) (en banc). 

 Doe v. Roe, No. 12-345, slip op. (Fed. Cir. Oct. 1, 1982). 

(f) Referring to the Record and Appendix. 

Any reference in a brief to the underlying record or to material 

authorized to be included in an appendix must be to the corresponding 

appendix page number(s) assigned to the material under Federal 

Circuit Rule 30(b)(2)(C). References must be as short as possible 

consistent with clarity and must follow the format required by the 

clerk of court in the court’s Electronic Filing Procedures. 

Indiscriminate references in briefs to blocks of record pages are 

prohibited. 

(g) Unrepresented Party Briefs; Response. 

An unrepresented party may file a formal brief or an informal brief, 

but not both. 

(1) Informal Brief.

An informal principal brief must contain the information 

required by the form prescribed by the court. No other contents 

are required. 
PROPOSED AMENDMENTS FEDERAL CIRCUIT RULES OF PRACTICE SEPTEMBER 2022 

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FEDERAL CIRCUIT RULE 28 

(2) Formal Brief. 

A formal brief must comply with Rules 28 and 32 regarding 

format and contents. 

(3) Counseled Party Response Brief. 

When the appellant or petitioner files an informal brief, the 

appellee or respondent may elect to file an informal brief. An 

informal response brief must contain a statement of the case, 

but the brief may otherwise follow the format prescribed for the 

unrepresented party. In an informal or formal response brief, 

the party must affirmatively state under a separate heading 

whether or not itthe party believes the court has jurisdiction 

over the case, with reasons provided. 

(h) Briefs in a Transferred Case. 

When an appeal is transferred to this court by another court of appeals 

after briefs have been filed, the parties may stipulate to proceed on 

those briefs instead of filing briefs prescribed by these rules. The 

stipulation and each brief must be filed with this court within fourteen 

(14) days after docketing, with the required number of paper copies to 

be provided in accordance with Federal Circuit Rule 25(c)(3). The 

court may also order supplemental briefs as needed. 

(i) Multiple Parties. 

(1) Single Brief. 

Each party is permitted to file a single brief of each type 

authorized for that party by these rules. Private parties with 

identical or similar interests are strongly encouraged to join in a 

single brief. 

(2) Combined Brief Required. 

When there are multiple parties represented by the same 

counsel or counsel from the same firm, a combined brief must be 

filed on behalf of all the parties represented by that counsel or 

firm. 

(j) Briefs in Related Cases. 

Parties may not file entirely duplicative briefs in related cases. If all 

or a portion of a brief is duplicative of a brief in a related case, as 

defined by Federal Circuit Rule 47.5, the filing party must so advise 

the court at the beginning of the brief or section containing the 

duplicative content. 
PROPOSED AMENDMENTS FEDERAL CIRCUIT RULES OF PRACTICE SEPTEMBER 2022 

19 

FEDERAL CIRCUIT RULE 28.1 

Cross-Appeals 

(a) Page Limitation. 

Unless it complies with Federal Circuit Rule 28.1(b), the appellant's 

principal brief must not exceed thirty (30) pages; the appellee's 

principal and response brief, thirty-five (35) pages; the appellant's 

response and reply brief, thirty (30) pages; and the appellee's reply 

brief, fifteen (15) pages. 

(b) Type-Volume Limitation. 

(1) The appellant's principal brief or the appellant's response and 

reply brief is acceptable if it meets one of the following: 

(A) it contains no more than 14,000 words; or 

(B) it uses a monospaced face and contains no more than 

1,300 lines of text. 

(2) The appellee's principal and response brief is acceptable if it 

meets one of the following: 

(A) it contains no more than 16,500 words; or 

(B) it uses a monospaced face and contains no more than 

1,500 lines of text. 

(3) The appellee's reply brief is acceptable if it meets one of the 

following: 

(A) it contains no more than 7,000 words; or 

(B) it uses a monospaced face and contains no more than 650 

lines of text. 

(c) Certificate of Compliance. 

A brief submitted under this rule must comply with Federal Circuit 

Rule 32(b)(3). 
PROPOSED AMENDMENTS FEDERAL CIRCUIT RULES OF PRACTICE SEPTEMBER 2022 

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FEDERAL CIRCUIT RULE 28 

(d) Brief Contents. 

Appellant’s principal brief must comply with Federal Circuit Rule 

28(a). Appellee’s principal and response brief must comply with 

Federal Circuit Rule 28(a), and (b) to the extent that it refers to the 

statement of the case. Appellee’s principal and response brief must 

also include the addendum under Federal Circuit Rule 28(ac)(11) to 

the extent that the materials differ from those produced in the 

appellant’s principal brief. Appellant’s response and reply brief must 

comply with Federal Circuit Rule 28(b). 
PROPOSED AMENDMENTS FEDERAL CIRCUIT RULES OF PRACTICE SEPTEMBER 2022 

21 

FEDERAL CIRCUIT RULE 30 

Appendix to the Briefs 

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

Multiple Volumes; Failure to File. 

(1) Contents. 

(A) In addition to the material required by Federal Rule of 

Appellate Procedure 30(a)(1)(A), (B), and (C), the 

appendix must include the following: 

(i) the entire docket sheet, certified list, or index from 

the proceedings below; 

(ii) in an appeal from a jury case, the judge’s charge, 

the jury’s verdict, and the jury’s responses to 

interrogatories; and 

(iii) in an appeal involving a patent or patent 

application, theany patents in suitor applications 

at issue on appeal in itstheir entirety. Any other 

patents included in an appendix must be included 

in their entirety. 

(B) Parts of the record must not be included in the appendix 

unless they are cited in the briefs. Parties must, however, 

include in the appendix sufficient surrounding record and 

transcript pages to provide context for a cited excerpt, as 

well as the transcript cover page identifying participating 

counsel if included in the record. Inclusion of unnecessary 

pages in the appendix is prohibited. 

(C) In an appeal from the Patent and Trademark Office, 

unless the parties agree otherwise, the appendix must 

include the following: 

(i) a copy of all rejected claims that are being appealed 

from a final decision of the Patent Trial and Appeal 

Board; 

(ii) a copy of all counts in a patent interference appeal 

or claims involved in a derivation proceeding; and 

(iii) a copy of the trademark sought to be registered or 

cancelled and a copy of any registration relied on to 

refuse or oppose registration or to seek cancellation 

of registered mark in a trademark appeal. 

