UNITED STATES COURT OF APPEALS

FOR THE FEDERAL CIRCUIT

RULES OF PRACTICE

FEDERAL RULES OF APPELLATE PROCEDURE

FEDERAL CIRCUIT RULES

PRACTICE NOTES

FEDERAL CIRCUIT ATTORNEY DISCIPLINE RULES

March 1, 2023

Washington, DC

www.cafc.uscourts.gov

PUBLIC DRAFT COPY
Incorporating final amendments to Federal Circuit Rules 25, 26, 27, 28, 28.1, 30, 

31, 32, 33, 33.1, 34, 35, 39, 40, 41, 47.4, 47.5, and 47.6. 

EDITOR’S NOTES

1. This is a public draft copy of the adopted amendments to 

the Federal Circuit Rules of Practice that will go into 

effect on March 1, 2023. Additional typographical and 

non-substantive clerical edits, including format and 

layout, may still be made before final issuance on March 

1 , 2023. 

2. Hyperlinks are for illustrative purposes only and will not 

work. 

3. Internal and editorial cross-references are not final or 

fully shown. 

4. Members of the public may submit any errors to the 

Clerk’s Office at FederalCircuitRules@cafc.uscourts.gov

by the close of business on February 27, 2023. 
Federal Circuit Rules of Practice (March 1, 2023) Page i 

United States Court of Appeals for the Federal Circuit

Circuit Justice

Chief Justice John G. Roberts, Jr.

Chief Judge

Kimberly A. Moore

Circuit and Senior Circuit Judges

Pauline Newman

Haldane Robert Mayer

S. Jay Plager

Alan D. Lourie

Raymond C. Clevenger, III

Alvin A. Schall

William C. Bryson

Richard Linn

Timothy B. Dyk

Sharon Prost

Jimmie V. Reyna

Evan J. Wallach

Richard G. Taranto

Raymond T. Chen

Todd M. Hughes

Kara F. Stoll

Tiffany P. Cunningham

Leonard P. Stark
Federal Circuit Rules of Practice (March 1, 2023) Page ii

Officers of the Court and Senior Staff

Peter R. Marksteiner

CIRCUIT EXECUTIVE AND CLERK OF COURT

Jeffrey Goldberg

GENERAL COUNSEL

Jarrett B. Perlow

CHIEF DEPUTY CLERK

Marilyn Wennes

SENIOR TECHNICAL ASSISTANT

Keisha E. Lynch

CHIEF DEPUTY FOR ADMINISTRATIVE 

SERVICES

Jessica Perovich

CIRCUIT LIBRARIAN

Kevin L. Gates

DIRECTOR OF INFORMATION TECHNOLOGY

(ACTING) 

Advisory Council Members

Deanne E. Maynard, Chair 

Ginger D. Anders

Mel Bostwick

Claudia Burke

Alexander O. Canizares

Eldora Ellison

Adam Keser

Michelle Klancnik

Monica Lateef

Roman Martinez

Sonal N. Mehta

Naveen Modi

Goutam Patnaik

Melissa Patterson

Katherine Smith

ex officio

Peter R. Marksteiner

Jeffrey Goldberg

Deborah M. Miron

Joseph Reisman

Laura P. Masurovsky 
TABLE OF CONTENTS

Federal Circuit Rules of Practice (March 1, 2023) Page ii

Foreword ....................................................................................................................... xi

Title I — Applicability of Rules..................................................................................... 1

Federal Rule of Appellate Procedure 1...................................................................... 1

Scope of Rules; Definition; Title

Federal Circuit Rule 1................................................................................................ 1

Scope of Rules; Definitions; Title

Federal Rule of Appellate Procedure 2...................................................................... 3

Suspension of Rules

Title II — Appeal from a Judgment or Order of a District Court................................ 4

Federal Rule of Appellate Procedure 3...................................................................... 4

Appeal as of Right — How Taken

Federal Circuit Rule 3................................................................................................ 7

Appeal as of Right — How Taken

Practice Notes to Rule 3............................................................................................. 8

Federal Rule of Appellate Procedure 4...................................................................... 9

Appeal as of Right — When Taken

Federal Circuit Rule 4.............................................................................................. 15

Appeal as of Right — Untimely Notice

Practice Notes to Rule 4........................................................................................... 16

Federal Rule of Appellate Procedure 5.................................................................... 18

Appeal by Permission

Federal Circuit Rule 5.............................................................................................. 20

Appeal by Permission

Federal Rule of Appellate Procedure 6.................................................................... 20

Appeal in a Bankruptcy Case from a Final Judgment, Order, or Decree of a 

District Court or Bankruptcy Appellate Panel

Federal Rule of Appellate Procedure 7.................................................................... 20

Bond for Costs on Appeal in a Civil Case

Federal Rule of Appellate Procedure 8.................................................................... 21

Stay or Injunction Pending Appeal

Federal Circuit Rule 8.............................................................................................. 23
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Federal Circuit Rules of Practice (March 1, 2023) Page iii

Stay or Injunction Pending Appeal

Practice Notes to Rule 8........................................................................................... 24

Federal Rule of Appellate Procedure 9.................................................................... 25

Release in a Criminal Case

Federal Rule of Appellate Procedure 10.................................................................. 25

The Record on Appeal

Federal Circuit Rule 10............................................................................................ 28

The Record on Appeal

Practice Notes to Rule 10......................................................................................... 29

Federal Rule of Appellate Procedure 11.................................................................. 30

Forwarding the Record

Federal Circuit Rule 11............................................................................................ 33

Forwarding the Record

Federal Rule of Appellate Procedure 12.................................................................. 34

Docketing the Appeal; Filing a Representation Statement; Filing the Record

Federal Circuit Rule 12............................................................................................ 34

Docketing the Appeal

Practice Notes to Rule 12......................................................................................... 35

Federal Rule of Appellate Procedure 12.1............................................................... 36

Remand After an Indicative Ruling by the District Court on a Motion for 

Relief That Is Barred by a Pending Appeal

Title III — Appeals from the United States Tax Court ............................................. 37

Federal Rule of Appellate Procedure 13.................................................................. 37

Review of a Decision of the Tax Court

Federal Rule of Appellate Procedure 14.................................................................. 37

Applicability of Other Rules to the Review of a Tax Court Decision

Title IV — Review or Enforcement of an Order of an Administrative Agency, Board, 

Commission, or Officer ................................................................................................ 38

Federal Rule of Appellate Procedure 15.................................................................. 38

Review or Enforcement of an Agency Order

Federal Rule of Appellate Procedure 15.................................................................. 39

Federal Circuit Rule 15............................................................................................ 40
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Federal Circuit Rules of Practice (March 1, 2023) Page iv

Review of an Agency Order or Action

Practice Notes to Rule 15......................................................................................... 44

Federal Rules of Appellate Procedure 15.1............................................................. 48

Briefs and Oral Argument in a National Labor Relations Board Proceeding

Federal Rule of Appellate Procedure 16.................................................................. 48

The Record on Review or Enforcement

Federal Rule of Appellate Procedure 17.................................................................. 49

Filing the Record

Federal Circuit Rule 17............................................................................................ 50

Filing the Record

Practice Notes to Rule 17......................................................................................... 51

Federal Rule of Appellate Procedure 18.................................................................. 52

Stay Pending Review

Federal Circuit Rule 18............................................................................................ 53

Stay Pending Review

Practice Notes to Rule 18......................................................................................... 54

Federal Rule of Appellate Procedure 19.................................................................. 55

Settlement of a Judgment Enforcing an Agency Order in Part

Federal Rule of Appellate Procedure 20.................................................................. 55

Applicability of Rules to the Review or Enforcement of an Agency Order

Federal Circuit Rule 20............................................................................................ 55

Applicability of Rules to the Review of an Agency Order or Action

Title V — Extraordinary Writs ................................................................................... 56

Federal Rule of Appellate Procedure 21.................................................................. 56

Writs of Mandamus and Prohibition, and Other Extraordinary Writs

Federal Circuit Rule 21............................................................................................ 58

Writs of Mandamus and Prohibition, and Other Extraordinary Writs

Title VI — Habeas Corpus; Proceedings In Forma Pauperis .................................... 60

Federal Rule of Appellate Procedure 22.................................................................. 60

Habeas Corpus and Section 2255 Proceedings

Federal Rule of Appellate Procedure 23.................................................................. 60
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Federal Circuit Rules of Practice (March 1, 2023) Page v

Custody or Release of a Prisoner in a Habeas Corpus Proceeding

Federal Rule of Appellate Procedure 24.................................................................. 60

Proceeding in Forma Pauperis

Federal Circuit Rule 24............................................................................................ 62

Proceeding in Forma Pauperis

Practice Notes to Rule 24......................................................................................... 63

Title VII — General Provisions................................................................................... 64

Federal Rule of Appellate Procedure 25.................................................................. 64

Filing and Service

Federal Circuit Rule 25............................................................................................ 69

Filing and Service

Practice Notes to Rule 25......................................................................................... 78

Federal Circuit Rule 25.1......................................................................................... 79

Privacy and Confidentiality

Practice Notes to Rule 25.1...................................................................................... 85

Federal Rule of Appellate Procedure 26.................................................................. 87

Computing and Extending Time

Federal Circuit Rule 26............................................................................................ 90

Computing and Extending Time

Practice Notes to Rule 26......................................................................................... 92

Federal Rule of Appellate Procedure 26.1............................................................... 93

Disclosure Statement

Federal Circuit Rule 26.1......................................................................................... 94

Disclosure Statement

Practice Notes to Rule 26.1...................................................................................... 94

Federal Rule of Appellate Procedure 27.................................................................. 95

Motions

Federal Circuit Rule 27............................................................................................ 98

Motions

Practice Notes to Rule 27....................................................................................... 101

Federal Rule of Appellate Procedure 28................................................................ 102
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Federal Circuit Rules of Practice (March 1, 2023) Page vi

Briefs

Federal Circuit Rule 28.......................................................................................... 106

Briefs

Practice Notes to Rule 28....................................................................................... 110

Federal Rule of Appellate Procedure 28.1............................................................. 111

Cross-Appeals

Federal Circuit Rule 28.1....................................................................................... 114

Cross-Appeals

Practice Notes to Rule 28.1.................................................................................... 115

Federal Rule of Appellate Procedure 29................................................................ 116

Brief of an Amicus Curiae

Federal Circuit Rule 29.......................................................................................... 119

Brief of an Amicus Curiae

Practice Notes to Rule 29....................................................................................... 120

Federal Rule of Appellate Procedure 30................................................................ 121

Appendix to the Briefs

Federal Circuit Rule 30.......................................................................................... 125

Appendix to the Briefs

Practice Notes to Rule 30....................................................................................... 133

Federal Rule of Appellate Procedure 31................................................................ 134

Serving and Filing Briefs

Federal Circuit Rule 31.......................................................................................... 135

Serving and Filing Briefs

Federal Rule of Appellate Procedure 32................................................................ 137

Form of Briefs, Appendices, and Other Papers

Federal Circuit Rule 32.......................................................................................... 143

Form of Briefs, Appendices, and Other Papers

Practice Notes to Rule 32....................................................................................... 146

Federal Rule of Appellate Procedure 32.1............................................................. 147

Citing Judicial Dispositions

Federal Circuit Rule 32.1....................................................................................... 147
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Federal Circuit Rules of Practice (March 1, 2023) Page vii

Citing Judicial Dispositions

Practice Notes to Rule 32.1.................................................................................... 149

Federal Rule of Appellate Procedure 33................................................................ 150

Appeal Conferences

Federal Circuit Rule 33.......................................................................................... 150

Appeal Conferences

Federal Circuit Rule 33.1....................................................................................... 150

Federal Rule of Appellate Procedure 34................................................................ 151

Oral Argument

Federal Circuit Rule 34.......................................................................................... 152

Oral Argument

Practice Notes to Rule 34....................................................................................... 155

Federal Rule of Appellate Procedure 35................................................................ 157

En Banc Determination

Federal Circuit Rule 35.......................................................................................... 159

En Banc Determination

Practice Notes to Rule 35....................................................................................... 164

Federal Rule of Appellate Procedure 36................................................................ 165

Entry of Judgment; Notice

Federal Circuit Rule 36.......................................................................................... 166

Entry of Judgment

Federal Rule of Appellate Procedure 37................................................................ 166

Interest on Judgment

Federal Rule of Appellate Procedure 38................................................................ 167

Frivolous Appeal

Practice Notes to Rule 38....................................................................................... 167

Federal Rule of Appellate Procedure 39................................................................ 168

Costs

Federal Circuit Rule 39.......................................................................................... 169

Costs

Practice Notes to Rule 39....................................................................................... 170
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Federal Circuit Rules of Practice (March 1, 2023) Page viii

Federal Rule of Appellate Procedure 40................................................................ 171

Petition for Panel Rehearing

Federal Circuit Rule 40.......................................................................................... 173

Petition for Panel Rehearing

Practice Notes to Rule 40....................................................................................... 176

Federal Rule of Appellate Procedure 41................................................................ 177

Mandate: Contents; Issuance and Effective Date; Stay

Federal Circuit Rule 41.......................................................................................... 178

Issuance of Mandate

Practice Notes to Rule 41....................................................................................... 178

Federal Rule of Appellate Procedure 42................................................................ 179

Voluntary Dismissal

Practice Notes to Rule 42....................................................................................... 180

Federal Rule of Appellate Procedure 43................................................................ 180

Substitution of Parties

Federal Rule of Appellate Procedure 44................................................................ 182

Case Involving a Constitutional Question When the United States or the 

Relevant State is Not a Party

Practice Notes to Rule 44....................................................................................... 182

Federal Rule of Appellate Procedure 45................................................................ 183

Clerk’s Duties

Federal Circuit Rule 45.......................................................................................... 184

Clerk of Court’s Duties

Federal Rule of Appellate Procedure 46................................................................ 187

Attorneys

Federal Circuit Rule 46.......................................................................................... 189

Attorneys

Practice Notes to Rule 46....................................................................................... 190

Federal Rule of Appellate Procedure 47................................................................ 191

Local Rules by Courts of Appeals

Federal Circuit Rule 47.......................................................................................... 192
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Federal Circuit Rules of Practice (March 1, 2023) Page ix

Adoption of Local Rules

Federal Circuit Rule 47.1....................................................................................... 193

Sessions and Places of Holding Court

Federal Circuit Rule 47.2....................................................................................... 193

Panels

Federal Circuit Rule 47.3....................................................................................... 194

Representation and Appearance

Practice Notes to Rule 47.3.................................................................................... 195

Counsel on Appeal.

Federal Circuit Rule 47.4....................................................................................... 196

Certificate of Interest

Practice Notes to Rule 47.4.................................................................................... 197

Federal Circuit Rule 47.5....................................................................................... 198

Related Case Disclosure

Practice Notes to Rule 47.5.................................................................................... 199

Federal Circuit Rule 47.6....................................................................................... 199

Docketing Statement

Practice Notes to Rule 47.6.................................................................................... 199

Federal Circuit Rule 47.7....................................................................................... 200

Attorney Fees and Expenses Incurred in This Court

Practice Notes to Rule 47.7.................................................................................... 201

Federal Circuit Rule 47.8....................................................................................... 201

In Camera Proceedings

Federal Circuit Rule 47.9....................................................................................... 202

Petition for Judicial Review Under 5 U.S.C. § 7703(d)

Federal Circuit Rule 47.10..................................................................................... 204

Dismissal of a Bankruptcy Stay Case

Federal Circuit Rule 47.11..................................................................................... 204

Quorum

Federal Circuit Rule 47.12..................................................................................... 204

Federal Rule of Appellate Procedure 48................................................................ 205
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Federal Circuit Rules of Practice (March 1, 2023) Page x

Masters

Federal Circuit Rule 49.......................................................................................... 205

Seal of the Court

Federal Circuit Rule 50.......................................................................................... 206

Employee and Former Employee

Practice Notes to Rule 50....................................................................................... 206

All Future Participation and Assistance Prohibited.

Federal Circuit Rule 51.......................................................................................... 207

Complaint of Judicial Misconduct or Disability

Federal Circuit Rule 52.......................................................................................... 207

Fees

Practice Notes to Rule 52....................................................................................... 209

Federal Circuit Rule 53.......................................................................................... 210

Judicial Conference

Federal Circuit Rule 54.......................................................................................... 211

Library

Federal Circuit Attorney Discipline Rules ............................................................... 212

Introduction............................................................................................................ 212

Rule 1. Definitions................................................................................................. 212

Rule 2. Grounds for Discipline.............................................................................. 213

Rule 3. Types of Discipline.................................................................................... 213

Rule 4. Disciplinary Matters Referred to the Court............................................ 214

Rule 5. Merits/Motions Panel or Standing Panel Procedure............................... 215

Rule 6. Conviction or Discipline Imposed by Another Court or an Agency ........ 216

Rule 7. Proceedings for Reciprocal Discipline or Conviction of Serious Crime .. 217

Rule 8. Contested Proceedings ............................................................................. 217

Rule 9. Reinstatement .......................................................................................... 219

Rule 10. Access to Information............................................................................. 220

Rule 11. Effective Date ......................................................................................... 221
Federal Circuit Rules of Practice (March 1, 2023) Page xi

FOREWORD

This document contains the rules for proceedings in the United States 

Court of Appeals for the Federal Circuit. These rules include the 

Federal Rules of Appellate Procedure and the corresponding Federal 

Circuit Rules. The Federal Rules of Appellate Procedure appear on a 

shaded blue background for ease in distinguishing them from the 

Federal Circuit Rules that are on a white background. Certain 

provisions within the Federal Rules of Appellate Procedure are 

inapplicable to this court or have been modified by the Federal Circuit 

Rule; where appropriate, informational cross-references and 

annotations to the relevant Federal Circuit Rule have been added as 

footnotes to the Federal Rules of Appellate Procedure. Parties should 

review both the Federal Rule and the Federal Circuit Rule for each rule 

to determine whether a Federal Circuit Rule provides for additional 

requirements or limitations than what is stated in the Federal Rule of 

Appellate Procedure. Inapplicable provisions of the Federal Rules of 

Appellate Procedure are noted as [OMITTED]. 

Practice Notes following the various rules are in boxed informational 

sections. These Practice Notes discuss matters that are often asked of 

the Clerk’s Office staff or provide additional explanatory information 

concerning the related rule. Parties may rely on the Practice Notes to 

assist in applying the Federal Rules and the Federal Circuit Rules, but 

they may not be used to avoid controlling statutes or rules. 

The Federal Circuit Attorney Discipline Rules are included in this 

document. Other documents are available on the court’s website at 

https://www.cafc.uscourts.gov/, including the Internal Operating 

Procedures, Electronic Filing Procedures, Guide for Unrepresented 

Parties, Appellate Mediation Program Guidelines, Guide for Oral 

Argument, and Federal Circuit Forms. 

Inquiries about the Rules of Practice may be made to the Clerk’s Office 

at 202-275-8000. Public access, email and telephone hours for the 

Clerk’s Office are 8:30 a.m. to 4:30 p.m. (Eastern), Monday through 

Friday. Please refer to the court’s website for additional contact 

information for the Clerk’s Office and various filing resources, argument 

resources, electronic filing resources, and unrepresented filer resources

developed by the Clerk’s Office that may be of assistance to you. 

Comments on the Rules of Practice are welcome at any time. Please 

send comments to FederalCircuitRules@cafc.uscourts.gov or Clerk of 

Court, United States Court of Appeals for the Federal Circuit, 717 

Madison Place, NW, Washington, DC 20439.
(Return to Table of Contents)

Federal Circuit Rules of Practice (March 1, 2023) Page 1 

TITLE I — APPLICABILITY OF RULES

FEDERAL RULE OF APPELLATE PROCEDURE 1 

Scope of Rules; Definition; Title

(a) Scope of Rules. 

(1) These rules govern procedure in the United States courts of 

appeals.

(2) When these rules provide for filing a motion or other document 

in the district court, the procedure must comply with the 

practice of the district court.

(b) Definition. 

In these rules, ‘state’ * includes the District of Columbia and any 

United States commonwealth or territory. 

(c) Title.

These rules are to be known as the Federal Rules of Appellate 

Procedure.

FEDERAL CIRCUIT RULE 1 

Scope of Rules; Definitions; Title

(a) Reference to District and Trial Courts and Agencies.

(1) The terms “district court” and “trial court” include:

(A) the United States district courts;

(B) the United States Court of International Trade;

(C) the United States Court of Federal Claims; and

(D) if applicable, the United States Court of Appeals for 

Veterans Claims.

*So in original.
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Federal Circuit Rules of Practice (March 1, 2023) Page 2

FEDERAL CIRCUIT RULE 1

(2) The term “agency” includes an administrative agency, board, 

commission, bureau, or officer of the United States, as well as 

certain arbitrators, including each of the following:

(A) the Patent Trial and Appeal Board;

(B) the Director of the United States Patent and Trademark 

Office;

(C) the Trademark Trial and Appeal Board;

(D) the United States International Trade Commission;

(E) the Secretary of Commerce acting under U.S. note 6 to 

subchapter X of chapter 98 of the Harmonized Tariff 

Schedule of the United States (relating to importation of 

instruments or apparatus);

(F) the Secretary of Agriculture acting under 7 U.S.C. 

§ 2461;

(G) the Merit Systems Protection Board;

(H) arbitrators whose decisions are reviewable by this court;

(I) the Boards of Contract Appeals in federal agencies;

(J) the Secretary of Veterans Affairs acting under 38 U.S.C. 

§ 502;

(K) the Equal Employment Opportunity Commission acting 

under 3 U.S.C. § 454;

(L) the Federal Labor Relations Authority acting under part 

D of subchapter II of chapter 5 of title 3;

(M) the Secretary of Labor or the Occupational Safety and 

Health Review Commission, under part C of subchapter 

II of chapter 5 of title 3; 

(N) the Office of Compliance acting under 2 U.S.C. 

§ 1407(a)(1);

(O) the Government Accountability Office Personnel Appeals 

Board; or

(P) the Bureau of Justice Assistance.

