Final Amendments to the Federal Circuit Rules of Practice 

Effective October 2, 2017 

Federal Circuit Rule 47.4 

Rule 47.4. Certificate of Interest 

(a) Purpose; Contents. To determine whether recusal by a judge is necessary or 

appropriate, an attorney – except an attorney for the United States – for each 

party, including a party seeking or permitted to intervene, and for each amicus 

curiae, must file a certificate of interest. The certificate of interest must be filed 

within 14 days of the date of docketing of the appeal or petition, except that for an 

intervenor or amicus curiae, the certificate of interest must be filed with the motion 

and with the brief. A certificate of interest must be in the form set forth in the 

appendix to these rules, and must contain the information below in the order listed. 

Negative responses, if applicable, are required as to each item on the form. 

(1) The full name of every party or amicus represented in the case by the 

attorney. 

(2) The name of the real party in interest if the party named in the caption is not 

the real party in interest. 

(3) The corporate disclosure statement prescribed in Federal Rule of Appellate 

Procedure 26.1 and identifying each party with its parent corporation or any 

publicly held corporation that owns 10% or more of its stock. 

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

appeared for the party in the lower tribunal or are expected to appear for the 

party in this court and who are not already listed on the docket for the 

current case. 

(5) 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 appeal. 

(b) Filing. The certificate must be filed with the entry of appearance. The certificate 

must also be included with each motion, petition, or response thereto, and in each 

principal brief and brief amicus curiae. When ownership, representation or contact 

information changes an updated Certificate of Interest must be filed when the 

change occurs. 

(c) Changes. If any of the information required in Federal Circuit Rule 47.4(a) changes 

after the certificate is filed and before the mandate has issued, the party must file 

an amended certificate within 7 days of the change. 

 
Final Amendments to the Federal Circuit Rules of Practice 

Effective October 2, 2017 

 

Federal Circuit Rule 47.5 

Rule 47.5. Statement of Related Cases 

Each principal brief and certificate of interest must contain a statement of related cases 

indicating: 

(a) whether any other appeal in or from the same civil action or proceeding in the lower 

court or body was previously before this or any other appellate court, stating: 

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

(2) the date of decision; 

(3) the composition of the panel; and 

(4) the citation of the opinion in the Federal Reporter; 

(b) 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 appeal. 

Practice Note 

CASES THAT ONLY INVOLVE SAME GENERAL LEGAL ISSUE. Cases are 

not “related” within the meaning of Rule 47.4(a)(5) and Rule 47.5(b) simply because 

they involve the same general legal issue, for example, an issue as to the correct 

construction of a statute or regulation.