(D) If the appellant includes in the appendix material 
PROPOSED AMENDMENTS FEDERAL CIRCUIT RULES OF PRACTICE SEPTEMBER 2022 

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FEDERAL CIRCUIT RULE 30 

counter-designated by the appellee under Federal Circuit 

Rule 30(b) that the appellant considers to be included in 

violation of this rule, the appellant may so advise the 

appellee and the appellee must advance the costs of 

including those parts in the appendix. 

(E) The following must not be included in the appendix except 

by leave of the court, and any motion for leave must state 

the number of pages requested to be included: 

(i) briefs and memoranda, except as permitted by 

Federal Circuit Rule 30(a)(1)(F); 

(ii) notices; 

(iii) subpoenas — except where the enforcement or 

validity of a subpoena is at issue; 

(iv) summonses — except in appeals from the Court of 

International Trade; 

(v) motions to extend time; or 

(vi) jury lists. 

(F) Nothing in Federal Circuit Rule 30 prohibits from 

designation and inclusion in an appendix any of the 

following: 

(i) an examiner’s answer in an ex parte patent case; 

(ii) a trademark examining attorney’s appeal brief in 

an ex parte trademark case; 

(iii) briefs and memoranda in a case where the 

propriety of summary judgment is an issue or 

where there is an issue of waiver; or 

(iv) the notice of appeal. 

(2) Time for Filing. 

The appellant must serve and file the appendix within seven (7) 

days after the last reply brief is served and filed. When there is 

no cross-appeal, if the appellant does not file a reply brief, the 

appendix must be served and filed within the time for filing the 

reply brief. In a cross-appeal, if the cross-appellant does not file 

a reply brief, the appendix must be served and filed within seven 

(7) days after the time for filing the cross-appellant’s reply brief 

has expired. 
PROPOSED AMENDMENTS FEDERAL CIRCUIT RULES OF PRACTICE SEPTEMBER 2022 

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FEDERAL CIRCUIT RULE 30 

(3) Number of Copies. 

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

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

(4) Appendix Volumes. 

No appendix volume filed electronically may exceed 400 sheets 

of paper when printed. Appendices exceeding 400 printed sheets 

of paper must be divided into separate volumes before filing. A 

multi-volume appendix must have a volume number in Roman 

numerals and the pages included in the volume listed at the top 

of the cover of each volume (e.g., Volume II, Pages 542 to 813). 

Parties must not include a volume number on the cover of an 

appendix if that appendix consists of only one volume. A 

complete table of contents or index must be included in each 

volume of the appendix.0F

*

(5) Consequence of Failing to File an Appendix. 

If the appellant fails to file the appendix, the clerk of court is 

authorized to dismiss the case. 

(b) Preparing the Appendix. 

(1) Designation of Material. 

The parties must compile a designation of material, consisting of 

all items in the record and other items required by Federal 

Circuit Rule 30, from which the appendix will be prepared. 

(A) To the extent practicable, the parties must attempt to 

agree on the designation no later than forty-five (45) days 

prior to the deadline for the appellant’s principal brief. 

(B) If the parties cannot agree within the timeframe, the 

appellant must serve its designation on the appellee along 

with a statement of the issues the appellant intends to 

present no later than thirty (30) days prior to the deadline 

for the appellant’s principal brief. Within fourteen (14) 

days after service of appellant’s designation, the appellee 

may serve on the appellant a counter-designation of 

additional material, which the appellant must include, or 

*Ed. Note: Refer to the Practice Notes to Rule 30 (Appendix Volumes) for further explanation of this 

requirement. 
PROPOSED AMENDMENTS FEDERAL CIRCUIT RULES OF PRACTICE SEPTEMBER 2022 

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FEDERAL CIRCUIT RULE 30 

inform the appellant that no additional material needs to 

be added. 

(2) Pagination. 

(A) The appellant must assign consecutive page numbers to 

the designated material and serve on all parties either a 

table reflecting the page numbers of each item or, if not 

prohibited by an outstanding protective order, a physical 

compilation of the material with the assigned page 

numbers shown. 

(B) The first page numbers in the designated material must 

be assigned to all judgments, orders, agency actions, or 

other decisions appealed from and any opinions, 

memoranda, or findings and conclusions supporting them, 

including any rehearing opinions or orders. Other items 

must follow in accordance with Federal Rule of Appellate 

Procedure 30(d). 

(C) The pages of the designated material must be numbered 

by the automated Bates numbering feature of the 

software used to convert the document into a PDF and 

must be in the format required by the clerk of court in the 

court’s Electronic Filing Procedures. 

(3) Extension of Time. 

The parties may extend the time to complete the designation 

without leave of the court; however, the designation and 

pagination must be completed before the appellant files its 

principal brief or the parties must move to extend the time to 

file the brief. If the designation cannot be timely completed due 

to a pending transcript request, an affidavit detailing what has 

been done to expedite transcription must be attached to the 

motion. 

(4) Prohibition on Filing. 

The parties are prohibited from filing the designation of 

material and any counter-designation, table of page numbers, or 

physical compilation with the court. 

(5) Preparation of Appendix. 

The appellant must prepare the appendix by selecting from the 

designated material only items required by these rules and 

pages specifically cited in the briefs of the parties, including the 

briefs of intervenors and amici. Pages not cited in the briefs — 
PROPOSED AMENDMENTS FEDERAL CIRCUIT RULES OF PRACTICE SEPTEMBER 2022 

25 

FEDERAL CIRCUIT RULE 30 

other than items required by these rules — must be omitted 

from the appendix. If all material designated by the parties 

comprises no more than 100 pages, the entire designation may 

be filed as the appendix and combined with the appellant’s 

principal brief pursuant to Federal Circuit Rule 30(d). 

(c) Format of Appendix. 

(1) Arrangement of Appendix. 

Federal Rule of Appellate Procedure 30(d) governs the 

arrangement of the appendix, except the judgments, orders, 

agency actions, or other decisions appealed from and any 

opinions, memoranda, or findings and conclusions supporting 

them, including any rehearing opinions or orders, must be 

placed first in the appendix. Pursuant to Federal Circuit Rule 

25.1(e)(1)(A), if the appendix must include an excerpt of a 

statute imposing confidentiality or a judicial or administrative 

protective order, the excerpt or order must appear before the 

first page and may be paginated with Roman numerals.1F

*

(2) Pagination. 