(b) Rules of the Court of International Trade, Court of Federal 

Claims, and Court of Appeals for Veterans Claims.
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Federal Circuit Rules of Practice (March 1, 2023) Page 3 

FEDERAL CIRCUIT RULE 1 

(1) Reference in these rules to the Federal Rules of Civil Procedure 

includes analogous rules of the Court of International Trade 

and the Court of Federal Claims.

(2) Reference in these rules to the Federal Rules of Civil Procedure 

includes rules of the Court of Appeals for Veterans Claims only 

where applicable, because that court’s rules are derived from 

the Federal Rules of Appellate Procedure.

(c) Title. 

These rules are to be known as the Federal Circuit Rules. 

FEDERAL RULE OF APPELLATE PROCEDURE 2 

Suspension of Rules

On its own or a party’s motion, a court of appeals may — to expedite 

its decision or for other good cause — suspend any provision of these 

rules in a particular case and order proceedings as it directs, except as 

otherwise provided in Rule 26(b). 
(Return to Table of Contents)

Federal Circuit Rules of Practice (March 1, 2023) Page 4 

TITLE II — APPEAL FROM A JUDGMENT OR ORDER OF A DISTRICT 

COURT

FEDERAL RULE OF APPELLATE PROCEDURE 3 

Appeal as of Right — How Taken

(a) Filing the Notice of Appeal.

(1) An appeal permitted by law as of right from a district court to a 

court of appeals may be taken only by filing a notice of appeal 

with the district clerk within the time allowed by Rule 4. At the 

time of filing, the appellant must furnish the clerk with enough 

copies of the notice to enable the clerk to comply with Rule 3(d). 

(2) An appellant’s failure to take any step other than the timely 

filing of a notice of appeal does not affect the validity of the 

appeal, but is ground only for the court of appeals to act as it 

considers appropriate, including dismissing the appeal.

(3) An appeal from a judgment by a magistrate judge in a civil case 

is taken in the same way as an appeal from any other district 

court judgment.

(4) An appeal by permission under 28 U.S.C. § 1292(b) or an appeal 

in a bankruptcy case may be taken only in the manner 

prescribed by Rules 5 and 6, respectively.

(b) Joint or Consolidated Appeals.

(1) When two or more parties are entitled to appeal from a districtcourt judgment or order, and their interests make joinder 

practicable, they may file a joint notice of appeal. They may 

then proceed on appeal as a single appellant.

(2) When the parties have filed separate timely notices of appeal, 

the appeals may be joined or consolidated by the court of 

appeals.

(c) Contents of the Notice of Appeal.

(1) The notice of appeal must:

(A) specify the party or parties taking the appeal by naming 

each one in the caption or body of the notice, but an 

attorney representing more than one party may describe 

those parties with such terms as “all plaintiffs,” “the 

defendants,” “the plaintiffs A, B, et al.,” or “all defendants 

except X”;
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Federal Circuit Rules of Practice (March 1, 2023) Page 5 

FEDERAL RULE OF APPELLATE PROCEDURE 3 

(B) designate the judgment — or appealable order — from 

which the appeal is taken; and

(C) name the court to which the appeal is taken.

(2) A pro se notice of appeal is considered filed on behalf of the 

signer and the signer’s spouse and minor children (if they are 

parties), unless the notice clearly indicates otherwise.

(3) In a class action, whether or not the class has been certified, the 

notice of appeal is sufficient if it names one person qualified to 

bring the appeal as representative of the class.

(4) The notice of appeal encompasses all orders that, for purposes 

of appeal, merge into the designated judgment or appealable 

order. It is not necessary to designate those orders in the notice 

of appeal.

(5) In a civil case, a notice of appeal encompasses the final 

judgment, whether or note that judgment is set out in a 

separate document under Federal Rule of Civil Procedure 58, if 

the notice designates:

(A) an order that adjudicates all remaining claims and the 

rights and liabilities of all remaining parties; or

(B) an order described in Rule 4(a)(4)(A). 

(6) An appellant may designate only part of a judgment or 

appealable order by expressly stating that the notice of appeal 

is so limited. Without such an express statement, specific 

designations do not limit the scope of the notice of appeal.

(7) An appeal must not be dismissed for informality of form or title 

of the notice of appeal, for failure to name a party whose intent 

to appeal is otherwise clear from the notice, or for failure to 

properly designate the judgment if the notice of appeal was filed 

after entry of the judgment and designates an order that 

merged into that judgment. 

(8) Forms 1A and 1B in the Appendix of Forms are suggested forms 

of notices of appeal.*

* Several Federal Circuit forms are available for suggested forms of a notice of appeal. See Federal 

Circuit Form 1 (District Courts); Federal Circuit Form 2 (Court of Federal Claims); Federal Circuit 

Form 3 (Court of International Trade); Federal Circuit Form 4 (Court of Appeals for Veterans Claims).
(Return to Table of Contents)

Federal Circuit Rules of Practice (March 1, 2023) Page 6 

FEDERAL RULE OF APPELLATE PROCEDURE 3 

(d) Serving the Notice of Appeal.

(1) The district clerk must serve notice of the filing of a notice of 

appeal by sending a copy to each party’s counsel of record — 

excluding the appellant’s — or, if a party is proceeding pro se, 

to the party’s last known address. When a defendant in a 

criminal case appeals, the clerk must also serve a copy of the 

notice of appeal on the defendant. The clerk must promptly 

send a copy of the notice of appeal and of the docket entries — 

and any later docket entries — to the clerk of the court of 

appeals named in the notice. The district clerk must note, on 

each copy, the date when the notice of appeal was filed.

(2) If an inmate confined in an institution files a notice of appeal in 

the manner provided by Rule 4(c), the district clerk must also 

note the date when the clerk docketed the notice.

(3) The district clerk’s failure to serve notice does not affect the 

validity of the appeal. The clerk must note on the docket the 

names of the parties to whom the clerk sends copies, with the 

date of sending. Service is sufficient despite the death of a party 

or the party’s counsel.

(e) Payment of Fees. 

Upon filing a notice of appeal, the appellant must pay the district clerk 

all required fees. The district clerk receives the appellate docket fee 

on behalf of the court of appeals.
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Federal Circuit Rules of Practice (March 1, 2023) Page 7 

FEDERAL CIRCUIT RULE 3 

Appeal as of Right — How Taken

(a) Opinion; Certified Copy of Docket Entries. 

When a notice of appeal is filed, the trial court clerk of court must 

promptly send to this court’s clerk of court a copy of the opinion, if any, 

that accompanied the judgment or order being appealed. The trial court 

clerk of court must certify the copy of the docket entries and send it with 

the notice of appeal.

(b) Petition for Certification of Judgment of the High Court of the 

Trust Territory of the Pacific Islands. 

A petition for certification of a judgment of the High Court of the Trust 

Territory of the Pacific Islands under the Compact of Free Association: 

Federated States of Micronesia, Republic of Marshall Islands, Title II, 

Title One, Article VII, § 174(c), and the Compact of Free Association: 

Palau, Title II, Title One, Article VII, § 174(c), in 48 U.S.C. § 1901 note 

and § 1931 note, must be filed with this court’s clerk of court, but 

otherwise is deemed to be an appeal from the judgment of a district court 

for purposes of these rules.

(c) Appeals Under 15 U.S.C. § 3416(c) and Petitions Under 42 U.S.C. 

§ 300aa-12(f). 

The filing fee for a notice of appeal under 15 U.S.C. § 3416(c) or a petition 

for review under 42 U.S.C. § 300aa-12(f) must be paid to the circuit clerk 

of court. Upon docketing of the appeal, the circuit clerk of court will 

forward instructions to the trial court clerk of court to comply with 

Federal Rule of Appellate Procedure 3(d) and Federal Circuit Rule 3(a). 
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Federal Circuit Rules of Practice (March 1, 2023) Page 8 

PRACTICE NOTES TO RULE 3 

Failure to File a Notice of Appeal.

Only a party that has filed a notice of appeal or cross-appeal may attack 

all or any part of the trial court judgment. Any other party in the trial 

court not filing a notice of appeal may participate in the appeal as an 

appellee but may not seek to overturn or modify the judgment.

Fees. 

The fee schedule is set forth in Federal Circuit Rule 52. See also 28 

U.S.C. § 1913, note 1 [Judicial Conference Schedule of Fees].

Filing and Docketing an Appeal. 

An appeal is filed when the notice of appeal is received by the trial court. 

An appeal sent to this court by the trial court clerk of court is docketed 

when it is listed on the docket and assigned a docket number.

Appeals Under 5 U.S.C. § 3416(c) and Petitions Under 42 U.S.C. 

§ 300aa-12(f).

Notices of appeal under 15 U.S.C. § 3416(c) from district courts 

concerning the enforcement of presidential subpoenas and orders during 

a natural gas shortage and petitions for review under 42 U.S.C. § 300aa12(f) from Court of Federal Claims vaccine determinations are filed in 

this court, unlike other appeals from those courts in which the notice of 

appeal is filed with the clerks of those courts.
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Federal Circuit Rules of Practice (March 1, 2023) Page 9 

FEDERAL RULE OF APPELLATE PROCEDURE 4 

Appeal as of Right — When Taken

(a) Appeal in a Civil Case.

(1) Time for Filing a Notice of Appeal.

(A) In a civil case, except as provided in Rules 4(a)(1)(B), 

4(a)(4), and 4(c), the notice of appeal required by Rule 3

must be filed with the district clerk within 30 days after 

entry of the judgment or order appealed from.

(B) The notice of appeal may be filed by any party within 60 

days after entry of the judgment or order appealed from 

if one of the parties is:

(i) the United States;

(ii) a United States agency;

(iii) a United States officer or employee sued in an 

official capacity; or

(iv) a current or former United States officer or 

employee sued in an individual capacity for an act 

or omission occurring in connection with duties 

performed on the United States’ behalf — 

including all instances in which the United States 

represents that person when the judgment or 

order is entered or files the appeal for that person.

(C) An appeal from an order granting or denying an 

application for a writ of error coram nobis is an appeal in 

a civil case for purposes of Rule 4(a). 

(2) Filing Before Entry of Judgment.

A notice of appeal filed after the court announces a decision or 

order — but before the entry of the judgment or order — is 

treated as filed on the date of and after the entry.

(3) Multiple Appeals.

If one party timely files a notice of appeal, any other party 

may file a notice of appeal within 14 days after the date when 

the first notice was filed, or within the time otherwise 

prescribed by this Rule 4(a), whichever period ends later.
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Federal Circuit Rules of Practice (March 1, 2023) Page 10

FEDERAL RULE OF APPELLATE PROCEDURE 4 

(4) Effect of a Motion on a Notice of Appeal.

(A) If a party timely files in the district court any of the 

following motions under the Federal Rules of Civil 

Procedure — and does so within the time allowed by 

those rules — the time to file an appeal runs for all 

parties from the entry of the order disposing of the last 

such remaining motion:

(i) for judgment under Rule 50(b);

(ii) to amend or make additional factual findings 

under Rule 52(b), whether or not granting the 

motion would alter the judgment;

(iii) for attorney’s fees under Rule 54 if the district 

court extends the time to appeal under Rule 58;

(iv) to alter or amend the judgment under Rule 59;

(v) for a new trial under Rule 59; or

(vi) for relief under Rule 60 if the motion is filed no 

later than 28 days after the judgment is entered.

(B) 

(i) If a party files a notice of appeal after the court 

announces or enters a judgment — but before it 

disposes of any motion listed in Rule 4(a)(4)(A) — 

the notice becomes effective to appeal a judgment 

or order, in whole or in part, when the order 

disposing of the last such remaining motion is 

entered. 

(ii) A party intending to challenge an order disposing 

of any motion listed in Rule 4(a)(4)(A), or a 

judgment’s alteration or amendment upon such a 

motion, must file a notice of appeal, or an amended 

notice of appeal — in compliance with Rule 3(c) — 

within the time prescribed by this Rule measured 

from the entry of the order disposing of the last 

such remaining motion.

(iii) No additional fee is required to file an amended 

notice. 
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Federal Circuit Rules of Practice (March 1, 2023) Page 11

FEDERAL RULE OF APPELLATE PROCEDURE 4 

(5) Motion for Extension of Time.

(A) The district court may extend the time to file a notice of

appeal if:

(i) a party so moves no later than 30 days after the 

time prescribed by this Rule 4(a) expires; and

(ii) regardless of whether its motion is filed before or 

during the 30 days after the time prescribed by 

this Rule 4(a) expires, that party shows excusable 

neglect or good cause.

(B) A motion filed before the expiration of the time 

prescribed in Rule 4(a)(1) or (3) or may be ex parte unless 

the court requires otherwise. If the motion is filed after 

the expiration of the prescribed time, notice must be 

given to the other parties in accordance with local rules.

(C) No extension under this Rule 4(a)(5) may exceed 30 days 

after the prescribed time or 14 days after the date when 

the order granting the motion is entered, whichever is 

later.

(6) Reopening the Time to File an Appeal.

The district court may reopen the time to file an appeal for a 

period of 14 days after the date when its order to reopen is 

entered, but only if all the following conditions are satisfied:

(A) the court finds that the moving party did not receive 

notice under Federal Rule of Civil Procedure 77(d) of the 

entry of the judgment or order sought to be appealed 

within 21 days after entry;

(B) the motion is filed within 180 days after the judgment or 

order is entered or within 14 days after the moving party 

receives notice under Federal Rule of Civil Procedure 

77(d) of the entry, whichever is earlier; and

(C) the court finds that no party would be prejudiced.

(7) Entry Defined.

(A) A judgment or order is entered for purposes of this Rule 

4(a): 
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Federal Circuit Rules of Practice (March 1, 2023) Page 12

FEDERAL RULE OF APPELLATE PROCEDURE 4 

(i) if Federal Rule of Civil Procedure 58(a) does not 

require a separate document, when the judgment 

or order is entered in the civil docket under 

Federal Rule of Civil Procedure 79(a); or

(ii) if Federal Rule of Civil Procedure 58(a) requires a 

separate document, when the judgment or order is 

entered in the civil docket under Federal Rule of 

Civil Procedure 79(a) and when the earlier of these 

events occurs:

• the judgment or order is set forth on a 

separate document, or

• 150 days have run from entry of the 

judgment or order in the civil docket under 

Federal Rule of Civil Procedure 79(a).

(B) A failure to set forth a judgment or order on a separate 

document when required by Federal Rule of Civil 

Procedure 58(a) does not affect the validity of an appeal 

from that judgment or order.

(b) Appeal in a Criminal Case.

(1) Time for Filing a Notice of Appeal.

(A) In a criminal case, a defendant's notice of appeal must be 

filed in the district court within 14 days after the later of:

(i) the entry of either the judgment or the order being 

appealed; or

(ii) the filing of the government's notice of appeal.

(B) When the government is entitled to appeal, its notice of 

appeal must be filed in the district court within 30 days 

after the later of: 

(i) the entry of the judgment or order being appealed; 

or 

(ii) the filing of a notice of appeal by any defendant.

(2) Filing Before Entry of Judgment.

A notice of appeal filed after the court announces a decision, 

sentence, or order — but before the entry of the judgment or 

order — is treated as filed on the date of and after the entry.
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Federal Circuit Rules of Practice (March 1, 2023) Page 13

FEDERAL RULE OF APPELLATE PROCEDURE 4 

(3) Effect of a Motion on a Notice of Appeal.

(A) If a defendant timely makes any of the following motions 

under the Federal Rules of Criminal Procedure, the 

notice of appeal from a judgment of conviction must be 

filed within 14 days after the entry of the order disposing 

of the last such remaining motion, or within 14 days after 

the entry of the judgment of conviction, whichever period 

ends later. This provision applies to a timely motion:

(i) for judgment of acquittal under Rule 29;

(ii) for a new trial under Rule 33, but if based on newly 

discovered evidence, only if the motion is made no 

later than 14 days after the entry of the judgment; 

or 

(iii) for arrest of judgment under Rule 34.

(B) A notice of appeal filed after the court announces a 

decision, sentence, or order — but before it disposes of 

any of the motions referred to in Rule 4(b)(3)(A) — 

becomes effective upon the later of the following:

(i) the entry of the order disposing of the last such 

remaining motion; or

(ii) the entry of the judgment of conviction.

(C) A valid notice of appeal is effective — without 

amendment — to appeal from an order disposing of any 

of the motions referred to in Rule 4(b)(3)(A). 

(4) Motion for Extension of Time.

Upon a finding of excusable neglect or good cause, the district 

court may — before or after the time has expired, with or 

without motion and notice — extend the time to file a notice of 

appeal for a period not to exceed 30 days from the expiration of 

the time otherwise prescribed by this Rule 4(b). 

(5) Jurisdiction. 

The filing of a notice of appeal under this Rule 4(b) does not 

divest a district court of jurisdiction to correct a sentence 

under Federal Rule of Criminal Procedure 35(a), nor does the 

filing of a motion under 35(a) affect the validity of a notice of 

appeal filed before entry of the order disposing of the motion. 

The filing of a motion under Federal Rule of Criminal 
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Federal Circuit Rules of Practice (March 1, 2023) Page 14

FEDERAL RULE OF APPELLATE PROCEDURE 4 

Procedure 35(a) does not suspend the time for filing a notice of 

appeal from a judgment of conviction.

(6) Entry Defined.

A judgment or order is entered for purposes of this Rule 4(b)

when it is entered on the criminal docket.

(c) Appeal by an Inmate Confined in an Institution.

(1) If an institution has a system designed for legal mail, an inmate 

confined there must use that system to receive the benefit of 

this Rule 4(c)(1). If an inmate files a notice of appeal in either 

a civil or a criminal case, the notice is timely if it is deposited in 

the institution’s internal mail system on or before the last day 

for filing and:

(A) it is accompanied by:

(i) a declaration in compliance with 28 U.S.C. 

§ 1746 — or a notarized statement — setting out 

the date of deposit and stating that first-class 

postage is being prepaid; or

(ii) evidence (such as a postmark or date stamp) 

showing that the notice was so deposited and that

postage was prepaid; or

(B) the court of appeals exercises its discretion to permit the 

later filing of a declaration or notarized statement that 

satisfies Rule 4(c)(1)(A)(i). 

(2) If an inmate files the first notice of appeal in a civil case under 

this Rule 4(c), the 14-day period provided in Rule 4(a)(3) for 

another party to file a notice of appeal runs from the date when 

the district court dockets the first notice.

(3) When a defendant in a criminal case files a notice of appeal 

under this Rule 4(c), the 30-day period for the government to 

file its notice of appeal runs from the entry of the judgment or 

order appealed from or from the district court’s docketing of the 

defendant’s notice of appeal, whichever is later.
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Federal Circuit Rules of Practice (March 1, 2023) Page 15

(d) Mistaken Filing in the Court of Appeals.

If a notice of appeal in either a civil or a criminal case is mistakenly 

filed in the court of appeals, the clerk of that court must note on the 

notice the date when it was received and send it to the district clerk. 

The notice is then considered filed in the district court on the date so 

noted. 

FEDERAL CIRCUIT RULE 4 

Appeal as of Right — Untimely Notice

(a) Statutory Deadlines.

This court cannot waive or extend the statutory deadlines for the filing 

of a notice of appeal or petition for review.

(b) Untimely Notice or Petition.

The clerk of court may return a notice of appeal or petition for review 

that is untimely on its face.
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Federal Circuit Rules of Practice (March 1, 2023) Page 16

PRACTICE NOTES TO RULE 4 

Time to Appeal. 

The table below is provided only as a convenience for counsel, who 

should refer to the statutes and case law before determining the period 

available for taking an appeal. Counsel should also be aware of the 

district court’s authority under Federal Rule of Appellate Procedure 4

to extend or reopen the time for appeal.

COURT STATUTE TIME

District Courts 28 U.S.C. § 2107 30 days

(60 days if U.S. is a party)

15 U.S.C. § 3416(c) 30 days

Court of 

International 

Trade

28 U.S.C. § 2645(c) 60 days

Court of Federal 

Claims

28 U.S.C. § 2522

(Appeals)

60 days

42 U.S.C. § 300aa12(f) (Petitions)

60 days

Court of Appeals 

for Veterans 

Claims

38 U.S.C. § 7292 60 days

For petitions for review from agencies, see the Practice Notes to Rule 

15. Existing case law broadly requires this court to enforce statutory 

deadlines that limit the time allowed for the filing of a notice of appeal 

or petition for review, and to dismiss a case if the applicable deadline 

is not met, even if no party objects to such a filing as untimely and 

even if the filer asserts equitable grounds for excusing untimeliness. 

Parties should refer to the statutes and applicable case law to 

determine whether, in a particular situation, this court may disregard 
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Federal Circuit Rules of Practice (March 1, 2023) Page 17

PRACTICE NOTES TO RULE 4 

a timeliness defect not identified by a party or excuse non-compliance 

with a time limit for equitable reasons.

Duty to Notify the Clerk of Postjudgment Motions Pending in the 

Trial Court.

Even though the district court clerk must forward copies of later 

docket entries under Federal Rule of Appellate Procedure 3(d), the 

appellant should promptly notify this court’s clerk if any party in the 

case files a motion listed in Federal Rule of Appellate Procedure 

4(a)(4). Any other party may also notify the clerk in such a case. This 

court’s clerk of court will deactivate an appeal or petition if a motion 

listed in Federal Rule of Appellate Procedure 4(a)(4) remains pending. 

Deactivation of the appeal suspends all further action in the court of 

appeals. Upon reactivation, the clerk of court will reschedule the next 

required filings and notify counsel.

Expedited Proceedings. 

The overall time for an appeal can be accelerated by the expeditious 

filing of a notice of appeal shortly after entry of final judgment in the 

trial forum. When a party is considering seeking expedited 

proceedings on appeal, the party should consider filing its notice of 

appeal and principal brief well before the applicable deadlines. For 

further information on expedition procedures, see the Practice Notes 

to Rule 27. 
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Federal Circuit Rules of Practice (March 1, 2023) Page 18

FEDERAL RULE OF APPELLATE PROCEDURE 5 

Appeal by Permission

(a) Petition for Permission to Appeal.