The page numbers in the appendix must be those assigned to 

the designated material in accordance with Federal Circuit Rule 

30(b), and the pages must appear in numerical order. The pages 

must retain the Bates numbering of the designated material. 

The page numbers must appear centered in the bottom margin 

of each page and meet the font size requirements of Federal 

Rule of Appellate Procedure 32(a)(5). Other marks must be 

redacted if necessary to avoid confusion. Omission of pages need 

not be noted (e.g., page 102 may be followed by page 230 without 

stating that pages 103–229 are not reproduced). 

(3) Printing. 

The court encourages the double-sided printing of the pages of 

the appendix, an appendix combined with a brief, and an 

addendum. 

(d) Combined Brief and Appendix. 

*The table of contents must still appear before all contents. See Fed. R. App. P. 30(d). 
PROPOSED AMENDMENTS FEDERAL CIRCUIT RULES OF PRACTICE SEPTEMBER 2022 

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FEDERAL CIRCUIT RULE 30 

(1) When a brief and appendix are combined, the title on the cover 

must so indicate. 

(2) If either the appendix agreed upon by the parties or the 

designated material comprises no more than 100 pages, it may 

be bound together with the appellant’s or petitioner’s principal 

brief as a combined brief and appendix. 

(e) Separate or Supplemental Appendix. 

Except as provided below, no party may file a separate or 

supplemental appendix without leave of the court. 

(1) Appellee’s Appendix in an Unrepresented Party’s Case. 

In cases involving only unrepresented appellants who have 

failed to participate in determining the contents of the appendix 

or have filed an inadequate appendix, the appellee may file an 

appendix containing material permitted by Federal Circuit Rule 

30(a). Should the appellee file such an appendix, the appellants 

may then attach additional material permitted by Federal 

Circuit Rule 30(a) to any reply brief.

(2) Appendix Filed by the United States as an Appellee or 

Intervenor. 

If all appellants have failed to participate in determining the 

contents of the appendix or have filed an inadequate appendix, 

the United States or an officer or agency of the United States, as 

an appellee or intervenor, may file an appendix containing 

material permitted by Federal Circuit Rule 30(a). 

(3) Cover and Binding. 

If a separate or supplemental appendix contains no more than 

100 pages, it may be bound together with the filer’s principal 

brief. If it is separately bound, then the cover must be red. 

(4) Pagination. 

The pages of a separate or supplemental appendix must be 

numbered by the automated Bates numbering feature of the 

software used to convert the document into a PDF and must be 

in the format required by the clerk of court in the court’s 

Electronic Filing Procedures. The separate or supplemental 

appendix need not follow any designated material pagination. 

(5) Time for Filing. 

Any separate or supplemental appendix must be filed within 
PROPOSED AMENDMENTS FEDERAL CIRCUIT RULES OF PRACTICE SEPTEMBER 2022 

27 

FEDERAL CIRCUIT RULE 30 

seven (7) days after the appendix would be due under Federal 

Circuit Rule 30(a)(2). 

(f) Costs. 

The costs of the table of page numbers or the copy of the physical 

compilation of the designated material in Federal Circuit Rule 30(b)

may be assessed as provided in Federal Rule of Appellate Procedure 

30(b)(2). Costs associated with the inclusion of material under Federal 

Circuit Rule 30(a)(1)(D) may be recovered. 

(g) Appendices Containing Confidential or Sealed Material. 

Federal Circuit Rule 25.1 applies to confidential or sealed material in 

appendices, exhibits, addenda, and attachments. 

(h) Unrepresented Party’s Informal Appendix. 

An informal brief will be considered filed with an appendix if it 

includes a copy of the judgment and opinion of the trial court or the 

final order of an administrative agency. The initial decision of the 

administrative judge must also be included in the appendix in a Merit 

Systems Protection Board case. If an unrepresented party chooses to 

separately file an appendix, then the items noted above must be 

included if they are not already attached to the informal brief. 

(i) Electronic Appendix Material Unable to Be Produced in Paper. 

When the record has been perpetuated in whole or in part in an 

electronic format and that portion of the record cannot be reproduced 

in a nonelectronic format, those portions of the record that would 

properly be included in the appendix if they were in documentary form 

will be considered supplementary appendix material. 

(1) Copies. 

Four (4) copies must be filed on an electronic medium no later 

than the time to file the paper copies of the appendix under 

Federal Circuit Rule 25(c)(3). These copies must be 

accompanied by a cover letter that includes the case number, 

short case name, and corresponding appendix page(s). 

(2) Statement Concerning Instructions and Malware. 

The copies must be accompanied by an affidavit or unsworn 

declaration under penalty of perjury under 28 U.S.C. § 1746, 

preferably within or attached to the packaging, that does the 

following: 
PROPOSED AMENDMENTS FEDERAL CIRCUIT RULES OF PRACTICE SEPTEMBER 2022 

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FEDERAL CIRCUIT RULE 30 

(A) sets forth the instructions for viewing the submission and 

the minimum equipment required for viewing; and 

(B) verifies the absence of computer malware and lists the 

software used to ensure that the submission is free of any 

malware. 

(3) Slip Sheet. 

A slip sheet representing the supplementary appendix material 

must be placed in the electronically filed appendix and 

corresponding paper copies. The slip sheet must bear proper 

appendix pagination and be included in the appendix where the 

material would have appeared. No separate notification is 

required. 
PROPOSED AMENDMENTS FEDERAL CIRCUIT RULES OF PRACTICE SEPTEMBER 2022 

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FEDERAL CIRCUIT RULE 31 

Serving and Filing Briefs 

(a) Time for Service and Filing. 

(1) Brief of Appellant or Petitioner. 

(A) In an appeal from a court, the appellant must serve and 

file its principal brief within sixty (60) days after 

docketing. 

(B) In an appeal from an agency, the petitioner or appellant 

must serve and file its principal brief within sixty (60) 

days after the certified list or index is served pursuant to 

Federal Circuit Rule 17(c). 

(C) When two or more appellants or petitioners choose to 

proceed by filing a single brief, that brief must be served 

and filed no later than the latest date on which the 

principal brief of any of those appellants or petitioners is 

due. 

(D) In consolidated cases in which more than one set of 

parties filed a notice of appeal or petition for review, the 

deadline for the principal brief of the appellant or 

petitioner is computed from the docketing date of the lastdocketed case or the date of service of the last-served 

certified list or index. In consolidated cross-appeals, the 

deadline is computed from the docketing date of the firstdocketed case or date of service of the first-served certified 

list or index. 

(2) Brief of Appellee or Cross-Appellant. 

The appellee or cross-appellant must serve and file its principal 

brief within forty (40) days after the appellant’s brief is served. 

In a petition for review or appeal from an agency, if the certified 

list or index is served after the appellant’s principal brief, the 

appellee or cross-appellant must service and file its principal 

brief within forty (40) days after service of the certified list or 

index. 

(3) Cross-Appeal. 

In a cross-appeal, the following apply: 

(A) the appellant must serve and file its response and reply 

brief within forty (40) days after the cross-appellant’s 

principal and response brief is served; and 
PROPOSED AMENDMENTS FEDERAL CIRCUIT RULES OF PRACTICE SEPTEMBER 2022 

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FEDERAL CIRCUIT RULE 31 

(B) the cross-appellant must serve and file its reply brief 

within twenty-one (21) days after the appellant’s response 

and reply brief is served. 

(4) Brief Responding to Multiple Parties. 

A brief that responds to the briefs of multiple parties must be 

served and filed within the time prescribed after service of the 

last of those briefs. If one party timely files its brief and another 

party fails to file, then the deadline for any responsive brief will 

be calculated from the date of service of the filed brief or the 

date the unfiled brief was due, whichever is later. 

(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). 

(c) Certain Motions Suspend the Briefing Schedule. 

When a motion is filed that, if granted, would terminate an appeal, 

cross-appeal, or consolidated appeal, the briefing schedule is 

suspended. This suspension does not apply to an appellant’s principal 

brief if the motion would only terminate a cross-appeal. If the motion 

is denied, the next brief becomes due, unless the court orders 

otherwise, within the balance of the time remaining under this rule 

when the motion was filed, but not fewer than fourteen (14) days from 

the date of the order.

(d) Consequence of Failure to File a Brief by Appellant or 

Petitioner. 

If the appellant or petitioner fails to file a principal brief, the clerk of 

court is authorized to dismiss the case. 

(e) Time for Filing Informal Brief; Time for Filing. 

(1) Brief of Appellant or Petitioner. 

(A) In an appeal from a court, an unrepresented appellant 

filing an informal brief must serve and file the brief within 

twenty-one (21) days after the appeal is docketed. 

(B) In a petition for review or an appeal from an agency, 

board, commission, or arbitrator, an unrepresented petitioner or 

appellant filing an informal brief must serve and file the brief 

within twenty-one (21) days after the certified list or index is 
PROPOSED AMENDMENTS FEDERAL CIRCUIT RULES OF PRACTICE SEPTEMBER 2022 

31 

FEDERAL CIRCUIT RULE 31 

served pursuant to Federal Circuit Rule 17(c). 

(2) Brief of Appellee or Respondent. 

An appellee or respondent filing an informal brief must serve 

and file the brief within twenty-one (21) days after the 

petitioner’s or appellant’s brief is served. In a petition for 

review or appeal from an agency, if the certified list or index is 

served after the appellant’s or petitioner’s brief, the appellee or 

respondent must serve and file its informal brief within twentyone (21) days after the certified list or index is served. 

(3) Reply Brief. 

When an informal brief is used, any reply brief must be served 

and filed within fourteen (14) days after the respondent’s or 

appellee’s brief is servedThe deadlines to serve and file informal 

briefs are the same as those for briefs are not informal. See 

Federal Rule of Appellate Procedure 31(a)(1) and Federal Circuit 

Rule 31(a).
PROPOSED AMENDMENTS FEDERAL CIRCUIT RULES OF PRACTICE SEPTEMBER 2022 

32 

FEDERAL CIRCUIT RULE 32 

Form of Briefs, Appendices, and Other Papers 

(a) Cover. 

(1) Official Caption.

 Whenever a document is filed with a cover, that cover must 

contain the official caption provided by the clerk of court, unless 

noted otherwise in these rules. See Federal Circuit Rule 12(b)

and Federal Circuit Rule 15(b)(4). This caption satisfies the 

requirement under Federal Rule of Appellate Procedure 

32(a)(2)(C).

(2) Prohibitions. 

“Nonconfidential” or “public” may not appear on the cover or 

first page of any filing unless there is a corresponding 

confidential version.

(3) Appeals Involving Patents.

When the language of a patent or patent application is at issue 

in the appeal, each party’s principal brief must include the 

language of one or more exemplary patent claims illustrative of 

the issue(s) on appeal on the inside of the front cover (or 

immediately following the front cover if the language requires 

more space). The text of any reproduced claim may be singlespaced.

(b) Type-Volume Limitations. 

(1) Brief Word or Line Limitation. 

A principal brief may exceed thirty (30) pages in length if it 

contains no more than 14,000 words, or 1,300 lines of text if 

using a monospaced typeface. A reply brief may exceed fifteen 

(15) pages in length if it contains no more than 7,000 words, or 

650 lines of text if using a monospaced typeface. 

(2) Exclusions. 

In addition to the items listed in Federal Rule of Appellate 

Procedure 32(f) that are not counted in the type-volume 

limitations of these rules, the following items do not count 

toward those limitations: 

(A) certificate of interest; 

(B) statement of related cases; 
PROPOSED AMENDMENTS FEDERAL CIRCUIT RULES OF PRACTICE SEPTEMBER 2022 

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FEDERAL CIRCUIT RULE 32 

(C) any addendum; 

(D) any requirements under Federal Circuit Rule 25.1(e);

(E) the cover page, the inside of the front cover, or text 

required to appear on the first page of a filing in lieu of a 

cover page; and 

(EF) statement of counsel for a petition for hearing or 

rehearing en banc under Federal Circuit Rule 35(b).

(3) Certificate of Compliance for Briefs. 

Each brief exceeding the page limitation under Federal Rule of 

Appellate Procedure 32(a)(7)(A) or Federal Circuit Rule 28.1(a)

must include a certificate of compliance with the type-volume 

limitation that adheres to the requirements in Federal Rule of 

Appellate Procedure 32(g). It is the responsibility of the filing 

party to ensure that the certificate of compliance is accurate. 