(1) To request permission to appeal when an appeal is within the 

court of appeals’ discretion, a party must file a petition with the 

circuit clerk and serve it on all other parties to the district-court 

action.

(2) The petition must be filed within the time specified by the 

statute or rule authorizing the appeal or, if no such time is 

specified, within the time provided by Rule 4(a) for filing a 

notice of appeal.

(3) If a party cannot petition for appeal unless the district court 

first enters an order granting permission to do so or stating that 

the necessary conditions are met, the district court may amend 

its order, either on its own or in response to a party’s motion, to 

include the required permission or statement. In that event, 

the time to petition runs from entry of the amended order.

(b) Contents of the Petition; Answer or Cross-Petition; Oral 

Argument. 

(1) The petition must include the following:

(A) the facts necessary to understand the question 

presented;

(B) the question itself;

(C) the relief sought;

(D) the reasons why the appeal should be allowed and is 

authorized by a statute or rule; and

(E) an attached copy of:

(i) the order, decree, or judgment complained of and 

any related opinion or memorandum, and

(ii) any order stating the district court’s permission to 

appeal or finding that the necessary conditions are 

met.

(2) A party may file an answer in opposition or a cross-petition 

within 10 days after the petition is served.
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Federal Circuit Rules of Practice (March 1, 2023) Page 19

FEDERAL RULE OF APPELLATE PROCEDURE 5 

(3) The petition and answer will be submitted without oral 

argument unless the court of appeals orders otherwise.

(c) Form of Papers; Number of Copies; Length Limits.

All papers must conform to Rule 32(c)(2). An original and 3 copies 

must be filed unless the court requires a different number by local rule 

or by order in a particular case.* Except by the court’s permission, and 

excluding the accompanying documents required by Rule 5(b)(1)(E): 

(1) a paper produced using a computer must not exceed 5,200 

words; and

(2) a handwritten or typewritten paper must not exceed 20 pages.†

(d) Grant of Permission; Fees; Cost Bond; Filing the Record.

(1) Within 14 days after the entry of the order granting permission 

to appeal, the appellant must:

(A) pay the district clerk all required fees; and

(B) file a cost bond if required under Rule 7. 

(2) A notice of appeal need not be filed. The date when the order 

granting permission to appeal is entered serves as the date of 

the notice of appeal for calculating time under these rules.

(3) The district clerk must notify the circuit clerk once the 

petitioner has paid the fees. Upon receiving this notice, the 

circuit clerk must enter the appeal on the docket. The record 

must be forwarded and filed in accordance with Rules 11 and 

12(c). 

*No copies are required. See Fed. Cir. R. 25(c)(3). 

†A petition for permission to appeal, cross-petition, or response must include a certificate of compliance 

with the type-volume limitations in accordance if filed under Fed. R. App. P. 5(c)(1). See Fed. R. App. 

P. 32(g). 
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Federal Circuit Rules of Practice (March 1, 2023) Page 20

FEDERAL CIRCUIT RULE 5 

Appeal by Permission

(a) Petition. 

A petition for permission to appeal must be accompanied by a copy of 

the docket entries in the trial court.

(b) Record; Certified Copy of Docket Entries.

In an allowed appeal, the trial court must retain the record as 

provided in Federal Rule of Appellate Procedure 11(e) and in Federal 

Circuit Rule 11(a). The trial court clerk of court must send a certified 

copy of the docket entries instead of the record.

FEDERAL RULE OF APPELLATE PROCEDURE 6 

Appeal in a Bankruptcy Case from a Final Judgment, Order, or Decree of 

a District Court or Bankruptcy Appellate Panel

[OMITTED]

FEDERAL RULE OF APPELLATE PROCEDURE 7 

Bond for Costs on Appeal in a Civil Case

In a civil case, the district court may require an appellant to file a bond 

or provide other security in any form and amount necessary to ensure 

payment of costs on appeal. Rule 8(b) applies to a surety on a bond

given under this rule. 
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Federal Circuit Rules of Practice (March 1, 2023) Page 21

FEDERAL RULE OF APPELLATE PROCEDURE 8 

Stay or Injunction Pending Appeal

(a) Motion for Stay. 

(1) Initial Motion in the District Court.

A party must ordinarily move first in the district court for the 

following relief:

(A) a stay of the judgment or order of a district court pending 

appeal;

(B) approval of a bond or other security provided to obtain a 

stay of judgment; or

(C) an order suspending, modifying, restoring, or granting 

an injunction while an appeal is pending.

(2) Motion in the Court of Appeals; Conditions on Relief.

A motion for the relief mentioned in Rule 8(a)(1) may be made 

to the court of appeals or to one of its judges.

(A) The motion must:

(i) show that moving first in the district court would 

be impracticable; or

(ii) state that, a motion having been made, the district 

court denied the motion or failed to afford the 

relief requested and state any reasons given by the 

district court for its action.

(B) The motion must also include:

(i) the reasons for granting the relief requested and 

the facts relied on;

(ii) originals or copies of affidavits or other sworn 

statements supporting facts subject to dispute; 

and

(iii) relevant parts of the record.

(C) The moving party must give reasonable notice of the 

motion to all parties.

(D) A motion under this Rule 8(a)(2) must be filed with the 

circuit clerk and normally will be considered by a panel 

of the court. But in an exceptional case in which time 
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Federal Circuit Rules of Practice (March 1, 2023) Page 22

FEDERAL RULE OF APPELLATE PROCEDURE 8 

requirements make that procedure impracticable, the 

motion may be made to and considered by a single judge.

(E) The court may condition relief on a party’s filing a bond 

or other security in the district court.

(b) Proceeding Against a Security Provider.

If a party gives security with one or more security providers, each 

provider submits to the jurisdiction of the district court and 

irrevocably appoints the district clerk as its agent on whom any papers 

affecting its liability on the security may be served. On motion, a 

security provider’s liability may be enforced in the district court 

without the necessity of an independent action. The motion and any 

notice that the district court prescribes may be served on the district 

clerk, who must promptly send a copy to each security provider whose 

address is known.

(c) Stay in a Criminal Case.

Rule 38 of the Federal Rules of Criminal Procedure governs a stay in 

a criminal case.
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Federal Circuit Rules of Practice (March 1, 2023) Page 23

FEDERAL CIRCUIT RULE 8 

Stay or Injunction Pending Appeal

(a) Notice of Appeal; Trial Court’s Judgment or Order.

A motion for a stay or injunction pending appeal must be accompanied by

the following:

(1) a copy of the filed notice of appeal or other document required to 

invoke this court’s jurisdiction;

(2) a copy of the trial court’s judgment or order on the merits;

(3) a copy of any order on the motion for a stay or injunction pending 

appeal; and

(4) a certificate of interest under Federal Circuit Rule 47.4. 

(b) Notice When Requesting Immediate Action. 

A party moving for a stay or injunction pending appeal and requesting 

immediate action by the court must — before filing — notify all parties 

that a motion will be filed.

(c) Statement. 

If an initial motion for a stay or injunction pending appeal was not made 

in the trial court under Federal Rule of Appellate Procedure 8(a)(1), the 

movant must include in its motion in this court a statement explaining 

why it was not practicable to do so. If an initial motion for a stay or

injunction pending appeal was made in the trial court and remains 

pending, the movant must include in its motion in this court a statement 

specifically identifying when it filed the motion in the trial court and why 

it is not practicable to await a ruling by the trial court on that motion.
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Federal Circuit Rules of Practice (March 1, 2023) Page 24

PRACTICE NOTES TO RULE 8 

Format Requirements. 

See Federal Rule of Appellate Procedure 27 for format requirements 

concerning motions.

Emergency Rule 8 Filings.

Parties should notify the Clerk’s Office as soon as possible when filing 

(or in anticipation of filing) a Rule 8 motion. On weekdays from 8:30 

a.m. to 4:30 p.m. (Eastern Time), please call the Clerk’s Office at 202-

275-8055. To notify the Clerk’s Office of emergency Rule 8 filings 

outside of normal operating hours that require action before the next 

business day, please call 202-275-8049 and email 

emergencyfilings@cafc.uscourts.gov. Absent proper notification, the 

Clerk’s Office may not be able to act on an after-hours, emergency 

filing before the next business day.
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Federal Circuit Rules of Practice (March 1, 2023) Page 25

FEDERAL RULE OF APPELLATE PROCEDURE 9 

Release in a Criminal Case

[OMITTED] 

FEDERAL RULE OF APPELLATE PROCEDURE 10

The Record on Appeal

(a) Composition of the Record on Appeal.

The following items constitute the record on appeal:

(1) the original papers and exhibits filed in the district court;

(2) the transcript of proceedings, if any; and

(3) a certified copy of the docket entries prepared by the district 

clerk.

(b) The Transcript of Proceedings.

(1) Appellant’s Duty to Order.

Within 14 days after filing the notice of appeal or entry of an 

order disposing of the last timely remaining motion of a type 

specified in Rule 4(a)(4)(A), whichever is later, the appellant 

must do either of the following:

(A) order from the reporter a transcript of such parts of the 

proceedings not already on file as the appellant considers 

necessary, subject to a local rule of the court of appeals 

and with the following qualifications:

(i) the order must be in writing;

(ii) if the cost of the transcript is to be paid by the 

United States under the Criminal Justice Act, the 

order must so state; and

(iii) the appellant must, within the same period, file a 

copy of the order with the district clerk; or
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Federal Circuit Rules of Practice (March 1, 2023) Page 26

FEDERAL RULE OF APPELLATE PROCEDURE 10

(B) file a certificate stating that no transcript will be 

ordered.*

(2) Unsupported Finding or Conclusion. 

If the appellant intends to urge on appeal that a finding or 

conclusion is unsupported by the evidence or is contrary to the 

evidence, the appellant must include in the record a transcript 

of all evidence relevant to that finding or conclusion.

(3) Partial Transcript.

Unless the entire transcript is ordered:

(A) the appellant must — within the 14 days provided in 

Rule 10(b)(1) — file a statement of the issues that the 

appellant intends to present on the appeal and must 

serve on the appellee a copy of both the order or 

certificate and the statement;

(B) if the appellee considers it necessary to have a transcript 

of other parts of the proceedings, the appellee must, 

within 14 days after the service of the order or certificate 

and the statement of the issues, file and serve on the 

appellant a designation of additional parts to be ordered; 

and

(C) unless within 14 days after service of that designation 

the appellant has ordered all such parts, and has so 

notified the appellee, the appellee may within the 

following 14 days either order the parts or move in the 

district court for an order requiring the appellant to do 

so.†

*The appellant will not be able to file the certificate until this court dockets the appeal. The appellant 

must file the certificate as soon as possible once the appeal is docketed if the 14-day period has already 

expired.

†The court’s Docketing Statement (Form 26) satisfies the statement of the issues requirement of Fed. 

R. App. P. 10(b)(3)(A). See Fed. Cir. R. 47.6. However, the appellant will not be able to file the 

docketing statement until this court dockets the appeal. In order to ensure adequate time to prepare 

the transcript and to comply with this rule, the appellant must serve the intended statement of the 

issues or Docketing Statement on the appellee within the 14-day period provided in this rule. This 

court will accept the later filing of the Docketing Statement based on the timeframe provided in the 

court’s Mediation Guidelines. 
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FEDERAL RULE OF APPELLATE PROCEDURE 10

(4) Payment.

At the time of ordering, a party must make satisfactory 

arrangements with the reporter for paying the cost of the 

transcript.

(c) Statement of the Evidence When the Proceedings Were Not

Recorded or When a Transcript Is Unavailable.

If the transcript of a hearing or trial is unavailable, the appellant may 

prepare a statement of the evidence or proceedings from the best 

available means, including the appellant’s recollection. The statement 

must be served on the appellee, who may serve objections or proposed 

amendments within 14 days after being served. The statement and 

any objections or proposed amendments must then be submitted to the 

district court for settlement and approval. As settled and approved, 

the statement must be included by the district clerk in the record on 

appeal.

(d) Agreed Statement as the Record on Appeal.

In place of the record on appeal as defined in Rule 10(a), the parties 

may prepare, sign, and submit to the district court a statement of the 

case showing how the issues presented by the appeal arose and were

decided in the district court. The statement must set forth only those 

facts averred and proved or sought to be proved that are essential to 

the court’s resolution of the issues. If the statement is truthful, it — 

together with any additions that the district court may consider 

necessary to a full presentation of the issues on appeal — must be 

approved by the district court and must then be certified to the court 

of appeals as the record on appeal. The district clerk must then send 

it to the circuit clerk within the time provided by Rule 11. A copy of 

the agreed statement may be filed in place of the appendix required 

by Rule 30.*

(e) Correction or Modification of the Record.

(1) If any difference arises about whether the record truly discloses 

what occurred in the district court, the difference must be 

submitted to and settled by that court and the record conformed 

accordingly.

*Filing an agreed statement will not waive this court’s appendix requirement. See Fed. Cir. R. 10(b). 
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Federal Circuit Rules of Practice (March 1, 2023) Page 28

FEDERAL RULE OF APPELLATE PROCEDURE 10

(2) If anything material to either party is omitted from or misstated 

in the record by error or accident, the omission or misstatement 

may be corrected and a supplemental record may be certified 

and forwarded:

(A) on stipulation of the parties;

(B) by the district court before or after the record has been 

forwarded; or

(C) by the court of appeals.

(3) All other questions as to the form and content of the record must 

be presented to the court of appeals.

FEDERAL CIRCUIT RULE 10

The Record on Appeal

(a) Delay in Preparing the Transcript. 

When a trial transcript is not filed in the trial court within sixty (60) 

days after it was ordered, the trial court may direct the parties to 

proceed under Federal Rule of Appellate Procedure 10(c) or (d). 

(b) Agreed Statement.

The filing of an agreed statement by the parties under Federal Rule of 

Appellate Procedure 10(d) does not relieve them of their obligation to 

compile and file the complete appendix required by Federal Rule of 

Appellate Procedure 30 and Federal Circuit Rule 30. 
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Federal Circuit Rules of Practice (March 1, 2023) Page 29

PRACTICE NOTES TO RULE 10

Procedures to Expedite Delivery of Transcripts.

District courts and regional circuit councils have procedures to 

expedite transcripts that may be available to counsel experiencing 

difficulty with late delivery of transcripts by court reporters.

Transcript Compliance; Transcript Purchase Order Form.

To comply with Federal Rule of Appellate Procedure 10(b)(1)(B), the 

appellant may file a certificate with this court stating no transcript 

will be ordered. The court does not have a form for such a certificate, 

but the certificate will need to meet the standard requirements for any 

filing under Federal Rule of Appellate Procedure 32 and Federal 

Circuit Rule 32. Parties are not required to file the certificate if a 

transcript is being ordered from the reporter. Parties are not required 

to file the transcript purchase order form (Federal Circuit Form 22) 

with this court, regardless of whether a transcript will be ordered. 

Court reporters follow Federal Rule of Appellate Procedure 11(b) for 

preparing transcripts and notifying the court.
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Federal Circuit Rules of Practice (March 1, 2023) Page 30

FEDERAL RULE OF APPELLATE PROCEDURE 11

Forwarding the Record

(a) Appellant’s Duty.

An appellant filing a notice of appeal must comply with Rule 10(b) and 

must do whatever else is necessary to enable the clerk to assemble and 

forward the record. If there are multiple appeals from a judgment or 

order, the clerk must forward a single record.

(b) Duties of Reporter and District Clerk.

(1) Reporter’s Duty to Prepare and File a Transcript.

The reporter must prepare and file a transcript as follows:

(A) Upon receiving an order for a transcript, the reporter must 

enter at the foot of the order the date of its receipt and the 

expected completion date and send a copy, so endorsed, to 

the circuit clerk.

(B) If the transcript cannot be completed within 30 days of the 

reporter’s receipt of the order, the reporter may request the 

circuit clerk to grant additional time to complete it. The 

clerk must note on the docket the action taken and notify 

the parties.

(C) When a transcript is complete, the reporter must file it 

with the district clerk and notify the circuit clerk of the 

filing.

(D) If the reporter fails to file the transcript on time, the circuit 

clerk must notify the district judge and do whatever else 

the court of appeals directs.

(2) District Clerk’s Duty to Forward.

When the record is complete, the district clerk must number the 

documents constituting the record and send them promptly to 

the circuit clerk together with a list of the documents 

correspondingly numbered and reasonably identified. Unless 

directed to do so by a party or the circuit clerk, the district clerk 

will not send to the court of appeals documents of unusual bulk 

or weight, physical exhibits other than documents, or other 

parts of the record designated for omission by local rule of the 

court of appeals. If the exhibits are unusually bulky or heavy, a 
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Federal Circuit Rules of Practice (March 1, 2023) Page 31

FEDERAL RULE OF APPELLATE PROCEDURE 11

party must arrange with the clerks in advance for their 

transportation and receipt.*

(c) Retaining the Record Temporarily in the District Court for Use 

in Preparing the Appeal.

The parties may stipulate, or the district court on motion may order, 

that the district clerk retain the record temporarily for the parties to use 

in preparing the papers on appeal. In that event, the district clerk must 

certify to the circuit clerk that the record on appeal is complete. Upon 

receipt of the appellee’s brief, or earlier if the court orders or the parties 

agree, the appellant must request the district clerk to forward the 

record.†

(d) [Abrogated.]

(e) Retaining the Record by Court Order.

(1) The court of appeals may, by order or local rule, provide that a 

certified copy of the docket entries be forwarded instead of the 

entire record. But a party may at any time during the appeal 

request that designated parts of the record be forwarded.‡

(2) The district court may order the record or some part of it retained 

if the court needs it while the appeal is pending, subject, however, 

to call by the court of appeals.

(3) If part or all of the record is ordered retained, the district clerk 

must send to the court of appeals a copy of the order and the 

docket entries together with the parts of the original record 

allowed by the district court and copies of any parts of the record 

designated by the parties.

*The district court clerk must retain the record and must not send the record to this court. See Fed. 

Cir. R. 11(a)(1). 

†This procedure is not necessary as the district court clerk must retain the record for appeals to this 

court. See Fed. Cir. R. 11(a)(1). 

‡For any request that the district court forward the record, including physical exhibits, the party must 

direct that request to this court in the form of a motion. See Fed. Cir. R. 11(a)(1)(A). 
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Federal Circuit Rules of Practice (March 1, 2023) Page 32

(f) Retaining Parts of the Record in the District Court by 

Stipulation of the Parties.

The parties may agree by written stipulation filed in the district court 

that designated parts of the record be retained in the district court 

subject to call by the court of appeals or request by a party. The parts 

of the record so designated remain a part of the record on appeal.*

(g) Record for a Preliminary Motion in the Court of Appeals.

If, before the record is forwarded, a party makes any of the following 

motions in the court of appeals:

• for dismissal;

• for release;

• for a stay pending appeal;

• for additional security on the bond on appeal or on a bond or other 

security provided to obtain a stay of judgment; or

• for any other intermediate order — 

the district clerk must send the court of appeals any parts of the record 

designated by any party.†

*This procedure is not necessary as the district court clerk must retain the record for appeals to this

court. See Fed. Cir. R. 11(a)(1). 

†The district court clerk must retain the record and must not send the record to this court. See Fed. 

Cir. R. 11(a)(1). 
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Federal Circuit Rules of Practice (March 1, 2023) Page 33

FEDERAL CIRCUIT RULE 11 

Forwarding the Record

(a) Retaining the Record; Certified Copy of the Docket Entries; 

Archival Storage.

(1) Record and Docket. 

The district court clerk must:

(A) retain the assembled record unless this court, on motion or 

sua sponte, orders otherwise; and

(B) send to this court a certified copy of the docket entries 

instead of the record. 

(2) Archival Storage.

The district court clerk of court must not send the record to 

archival storage until this court issues its mandate.

(b) Access of Parties and Counsel to the Original Record.

(1) Material Not Subject to a Protective Order; Inspection and 

Copying.

When a notice of appeal is filed, the trial court clerk of court 

must permit a party or counsel for a party to inspect and copy 

the nonconfidential original papers, transcripts, and exhibits to 

prepare the appendix. This inspection and copying is subject to 

reasonable regulation by the trial court.

(2) Material Subject to a Protective Order; Inspection and 

Copying. 

A party or counsel for a party must be permitted to inspect and 

copy material in the record governed by a protective order of the 

trial court in accordance with that order. If this court modifies or 

annuls the protective order, the access of a party or counsel is 

governed by the order of this court.

(c) Protective Orders.

Federal Circuit Rule 25.1(c) applies to the status of trial court protective 

orders and modification thereof.
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Federal Circuit Rules of Practice (March 1, 2023) Page 34

FEDERAL RULE OF APPELLATE PROCEDURE 12

Docketing the Appeal; Filing a Representation Statement; Filing the Record

(a) Docketing the Appeal.

Upon receiving the copy of the notice of appeal and the docket entries 

from the district clerk under Rule 3(d), the circuit clerk must docket the 

appeal under the title of the district-court action and must identify the 

appellant, adding the appellant’s name if necessary.

(b) Filing a Representation Statement.

Unless the court of appeals designates another time, the attorney who 

filed the notice of appeal must, within 14 days after filing the notice, file 

a statement with the circuit clerk naming the parties that the attorney 

represents on appeal.*

(c) Filing the Record, Partial Record, or Certificate.

Upon receiving the record, partial record, or district clerk’s certificate as 

provided in Rule 11, the circuit clerk must file it and immediately notify 

all parties of the filing date.

FEDERAL CIRCUIT RULE 12

Docketing the Appeal

(a) Notice of Docketing.

The clerk of court must notify all parties of the date the appeal is 

docketed, the assigned appeal number, and the short case name.

(b) Official Caption.

The clerk of court must provide the parties with the official caption for 

the case at the time of docketing. Any objection to the official caption 

must be made promptly.

*See the Practice Notes to Rule 12 (Representation Statement) for information concerning how to 

satisfy this requirement.
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Federal Circuit Rules of Practice (March 1, 2023) Page 35

PRACTICE NOTES TO RULE 12

Filing and Docketing an Appeal.