(c) Informal Brief. 

An informal brief must be prepared on a form provided by the clerk of 

court. The form contains instructions for preparing and filing an 

informal brief. An informal principal brief should be typewritten, but 

block printing or, as a last resort, legible handwriting is permitted. An 

informal principal brief including continuation pages must not exceed 

thirty (30) pages of typewritten double-spaced text or its equivalent. 

An informal reply brief must not exceed fifteen (15) pages of 

typewritten double-spaced text or its equivalent. If prepared on the 

court’s form, the form pages count against the total page limitation. 

The paper informal briefs may be secured by a single staple in the lefthand corner in lieu of any other form of binding required by Federal 

Circuit Rule 32(h). 

(d) Form of Appendix or Addendum. 

The court encourages the double-sided printing of the pages of the 

appendix, an appendix combined with a brief, and an addendum. 

(e) Pagination. 

Submissions to the court over two (2) pages must include page 

numbers. The page number must be centered at the bottom of the 

page and need not be included on a cover page.

(f) Page Proof. 

Page proof copies of documents must not be filed with the court. 
PROPOSED AMENDMENTS FEDERAL CIRCUIT RULES OF PRACTICE SEPTEMBER 2022 

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FEDERAL CIRCUIT RULE 32 

(g) Signature Authority; Multiple Signatures. 

(1) Appearance Prerequisites. 

After a case is docketed, documents filed in that case on behalf 

of a represented party can only be signed by an attorney who 

has filed an entry of appearance for that party. 

(2) Signature Authority. 

Any person having actual authority may sign a document on 

behalf of counsel or an unrepresented party who is unavailable 

to sign or incapable of signing, provided the filing also includes 

as an attachment an affidavit of authority or an unsworn 

declaration of authority under penalty of perjury pursuant to 28 

U.S.C. § 1746. 

(3) Documents Requiring Multiple Signatures. 

Any document requiring the signature of more than one party or 

individual must include the signature of the filer and account for 

all other signatures in either one or a combination of the 

following fashions: 

(A) The document may contain the handwritten signatures of 

the other parties or individuals. 

(B) The document may contain the electronic signatures of 

the other parties or individuals with their consent and 

must so state that consent. 

(C) The document may identify the other parties or 

individuals required to sign, and those parties or 

individuals must file a notice endorsing the signature 

within three (3) business days after filing. 

(h) Binding. 

Paper copies of briefs and appendices must be securely bound along the 

left margin to ensure that the bound copies will not loosen or fall apart 

and that the brief will lie reasonably flat when open.

(i) Extraneous Markings. 

Parties must not include any highlighting or extraneous markings 

within either the briefs or the appendix beyond confidentiality 

notations required by these rules or markings that originally appeared 

on appendix materials in the record below. 
PROPOSED AMENDMENTS FEDERAL CIRCUIT RULES OF PRACTICE SEPTEMBER 2022 

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3BFEDERAL CIRCUIT RULE 33 

0BAppeal Conferences 

1B(a) Settlement Discussion; Joint Statement of Compliance or 

Agreement to Dismiss. 

(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). This 

requirement does not apply to intervenors on appeal.

(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). 

2B(b) Other Settlement Discussions. 

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 decision. 
PROPOSED AMENDMENTS FEDERAL CIRCUIT RULES OF PRACTICE SEPTEMBER 2022 

36 

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. 

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 athis 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). 

PRACTICE NOTES TO RULE 33.1 

Docketing Statement Form.

Using Federal Circuit Form 26 satisfies the docketing statement 

requirements under Federal Circuit Rule 33.1(b). 
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37 

FEDERAL CIRCUIT RULE 34 

Oral Argument 

(a) Reply Brief Instead of Oral Argument. 

If an appeal is not called for oral argument and the appellant 

declined to file a reply brief in anticipation of replying during oral 

argument, the appellant may file a reply brief within fourteen (14) 

days after the notice that the appeal will be submitted on the briefs. 

(b) Time Allowed. 

The time allowed each side for oral argument will be determined by 

the court. The clerk of court will advise the parties of the time 

allotted. A party is not obliged to use all the time allowed. The court 

may terminate the argument if it deems further argument 

unnecessary. 

(c) Visual Aids. 

(1) Visual Aids Used at a Trial or Administrative Hearing; 

Notice. 

If a party intends to display at oral argument a visual aid used 

at a trial or administrative hearing, the party must advise the 

court by letter no later than fourteen (14) days before 

argument. 

(2) Visual Aids Not Used at a Trial or Administrative 

Hearing; Notice. 

If a party intends to display at oral argument a visual aid that 

was not used at a trial or administrative hearing, the party 

must give notice to opposing counsel and notify the court by 

letter no later than twenty-one (21) days before argument. 

(3) Objection to the Use of Visual Aids. 

An objection to the proposed use of a visual aid at oral 

argument must be submitted as a letter and filed no later than 

seven (7) days before the oral argument. If a party objects, the 

parties’ submissions will be treated as a motion and response 

and will be referred to the panel. 

(4) Scope. 

Presentation programs or projection equipment may not be 

utilized during argument without leave of the court. A motion 

for leave must be filed no later than twenty-one (21) days 

before argument. This rule does not preclude use of a 
PROPOSED AMENDMENTS FEDERAL CIRCUIT RULES OF PRACTICE SEPTEMBER 2022 

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FEDERAL CIRCUIT RULE 34 

chalkboard or equivalent supplied by the party. 

(5) Disposition. 

The clerk of court may dispose of visual aids not removed by 

the parties. 

(d) Scheduling Conflicts. 

(1) Notice from the Clerk. 

In cases to be scheduled for oral argument, the clerk of court 

will issue a notice to the parties following the end of briefing to 

request scheduling conflict information from counsel. 

(2) Requirement to Notify of Conflicts. 

Within seven (7) days after the clerk of court issues a notice

requesting scheduling conflicts, the parties must notify the 

court in writing of any scheduling conflictsfile a completed 

response on the form prescribed by the clerk of court, even if 

no scheduling conflicts exist. Until the case is scheduled for 

argument or submitted or resolved without argument, counsel 

has a continuing obligation to advise the court of any 

additional scheduling conflicts or changes to existing 

scheduling conflicts that arise after counsel responds to the 

clerk of court’s initial notice. 

(3) Good Cause Requirement. 

Arguing counsel must show good cause for each identified 

scheduling conflict; conflicts that do not provide sufficient 

showing of good cause will not be considered. If arguing 

counsel fails to show good cause for a scheduling conflict in 

advance of scheduling and the court schedules the case on a 

day arguing counsel is unavailable, then the case will not be 

rescheduled absent a showing of compelling reason and leave 

of court.

(4) Delegation of Authority.

 The court may delegate to the clerk of court the authority to 

impose additional limitations on scheduling conflicts, 

including limiting counsel to a specified number of scheduling 

conflicts, and to accept or reject individual conflict dates for 

lack of good cause.
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FEDERAL CIRCUIT RULE 34 

(e) Arguing Counsel. 

(1) Notice of Oral Argument; Required Response. 

The clerk of court will notify parties when a case has been 

scheduled for argument. Arguing counselEach party must 

respond to the notice of oral argument on the form prescribed 

by the clerk of court within the time requested by the clerk of 

court. 

(2) Limitation on the Number of Arguing Counsel. 

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

argument, no more than two (2) counsel may argue on behalf 

of each side and no more than one (1) counsel may argue on 

behalf of each party or on behalf of parties represented by the 

same counsel or by counsel from the same firm. 
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40 

FEDERAL CIRCUIT RULE 35 

En Banc Determination 

(a) General. 

(1) Arguing to a Panel to Overrule a Precedent. 

Although only the court en banc may overrule a binding 

precedent, a party may argue, in its brief and oral argument, to 

overrule a binding precedent without petitioning for hearing en 

banc. The panel will decide whether to ask the judges in regular 

active service to consider hearing the case en banc. 

(2) Frivolous Petition. 

A petition for hearing or rehearing en banc that does not meet 

the standards of Federal Rule of Appellate Procedure 35(a) may 

be deemed frivolous and sanctions may be imposed. 

(b) Statement of Counsel. 

(1) Petition for Hearing En Banc. 

A petition that an appeal be initially heard en banc must 

contain the following statement of, and separately signed by, 

counsel at the beginning: 

Based on my professional judgment, I believe this appeal 

requires an answer to one or more precedent-setting 

questions of exceptional importance: (set forth each 

question in a separate sentence). 

(2) Petition for Rehearing En Banc. 

A petition that an appeal be reheard en banc must contain one 

or both of the following statements of, and separately signed by, 

counsel at the beginning: 

Based on my professional judgment, I believe the panel 

decision is contrary to the following decision(s) of the 

Supreme Court of the United States or the precedent(s) of 

this court: (cite specific decisions). 

Based on my professional judgment, I believe this appeal 

requires an answer to one or more precedent-setting 

questions of exceptional importance: (set forth each 

question in a separate sentence). 
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FEDERAL CIRCUIT RULE 35 

(c) Number ofPaper Copies. 

Eighteen (18) pPaper copies of any petitions for hearing or rehearing 

en banc, combined petitions, or related responses must be filed with 

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

(d) Combined Petition for Panel Rehearing and Rehearing En 

Banc. 

If a party chooses to file both a petition for panel rehearing under 

Federal Circuit Rule 40 and a petition for a rehearing en banc, then 

the two must not be filed separately and they must be combined. The 

cover of a combined petition must indicate that it is a combined 

petition. 

(e) Contents of Petition for Hearing En Banc, Petition for 

Rehearing En Banc, and Combined Petition; Response. 

(1) Required Contents. 

The required contents for a petition for hearing en banc, petition 

for rehearing en banc, and combined petition are as follows: 

(A) a white cover or first sheet as prescribed in Federal Rule 

of Appellate Procedure 32(c)(2)(A); 

(B) the certificate of interest under Federal Circuit Rule 47.4, 

which must appear immediately after the front page; 

(C) the table of contents; 

(D) the table of authorities; 

(E) the statement of counsel required under Federal Circuit 

Rule 35(b); 

(F) if filing a combined petition, the points of law or fact the 

filer believes the court has overlooked or misapprehended 

as required under Federal Rule of Appellate Procedure 

40(a)(2); 

(G) the argument; 

(H) if filing a petition for rehearing en banc or combined 

petition, a copy of this court’s dispositive order, opinion, or 

judgment of affirmance without opinion attached as an 

addendum; and 

(I) a certificate of compliance that adheres to Federal Rule of 

Appellate Procedure 32(g). 
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FEDERAL CIRCUIT RULE 35 

(2) Response. 

If the court requests a response, which must not exceed 3,900 

words if prepared electronically or fifteen (15) pages otherwise, 

the required contents are as follows: 

(A) a white cover or first sheet as prescribed in Federal Rule 

of Appellate Procedure 32(c)(2)(A); 

(B) the certificate of interest under Federal Circuit Rule 47.4, 

which must appear immediately after the front page; 

(C) the table of contents; 

(D) the table of authorities; 

(E) the argument in response; 

(F) any addendum under Federal Circuit Rule 35(i); and 

(G) a certificate of compliance that adheres to Federal Rule of 

Appellate Procedure 32(g).

(f) Copies of Briefs in Cases to be Heard or Reheard En Banc. 

Paper copies of all briefs and appendices that were before the panel 

that initially heard the appeal, as well as any briefs and appendices 

ordered by the court during en banc consideration, must be provided to 

the court in accordance with Federal Circuit Rule 25(c)(3), unless the 

court directs otherwise. 

(g) Amicus Curiae Brief. 

In addition to the content requirements under Federal Rule of 

Appellate Procedure 29(b)(4), the following apply to amicus curiae 

briefs filed during the court’s consideration of whether to grant a 

petition for hearing en banc, petition for rehearing en banc, or 

combined petition for panel rehearing and rehearing en banc, except as 

otherwise permitted or directed by the court. 

(1) Leave. 

The brief must be accompanied by a motion for leave to file. 

(2) Timeliness. 

Any brief and motion for leave must be filed within fourteen (14) 

days after the date of the filing of the petition or response that 

the amicus curiae supports. If the amicus curiae does not 

support either party, then the brief and motion must be filed 

within fourteen (14) days after the date of the filing of the 
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FEDERAL CIRCUIT RULE 35 

petition. 

(3) Type-Volume Limitation. 

The brief must not exceed 2,600 words if prepared electronically 

or ten (10) pages otherwise. 