An appeal is filed when the notice of appeal is received by the trial court. 

An appeal sent to this court by the trial court clerk of court is docketed 

when it is listed on the docket and assigned a docket number.

Representation Statement.

The requirements of Federal Rule of Appellate Procedure 12(b) are met 

by filing the entry of appearance required under Federal Circuit Rule 

47.3. If the attorney who filed the notice of appeal will not be 

representing any parties on appeal, the court will not require that 

attorney to file an entry of appearance or representation statement.

Trial Court Intervenors.

Parties permitted to intervene in the trial court as plaintiffs or 

defendants will usually be identified only as plaintiff or defendant on 

the official caption to avoid confusion with any third party permitted to 

intervene in the appeal.

Transferred Appeal.

An appeal transferred from another court will be given a new docket 

number and may be consolidated by the clerk of court with any 

previously docketed appeal from the same judgment or order.

Participation by Appellees.

It is the court’s usual practice to include in the official caption all parties 

participating in the court below at the time of entry of judgment, even if 

they are not participating in the appeal. Parties included in the trial 

court title that have an adverse interest to the appellant but that are 

not cross-appealing will be deemed appellees. An appellee desiring not 

to file a brief or join in another party’s brief should promptly notify the 

clerk of court. The clerk of court will remove the party’s designation as 

an appellee from the official caption.

Consolidation.

An appeal in a case that was consolidated in the trial court will be 

docketed under the title used for the consolidated case. When more than 

one party appeals from the same trial court case, the appeals or crossappeals will usually be consolidated by the clerk of court. Other appeals 

may be consolidated on motion or by the court sua sponte.
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Federal Circuit Rules of Practice (March 1, 2023) Page 36

FEDERAL RULE OF APPELLATE PROCEDURE 12.1

Remand After an Indicative Ruling by the District Court on a Motion for 

Relief That Is Barred by a Pending Appeal

(a) Notice to the Court of Appeals.

If a timely motion is made in the district court for relief that it lacks 

authority to grant because of an appeal that has been docketed and is 

pending, the movant must promptly notify the circuit clerk if the 

district court states either that it would grant the motion or that the 

motion raises a substantial issue.

(b) Remand After an Indicative Ruling.

If the district court states that it would grant the motion or that the 

motion raises a substantial issue, the court of appeals may remand for 

further proceedings but retains jurisdiction unless it expressly 

dismisses the appeal. If the court of appeals remands but retains 

jurisdiction, the parties must promptly notify the circuit clerk when 

the district court has decided the motion on remand.
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Federal Circuit Rules of Practice (March 1, 2023) Page 37

TITLE III — APPEALS FROM THE UNITED STATES TAX COURT

FEDERAL RULE OF APPELLATE PROCEDURE 13

Review of a Decision of the Tax Court

[OMITTED] 

FEDERAL RULE OF APPELLATE PROCEDURE 14

Applicability of Other Rules to the Review of a Tax Court Decision

[OMITTED]
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Federal Circuit Rules of Practice (March 1, 2023) Page 38

TITLE IV — REVIEW OR ENFORCEMENT OF AN ORDER OF AN 

ADMINISTRATIVE AGENCY, BOARD, COMMISSION, OR OFFICER

FEDERAL RULE OF APPELLATE PROCEDURE 15

Review or Enforcement of an Agency Order

(a) Petition for Review; Joint Petition.

(1) Review of an agency order is commenced by filing, within the 

time prescribed by law, a petition for review with the clerk of a 

court of appeals authorized to review the agency order. If their 

interests make joinder practicable, two or more persons may 

join in a petition to the same court to review the same order.

(2) The petition must:

(A) name each party seeking review either in the caption or 

the body of the petition — using such terms as “et al.,” 

“petitioners,” or “respondents” does not effectively name 

the parties;

(B) name the agency as a respondent (even though not 

named in the petition, the United States is a respondent 

if required by statute); and

(C) specify the order or part thereof to be reviewed.*

(3) Form 3 in the Appendix of Forms is a suggested form of a 

petition for review.†

(4) In this rule “agency” includes an agency, board, commission, or 

officer; “petition for review” includes a petition to enjoin, 

suspend, modify, or otherwise review, or a notice of appeal, 

whichever form is indicated by the applicable statute.

*The petition must also include contact information for the counsel or unrepresented party filing the 

petition. See Fed. Cir. R. 15(a)(3). A petition from an arbitrator’s decision must include contact 

information for the arbitrator as well. See Fed. Cir. R. 15(d). 

†Federal Circuit Form 5 is available for a petition for review to this court.
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Federal Circuit Rules of Practice (March 1, 2023) Page 39

FEDERAL RULE OF APPELLATE PROCEDURE 15

(b) Application or Cross-Application to Enforce an Order; 

Answer; Default.

(1) An application to enforce an agency order must be filed with the 

clerk of a court of appeals authorized to enforce the order. If a 

petition is filed to review an agency order that the court may 

enforce, a party opposing the petition may file a crossapplication for enforcement.

(2) Within 21 days after the application for enforcement is filed, the 

respondent must serve on the applicant an answer to the 

application and file it with the clerk. If the respondent fails to 

answer in time, the court will enter judgment for the relief 

requested. 

(3) The application must contain a concise statement of the 

proceedings in which the order was entered, the facts upon 

which venue is based, and the relief requested.

(c) Service of the Petition or Application.

The circuit clerk must serve a copy of the petition for review, or an 

application or cross-application to enforce an agency order, on each 

respondent as prescribed by Rule 3(d), unless a different manner of 

service is prescribed by statute. At the time of filing, the petitioner 

must:

(1) serve, or have served, a copy on each party admitted to 

participate in the agency proceedings, except for the 

respondents;

(2) file with the clerk a list of those so served; and

(3) give the clerk enough copies of the petition or application to 

serve each respondent.

(d) Intervention. 

Unless a statute provides another method, a person who wants to 

intervene in a proceeding under this rule must file a motion for leave 

to intervene with the circuit clerk and serve a copy on all parties. The 

motion — or other notice of intervention authorized by statute — must 

be filed within 30 days after the petition for review is filed and must 

contain a concise statement of the interest of the moving party and the 

grounds for intervention.
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Federal Circuit Rules of Practice (March 1, 2023) Page 40

FEDERAL RULE OF APPELLATE PROCEDURE 15

(e) Payment of Fees.

When filing any separate or joint petition for review in a court of 

appeals, the petitioner must pay the circuit clerk all required fees.

FEDERAL CIRCUIT RULE 15

Review of an Agency Order or Action

(a) Petition for Review or Notice of Appeal; Payment of Fees; 

Contact Information of Counsel or Unrepresented Petitioner 

or Appellant.

(1) From the Patent and Trademark Office. 

To appeal a decision of the Patent Trial and Appeal Board, the 

Trademark Trial and Appeal Board, or the Director under 15 

U.S.C. § 1071(a), the appellant must file in the Patent and 

Trademark Office a notice of appeal within the time prescribed 

by law. The appellant must simultaneously file the notice 

with the clerk of court. The Director must promptly advise the 

clerk of court whether the notice is timely.

(2) From Another Agency.

(A) Except as provided in Federal Circuit Rule 15(a)(1), to 

petition or appeal from a decision or order of an agency, 

the petitioner must file a petition for review or notice of 

appeal with this court’s clerk of court within the time 

prescribed by law.

(B) A petition filed by the Director of the Office of Personnel 

Management must be filed as prescribed in Federal 

Circuit Rule 47.9. 

(3) Contact Information of Counsel or Unrepresented 

Petitioner or Appellant. 

Each petition for review or notice of appeal must contain the 

counsel’s — or the unrepresented petitioner’s or appellant’s — 

name, current address, email address, and telephone number.
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Federal Circuit Rules of Practice (March 1, 2023) Page 41

FEDERAL CIRCUIT RULE 15

(4) Filing and Payment.

A notice of appeal or petition for review submitted under this 

rule along with the fee set forth in Federal Circuit Rule 52, or 

a motion for leave to proceed in forma pauperis or other 

waiver, must be provided to this court in accordance with 

Federal Circuit Rule 25(b). 

(b) Docketing Petition or Appeal; Notice of Docketing.

(1) Docketing Upon Receipt. 

In a petition for review or appeal from an administrative 

agency, the clerk of court will docket a timely appeal or 

petition upon receipt.

(2) Untimeliness. 

The clerk of court may return a petition for review or notice of 

appeal that is untimely on its face. For an appeal or petition 

docketed by the court, the agency or any party may advise the 

clerk of court concerning the untimeliness of the appeal or 

petition and the clerk may order the appellant to show cause 

why the appeal or petition should not be dismissed and refer 

the appellant’s response to the court.

(3) Notice of Docketing. 

The clerk of court must notify all parties of the date the appeal 

or petition for review is docketed, the assigned appeal number, 

and the short case name.

(4) Official Caption.

The clerk of court will provide the parties with the official 

caption for the case at the time of docketing. Any objection to 

the official caption must be made promptly.

(c) Statement Concerning Discrimination.

(1) Petitioner’s Statement. 

Within fourteen (14) days after a petition for review of a 

decision of the Merit Systems Protection Board or a decision of 

an arbitrator under 5 U.S.C. § 7121 is docketed, the petitioner 

must file a statement indicating whether or not a claim of 

discrimination by reason of race, color, religion, sex, age, 

national origin, or handicapping condition has been or will be 
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Federal Circuit Rules of Practice (March 1, 2023) Page 42

FEDERAL CIRCUIT RULE 15

made in the case. A petitioner must file the statement on the 

form prescribed by the court.

(2) Response When a Claim of Discrimination is Raised in a 

Motion or Brief. 

If the petitioner in a case described in Federal Circuit Rule 

15(c)(1) files a motion or brief involving a claim of 

discrimination as to the case before the court, the respondent 

must state, in a responsive motion or brief, whether the 

respondent concurs or disagrees with the petitioner’s 

statement concerning discrimination and indicate whether or 

not the respondent believes that the court has jurisdiction over 

the petition for review, with reasons provided as necessary.

(3) Failure to File.

Failure to file a completed discrimination statement may 

result in dismissal of the petition for review.

(d) Arbitrator Contact Information.

Any petition for review from an arbitrator’s decision must include the 

arbitrator’s current mailing address, email address, and telephone 

number.

(e) Notice of Election Under 35 U.S.C. § 141 or 15 U.S.C. 

§ 1071(a)(1).

A party filing a notice of election under 35 U.S.C. § 141 or 15 U.S.C. 

§ 1071(a)(1) with the Director of Patents and Trademarks must file a 

copy of the notice with the clerk of court, and the clerk of court must 

dismiss the appeal.

(f) Judicial Review Under 38 U.S.C. § 502.

(1) Time for Filing.

A petition for judicial review of an action of the Secretary of 

the Department of Veterans Affairs under 38 U.S.C. § 502 

must be filed with the clerk of court within six (6) years after 

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

§ 2401(a).

(2) Parties. 

The Secretary of Veterans Affairs must be named the 

respondent.
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Federal Circuit Rules of Practice (March 1, 2023) Page 43

FEDERAL CIRCUIT RULE 15

(3) Contents.

The petition for judicial review must describe how the persons 

seeking review are adversely affected and must specifically 

identify either of the following:

(A) the specific rules or other actions covered by 5 U.S.C. 

§ 552(a)(1) at issue in the petition; or

(B) the notice-and-comment rulemaking process covered by 

5 U.S.C. § 553 at issue in the petition.

(4) Procedure.

Except as provided in Federal Circuit Rule 15(e), the 

procedures applicable to a petition for judicial review under 38 

U.S.C. § 502 are the same as those for a petition for review 

under Federal Rule of Appellate Procedure 15 and Federal 

Circuit Rule 15. 
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Federal Circuit Rules of Practice (March 1, 2023) Page 44

PRACTICE NOTES TO RULE 15

Time to Appeal or Petition.

The table below is provided only as a convenience to parties, who 

should refer to the statutes, rules, and case law before determining 

the period available for taking an appeal or filing a petition for review

and the event that starts the period.

AGENCY STATUTE TIME

Arbitrator 5 U.S.C. §§ 7121, 7703 60 days

Board of Contract 

Appeals 41 U.S.C. § 7107 120 days

Board of Directors, Office 

of Congressional 

Workplace Rights

2 U.S.C. § 1407(c)(3) 90 days

Bureau of Justice 

Assistance 42 U.S.C. § 3796c-2 90 days

Government 

Accountability Office 

Personnel Appeals Board

31 U.S.C. § 755 30 days

International Trade 

Commission 19 U.S.C. § 1337 60 days

Merit Systems 

Protection Board 5 U.S.C. § 7703 60 days

Patent Trial and Appeal 

Board; Trademark Trial 

and Appeal Board; 

Director of the United 

States Patent and 

Trademark Office

35 U.S.C. § 142; 15 

U.S.C. § 1071; 37 C.F.R. 

§§ 90.3(a)(1), 1.304, 2.145

2 months 

or 63 days
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Federal Circuit Rules of Practice (March 1, 2023) Page 45

PRACTICE NOTES TO RULE 15

AGENCY STATUTE TIME

Secretary of Agriculture 7 U.S.C. § 2461 60 days

Secretary of Labor; 

Occupational Safety and 

Health Review 

Commission; Federal 

Labor Relations 

Authority; certain Merit 

Systems Protection 

Board cases and Equal 

Employment 

Opportunity Commission 

cases

28 U.S.C. § 1296 30 days

Secretary of Veterans 

Affairs

38 U.S.C. § 502; Fed. Cir. 

R. 15(f) 60 days

Filing in the Patent and Trademark Office.

A notice of appeal mailed to the Patent and Trademark Office should 

be addressed to

Office of the General Counsel

United States Patent and Trademark Office 

P.O. Box 1450

Alexandria, Virginia 22313-1450.

The general counsel requests that hand delivery, if any, be made 

between the hours of 8:30 a.m. and 5:00 p.m. to

Office of the General Counsel

10B20, Madison Building East

600 Dulany Street, Alexandria, Virginia.

Copy of Decision or Order.

A party filing a petition for review or notice of appeal is urged to attach 

a copy of the decision or order of the agency for which review is sought.
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Federal Circuit Rules of Practice (March 1, 2023) Page 46

PRACTICE NOTES TO RULE 15

Intervention.

A party with the right to appeal or to petition for review may not, 

instead of exercising that right, intervene in another appeal or 

petition to seek relief in its own cause. Because the United States or 

an agency of the United States is often the only appellee or respondent 

in cases under this rule, any other party seeking to intervene on the 

side of the appellee or respondent must move for leave to intervene 

within thirty (30) days after the date when the petition for review or 

notice of appeal is filed. A motion for leave to intervene out of time 

will be granted only in extraordinary circumstances.

Statement Concerning Discrimination.

Using Federal Circuit Form 10 satisfies the requirements under 

Federal Circuit Rule 15(c). The clerk of court will include Form 10 in 

the docketing package provided to any unrepresented petitioner 

seeking review of a decision of the Merit Systems Protection Board or 

an arbitrator.

Timeliness. 

Except in inter partes appeals from decisions of the Patent Trial and 

Appeal Board or the Trademark Trial and Appeal Board, parties in 

agency proceedings do not have the 14-day “cross-appeal” period that 

Federal Rule of Appellate Procedure 4(a)(3) grants to parties 

appealing from trial courts. The court cannot waive the statutory time 

requirements for filing a petition for review or notice of appeal.

Consolidation.

When more than one party appeals, cross-appeals, or petitions for 

review from rulings in the same underlying proceeding, the petitions 

or appeals will usually be consolidated by the clerk of court. Appeals 

or petitions for review from decisions involving the same or related 

patents from the same tribunal will usually be consolidated. Other 

appeals or petitions may be consolidated on motion or by the court sua 

sponte. 
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Federal Circuit Rules of Practice (March 1, 2023) Page 47

PRACTICE NOTES TO RULE 15

Arbitration Awards in the United States Postal Service.

These arbitration awards may not be appealed to this court.

Proper Governmental Party in Appeals from Boards of Contract 

Appeals.

In appeals from the boards of contract appeals, the title of the head of 

the federal agency is listed in the caption along with the name of the 

agency he or she heads.

Filing and Docketing a Petition for Review or Appeal.

A petition for review or appeal is filed when the petition for review or 

notice of appeal is received by the court or, in the case of an appeal 

from the Patent and Trademark Office, when the notice of appeal is 

received by the Director of the United States Patent and Trademark 

Office. A petition for review or appeal is docketed when it is listed on 

the electronic docket and assigned a docket number. 

Change of Head of Agency.

In appeals in which the proper governmental party is the head of the 

agency, counsel for the government should promptly notify the clerk 

of court of any change that would affect the accuracy of the caption.

Expedited Proceedings.

The overall time for a review of an agency decision can be accelerated 

by the expeditious filing of a notice of appeal or petition for review 

shortly after entry of the reviewable agency order. When the 

appellant or petitioner is considering seeking expedited proceedings 

on appeal, the party should consider filing its notice of appeal or 

petition for review and principal brief well before the deadline for such 

actions. For further information on expedition procedures, see the 

Practice Notes to Rule 27. 

Participation by Appellees/Respondents.

An appellee or respondent desiring not to file a brief or join in another 

party’s brief should promptly notify the clerk of court.
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Federal Circuit Rules of Practice (March 1, 2023) Page 48

FEDERAL RULES OF APPELLATE PROCEDURE 15.1

Briefs and Oral Argument in a National Labor Relations Board 

Proceeding

[OMITTED]

FEDERAL RULE OF APPELLATE PROCEDURE 16

The Record on Review or Enforcement

(a) Composition of the Record.

The record on review or enforcement of an agency order consists of:

(1) the order involved;

(2) any findings or report on which it is based; and

(3) the pleadings, evidence, and other parts of the proceedings 

before the agency.

(b) Omissions from or Misstatements in the Record.

The parties may at any time, by stipulation, supply any omission from 

the record or correct a misstatement, or the court may so direct. If 

necessary, the court may direct that a supplemental record be 

prepared and filed.
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Federal Circuit Rules of Practice (March 1, 2023) Page 49

FEDERAL RULE OF APPELLATE PROCEDURE 17

Filing the Record

(a) Agency to File; Time for Filing; Notice of Filing.

The agency must file the record with the circuit clerk within 40 days 

after being served with a petition for review, unless the statute 

authorizing review provides otherwise, or within 40 days after it files 

an application for enforcement unless the respondent fails to answer 

or the court orders otherwise. The court may shorten or extend the 

time to file the record. The clerk must notify all parties of the date 

when the record is filed.

(b) Filing — What Constitutes.

(1) The agency must file:

(A) the original or a certified copy of the entire record or 

parts designated by the parties; or

(B) a certified list adequately describing all documents, 

transcripts of testimony, exhibits, and other material 

constituting the record, or describing those parts 

designated by the parties.*

(2) The parties may stipulate in writing that no record or certified 

list be filed. The date when the stipulation is filed with the 

circuit clerk is treated as the date when the record is filed.

(3) The agency must retain any portion of the record not filed with 

the clerk. All parts of the record retained by the agency are a 

part of the record on review for all purposes and, if the court or 

a party so requests, must be sent to the court regardless of any 

prior stipulation.

*The agency must retain the record and must only send this court the certified list or index. See Fed. 

Cir. R. 15(a). 
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Federal Circuit Rules of Practice (March 1, 2023) Page 50

FEDERAL CIRCUIT RULE 17

Filing the Record

(a) Retaining the Record; Sending the Certified List.

The agency must retain the record and send to this court a certified 

list or index unless this court, on motion or sua sponte, orders 

otherwise. This requirement also applies to arbitrators whose 

decisions are reviewable by this court.

(b) Certified List or Index.

(1) From the United States Patent and Trademark Office. 

No later than forty (40) days after this court dockets an 

appeal, the Director must send to the clerk of court the 

certified list and a copy of the decision or order appealed. This 

constitutes compliance with the requirement of 35 U.S.C. 

§ 143 and 15 U.S.C. § 1071(a)(3) for sending a certified record 

to the court.

(2) From Another Agency. 

No later than forty (40) days after the court serves a petition 

for review or notice of appeal on an agency, the agency must 

send to the clerk of court the certified list or index and a copy 

of the decision or order being appealed.

(3) Index of VA Rulemaking Record. 

In petitions for review under 38 U.S.C. § 502, if a petitioner 

has not adequately identified the rulemaking proceeding 

complained of, so that the Secretary of Veterans Affairs cannot 

send the certified list or index within the time provided in 

Federal Circuit Rule 17(b)(2), the Secretary must promptly 

move to waive or extend the time for filing the certified list or 

index.

(c) Service of Certified List or Index by Agency.

When an agency sends a certified list or index to the clerk of court, it 

must simultaneously serve a copy on the parties and provide a 

certificate of service to the clerk of court.
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Federal Circuit Rules of Practice (March 1, 2023) Page 51

FEDERAL CIRCUIT RULE 17

(d) Access of Parties and Counsel to Original Record.

(1) Material Not Subject to a Protective Order; Inspection 

and Copying. 

When a petition for review or notice of appeal is filed, the 

agency must permit a party or counsel for a party to inspect 

and copy the nonconfidential original papers, transcripts, and 

exhibits to prepare the appendix. This inspection and copying 

is subject to reasonable regulation by the agency.

(2) Material Subject to a Protective Order; Inspection and 

Copying. 

A party or counsel for a party must be permitted to inspect 

and copy material contained in the record governed by a 

protective order of an agency in accordance with that order. If 

this court modifies or annuls the protective order, the access of 

a party or counsel is governed by the order of this court.

(e) Protective Orders.

Federal Circuit Rule 25.1(c) applies to the status of agency protective 

orders and modification thereof.

PRACTICE NOTES TO RULE 17

Transcript of Agency Proceeding at Government Expense.

These rules do not require an agency to provide a party with a written 

transcript at the agency’s expense. Any party seeking a written 

transcript of a hearing should direct the request to the agency, not the 

court.
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Federal Circuit Rules of Practice (March 1, 2023) Page 52

FEDERAL RULE OF APPELLATE PROCEDURE 18

Stay Pending Review

(a) Motion for a Stay.

(1) Initial Motion Before the Agency.

A petitioner must ordinarily move first before the agency for a 

stay pending review of its decision or order.

(2) Motion in the Court of Appeals.

A motion for a stay may be made to the court of appeals or one 

of its judges.

(A) The motion must:

(i) show that moving first before the agency would be 

impracticable; or

(ii) state that, a motion having been made, the agency 

denied the motion or failed to afford the relief 

requested and state any reasons given by the 

agency for its action.

(B) The motion must also include:

(i) the reasons for granting the relief requested and 

the facts relied on;

(ii) originals or copies of affidavits or other sworn 

statements supporting facts subject to dispute; 

and

(iii) relevant parts of the record.

(C) The moving party must give reasonable notice of the 

motion to all parties.

(D) The motion must be filed with the circuit clerk and 

normally will be considered by a panel of the court. But 

in an exceptional case in which time requirements make 

that procedure impracticable, the motion may be made to 

and considered by a single judge.

(b) Bond.

The court may condition relief on the filing of a bond or other 

appropriate security.
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Federal Circuit Rules of Practice (March 1, 2023) Page 53

FEDERAL CIRCUIT RULE 18

Stay Pending Review

(a) Petition for Review or Notice of Appeal; Agency Order.

A petition for review or notice of appeal must be filed with this court 

before it will entertain a motion for a stay or injunction pending 

review. A motion for stay or injunction pending review must be 

accompanied by a certificate of interest under Federal Circuit Rule 

47.4, a copy of the agency decision on the merits, and a copy of any 

agency order on the motion for a stay or injunction pending review.

(b) Notice When Requesting Immediate Action.

A party moving for a stay or injunction pending review and requesting 

immediate action by the court must — before filing — notify all 

parties that a motion will be filed.

(c) Statement.

If an initial motion for a stay pending review was not made in the 

agency under Federal Rule of Appellate Procedure 18(a), the movant 

must include in its motion in this court a statement explaining why it 

was not practicable to do so. If an initial motion for a stay pending 

review was made in the agency and remains pending, the movant 

must include in its motion in this court a statement specifically 

identifying when it filed the motion in the agency and why it is not 

practicable to await a ruling by the agency.
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Federal Circuit Rules of Practice (March 1, 2023) Page 54

PRACTICE NOTES TO RULE 18

Format Requirements.

See Federal Rule of Appellate Procedure 27 for format requirements 

concerning motions.

Emergency Rule 18 Filings.

Parties should notify the Clerk’s Office as soon as possible when filing 

(or in anticipation of filing) a Rule 18 motion. On weekdays from 8:30 

a.m. to 4:30 p.m. (Eastern Time), please call the Clerk’s Office at 202-

275-8055. To notify the Clerk’s Office of emergency Rule 18 filings 

outside of normal operating hours that require action before the next 

business day, please call 202-275-8049 and email 

emergencyfilings@cafc.uscourts.gov. Absent proper notification, the 

Clerk’s Office may not be able to act on an after-hours, emergency 

filing before the next business day.
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Federal Circuit Rules of Practice (March 1, 2023) Page 55

FEDERAL RULE OF APPELLATE PROCEDURE 19

Settlement of a Judgment Enforcing an Agency Order in Part

When the court files an opinion directing entry of judgment enforcing 

the agency’s order in part, the agency must within 14 days file with 

the clerk and serve on each other party a proposed judgment 

conforming to the opinion. A party who disagrees with the agency’s 

proposed judgment must within 10 days file with the clerk and serve 

the agency with a proposed judgment that the party believes conforms 

to the opinion. The court will settle the judgment and direct entry 

without further hearing or argument.

FEDERAL RULE OF APPELLATE PROCEDURE 20

Applicability of Rules to the Review or Enforcement of an Agency Order

All provisions of these rules, except Rules 3–14 and 22–23, apply to 

the review or enforcement of an agency order. In these rules, 

“appellant” includes a petitioner or applicant, and “appellee” includes 

a respondent.

FEDERAL CIRCUIT RULE 20

Applicability of Rules to the Review of an Agency Order or Action

All provisions of these Federal Circuit Rules, except Federal Circuit 

Rules 3–12, apply to the review of an agency order. In these Federal 

Circuit Rules, “appellant” includes a petitioner or applicant, and 

“appellee” includes a respondent.
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Federal Circuit Rules of Practice (March 1, 2023) Page 56

TITLE V — EXTRAORDINARY WRITS

FEDERAL RULE OF APPELLATE PROCEDURE 21

Writs of Mandamus and Prohibition, and Other Extraordinary Writs

(a) Mandamus or Prohibition to a Court: Petition, Filing, Service, 

and Docketing.

(1) A party petitioning for a writ of mandamus or prohibition 

directed to a court must file the petition with the circuit clerk 

and serve it on all parties to the proceeding in the trial court. 

The party must also provide a copy to the trial-court judge. All

parties to the proceeding in the trial court other than the 

petitioner are respondents for all purposes.

(2) (A) The petition must be titled “In re [name of petitioner].”

(B) The petition must state:

(i) the relief sought;

(ii) the issues presented;

(iii) the facts necessary to understand the issue 

presented by the petition; and

(iv) the reasons why the writ should issue.

(C) The petition must include a copy of any order or opinion 

or parts of the record that may be essential to understand 

the matters set forth in the petition.

(3) Upon receiving the prescribed docket fee, the clerk must docket 

the petition and submit it to the court.

(b) Denial; Order Directing Answer; Briefs; Precedence.

(1) The court may deny the petition without an answer. Otherwise, 

it must order the respondent, if any, to answer within a fixed 

time.

(2) The clerk must serve the order to respond on all persons 

directed to respond.

(3) Two or more respondents may answer jointly.
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Federal Circuit Rules of Practice (March 1, 2023) Page 57

FEDERAL RULE OF APPELLATE PROCEDURE 21

(4) The court of appeals may invite or order the trial-court judge to 

address the petition or may invite an amicus curiae to do so. 

The trial-court judge may request permission to address the 

petition but may not do so unless invited or ordered to do so by 

the court of appeals.

(5) If briefing or oral argument is required, the clerk must advise 

the parties, and when appropriate, the trial-court judge or 

amicus curiae.

(6) The proceeding must be given preference over ordinary civil 

cases.

(7) The circuit clerk must send a copy of the final disposition to the 

trial-court judge.

(c) Other Extraordinary Writs.

An application for an extraordinary writ other than one provided for 

in Rule 21(a) must be made by filing a petition with the circuit clerk 

and serving it on the respondents. Proceedings on the application 

must conform, so far as is practicable, to the procedures prescribed in 

Rule 21(a) and (b). 

(d) Form of Papers; Number of Copies; Length Limits.

All papers must conform to Rule 32(c)(2). An original and 3 copies 

must be filed unless the court requires the filing of a different number 

by local rule or by order in a particular case.* Except by the court’s 

permission, and excluding the accompanying documents required by 

Rule 21(a)(2)(C): 

(1) a paper produced using a computer must not exceed 7,800 

words; and

(2) a handwritten or typewritten paper must not exceed 30 pages.†

*No copies are required. See Fed. Cir. R. 21(c)(1); Fed. Cir. R. 25(c)(3). 

†A petition for writ of mandamus or prohibition and any response must include a certificate of 

compliance with the type-volume limitations if filed under Fed. R. App. P. 21(d)(1). See Fed. R. App. 

P. 32(g). 
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Federal Circuit Rules of Practice (March 1, 2023) Page 58

FEDERAL CIRCUIT RULE 21

Writs of Mandamus and Prohibition, and Other Extraordinary Writs

(a) Title; Fee; Response.

(1) A petition for writ of mandamus or prohibition directed to a court 

or an agency must be entitled: “In Re [name of petitioner], 

Petitioner.” 

(2) The petition must include a certificate of interest under Federal 

Circuit Rule 47.4. An entry of appearance for principal counsel 

under Federal Circuit Rule 47.3 must accompany the petition, 

unless the petitioner is unrepresented.

(3) The petition must include proof of service under Federal Rule of 

Appellate Procedure 25(d) and be served outside the court’s 

electronic filing system.

(4) A petition filed under this rule must be filed with this court in 

accordance with Federal Circuit Rule 25(b). The fee set forth in 

Federal Circuit Rule 52, or a motion for leave to proceed in forma 

pauperis or other waiver, must accompany the petition.

(5) No response may be filed unless ordered by the court.

(b) Reply.

If the court directs the filing of a response to a petition, then the petitioner

may file a reply. Unless otherwise ordered, the petitioner may file a reply 

within seven (7) days after the date of the filing of the response. The court 

may act on the petition before receipt of any reply, and thus the filing of 

a reply should be expedited if appropriate. The reply may not exceed 

3,900 words if produced electronically or fifteen (15) pages otherwise.

(c) Copies; Brief.

(1) If the original petition, response, or reply is filed in paper form, 

then no additional copies are required.

(2) The filer of a petition, response, or reply must not submit a separate 

brief in support of its filing.

(d) Service of Order Denying Petition. 

If the petition is denied, the petitioner must serve a copy of the order 

denying the petition on all persons served with the petition unless such a 

person has entered an appearance in the proceeding or has been sent a 

copy of the order by the clerk of court.
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Federal Circuit Rules of Practice (March 1, 2023) Page 59

FEDERAL CIRCUIT RULE 21

(e) Amicus Curiae Brief.

An amicus curiae brief supporting a petition must be accompanied by a 

motion for leave to file and be filed no later than four (4) days after the 

petition is docketed. An amicus curiae brief in opposition to a petition 

must be accompanied by a motion for leave and be filed no later than the 

date the court directs for parties to respond to the petition. The court may 

act on the petition before leave is sought, and thus the filing of a brief and 

a motion for leave should be expedited if appropriate. Federal Rules of 

Appellate Procedure 29(a)(3) and 29(a)(4) apply to the motion and brief, 

except that the brief may not exceed 3,900 words if prepared electronically 

or fifteen (15) pages otherwise.

(f) Petition for Panel Rehearing or Rehearing En Banc.

Federal Rule of Appellate Procedure 40 and Federal Circuit Rule 40 apply 

to any petition for panel rehearing. Federal Rule of Appellate Procedure 

35 and Federal Circuit Rule 35 apply to any petition for rehearing en banc 

or a combined petition for panel rehearing and rehearing en banc.
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Federal Circuit Rules of Practice (March 1, 2023) Page 60

TITLE VI — HABEAS CORPUS; PROCEEDINGS IN FORMA PAUPERIS

FEDERAL RULE OF APPELLATE PROCEDURE 22

Habeas Corpus and Section 2255 Proceedings

[OMITTED]

FEDERAL RULE OF APPELLATE PROCEDURE 23

Custody or Release of a Prisoner in a Habeas Corpus Proceeding

[OMITTED]

FEDERAL RULE OF APPELLATE PROCEDURE 24

Proceeding in Forma Pauperis

(a) Leave to Proceed in Forma Pauperis. 

(1) Motion in the District Court.

Except as stated in Rule 24(a)(3), a party to a district-court 

action who desires to appeal in forma pauperis must file a 

motion in the district court. The party must attach an 

affidavit that:

(A) shows in the detail prescribed by Form 4 of the Appendix 

of Forms the party’s inability to pay or to give security 

for fees and costs;*

(B) claims an entitlement to redress; and

(C) states the issues that the party intends to present on 

appeal.

(2) Action on the Motion.

If the district court grants the motion, the party may proceed 

on appeal without prepaying or giving security for fees and 

* Federal Circuit Form 6 is this court’s version of Form 4. 
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Federal Circuit Rules of Practice (March 1, 2023) Page 61

FEDERAL RULE OF APPELLATE PROCEDURE 24

costs, unless a statute provides otherwise. If the district court 

denies the motion, it must state its reasons in writing.

(3) Prior Approval.

A party who was permitted to proceed in forma pauperis in the 

district-court action, or who was determined to be financially 

unable to obtain an adequate defense in a criminal case, may 

proceed on appeal in forma pauperis without further 

authorization, unless:

(A) the district court — before or after the notice of appeal is 

filed — certifies that the appeal is not taken in good faith 

or finds that the party is not otherwise entitled to proceed 

in forma pauperis and states in writing its reasons for 

the certification or finding; or

(B) a statute provides otherwise.

(4) Notice of District Court’s Denial.

The district clerk must immediately notify the parties and the 

court of appeals when the district court does any of the 

following:

(A) denies a motion to proceed on appeal in forma pauperis;

(B) certifies that the appeal is not taken in good faith; or

(C) finds that the party is not otherwise entitled to proceed 

in forma pauperis.

(5) Motion in the Court of Appeals.

A party may file a motion to proceed on appeal in forma 

pauperis in the court of appeals within 30 days after service of 

the notice prescribed in Rule 24(a)(4). The motion must 

include a copy of the affidavit filed in the district court and the 

district court’s statement of reasons for its action. If no 

affidavit was filed in the district court, the party must include 

the affidavit prescribed by Rule 24(a)(1). 

(b) Leave to Proceed in Forma Pauperis on Appeal from the 

United States Tax Court or on Appeal or Review of an 

Administrative Agency Proceeding.

A party may file in the court of appeals a motion for leave to proceed 

on appeal in forma pauperis with an affidavit prescribed by Rule 

24(a)(1): 
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Federal Circuit Rules of Practice (March 1, 2023) Page 62

FEDERAL RULE OF APPELLATE PROCEDURE 24

(1) in an appeal from the United States Tax Court; and

(2) when an appeal or review of a proceeding before an 

administrative agency, board, commission, or officer proceeds 

directly in the court of appeals.

(c) Leave to Use Original Record.

A party allowed to proceed on appeal in forma pauperis may request 

that the appeal be heard on the original record without reproducing 

any part.

FEDERAL CIRCUIT RULE 24

Proceeding in Forma Pauperis

(a) Form.

Within fourteen (14) days after docketing, parties seeking to proceed 

in forma pauperis must submit a motion and affidavit using this 

court’s form or the form provided in the Federal Rules of Appellate 

Procedure. The clerk of court will provide unrepresented parties with 

a copy of this court’s form upon request.

(b) Supplemental Form.

If the movant is incarcerated, in addition to the motion and affidavit, 

the movant must file a supplemental form for prisoners.
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Federal Circuit Rules of Practice (March 1, 2023) Page 63

PRACTICE NOTES TO RULE 24

Docketing Fee; Transcript Request.

A party permitted to proceed in forma pauperis on appeal is not 

required to pay the docketing fee. Any request for a transcript of an 

agency proceeding at government expense is governed by agency 

regulations and must be directed to the agency.

Proceeding on Original Record.

A request under Federal Rule of Appellate Procedure 24(c) that an 

appeal be heard on the original record is rarely granted because the 

available informal brief procedure permits an appendix consisting 

only of a copy of the decision or order sought to be reviewed. See 

Federal Circuit Rule 30(h); Federal Circuit Forms 11–17. 

Effect of Prison Litigation Reform Act.

Under the Prison Litigation Reform Act of 1995, a prisoner granted 

pauper status before the district court is not automatically entitled to 

pauper status on appeal. See 28 U.S.C. § 1915. A prisoner seeking to 

proceed in forma pauperis is directed to the Guide for Unrepresented 

Petitioners and Appellants for further information.

Forms.

Using Federal Circuit Form 6 satisfies the requirements for a motion 

and affidavit for leave to proceed in forma pauperis under Federal 

Circuit Rule 24(a). Using Federal Circuit Form 6A satisfies the 

requirement for incarcerated movants to file a supplemental form for 

prisoners under Federal Circuit Rule 24(b). 
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Federal Circuit Rules of Practice (March 1, 2023) Page 64

TITLE VII — GENERAL PROVISIONS

FEDERAL RULE OF APPELLATE PROCEDURE 25

Filing and Service

(a) Filing.

(1) Filing with the Clerk.

A paper required or permitted to be filed in a court of appeals 

must be filed with the clerk.

(2) Filing: Method and Timeliness.

(A) Nonelectronic Filing.

(i) In General. For a paper not filed electronically, 

filing may be accomplished by mail addressed to 

the clerk, but filing is not timely unless the clerk 

receives the papers within the time fixed for filing.

(ii) A Brief or Appendix. A brief or appendix not 

filed electronically is timely filed, however, if on or 

before the last day for filing, it is:

• mailed to the clerk by first-class mail, or 

other class of mail that is at least as 

expeditious, postage prepaid; or

• dispatched to a third-party commercial 

carrier for delivery to the clerk within 3 

days.

(iii) Inmate Filing. If an institution has a system 

designed for legal mail, an inmate confined there 

must use that system to receive the benefit of this 

Rule 25(a)(2)(A)(iii). A paper not filed 

electronically by an inmate is timely if it is 

deposited in the institution’s internal mail system 

on or before the last day for filing and:

• it is accompanied by: a declaration in 

compliance with 28 U.S.C. § 1746 — or a 

notarized statement — setting out the date 

of deposit and stating that first-class 

postage is being prepaid; or evidence (such 

as a postmark or date stamp) showing that 
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Federal Circuit Rules of Practice (March 1, 2023) Page 65

FEDERAL RULE OF APPELLATE PROCEDURE 25

the paper was so deposited and that postage 

was prepaid; or

• the court of appeals exercises its discretion 

to permit the later filing of a declaration or 

notarized statement that satisfies Rule 

25(a)(2)(A)(iii). 

(B) Electronic Filing and Signing.

(i) By a Represented Person — Generally 

Required; Exceptions. A person represented by 

an attorney must file electronically, unless 

nonelectronic filing is allowed by the court for good 

cause or is allowed or required by local rule.*

(ii) By an Unrepresented Person — When 

Allowed or Required. A person not represented 

by an attorney:

• may file electronically only if allowed by 

court order or by local rule; and

• may be required to file electronically only by 

court order, or by a local rule that includes 

reasonable exceptions.†

(iii) Signing. A filing made through a person’s 

electronic-filing account and authorized by that 

person, together with that person’s name on a 

signature block, constitutes the person’s 

signature.‡

(iv) Same as a Written Paper. A paper filed 

electronically is a written paper for purposes of 

these rules.

*See Fed. Cir. R. 25(c)(1)(A)–(B) and Fed. Cir. R. 30(i) for situations where a person represented by an 

attorney may file in paper.

†Fed. Cir. R. 25(a)(1)(B) authorizes the clerk of court to permit electronic filing for unrepresented 

parties which began on October 1, 2020.

‡The acceptable formats for the electronic signature are described in Fed. Cir. 25(g)(1)(A). The oath of 

admission to the Federal Circuit bar requires a handwritten signature. See Fed. Cir. R. 25(g)(2). 
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Federal Circuit Rules of Practice (March 1, 2023) Page 66

FEDERAL RULE OF APPELLATE PROCEDURE 25

(3) Filing a Motion with a Judge.

If a motion requests relief that may be granted by a single 

judge, the judge may permit the motion to be filed with the 

judge; the judge must note the filing date on the motion and 

give it to the clerk.

(4) Clerk’s Refusal of Documents.

The clerk must not refuse to accept for filing any paper 

presented for that purpose solely because it is not presented in 

proper form as required by these rules or by any local rule or 

practice.

(5) Privacy Protection.

An appeal in a case whose privacy protection was governed by 

Federal Rule of Bankruptcy Procedure 9037, Federal Rule of 

Civil Procedure 5.2, or Federal Rule of Criminal Procedure 

49.1 is governed by the same rule on appeal. In all other 

proceedings, privacy protection is governed by Federal Rule of 

Civil Procedure 5.2, except that Federal Rule of Criminal 

Procedure 49.1 governs when an extraordinary writ is sought 

in a criminal case. The provisions on remote electronic access 

in Federal Rule of Civil Procedure 5.2(c)(1) and (2) apply in a 

petition for review of a benefits decision of the Railroad 

Retirement Board under the Railroad Retirement Act.

(b) Service of All Papers Required.

Unless a rule requires service by the clerk, a party must, at or before 

the time of filing a paper, serve a copy on the other parties to the 

appeal or review. Service on a party represented by counsel must be 

made on the party’s counsel.

(c) Manner of Service.

(1) Nonelectronic service may be any of the following:

(A) personal, including delivery to a responsible person at 

the office of counsel;

(B) by mail;

(C) by third-party commercial carrier for delivery within 3 

days. 
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Federal Circuit Rules of Practice (March 1, 2023) Page 67

FEDERAL RULE OF APPELLATE PROCEDURE 25

(2) Electronic service of a paper may be made (A) by sending it to a 

registered user by filing it with the court’s electronic-filing 

system or (B) by sending it by other electronic means that the 

person to be served consented to in writing.

(3) When reasonable considering such factors as the immediacy of 

the relief sought, distance, and cost, service on a party must be 

by a manner at least as expeditious as the manner used to file 

the paper with the court.

(4) Service by mail or by commercial carrier is complete on mailing 

or delivery to the carrier. Service by electronic means is 

complete on filing or sending, unless the party making service 

is notified that the paper was not received by the party served.

(d) Proof of Service.

(1) A paper presented for filing must contain either of the following

if it was served other than through the court’s electronic-filing 

system: 

(A) an acknowledgment of service by the person served; or

(B) proof of service consisting of a statement by the person 

who made service certifying:

(i) the date and manner of service;

(ii) the names of the persons served; and

(iii) their mail or electronic addresses, facsimile 

numbers, or the addresses of the places of delivery, 

as appropriate for the manner of service.

(2) When a brief or appendix is filed by mailing or dispatch in 

accordance with Rule 25(a)(2)(A)(ii), the proof of service must 

also state the date and manner by which the document was 

mailed or dispatched to the clerk.

(3) Proof of service may appear on or be affixed to the papers filed.
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FEDERAL RULE OF APPELLATE PROCEDURE 25

(e) Number of Copies.