(4) Number ofPaper Copies. 

Eighteen (18) pPaper copies of the brief must be provided to the 

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

(h) Informal En Banc Petition; Response. 

(1) Informal Petition. 

An unrepresented party may file three (3) copies of an informal 

petition for hearing en banc, petition for rehearing en banc, or 

combined petition for panel rehearing and rehearing en banc in 

letter form not to exceed fifteen (15) typewritten double-spaced 

pages, attaching to each a copy of the dispositive order, opinion, 

or judgment sought to be reheard, if applicable. 

(2) Informal Response. 

If the court requests a response to an informal petition for 

hearing en banc, informal petition for rehearing en banc, or 

informal combined petition for panel rehearing and rehearing en 

banc, or if the court requests an unrepresented party to respond 

to a formal petition, the response may be informal. The informal 

response may not exceed fifteen (15) typewritten double-spaced 

pages, and three (3) copies must be filed in accordance with 

Federal Circuit Rule 25(c)(3). 

(i) Addendum Contents. 

(1) Court’s Decision. 

A copy of the dispositive order, opinion, or judgment of 

affirmance without opinion sought to be reheard must be bound 

with the petition as an addendum. 

(2) Reproduction of Statutes, Rules, Regulations, etc. 

If the court’s determination of the issues presented requires the 

study of statutes, rules, regulations, etc., the relevant parts 

must be set out in the petition or response, or in any addendum 

attached to the petition or response. 
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FEDERAL CIRCUIT RULE 35 

(3) Other Material. 

Material not listed in subsections (1)–(2) above or permitted 

under Federal Rule of Appellate Procedure 32.1(b) may not be 

included as an addendum without leave of the court. 

(j) Time. 

A petition for rehearing en banc or combined petition for panel 

rehearing and rehearing en banc must be filed within the time 

prescribed for a petition for panel rehearing under Federal Circuit 

Rule 40(d). 
PROPOSED AMENDMENTS FEDERAL CIRCUIT RULES OF PRACTICE SEPTEMBER 2022 

45 

PRACTICE NOTES TO RULE 38 

Warning Against Filing or Proceeding with a Frivolous Appeal or 

Petition. 

The court’s early decision in Asberry v. United States, 692 F.2d. 1378 

(Fed. Cir. 1982), established the policy of enforcing this rule vigorously. 

Since then, many precedential opinions have included sanctions under 

the rule. Damages, double costs, and attorney fees, singly or in 

varying combinations, have been imposed on counsel, parties, and 

unrepresented petitioners for pursuing frivolous appeals. 

Challenging a Frivolous Appeal. 

If an appellee or respondent considers an appeal or petition frivolous, 

the appellee or respondent must file a separate motion with that 

allegation. The assertion that an appeal is frivolous must be 

accompanied by citation to the opposing brief or the record below with 

clear argument as to why those citations establish that the appeal is 

frivolous. A party whose case has been challenged as frivolous is 

expected to respond or to request dismissal of the case.

Motions for Sanctions. 

Motions for sanctions under this rule are filed in accordance with the 

requirements of Federal Rule of Appellate Procedure and Federal 

Circuit Rule 27.
PROPOSED AMENDMENTS FEDERAL CIRCUIT RULES OF PRACTICE SEPTEMBER 2022 

46 

FEDERAL CIRCUIT RULE 40 

Petition for Panel Rehearing 

(a) Contents of Petition for Panel Rehearing. 

The required contents for a petition for panel rehearing are as follows: 

(1) a white cover or first page as prescribed in Federal Rule of 

Appellate Procedure 32(c)(2)(A); 

(2) the certificate of interest under Federal Circuit Rule 47.4, which 

must appear immediately after the front page; 

(3) the table of contents; 

(4) the table of authorities; 

(5) the points of law or fact overlooked or misapprehended by the 

court; 

(6) the argument; 

(7) an addendum containing a copy of the court’s dispositive order, 

opinion, or judgment of affirmance without opinion; and 

(8) a certificate of compliance that adheres to Federal Rule of 

Appellate Procedure 32(g). 

(b) Addendum Contents. 

(1) Court’s Decision. 

A copy of the dispositive order, opinion, or judgment of 

affirmance without opinion sought to be reheard must be bound 

with the petition for panel rehearing as an addendum. 

(2) Reproduction of Statutes, Rules, Regulations, etc. 

If the court’s determination of the issues presented requires the 

study of statutes, rules, regulations, etc., the relevant parts 

must be set out in the petition or response, or in any addendum 

attached to the petition or response. 

(3) Other Material. 

Material not listed in subsections (1)–(2) above or permitted 

under Federal Rule of Appellate Procedure 32.1(b) may not be 

included as an addendum without leave of the court. 
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FEDERAL CIRCUIT RULE 40 

(c) Response. 

If the court requests a response, which must not exceed 3,900 words if 

prepared electronically or fifteen (15) pages otherwise, the required 

contents are as follows: 

(1) a white cover or first sheet with the information prescribed in 

Federal Rule of Appellate Procedure 32(c)(2)(A); 

(2) the certificate of interest under Federal Circuit Rule 47.4, which 

must appear immediately after the front page; 

(3) the table of contents; 

(4) the table of authorities; 

(5) the argument; 

(6) any addendum under Federal Circuit Rule 40(b); and 

(7) a certificate of compliance that adheres to Federal Circuit Rule 

32(g)(1). 

(d) Time. 

Except for a civil case in which the United States or its officer or 

agency is a party, a petition for panel rehearing may be filed within 

thirty (30) days after entry of judgment. If the United States or its 

officer or agency is a party, a petition for panel rehearing may be filed 

within forty-five (45) days after entry of judgment. 

(e) Informal Petition for Panel Rehearing; Response. 

(1) Informal Petition. 

An unrepresented party may file three (3) copies of an informal 

petition for panel rehearing in letter form not to exceed fifteen 

(15) typewritten double-spaced pages, attaching to each a copy of 

the dispositive order, opinion, or judgment sought to be reheard. 

(2) Informal Response. 

If the court requests a response to an informal petition for panel 

rehearing, or if the court requests an unrepresented party to 

respond to a formal petition for panel rehearing, the response 

may be informal. The informal response may not exceed fifteen 

(15) typewritten double-spaced pages, and three (3) copies must 

be filed in accordance with Federal Circuit Rule 25(c)(3). 
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FEDERAL CIRCUIT RULE 40 

(f) Amicus Curiae Brief. 