When these rules require the filing or furnishing of a number of copies, 

a court may require a different number by local rule or by order in a 

particular case.*

*All of this court’s paper copy requirements are consolidated under Fed. Cir. R. 25(c)(3). 
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Federal Circuit Rules of Practice (March 1, 2023) Page 69

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.*

*Ed. Note: Electronic filing for unrepresented parties was made available beginning on October 1, 

2020.
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Federal Circuit Rules of Practice (March 1, 2023) Page 70

FEDERAL CIRCUIT RULE 25

(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 

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 

*Ed. Note: The Electronic Filing Procedures adopted by the clerk of court are available on the court’s 

website at https://cafc.uscourts.gov/wp-content/uploads/ElectronicFilingProcedures.pdf. 
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Federal Circuit Rules of Practice (March 1, 2023) Page 71

FEDERAL CIRCUIT RULE 25

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 

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.
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FEDERAL CIRCUIT RULE 25

(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, 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.
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Federal Circuit Rules of Practice (March 1, 2023) Page 73

FEDERAL CIRCUIT RULE 25

(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.

(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.

Thirteen (13) 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, twentysix (26) 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 
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Federal Circuit Rules of Practice (March 1, 2023) Page 74

FEDERAL CIRCUIT RULE 25

that order. Twenty-six (26) 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.

(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 
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Federal Circuit Rules of Practice (March 1, 2023) Page 75

FEDERAL CIRCUIT RULE 25

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 

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. 
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Federal Circuit Rules of Practice (March 1, 2023) Page 76

FEDERAL CIRCUIT RULE 25

(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 

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.
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FEDERAL CIRCUIT RULE 25

(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.

(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.
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Federal Circuit Rules of Practice (March 1, 2023) Page 78

PRACTICE NOTES TO RULE 25

Location of Clerk’s Office; Hours of Operation; Night Box.

The clerk’s office is in Room 401 of the National Courts Building, 717 

Madison Place, NW, Washington, DC 20439, and is open from 8:30 a.m. 

to 4:30 p.m. on workdays. After the office closes on workdays, papers may 

be deposited until midnight in a night box at the garage entrance on H 

Street NW, between 15th Street and Madison Place.

Clerk’s Mailing Address.

Address mail as follows:

Clerk of Court

United States Court of Appeals for the Federal Circuit

717 Madison Place NW

Washington, DC 20439

The clerk of court will not pay postage due.

Return Copy Marked Received.

When a brief or other paper is presented for filing and the filer provides 

a copy to be marked “received,” the clerk of court will mark it received 

and return it. If the filing is by mail or if the night box is used, a selfaddressed, postage-paid (first class) return envelope must accompany the 

request. 

Unrepresented Party Who Is a Member of the Bar.

If an unrepresented party is also a member of the court’s bar, that 

individual may proceed under the rules applicable for either represented 

or unrepresented parties, but not both in a single case.

Paper Copies of Briefs and Appendices.

Counsel should not submit paper copies of any briefs or appendices 

required under Federal Circuit Rule 25(c)(3)(A) until after the court 

issues a notice indicating that the copies are due and the deadline for 

filing these copies. In typical, non-expedited cases, the clerk of court 

issues this notice shortly after briefing concludes. Paper copies for 

petitions and briefs related to panel rehearing, en banc hearing, or en 

banc rehearing are due after the filing of the electronic version as 

required by Federal Circuit Rule 25(c)(3)(B)-(D). 
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Federal Circuit Rules of Practice (March 1, 2023) Page 79

PRACTICE NOTES TO RULE 25

Confidential Filings.

For purposes of these rules, documents filed as “confidential” are treated 

the same as documents filed “under seal.”

Unrepresented Party Filing Election. 

Using Federal Circuit Form 8B satisfies the requirement for an 

unrepresented party to notify the court of the elected filing method under 

Federal Circuit Rule 25(a)(1)(B).

Certificate of Service.

Using Federal Circuit Form 30 satisfies the requirements for proof of 

service under Federal Rule of Appellate Procedure 25(d) and Federal 

Circuit Rule 25(e). 

FEDERAL CIRCUIT RULE 25.1

Privacy and Confidentiality

(a) Scope.

(1) Availability to the Public.

Unredacted material included in nonconfidential or unsealed 

filings is presumed to be public. After five (5) years following 

the end of all proceedings in this court, the court may direct the 

parties to show cause why confidential filings (except those 

protected by statute) should not be unsealed and made available 

to the public.

(2) Restricted Access.

At the time of filing, access to confidential or sealed documents 

will be restricted to authorized court personnel only. If a party 

or its counsel has not been authorized access to confidential or 

sealed material under a governing protective order, any filing 

containing such material must include the pertinent protective 

order with a cover letter indicating which parties or counsel are 

not authorized access. The court may provide access to 

confidential or sealed material to all parties and counsel in a 

case who are not identified on such a cover letter. Any 
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Federal Circuit Rules of Practice (March 1, 2023) Page 80

FEDERAL CIRCUIT RULE 25.1

confidential or sealed document filed without a cover letter is 

assumed to be accessible by all parties and counsel in the case.

(3) Responsibility for Review.

The parties and their counsel are solely responsible for redacting 

restricted or sensitive materials from documents, identifying 

any counsel or parties to the case not permitted to access 

confidential or sealed material, and properly filing confidential 

or sealed material. The clerk of court is not required to review 

documents to ensure material has been appropriately redacted.

(4) Redactions.

No material may appear redacted in a filing with this court 

except as provided in Federal Rule of Appellate Procedure 

25(a)(5) or Federal Circuit Rules 25.1(b), 25.1(d), or 30(c)(2), or if 

that material was only filed in redacted form at the trial court or 

agency.

(b) Personally Identifiable Information.

All parties must refrain from including or must redact personally 

identifiable information (PII) from documents filed with the court. 

Documents that contain only redacted PII and no other confidential 

markings are not required to adhere to Federal Circuit Rule 25.1(e). The 

requirement to redact PII may be waived by the inclusion of a statement 

of consent. Examples of PII include the following:

(1) Social security numbers;

(2) Financial account numbers;

(3) Names of minors (use instead the minor’s initials);

(4) Dates of birth (use the year only); and

(5) Home addresses (use the city and state only).

(c) Protective Orders.

(1) Status of a Protective Order on Appeal.

In general, any portion of the record that was subject to a 

protective order in the trial court or agency must remain subject 

to that order on appeal or review. Material will lose its status as 

subject to a protective order, however, if and when it has been 

removed from protected status under subsection (2) below or has 

appeared in a filing without being marked confidential. This 
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Federal Circuit Rules of Practice (March 1, 2023) Page 81

FEDERAL CIRCUIT RULE 25.1

court, sua sponte, may direct the parties to show cause why a 

protective order should not be modified.

(2) Agreement by Parties to Modify a Protective Order.

If any portion of the record in the trial court or agency is subject 

to a protective order and a notice of appeal or petition for review 

has been filed, each party must promptly review the record to 

determine whether protected portions need to remain protected 

on appeal. If a party determines that some portion no longer 

needs to be protected, that party must seek an agreement with 

the other parties. Any agreement that is reached must be 

promptly presented to the trial court or agency, which may issue 

an appropriate order.

(A) Certificate of Compliance.

In appeals of proceedings subject to a protective order in 

the trial court or agency, each party must file a certificate 

of compliance no later than the time for filing the appendix 

stating it complied with this rule.

(B) Exclusion.

This requirement does not apply to cases arising under 19 

U.S.C. § 1516a or to third-party information marked 

confidential.

(d) Confidential Marking Limitations; Motions to Exceed 

Limitations.

(1) Motions, Petitions, Responses, Replies, and Briefs.

Material in a motion, petition, response, reply, or brief may only 

be marked confidential to the extent noted in subsections (A)–

(C) below, and only if the information (1) is treated as 

confidential pursuant to a judicial or administrative protective 

order and (2) such marking is authorized by statute, 

administrative regulation, or court rule (such as Federal Rule of 

Civil Procedure 26(c)(1)). Otherwise, no material may be 

marked confidential, including references to information 

previously treated as confidential pursuant to a protective 

order.*

*Ed. Note: The parties must be prepared to justify to the court any claim of confidentiality. See the 

(continued on the next page)
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Federal Circuit Rules of Practice (March 1, 2023) Page 82

FEDERAL CIRCUIT RULE 25.1

(A) General Limitation.

Each motion, petition, response, reply, or brief may mark 

as confidential up to fifteen (15) unique words (including 

numbers).

(B) Limitation for Cases Under 19 U.S.C. § 1516a or 28 

U.S.C. § 1491(b).

In cases arising under 19 U.S.C. § 1516a or 28 U.S.C. 

§ 1491(b), each motion, petition, response, reply, or brief 

may mark confidential up to fifty (50) unique words 

(including numbers).

(C) Exclusions. 

When a phrase is marked confidential in a filing, the words 

in the phrase count against the unique word allotment for 

that filing; but repeating the same confidential material in 

the same filing does not use up any more of the unique 

word allotment. If a responsive filing uses material 

previously marked confidential in the filing(s) to which it 

responds, that material does not count against the unique 

word allotment for the responsive filing.

(D) Applicability. 

The limitations of Federal Circuit Rule 25.1(d)(1) do not 

apply to appendices; attachments; exhibits; and addenda to 

motions, petitions, responses, replies, or briefs.

(2) Other Documents.

Material that is covered by a protective order or that has 

confidentiality imposed on it by a statute, rule, or regulation 

may be marked confidential in any filing other than those 

subject to Federal Circuit Rule 25.1(d)(1) without any limitation 

on the number of markings. Material that has lost its protective 

coverage under Federal Circuit Rule 25.1(c) may not be marked 

confidential.

Practice Notes to Rule 25.1 (Justification for Claim of Confidentiality) and Rule 34 (Justification for 

Claim of Confidentiality).
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Federal Circuit Rules of Practice (March 1, 2023) Page 83

FEDERAL CIRCUIT RULE 25.1

(3) Motion to Waive Requirements.

A party seeking to mark more words confidential than permitted 

must file a motion with this court. Access to a filing 

accompanied by a motion to waive confidentiality requirements 

will be restricted in accordance with Federal Circuit Rule 25.1(a)

and will remain restricted should the motion be denied, unless 

ordered otherwise.

(A) Contents.

The motion must identify the total number of unique words 

sought to be marked confidential and establish why the 

additional markings are appropriate and necessary 

pursuant to a statute, administrative regulation, or court 

rule. For example, a party may establish that an argument 

cannot be properly developed without additional disclosure 

of confidential information, and public disclosure will risk 

causing competitive injury. All motions should explain in 

detail the propriety of confidentiality and provide reasons 

and/or legal citations for each source of information sought 

to be marked as confidential. 

(B) Time for Filing.

The motion must be filed contemporaneously with the 

document for which waiver of confidentiality requirements 

is sought.

(C) Court Action. 

If the motion is denied in whole or in part, an amended 

filing that complies with the confidentiality limitations 

must be filed within ten (10) days after the action on the 

motion. Any amended filing that still does not meet the 

confidentiality limitations must be submitted with a new 

motion. 

(e) Contents and Format for Confidential Filings.

(1) Two Versions.

A document containing material subject to confidentiality as 

permitted by Federal Circuit Rule 25.1(d) must be filed with the 

court in two versions: a confidential version that notes the 

material marked confidential, and a nonconfidential version 

containing appropriate redactions.
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Federal Circuit Rules of Practice (March 1, 2023) Page 84

FEDERAL CIRCUIT RULE 25.1

(A) Confidential Version.

The cover or front page of the confidential version must be 

labeled “confidential,” either centered at the top or 

contained in the title. If confidentiality will end on a 

certain date or upon the happening of an event, this must 

be stated on the cover or front page (e.g., 

“CONFIDENTIAL UNTIL [DATE],” or “CONFIDENTIAL 

DURING JUDICIAL REVIEW”). Each page containing 

confidential material must enclose this material in 

brackets or indicate this material by highlighting. The 

confidential version of an appendix must include at the 

beginning (i.e., in front of the judgment or order appealed 

from) pertinent excerpts of any statutes imposing 

confidentiality or the entirety of any judicial or 

administrative protective order.

(B) Nonconfidential Version.

The cover or front page of the nonconfidential version must 

be labeled “nonconfidential,” either centered at the top or 

contained in the title. Each page from which material 

subject to a protective order has been deleted or redacted 

must bear a legend so stating. Except for redactions in 

exhibits, addenda, and appendices, an adequate, general 

descriptor of the material must appear over the deletion or 

redaction. The table of contents must include a paragraph 

describing the general nature of the confidential material 

that has been deleted and applicable page numbers. If the 

document does not contain a table of contents, this 

paragraph must be the first paragraph of the document. 

(2) Certificate of Confidential Material.

A motion, petition, response, reply, or brief that includes 

material marked confidential under Federal Circuit Rule 

25.1(d)(1) must be accompanied by a certificate that indicates 

the exact number of unique words (including numbers) sought to 

be marked confidential. It is the responsibility of the filing 

party to ensure that the certificate of confidential material is 

accurate.
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Federal Circuit Rules of Practice (March 1, 2023) Page 85

PRACTICE NOTES TO RULE 25.1

Describing the General Nature of Confidential Material Deleted 

from the Nonconfidential Version.

The following example is acceptable:

CONFIDENTIAL MATERIAL OMITTED

The material omitted on page 42 describes the circumstances of an 

alleged lost sale; the material omitted in the first line of page 43 

indicates the dollar amount of an alleged revenue loss; the material 

omitted on page 44 indicates the quantity of the party’s inventory and 

its market share; the material omitted in the text on page 45 describes 

the distributor’s experiences concerning the inventories and order lead 

times; and the material omitted in the footnote on page 45 describes 

non-price factors affecting customers’ preferences between competing 

methods.

Justification for Claim of Confidentiality.

Unnecessarily designating material in the briefs and appendix as 

confidential abrogates the right of public access and may hinder the 

court’s preparation and issuance of opinions. Counsel must be 

prepared to justify at oral argument any claim of confidentiality.

Noting Redactions in the Nonconfidential Version.

When a page redacts confidential information, the legend noting the 

redaction should appear in the margin of the page. When including a 

general descriptor of redacted information, that description must 

appear in place of the redacted information, e.g., “dollar amount,” 

“number of items,” “chemical name.” If an entire page is redacted, a 

slip sheet may be included, and the legend may appear in the center 

of the sheet. If a consecutive range of entire pages is redacted, the 

filer may include one slip sheet with a legend representing the 

redaction of that range of pages.

Noting Confidential Material in the Confidential Version.

The court requires that confidential information be clearly identifiable 

in the confidential version, and the filer should ensure that 

highlighting will not obscure text or be confused with other identifiers 

elsewhere in the document. Brackets should be sized appropriately to 

ensure they are readily recognizable. If an entire page is to be marked 

confidential, the filer may include large brackets on the left and right 
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Federal Circuit Rules of Practice (March 1, 2023) Page 86

PRACTICE NOTES TO RULE 25.1

margin of the page or highlight the entire page. The highlight may be 

in the form of a box over the entire page or a clearly highlighted border 

surrounding the page.

Record Material That Exists in Two Versions.

When material that is part of the record had a sealed and a public 

version of that document, such as an underlying opinion or order, then 

the confidential appendix should include the sealed version and the 

nonconfidential appendix should include the public version. The two 

versions must be appropriately highlighted or bracketed. If one 

version is longer than the other, the shorter version should include 

slip sheets to cover the additional missing pages in its corresponding 

version. 

Confidential Filings.

For purposes of these rules, documents filed as “confidential” are 

treated the same as documents filed “under seal.”

Certificate of Confidential Material.

Using Federal Circuit Form 31 satisfies the certificate requirements 

of Federal Circuit Rule 25.1(e)(2). 
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Federal Circuit Rules of Practice (March 1, 2023) Page 87

FEDERAL RULE OF APPELLATE PROCEDURE 26

Computing and Extending Time

(a) Computing Time.

The following rules apply in computing any time period specified in 

these rules, in any local rule or court order, or in any statute that does 

not specify a method of computing time.

(1) Period Stated in Days or a Longer Unit.

When the period is stated in days or a longer unit of time:

(A) exclude the day of the event that triggers the period;

(B) count every day, including intermediate Saturdays, 

Sundays, and legal holidays; and

(C) include the last day of the period, but if the last day is a 

Saturday, Sunday, or legal holiday, the period continues 

to run until the end of the next day that is not a Saturday, 

Sunday, or legal holiday.*

(2) Period Stated in Hours.

When the period is stated in hours:

(A) begin counting immediately on the occurrence of the 

event that triggers the period;

(B) count every hour, including hours during intermediate 

Saturdays, Sundays, and legal holidays; and

(C) if the period would end on a Saturday, Sunday, or legal 

holiday, the period continues to run until the same time 

on the next day that is not a Saturday, Sunday, or legal 

holiday.

(3) Inaccessibility of the Clerk’s Office.

Unless the court orders otherwise, if the clerk’s office is 

inaccessible:

(A) on the last day for filing under Rule 26(a)(1), then the 

time for filing is extended to the first accessible day that 

is not a Saturday, Sunday, or legal holiday; or

*If a filing is served on a weekend or legal holiday, then calculate the responsive deadline as though 

the document were served on the next business day. See Fed. Cir. R. 26(a)(2), 
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Federal Circuit Rules of Practice (March 1, 2023) Page 88

FEDERAL RULE OF APPELLATE PROCEDURE 26

(B) during the last hour for filing under Rule 26(a)(2), then 

the time for filing is extended to the same time on the 

first accessible day that is not a Saturday, Sunday, or 

legal holiday.*

(4) ‘‘Last Day’’ Defined.

Unless a different time is set by a statute, local rule, or court 

order, the last day ends:

(A) for electronic filing in the district court, at midnight in 

the court’s time zone;

(B) for electronic filing in the court of appeals, at midnight in 

the time zone of the circuit clerk’s principal office;

(C) for filing under Rules 4(c)(1), 25(a)(2)(A)(ii), and 

25(a)(2)(A)(iii) — and filing by mail under Rule 

13(a)(2) — at the latest time for the method chosen for 

delivery to the post office, third-party commercial carrier, 

or prison mailing system; and

(D) for filing by other means, when the clerk’s office is 

scheduled to close.

(5) “Next Day” Defined.

The “next day” is determined by continuing to count forward 

when the period is measured after an event and backward 

when measured before an event.

(6) “Legal Holiday” Defined.

“Legal holiday” means:

(A) the day set aside by statute for observing New Year’s 

Day, Martin Luther King Jr.’s Birthday, Washington’s 

Birthday, Memorial Day, Independence Day, Labor Day, 

Columbus Day, Veterans’ Day, Thanksgiving Day, or 

Christmas Day;

(B) any day declared a holiday by the President or Congress; 

and

(C) for periods that are measured after an event, any other 

day declared a holiday by the state where either of the 

*See Fed. Cir. R. 26(a)(3)–(4) for a broader explanation of how this court defines inaccessibility.
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FEDERAL RULE OF APPELLATE PROCEDURE 26

following is located: the district court that rendered the 

challenged judgment or order, or the circuit clerk’s 

principal office.*

(b) Extending Time.

For good cause, the court may extend the time prescribed by these 

rules or by its order to perform any act or may permit an act to be done 

after that time expires. But the court may not extend the time to file:

(1) a notice of appeal (except as authorized in Rule 4) or a petition 

for permission to appeal; or

(2) a notice of appeal from or a petition to enjoin, set aside, suspend, 

modify, enforce, or otherwise review an order of an 

administrative agency, board, commission, or officer of the 

United States, unless specifically authorized by law.

(c) Additional Time after Certain Kinds of Service.

When a party may or must act within a specified time after being 

served, and the paper is not served electronically on the party or 

delivered to the party on the date stated in the proof of service, 3 days 

are added after the period would otherwise expire under Rule 26(a).†

*“Legal holiday” also means a day on which the clerk’s office is closed by order of the court or chief 

judge. See Fed. Cir. R. 26(a)(1). 

†Three days are not added to deadlines set by court order. See Fed. Cir. R. 26(a)(5). 
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FEDERAL CIRCUIT RULE 26

Computing and Extending Time

(a) Computation of Time; Inaccessibility of the Clerk’s Office.

(1) Legal Holiday.

In addition to the definition under Federal Rule of Appellate 

Procedure 26(a)(6), “legal holiday” includes the day after 

Thanksgiving Day and any day on which the clerk’s office is 

closed by order of the court or the chief judge. The clerk of 

court will publicly post any order issued in accordance with 

this provision. 

(2) Calculating Deadlines.

Unless otherwise ordered, the timeliness of any responsive 

document is computed from the date of service of the original 

submission, regardless of any corrections made by the party. 

Should leave of the court be required to file a document, the 

deadline for any responsive document will be triggered by the 

court’s order on the motion for leave, unless otherwise ordered. 

If a document is served on a Saturday, Sunday, or legal 

holiday, timeliness for any responsive document will be 

calculated from the next business day. Unless a time for filing 

is ordered by the court, filing must be completed before 

midnight Eastern Time on the due date to be considered 

timely.

(3) Inaccessibility of Nonelectronic Filing.

The clerk of court may provide notice that the clerk’s office is 

inaccessible for purposes of receiving nonelectronic filings and 

submissions, and deadlines for nonelectronic filings and 

submissions will be automatically extended in accordance with 

Federal Rule of Appellate Procedure 26(a)(3). Such notice will 

be posted publicly.

(4) Inaccessibility of Electronic Filing.

In the event of a scheduled system outage, unscheduled 

technical failure of the electronic filing system, or other matter 

preventing electronic filing, the clerk of court may provide 

notice that the clerk’s office is inaccessible and extend 

deadlines for electronic filings pursuant to Federal Rule of 

Appellate Procedure 26(a)(3). Such a notice will be posted 

publicly. Electronic filing is not “inaccessible” for purposes of 

extending filing deadlines under Federal Rule of Appellate 
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FEDERAL CIRCUIT RULE 26

Procedure 26(a)(3) absent a notice issued pursuant to this 

subsection or an order entered pursuant to Federal Circuit 

Rule 26(a)(1). 

(5) Court Order.

Federal Rule of Appellate Procedure 26(c) does not apply to 

deadlines set by court order.

(b) Extending Time. 

(1) A motion to extend the time prescribed by the Federal Rules of 

Appellate Procedure, the Federal Circuit Rules, or an order of 

this court must be made at least seven (7) days before the date 

sought to be extended, except that in extraordinary 

circumstances a motion may be made later than that deadline 

if accompanied by an affidavit or unsworn declaration under 

penalty of perjury under 28 U.S.C. § 1746 that describes the 

extraordinary circumstances.

(2) In addition to the requirements under Federal Rule of Appellate 

Procedure 27 and Federal Circuit Rule 27, the motion must 

state the following:

(A) the date to be extended;

(B) the revised date sought;

(C) the number of days of extension sought; and

(D) the total number of days of extension previously granted 

to the movant.

(3) A request for an extension of more than fourteen (14) days must 

be accompanied by an affidavit or unsworn declaration of 

counsel or an unrepresented party under penalty of perjury 

under 28 U.S.C. § 1746 showing good cause for the extension.

(4) At any time before the expiration of a filing deadline, the filer 

may notify the court that additional time is needed to resolve 

confidentiality issues, and the court will provide a one-time per 

document extension of five (5) days to file the document. The 

notice must include an affidavit or unsworn declaration of 

counsel or an unrepresented party under penalty of perjury 

under 28 U.S.C. § 1746 certifying that additional time is needed 

to resolve confidentiality issues. Any additional requests for 

extension to resolve confidentiality issues are by leave of court.
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FEDERAL CIRCUIT RULE 26

(c) Electronic Service of Documents.

Three (3) additional days are not added to the time to file a responsive 

document, when the original document was served through the court’s 

electronic filing system. The court considers service through the 

court’s electronic filing system to be completed on the date and time 

reflected on the Notice of Docket Activity.

PRACTICE NOTES TO RULE 26

Opposition to Extension.

If a party opposes a motion for extension of time, that party should file 

its response promptly. The court will not necessarily wait for an 

opposition before ruling on a motion.

Benefit of Timely Extension Request.

Unless the court has previously ordered that there will be no further 

extensions, an appeal will not be dismissed for failure to file 

appellant’s brief if appellant’s motion to extend the time for filing was 

filed and served at least seven (7) days before the due date for the 

brief, but the motion has not been acted on by the due date.

Extension During Settlement Negotiations.

Parties jointly stipulating that they are actively pursuing settlement 

of the case will be granted a reasonable extension of time to 

accomplish settlement.

Deadlines for Documents Submitted by Mail.

Because of occasional delays with some mail transmitted by the 

United States Postal Service due to screening or other issues, if a 

document must be received by the court on a particular date, then a 

paper filer might consider using an alternative method of delivering 

the document to the court, such as a commercial carrier or handdelivery. The court cannot waive the deadlines for filing a notice of 

appeal or petition for review, even if the document was deposited in 

the mail in a timely fashion.
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Federal Circuit Rules of Practice (March 1, 2023) Page 93

FEDERAL RULE OF APPELLATE PROCEDURE 26.1

Disclosure Statement*

(a) Nongovernmental Corporations.

Any nongovernmental corporation that is a party to a proceeding in a 

court of appeals must file a statement that identifies any parent 

corporation and any publicly held corporation that owns 10% or more 

of its stock or states that there is no such corporation. The same 

requirement applies to a nongovernmental corporation that seeks to 

intervene. 

(b) Organizational Victims in Criminal Cases.

In a criminal case, unless the government shows good cause, it must 

file a statement that identifies any organizational victim of the alleged 

criminal activity. If the organizational victim is a corporation, the 

statement must also disclose the information required by Rule 26.1(a)

to the extent it can be obtained through due diligence.

(c) Bankruptcy Cases.

In a bankruptcy case, the debtor, the trustee, or, if neither is a party, 

the appellant must file a statement that:

(1) identifies each debtor not named in the caption; and

(2) for each debtor that is a corporation, discloses the information 

required by Rule 26.1(a). 

(d) Time for Filing; Supplemental Filing.

The Rule 26.1 statement must:

(1) be filed with the principal brief or upon filing a motion, 

response, petition, or answer in the court of appeals, whichever 

occurs first, unless a local rule requires earlier filing;

(2) be included before the table of contents in the principal brief; 

and

*The Disclosure Statement requirements of Fed. R. App. P. 26.1 are incorporated into and supplanted 

by this court’s Certificate of Interest requirements in Fed. Cir. R. 47.4. See Fed. Cir. R. 26.1. The 

court does not require the Certificate of Interest or Disclosure Statement from unrepresented parties 

or the federal government except in limited circumstances. See Fed. Cir. R. 47.4(b). The court also 

does not require any paper copies of the Certificate of Interest by itself. See Fed. Cir. R. 25(c)(3). 
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FEDERAL RULE OF APPELLATE PROCEDURE 26.1

(3) be supplemented whenever the information required under 

Rule 26.1 changes.

(e) Number of Copies.

If the Rule 26.1 statement is filed before the principal brief, or if a 

supplemental statement is filed, an original and 3 copies must be filed

unless the court requires a different number by local rule or by order 

in a particular case.

FEDERAL CIRCUIT RULE 26.1

Disclosure Statement

The filing of a certificate of interest required by Federal Circuit Rule 

47.4 satisfies the requirements of Federal Rule of Appellate Procedure 

26.1. 

PRACTICE NOTES TO RULE 26.1

Timely Updates.

The court uses the certificate of interest to determine when recusal of 

a judge may be appropriate. Thus, timely correction and updating of 

the certificate is required to identify potential conflicts.
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FEDERAL RULE OF APPELLATE PROCEDURE 27

Motions

(a) In General. 

(1) Application for Relief.

An application for an order or other relief is made by motion 

unless these rules prescribe another form. A motion must be 

in writing unless the court permits otherwise.

(2) Contents of a Motion.*

(A) Grounds and Relief Sought.

A motion must state with particularity the grounds for 

the motion, the relief sought, and the legal argument 

necessary to support it.

(B) Accompanying Documents.

(i) Any affidavit or other paper necessary to support 

a motion must be served and filed with the motion.

(ii) An affidavit must contain only factual 

information, not legal argument.

(iii) A motion seeking substantive relief must include 

a copy of the trial court’s opinion or agency’s 

decision as a separate exhibit.

(C) Documents Barred or Not Required.

(i) A separate brief supporting or responding to a 

motion must not be filed.

(ii) A notice of motion is not required.

(iii) A proposed order is not required.

(3) Response.

(A) Time to File.

Any party may file a response to a motion; Rule 27(a)(2)

governs its contents. The response must be filed within 

10 days after service of the motion unless the court 

shortens or extends the time. A motion authorized by 

*See Fed. Cir. R. 27(a) and (c) for additional required contents.
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FEDERAL RULE OF APPELLATE PROCEDURE 27

Rules 8, 9, 18, or 41 may be granted before the 10-day 

period runs only if the court gives reasonable notice to 

the parties that it intends to act sooner.

(B) Request for Affirmative Relief.

A response may include a motion for affirmative relief. 

The time to respond to the new motion, and to reply to 

that response, are governed by Rule 27(a)(3)(A) and 

(a)(4). The title of the response must alert the court to 

the request for relief.

(4) Reply to Response.

Any reply to a response must be filed within 7 days after 

service of the response. A reply must not present matters that 

do not relate to the response.

(b) Disposition of a Motion for a Procedural Order.

The court may act on a motion for a procedural order — including a 

motion under Rule 26(b) — at any time without awaiting a response, 

and may, by rule or by order in a particular case, authorize its clerk to 

act on specified types of procedural motions. * A party adversely 

affected by the court’s, or the clerk’s, action may file a motion to 

reconsider, vacate, or modify that action. † Timely opposition filed 

after the motion is granted in whole or in part does not constitute a 

request to reconsider, vacate, or modify the disposition; a motion 

requesting that relief must be filed.

(c) Power of a Single Judge to Entertain a Motion.

A circuit judge may act alone on any motion but may not dismiss or 

otherwise determine an appeal or other proceeding. A court of appeals 

may provide by rule or by order in a particular case that only the court

*See Fed. Cir. R. 27(h) and the Practice Notes to Rule 27 (Authority to Act on Motions; Motions 

Referred to Panel) for more information about the clerk of court’s authority. See also Fed. Cir. R. 45(c), 

45(e), 45(f)(3). 

†See Fed. Cir. R. 27(j) and Fed. Cir. R. 45(a) for timing requirements for seeking further review of this 

court’s orders or actions.
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FEDERAL RULE OF APPELLATE PROCEDURE 27

may act on any motion or class of motions. The court may review the 

action of a single judge.*

(d) Form of Papers; Page Limits; and Number of Copies.

(1) Format.

(A) Reproduction.

A motion, response, or reply may be reproduced by any 

process that yields a clear black image on light paper. 

The paper must be opaque and unglazed. Only one side 

of the paper may be used.

(B) Cover.

A cover is not required, but there must be a caption that 

includes the case number, the name of the court, the title 

of the case, and a brief descriptive title indicating the 

purpose of the motion and identifying the party or parties 

for whom it is filed. If a cover is used, it must be white.

(C) Binding. 

The document must be bound in any manner that is 

secure, does not obscure the text, and permits the 

document to lie reasonably flat when open.

(D) Paper Size, Line Spacing, and Margins.

The document must be on 8 1/2 by 11 inch paper. The 

text must be double-spaced, but quotations more than 

two lines long may be indented and single-spaced. 

Headings and footnotes may be single-spaced. Margins 

must be at least one inch on all four sides. Page numbers 

may be placed in the margins, but no text may appear 

there. 

*See Fed. Cir. R. 27(h) and the court’s Internal Operating Procedures available on the court’s website

for more information about the court’s processes for considering motions.
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Federal Circuit Rules of Practice (March 1, 2023) Page 98

(E) Typeface and Type Styles.

The document must comply with the typeface 

requirements of Rule 32(a)(5) and the type-style 

requirements of Rule 32(a)(6). 

(2) Length Limits.

Except by the court’s permission, and excluding the 

accompanying documents authorized by Rule 27(a)(2)(B): 

(A) a motion or response to a motion produced using a 

computer must not exceed 5,200 words;

(B) a handwritten or typewritten motion or response to a 

motion must not exceed 20 pages;

(C) a reply produced using a computer must not exceed 2,600 

words; and

(D) a handwritten or typewritten reply to a response must 

not exceed 10 pages.*

(3) Number of Copies.

An original and 3 copies must be filed unless the court 

requires a different number by local rule or by order in a 

particular case.†

(e) Oral Argument.

A motion will be decided without oral argument unless the court 

orders otherwise.

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:

*A motion, response, or reply must include a certificate of compliance with the type-volume limitations 

if filed under Fed. R. App. P. 27(d)(2)(A) or (d)(2)(C). See Fed. R. App. P. 32(g).

†No copies are required. See Fed. Cir. R. 25(c)(3). 
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FEDERAL CIRCUIT RULE 27

(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.

(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. 
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FEDERAL CIRCUIT RULE 27

(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.

(i) Ex Parte Application.

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

hearing on an application for relief.
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FEDERAL CIRCUIT RULE 27

(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 file 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 nondispositive orders or 

actions by the court, including by a single judge, a panel of judges, or 

the clerk of court, a party must file 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.

PRACTICE NOTES TO RULE 27

Moot Response. 

A response to a motion for a procedural order that is received after the 

motion has been acted on is considered moot.

Authority to Act on Motions; Motions Referred to Panel.

Neither the clerk of court nor the court is required to grant relief just 

because the parties agree it should be granted. The clerk of court’s 

authority to act on procedural or unopposed nonprocedural motions 

includes the authority to grant or deny the requested relief in whole 

or in part or to refer the motion to a judge or a panel. Examples of 

procedural motions include motions for extensions of time, motions to 

reform the caption, motions to withdraw counsel, and motions for 

leave to proceed in forma pauperis. Examples of nonprocedural 

motions include motions to dismiss, motions to remand, motions to 

transfer, motions to summarily affirm, motions for stays of 

injunctions, motions for injunctions, motions to strike, motions for 

leave to intervene, motions for leave to file briefs as amici curiae, etc. 

Motions to exceed the permitted word or page limitation for a brief 

will be decided by a judge. If the clerk of court grants a motion to 
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PRACTICE NOTES TO RULE 27

extend the time to file a principal brief by sixty (60) days, no further 

extensions should be anticipated. Once a case is assigned to a merits 

panel, the clerk of court refers all motions to the merits panel.

Telephone Inquiries about Motions; Access to Orders on Website.

Telephone inquiries about pending motions are discouraged, and 

contacting the court will not expedite action on any motion. Most 

orders are considered routine and counsel will receive notification by 

Notice of Docket Activity as soon as the motion is decided. Counsel or 

the parties may determine the status of a motion and obtain copies of 

court orders through the court’s electronic filing system. Many 

pertinent orders are posted on the court’s website. Under no 

circumstances should parties or counsel telephone a judge, a judge’s 

chambers, or the office of the general counsel about a motion. 

However, when filing an emergency matter or a motion for expedited 

consideration, parties or counsel should call the clerk’s office.

Motion to Expedite Proceedings.

While motions to expedite proceedings are not routinely granted, they 

may be filed in appropriate cases. A motion for expedited proceedings 

is the procedural vehicle to request accelerated consideration of an 

appeal or petition for review, and it should be filed immediately after 

docketing. Such a motion is appropriate where the normal briefing 

and disposition schedule may adversely affect one of the parties, as in 

appeals involving preliminary or permanent injunctions or 

government contract bid protests.

FEDERAL RULE OF APPELLATE PROCEDURE 28

Briefs

(a) Appellant’s Brief.

The appellant’s brief must contain, under appropriate headings and 

in the order indicated:

(1) a disclosure statement if required by Rule 26.1; 

(2) a table of contents, with page references;
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FEDERAL RULE OF APPELLATE PROCEDURE 28

(3) a table of authorities — cases (alphabetically arranged), 

statutes, and other authorities — with references to the pages 

of the brief where they are cited;

(4) a jurisdictional statement, including:

(A) the basis for the district court’s or agency’s subjectmatter jurisdiction, with citations to applicable statutory 

provisions and stating relevant facts establishing 

jurisdiction;

(B) the basis for the court of appeals’ jurisdiction, with 

citations to applicable statutory provisions and stating 

relevant facts establishing jurisdiction;

(C) the filing dates establishing the timeliness of the appeal 

or petition for review; and

(D) an assertion that the appeal is from a final order or 

judgment that disposes of all parties’ claims, or 

information establishing the court of appeals’ jurisdiction 

on some other basis;

(5) a statement of the issues presented for review;

(6) a concise statement of the case setting out the facts relevant to 

the issues submitted for review, describing the relevant 

procedural history, and identifying the rulings presented for 

review, with appropriate references to the record (see Rule 

28(e));

(7) a summary of the argument, which must contain a succinct, 

clear, and accurate statement of the arguments made in the 

body of the brief, and which must not merely repeat the 

argument headings;

(8) the argument, which must contain:

(A) appellant’s contentions and the reasons for them, with 

citations to the authorities and parts of the record on 

which the appellant relies; and

(B) for each issue, a concise statement of the applicable 

standard of review (which may appear in the discussion 

of the issue or under a separate heading placed before the 

discussion of the issues);

(9) a short conclusion stating the precise relief sought; and
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FEDERAL RULE OF APPELLATE PROCEDURE 28

(10) the certificate of compliance, if required by Rule 32(g)(1).*

(b) Appellee’s Brief.

The appellee’s brief must conform to the requirements of Rule 

28(a)(1) – (8) and (10), except that none of the following need appear 

unless the appellee is dissatisfied with the appellant’s statement:

(1) the jurisdictional statement;

(2) the statement of the issues;

(3) the statement of the case; and

(4) the statement of the standard of review.†

(c) Reply Brief.

The appellant may file a brief in reply to the appellee’s brief. Unless 

the court permits, no further briefs may be filed. A reply brief must 

contain a table of contents, with page references, and a table of 

authorities — cases (alphabetically arranged), statutes, and other 

authorities — with references to the pages of the reply brief where 

they are cited.

(d) References to Parties.

In briefs and at oral argument, counsel should minimize use of the 

terms “appellant” and “appellee.” To make briefs clear, counsel should 

use the parties’ actual names or the designations used in the lower 

court or agency proceeding, or such descriptive terms as “the 

employee,” “the injured person,” “the taxpayer,” “the ship,” “the 

stevedore.” 

*Fed. Cir. R. 28(a) lists the required contents for an appellant’s principal brief, and in some instances, 

the requirements are merely restated from Fed. R. App. P. 28(a) to preserve the ordering of the 

materials. Parties must still satisfy the formal requirements for both Fed. R. App. P. 28(a) and Fed. 

Cir. R. 28(a). Where Fed. Cir. R. 28(a) requires information beyond what is required under Fed. R. 

App. P. 28(a) for a section or item, parties should follow the greater requirement in the Federal Circuit 

Rules. The certificate of interest in Fed. Cir. R. 28(a)(1) and certificate of compliance in Fed. Cir. R. 

28(a)(13) replace the requirements of Fed. R. App. P. 28(a)(1) and Fed. R. App. P. 28(a)(10), 

respectively. See Fed. Cir. R. 26.1; Fed. Cir. R. 32(b). 

†An appellee’s brief must include the contents required under Fed. Cir. R. 28(a). Fed. Cir. R. 28(b)

expressly excludes the statements listed under Fed. R. App. P. 28(b) absent disagreement between the 

parties.
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FEDERAL RULE OF APPELLATE PROCEDURE 28

(e) References to the Record.

References to the parts of the record contained in the appendix filed 

with the appellant’s brief must be to the pages of the appendix. If the 

appendix is prepared after the briefs are filed, a party referring to the 

record must follow one of the methods detailed in Rule 30(c).* If the 

original record is used under Rule 30(f) and is not consecutively 

paginated, or if the brief refers to an unreproduced part of the record, 

any reference must be to the page of the original document. For 

example:

• Answer p. 7;

• Motion for Judgment p. 2;

• Transcript p. 231.

Only clear abbreviations may be used. A party referring to evidence 

whose admissibility is in controversy must cite the pages of the 

appendix or of the transcript at which the evidence was identified, 

offered, and received or rejected.

(f) 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 brief or in an addendum at the end or may be supplied to the 

court in pamphlet form.

(g) [Reserved]

(h) [Reserved]

(i) Briefs in a Case Involving Multiple Appellants or Appellees.

In a case involving more than one appellant or appellee, including 

consolidated cases, any number of appellants or appellees may join in 

a brief, and any party may adopt by reference a part of another’s brief. 

Parties may also join in reply briefs.

*This court defers filing of the appendix but requires preparation of the appendix (“designation of 

materials”) prior to the filing of appellant’s principal brief. See Fed. Cir. R. 30(b); see also Fed. Cir. R. 

28(f) (record and appendix citation requirements).
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FEDERAL RULE OF APPELLATE PROCEDURE 28

(j) Citation of Supplemental Authorities.

If pertinent and significant authorities come to a party’s attention 

after the party’s brief has been filed — or after oral argument but 

before decision — a party may promptly advise the circuit clerk by 

letter, with a copy to all other parties, setting forth the citations. The 

letter must state the reasons for the supplemental citations, referring 

either to the page of the brief or to a point argued orally. The body of 

the letter must not exceed 350 words. Any response must be made 

promptly and must be similarly limited. 

FEDERAL CIRCUIT RULE 28

Briefs

(a) Contents and Organization of Principal Briefs.

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;
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FEDERAL CIRCUIT RULE 28

(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) any 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

(12) 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 Requirements. 

(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.*

*Ed. Note: When an appellant permissibly binds an appendix to its brief, the materials listed under 

Fed. Cir. R. 28(c)(1)(a)-(b) will be included in that appendix pursuant to Fed. Cir. R. 30(a)(1)(A)(iii) 

and 30(c)(1), thus rendering the separate addendum requirement moot.
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FEDERAL CIRCUIT RULE 28

(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 

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. 
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FEDERAL CIRCUIT RULE 28

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.

(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 the 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.
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FEDERAL CIRCUIT RULE 28

(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.

PRACTICE NOTES TO RULE 28

Informal Brief.

Using the court’s Form 11, 12, 13, 14, 15, or 16, whichever corresponds 

to the type of case, satisfies the requirements of an informal brief for 

an unrepresented petitioner or appellant under Federal Circuit Rule 

28(g). Using the court’s Form 11A satisfies the requirements of an 

informal response brief for an unrepresented respondent or appellee 

under Federal Circuit Rule 28(g). 

Inclusion of Patents in the Addendum.

The addendum to the appellant’s principal brief under Federal Circuit 

Rule 28(c)(1) must include only patents or patent applications that are 

the subject of the appeal. While prior art patents must not be included 

in the addendum, these patents may still be required to be included 

in the appendix if referenced in briefing by the parties. See Federal 

Circuit Rule 30(b)(5).
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Federal Circuit Rules of Practice (March 1, 2023) Page 111

FEDERAL RULE OF APPELLATE PROCEDURE 28.1

Cross-Appeals

(a) Applicability. 

This rule applies to a case in which a cross-appeal is filed. Rules 

28(a)–(c), 31(a)(1), 32(a)(2), and 32(a)(7)(A)–(B) do not apply to such a 

case, except as otherwise provided in this rule.

(b) Designation of Appellant.

The party who files a notice of appeal first is the appellant for the 

purposes of this rule and Rules 30 and 34. If notices are filed on the 

same day, the plaintiff in the proceeding below is the appellant. These 

designations may be modified by the parties’ agreement or by court 

order.

(c) Briefs. 

In a case involving a cross-appeal:

(1) Appellant’s Principal Brief. 

The appellant must file a principal brief in the appeal. That 

brief must comply with Rule 28(a).*

(2) Appellee’s Principal and Response Brief.

The appellee must file a principal brief in the cross-appeal and 

must, in the same brief, respond to the principal brief in the 

appeal. That appellee’s brief must comply with Rule 28(a), 

except that the brief need not include a statement of the case 

unless the appellee is dissatisfied with the appellant’s 

statement.†

(3) Appellant’s Response and Reply Brief.