In addition to the content requirements under Federal Rule of 

Appellate Procedure 29(b)(4), the following apply to amicus curiae 

briefs filed during the panel’s consideration of whether to grant a 

petition for panel rehearing, except as otherwise permitted or directed 

by the court. 

(1) Leave. 

The brief must be accompanied by a motion for leave to file. 

(2) Timeliness. 

Any brief and motion for leave must be filed within fourteen (14) 

days after the date of the filing of the petition or response that 

the amicus curiae supports. If the amicus curiae does not 

support either party, then the brief and motion for leave to file 

the brief must be filed within fourteen (14) days after the date of 

the filing of the petition. 

(3) Type-Volume Limitation. 

The brief must not exceed 2,600 words if prepared electronically, 

or ten (10) pages otherwise. 

(4) Number ofPaper Copies. 

Three (3) pPaper copies of the brief must be provided to the 

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

(g) Number ofPaper Copies. 

Three (3) pPaper copies of any petitions for panel rehearing or 

responses to any petitions for panel rehearing must be provided to the 

court in accordance with Federal Circuit Rule 25(c)(3). 
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FEDERAL CIRCUIT RULE 41 

Issuance of Mandate 

An order granting an unopposed motion to dismissing or remand a 

case on consent or for failure to prosecute, or dismissing or remanding 

a case on motion, will constitute the mandate. Except as above noted, 

in an appeal dismissed by the court sua sponte, the mandate will issue 

in regular course.
PROPOSED AMENDMENTS FEDERAL CIRCUIT RULES OF PRACTICE SEPTEMBER 2022 

50 

FEDERAL CIRCUIT RULE 47.4 

Certificate of Interest 

(a) Purpose; Contents. 

A certificate of interest is required to determine whether recusal by a 

judge is necessary or appropriate. The certificate must contain the 

information below in the order listed. For purposes of subsections (1)–

(4) below, “entity” refers to any party, intervenor, amicus curiae, or 

movant represented in the case by the counsel filing the certificate of 

interest. Negative responses, if applicable, are required as to each 

item. 

(1) The full name of every entity represented in the case by the 

counsel filing the certificate. 

(2) For each entity, the name of every real party in interest, if that 

entity is not the real party in interest. 

(3) For each entity, that entity’s parent corporation(s) and every 

publicly held corporation that owns ten percent (10%) or more of 

its stock. This satisfies the disclosure statement requirement of 

Federal Rule of Appellate Procedure 26.1(a). 

(4) The names of all law firms, partners, and associates that have 

not entered an appearance in the appeal, and 

(A) appeared for the entity in the lower tribunal; or 

(B) are expected to appear for the entity in this court. 

(5) An indication as to whether there are any related or prior cases, 

Oother than the originating case number(s), the title and 

number of any case known to counsel to be pending in this or 

any other court or agency that will directly affect or be directly 

affected by this court’s decision in the pending appealthat meet 

the criteria under Federal Circuit Rule 47.5. 

(6) All information required by Federal Rule of Appellate Procedure 

26.1(b) and (c) that identifies organizational victims in criminal 

cases and debtors and trustees in bankruptcy cases. 

(b) Filing. 

Each party, intervenor, amicus curiae, or movant must file a certificate 

of interest. The certificate must be filed contemporaneously with the 

first-filed entry of appearance. However, the United States, or its 

officers or agencies, and unrepresented individuals are exempt from 

filing a certificate of interest unless disclosing information under 

Federal Circuit Rule 47.4(a)(6) in compliance with Federal Rule of 
PROPOSED AMENDMENTS FEDERAL CIRCUIT RULES OF PRACTICE SEPTEMBER 2022 

51 

FEDERAL CIRCUIT RULE 47.4 

Appellate Procedure 26.1(b). The certificate must also be included 

with each motion, petition, or related response, and in each principal 

brief and brief amicus curiae. 

(c) Changes. 

If any of the information required by Federal Circuit Rule 47.4(a)

changes after the certificate is first filed and before the mandate has 

issued, an amended certificate must be filed within seven (7) days after 

the change.
PROPOSED AMENDMENTS FEDERAL CIRCUIT RULES OF PRACTICE SEPTEMBER 2022 

52 

FEDERAL CIRCUIT RULE 47.5 

Statement of Related Cases Disclosure

(a) Statement of Related Cases. 

Each principal brief and certificate of interest must contain a 

statement of related cases indicating the following: 

(a1) whether any other appeal in or from the same civil action or 

proceeding in the lower court or bodyoriginating tribunal was 

previously before this or any other appellate court, stating the 

following: 

(1A) the title and number of that earlier appeal; 

(2B) the date of decision; 

(3C) the composition of the panel; and 

(4D) the citation of the opinion in the Federal Reporter. 

(b2) the title and number of any case known to counsel to be 

pending in this or any other court or agencytribunal that will 

directly affect or be directly affected by this court’s decision in 

the pending appealcase.

(b) Notice of Related Case Information. 

At the same time a party files its first certificate of interest as 

required by Federal Circuit Rule 47.4(b), the party must also file a 

separate Notice of Related Case Information if there are related or 

prior cases that meet the criteria under Federal Circuit Rule 47.5(a). 

The notice must include the following information: 

(1) A list of those cases, including title and number; and 

(2) A non-duplicative list of the following information, which does 

not need to specifically identify the associated case: 

(A) the names of all parties, past or present, involved in 

those cases; and 

(B) the names of all law firms, partners, and associates that 

appeared in those cases.
PROPOSED AMENDMENTS FEDERAL CIRCUIT RULES OF PRACTICE SEPTEMBER 2022 

53 

PRACTICE NOTES TO RULE 47.7 

Equal Access to Justice Act Application Form. 

Using Federal Circuit Form 20 satisfies the requirements under 

Federal Circuit Rule 47.7(b)(1) for an application for attorney fees 

under the Equal Access to Justice Act.

Motions for Sanctions in the Form of Attorney Fees. 

Motions for sanctions in the form of attorney fees are filed in 

accordance with the requirements of Federal Rule of Appellate 

Procedure and Federal Circuit Rule 27. Federal Circuit Rule 47.7 

does not control the filing and review of such motions.