The appellant must file a brief that responds to the principal 

brief in the cross-appeal and may, in the same brief, reply to 

the response in the appeal. That brief must comply with Rule 

28(a)(2)–(8) and (10), except that none of the following need 

*Fed. Cir. R. 28.1(d) applies the requirements of Fed. Cir. R. 28(a) to an appellant’s principal brief in 

a case involving a cross-appeal.

†Fed. Cir. R. 28.1(d) applies the requirements of Fed. Cir. R. 28(a) and part of Fed. Cir. R. 28(b) to a 

cross-appellant’s principal and response brief in a case involving a cross-appeal.
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FEDERAL RULE OF APPELLATE PROCEDURE 28.1

appear unless the appellant is dissatisfied with the appellee’s 

statement in the cross-appeal:

(A) the jurisdictional statement; 

(B) the statement of the issues;

(C) the statement of the case; and

(D) the statement of the standard of review.*

(4) Appellee’s Reply Brief.

The appellee may file a brief in reply to the response in the 

cross-appeal. That brief must comply with Rule 28(a)(2)–(3) 

and (10) and must be limited to the issues presented by the 

cross-appeal.

(5) No Further Briefs. 

Unless the court permits, no further briefs may be filed in a 

case involving a cross-appeal.

(d) Cover.

Except for filings by unrepresented parties, the cover of the appellant’s 

principal brief must be blue; the appellee’s principal and response 

brief, red; the appellant’s response and reply brief, yellow; the 

appellee’s reply brief, gray; an intervenor’s or amicus curiae’s brief, 

green; and any supplemental brief, tan. The front cover of a brief must 

contain the information required by Rule 32(a)(2). 

(e) Length.†

(1) Page Limitation. 

Unless it complies with Rule 28.1(e)(2), the appellant’s 

principal brief must not exceed 30 pages; the appellee’s 

principal and response brief, 35 pages; the appellant’s 

response and reply brief, 30 pages; and the appellee’s reply 

brief, 15 pages.

*Fed. Cir. R. 28.1(d) applies the limitations of Fed. Cir. R. 28(b) to an appellant’s response and reply 

brief in a case involving a cross-appeal.

†Fed. Cir. R. 28.1(a)–(c) list this court’s page, type-volume, and compliance requirements for briefs in 

cases involving a cross-appeal.
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FEDERAL RULE OF APPELLATE PROCEDURE 28.1

(2) Type-Volume Limitation.

(A) The appellant’s principal brief or the appellant’s 

response and reply brief is acceptable if it:

(i) contains no more than 13,000 words; or

(ii) uses a monospaced face and contains no more than 

1,300 lines of text.

(B) The appellee’s principal and response brief is acceptable 

if it:

(i) contains no more than 15,300 words; or

(ii) uses a monospaced face and contains no more than 

1,500 lines of text.

(C) The appellee’s reply brief is acceptable if it contains no 

more than half of the type volume specified in Rule 

28.1(e)(2)(A). 

(3) Certificate of Compliance.

A brief submitted under Rule 28.1(e)(2) must comply with 

Rule 32(g)(1). 

(f) Time to Serve and File a Brief.

Briefs must be served and filed as follows:

(1) the appellant’s principal brief, within 40 days after the record 

is filed;

(2) the appellee’s principal and response brief, within 30 days after 

the appellant’s principal brief is served;

(3) the appellant’s response and reply brief, within 30 days after 

the appellee’s principal and response brief is served; and

(4) the appellee’s reply brief, within 21 days after the appellant’s 

response and reply brief is served, but at least 7 days before 

argument unless the court, for good cause, allows a later filing.*

*See Fed. Cir. R. 31(a) for deadlines set by this court for briefs in cases involving cross-appeals. This 

court follows the Fed. R. App. R. 28.1(f) deadline to file the cross-appellant’s reply brief.
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Federal Circuit Rules of Practice (March 1, 2023) Page 114

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). 

(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(c)(1) to the 

extent that the materials differ from those produced in the appellant’s 
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Federal Circuit Rules of Practice (March 1, 2023) Page 115

FEDERAL CIRCUIT RULE 28.1

principal brief. Appellant’s response and reply brief must comply with 

Federal Circuit Rule 28(b). 

PRACTICE NOTES TO RULE 28.1

Cross-Appeals.

A party may file a cross-appeal only when it seeks to modify or 

overturn the judgment of a trial tribunal. Although a party may 

present additional arguments in support of the judgment as an 

appellee, counsel are cautioned against improperly designating an 

appeal as a cross-appeal when they merely present arguments in 

support of the judgment. See Bailey v. Dart Container Corp., 292 F.3d 

1360 (Fed. Cir. 2002). Further, counsel are cautioned, in cases 

involving a proper cross-appeal, that the fourth brief must be limited 

to the issues presented by the cross-appeal. In the third brief, 

moreover, the reply argument on the appeal issues should not exceed 

the length that would be permitted if there were no cross-appeal. In 

all cases, counsel should be prepared to defend the filing of a crossappeal and the propriety of arguments presented in the fourth brief at 

oral argument. See Aventis Pharma S.A. v. Hospira, Inc., 637 F.3d 

1341 (Fed. Cir. 2011).

Time to Serve and File a Brief.

Please refer to Federal Circuit Rule 31(a) for brief due dates when 

there is a cross-appeal.

Clarification to Federal Rule of Appellate Procedure 28.1(c)(4).

Where the term “appellee” is used, it refers to the “cross-appellant.”
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FEDERAL RULE OF APPELLATE PROCEDURE 29

Brief of an Amicus Curiae*

(a) During Initial Consideration of a Case on the Merits.

(1) Applicability. 

This Rule 29(a) governs amicus filings during a court’s initial 

consideration of a case on the merits. 

(2) When Permitted.

The United States or its officer or agency or a state may file an 

amicus brief without the consent of the parties or leave of 

court. Any other amicus curiae may file a brief only by leave 

of court or if the brief states that all parties have consented to 

its filing, but a court of appeals may prohibit the filing of or 

may strike an amicus brief that would result in a judge’s 

disqualification.

(3) Motion for Leave to File.

The motion must be accompanied by the proposed brief and 

state:

(A) the movant’s interest; and

(B) the reason why an amicus brief is desirable and why the 

matters asserted are relevant to the disposition of the 

case.

(4) Contents and Form.

An amicus brief must comply with Rule 32. In addition to the 

requirements of Rule 32, the cover must identify the party or 

parties supported and indicate whether the brief supports 

affirmance or reversal. An amicus brief need not comply with

Rule 28, but must include the following:

(A) if the amicus curiae is a corporation, a disclosure 

statement like that required of parties by Rule 26.1; 

(B) a table of contents, with page references;

*See Fed. Cir. R. 21(e) for additional requirements concerning amicus briefs filed during consideration 

of a petition for writ of mandamus or prohibition.
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FEDERAL RULE OF APPELLATE PROCEDURE 29

(C) a table of authorities — cases (alphabetically arranged), 

statutes, and other authorities — with references to the 

pages of the brief where they are cited;

(D) a concise statement of the identity of the amicus curiae, 

its interest in the case, and the source of its authority to 

file;

(E) unless the amicus curiae is one listed in the first sentence 

of Rule 29(a)(2), a statement that indicates whether:

(i) a party’s counsel authored the brief in whole or in 

part;

(ii) a party or a party’s counsel contributed money 

that was intended to fund preparing or submitting 

the brief; and

(iii) a person — other than the amicus curiae, its 

members, or its counsel — contributed money 

that was intended to fund preparing or submitting 

the brief and, if so, identifies each such person;

(F) an argument, which may be preceded by a summary and 

which need not include a statement of the applicable 

standard of review; and

(G) a certificate of compliance under Rule 32(g)(1), if length 

is computed using a word or line limit.*

(5) Length.

Except by the court’s permission, an amicus brief may be no 

more than one-half the maximum length authorized by these 

rules for a party’s principal brief. If the court grants a party 

permission to file a longer brief, that extension does not affect 

the length of an amicus brief.†

*Fed. Cir. R. 29(a) restates this court’s requirement for a certificate of interest in lieu of the disclosure 

statement listed under Fed. R. App. P. 29(a)(4)(A). Fed. Cir. R. 29(b) references this court’s local 

certificate of compliance requirement in place of the certificate under Fed. Cir. R. 29(a)(4)(G), due to 

the court’s different type-volume limitation for principal briefs from the limitation in the Federal Rules 

of Appellate Procedure.

†Fed. Cir. R. 32(b)(1) sets a different type-volume limitation than that required by the Federal Rules 

(continued on the next page)
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FEDERAL RULE OF APPELLATE PROCEDURE 29

(6) Time for Filing.

An amicus curiae must file its brief, accompanied by a motion 

for filing when necessary, no later than 7 days after the 

principal brief of the party being supported is filed. An amicus 

curiae that does not support either party must file its brief no 

later than 7 days after the appellant’s or petitioner’s principal 

brief is filed. A court may grant leave for later filing, 

specifying the time within which an opposing party may 

answer.

(7) Reply Brief.

Except by the court’s permission, an amicus curiae may not 

file a reply brief. 

(8) Oral Argument.

An amicus curiae may participate in oral argument only with 

the court’s permission.

(b) During Consideration of Whether to Grant Rehearing.

(1) Applicability. 

This Rule 29(b) governs amicus filings during a court’s 

consideration of whether to grant panel rehearing or rehearing 

en banc, unless a local rule or order in a case provides 

otherwise.* 

(2) When Permitted.

The United States or its officer or agency or a state may file an 

amicus brief without the consent of the parties or leave of 

court. Any other amicus curiae may file a brief only by leave 

of court.†

of Appellate Procedure. The court therefore requires that an amicus brief not exceed one-half the 

authorized maximum of the local requirement. See Fed. Cir. R. 29(b). 

*See Fed. Cir. R. 35(g) and Fed. Cir. R. 40(f) for the court’s local rules concerning amicus briefs during 

consideration on whether to grant panel rehearing, rehearing en banc, or hearing en banc.

†All prospective amici curiae, including the federal government, must file a motion for leave to file 

during the court’s consideration of rehearing and en banc petitions. See Fed. Cir. R. 35(g)(1); Fed. Cir. 

R. 40(f)(1). 
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FEDERAL RULE OF APPELLATE PROCEDURE 29

(3) Motion for Leave to File.

Rule 29(a)(3) applies to a motion for leave.

(4) Contents, Form, and Length.

Rule 29(a)(4) applies to the amicus brief. The brief must not 

exceed 2,600 words.

(5) Time for Filing.

An amicus curiae supporting the petition for rehearing or 

supporting neither party must file its brief, accompanied by a 

motion for filing when necessary, no later than 7 days after 

the petition is filed. An amicus curiae opposing the petition 

must file its brief, accompanied by a motion for filing when 

necessary, no later than the date set by the court for the 

response.*

FEDERAL CIRCUIT RULE 29

Brief of an Amicus Curiae

(a) Contents.

In addition to the contents required by Federal Rule of Appellate 

Procedure 29, the brief of an amicus curiae must include a certificate 

of interest under Federal Circuit Rule 47.4 in front of the table of 

contents.

(b) Length.

An amicus brief exceeding one-half the maximum number of pages 

authorized for a principal brief must contain no more than one-half 

the maximum number of words or lines authorized by Federal Circuit 

Rule 32(b) for a principal brief. An amicus brief exceeding the page 

limitation must include a certificate of compliance with the typevolume limitation that adheres to Federal Rule of Appellate Procedure 

32(g). 

*Fed. Cir. R. 35(g)(2) and Fed. Cir. R. 40(f)(2) provide for later filing deadlines for prospective amici 

curiae during the court’s consideration of rehearing and en banc petitions.
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FEDERAL CIRCUIT RULE 29

(c) Citations to the Record.

Each amicus brief must comply with Federal Circuit Rule 28(f). An 

amicus curiae should contact the parties to obtain the designation of 

material for the appendix. Leave of court is required for an amicus 

curiae to cite directly to the record or to file a separate appendix.

PRACTICE NOTES TO RULE 29

Consent.

If an amicus brief on the merits is filed on consent of all parties, then 

no motion for leave is required and the brief should state, pursuant to 

Federal Rule of Appellate Procedure 29(a), that all parties have 

consented to its filing.
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FEDERAL RULE OF APPELLATE PROCEDURE 30

Appendix to the Briefs

(a) Appellant’s Responsibility.

(1) Contents of the Appendix.

The appellant must prepare and file an appendix to the briefs 

containing:

(A) the relevant docket entries in the proceeding below;

(B) the relevant portions of the pleadings, charge, findings, 

or opinion;

(C) the judgment, order, or decision in question; and

(D) other parts of the record to which the parties wish to 

direct the court’s attention.*

(2) Excluded Material.

Memoranda of law in the district court should not be included 

in the appendix unless they have independent relevance. 

Parts of the record may be relied on by the court or the parties 

even though not included in the appendix.

(3) Time to File; Number of Copies.

Unless filing is deferred under Rule 30(c), the appellant must 

file 10 copies of the appendix with the brief and must serve 

one copy on counsel for each party separately represented. An 

unrepresented party proceeding in forma pauperis must file 4 

legible copies with the clerk, and one copy must be served on 

counsel for each separately represented party. The court may 

by local rule or by order in a particular case require the filing 

or service of a different number.†

*Only record materials actually cited by parties in their briefing may be included in the appendix filed 

with this court, unless otherwise required or permitted by Fed. Cir. R. 30. See Fed. Cir. R. 30(a)(1)(B).

†Fed. Cir. R. 30(a)(2) defers filing of the appendix in this court until after briefing is complete. Fed. 

Cir. R. 25(c)(3), cross-referenced in Fed. Cir. R. 30(a)(3), state the court’s appendix paper copy 

requirements.
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FEDERAL RULE OF APPELLATE PROCEDURE 30

(b) All Parties’ Responsibilities

(1) Determining the Contents of the Appendix.

The parties are encouraged to agree on the contents of the 

appendix. In the absence of an agreement, the appellant 

must, within 14 days after the record is filed, serve on the 

appellee a designation of the parts of the record the appellant 

intends to include in the appendix and a statement of the 

issues the appellant intends to present for review. The 

appellee may, within 14 days after receiving the designation, 

serve on the appellant a designation of additional parts to 

which it wishes to direct the court’s attention. The appellant 

must include the designated parts in the appendix. The 

parties must not engage in unnecessary designation of parts of 

the record, because the entire record is available to the court. 

This paragraph applies also to a cross-appellant and a crossappellee.*

(2) Costs of Appendix.

Unless the parties agree otherwise, the appellant must pay 

the cost of the appendix. If the appellant considers parts of 

the record designated by the appellee to be unnecessary, the 

appellant may advise the appellee, who must then advance the 

cost of including those parts. The cost of the appendix is a 

taxable cost. But if any party causes unnecessary parts of the 

record to be included in the appendix, the court may impose 

the cost of those parts on that party. Each circuit must, by 

local rule, provide for sanctions against attorneys who 

unreasonably and vexatiously increase litigation costs by 

including unnecessary material in the appendix.†

(c) Deferred Appendix.

(1) Deferral Until After Briefs Are Filed. 

The court may provide by rule for classes of cases or by order 

in a particular case that preparation of the appendix may be 

*The court’s local designation requirements for the deferred appendix are described in Fed. Cir. R. 

30(b). 

†See Fed. Cir. R. 25(h) for the court’s local rule regarding sanctions. For additional local requirements 

regarding costs of the appendix, see Fed. Cir. R. 30(a)(1)(D) and Fed. Cir. R. 30(f). 
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Federal Circuit Rules of Practice (March 1, 2023) Page 123

FEDERAL RULE OF APPELLATE PROCEDURE 30

deferred until after the briefs have been filed and that the 

appendix may be filed 21 days after the appellee’s brief is 

served. Even though the filing of the appendix may be 

deferred, Rule 30(b) applies; except that a party must 

designate the parts of the record it wants included in the 

appendix when it serves its brief and need not include a 

statement of the issues presented.*

(2) References to the Record.

(A) If the deferred appendix is used, the parties may cite in 

their briefs the pertinent pages of the record. When the 

appendix is prepared, the record pages cited in the briefs 

must be indicated by inserting record page numbers, in 

brackets, at places in the appendix where those pages of 

the record appear.

(B) A party who wants to refer directly to pages of the 

appendix may serve and file copies of the brief within the 

time required by Rule 31(a), containing appropriate 

references to pertinent pages of the record. In that event, 

within 14 days after the appendix is filed, the party must 

serve and file copies of the brief, containing references to 

the pages of the appendix in place of or in addition to the 

references to the pertinent pages of the record. Except 

for the correction of typographical errors, no other 

changes may be made to the brief.†

(d) Format of the Appendix.

The appendix must begin with a table of contents identifying the page 

at which each part begins. The relevant docket entries must follow 

the table of contents. ‡ Other parts of the record must follow 

*Fed. Cir. R. 30(a)(2) defers filing of the appendix in all cases before this court until after briefing is 

complete, though the court affords unrepresented parties the opportunity to submit an informal 

appendix earlier under Fed. Cir. R. 30(h). Preparation of the appendix is addressed in Fed. Cir. R. 

30(b). 

†The parties’ references to record material must follow Fed. Cir. R. 28(f). 

‡After the table of contents, this court requires that 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, be placed first in the appendix. See Fed. Cir. R. 30(c)(1). 

(continued on the next page)
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FEDERAL RULE OF APPELLATE PROCEDURE 30

chronologically. When pages from the transcript of proceedings are 

placed in the appendix, the transcript page numbers must be shown 

in brackets immediately before the included pages. Omissions in the 

text of papers or of the transcript must be indicated by asterisks. 

Immaterial formal matters (captions, subscriptions, 

acknowledgments, etc.) should be omitted.

(e) Reproduction of Exhibits.

Exhibits designated for inclusion in the appendix may be reproduced 

in a separate volume, or volumes, suitably indexed. Four copies must 

be filed with the appendix, and one copy must be served on counsel for 

each separately represented party.* If a transcript of a proceeding 

before an administrative agency, board, commission, or officer was 

used in a district-court action and has been designated for inclusion in 

the appendix, the transcript must be placed in the appendix as an 

exhibit.

(f) Appeal on the Original Record Without an Appendix.

The court may, either by rule for all cases or classes of cases or by 

order in a particular case, dispense with the appendix and permit an 

appeal to proceed on the original record with any copies of the record, 

or relevant parts, that the court may order the parties to file.

If the appendix is filed in two versions pursuant to Fed. Cir. R. 25.1(e)(1), the confidential version must 

include the protective order or excerpts of any statute imposing confidentiality first.

*Fed. Cir. R. 25(c)(1)(B) details the court’s procedures for items, including exhibits as part of an 

appendix, that are unable to be filed electronically. Fed. Cir. R. 30(i) details requirements for 

electronic material that cannot be reproduced in written form as part of an appendix and outlines 

procedures for providing that material on electronic media.
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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, any patents or applications at issue on 

appeal in their 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 
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FEDERAL CIRCUIT RULE 30

cancellation of registered mark in a trademark 

appeal.

(D) If the appellant includes in the appendix material 

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.
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FEDERAL CIRCUIT RULE 30

(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 crossappellant 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.

(3) Number of Copies.

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

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

appeals where all parties are represented by counsel, an 

additional paper copy of any appendix must be provided by the 

filer to principal counsel for the other parties within the same 

timeframe prescribed by Federal Circuit Rule 25(c)(3) unless 

principal counsel states that a paper copy need not be 

provided. No copies are required to be sent to counsel for 

amici curiae.

(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.*

(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.

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

requirement.
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FEDERAL CIRCUIT RULE 30

(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 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. 
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FEDERAL CIRCUIT RULE 30

(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 — 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 
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Federal Circuit Rules of Practice (March 1, 2023) Page 130

FEDERAL CIRCUIT RULE 30

protective order, the excerpt or order must appear before the 

first page and may be paginated with Roman numerals.*

(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.

(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 

*The table of contents must still appear before all contents. See Fed. R. App. P. 30(d). 
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Federal Circuit Rules of Practice (March 1, 2023) Page 131

FEDERAL CIRCUIT RULE 30

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 

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.
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Federal Circuit Rules of Practice (March 1, 2023) Page 132

FEDERAL CIRCUIT RULE 30

(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:

(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 
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Federal Circuit Rules of Practice (March 1, 2023) Page 133

FEDERAL CIRCUIT RULE 30

where the material would have appeared. No separate 

notification is required.

PRACTICE NOTES TO RULE 30

Notice of New References in Cross-Appellant’s Reply Brief.

To expedite preparing the appendix, a cross-appellant will notify the 

appellant promptly on being served the appellant’s reply brief 

whether the cross-appellant will file a reply brief and, if so, whether 

it will refer to pages not cited in the briefs already filed, listing any 

such pages.

Dispensing with the Appendix.

A motion to dispense with the appendix will be granted only in 

extraordinary circumstances.

Testimony in the Appendix.

To reduce bulk in the appendix, the use of condensed, columnar 

transcripts of testimony is encouraged.

Appendix Volumes.

The limit of 400 sheets of paper per volume for appendix paper copies 

equates to 800 pages per volume in the electronic version when the 

paper copies are printed double-sided. Parties should decide on a 

binding method in advance of electronic filing to ensure even smaller 

volumes will not be required. There is no minimum number of pages 

per volume, though the court discourages unnecessary subdivision.

Inclusion of Patents in the Appendix.

Federal Circuit Rule 30(a)(1)(A)(iii) requires the appendix to include 

patents or patent applications that are the subject of the appeal. Prior 

art patents or other patents may only be included in the appendix as 

required by Federal Circuit Rule 30(b)(5).
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Federal Circuit Rules of Practice (March 1, 2023) Page 134

FEDERAL RULE OF APPELLATE PROCEDURE 31

Serving and Filing Briefs

(a) Time to Serve and File a Brief.

(1) The appellant must serve and file a brief within 40 days after 

the record is filed. The appellee must serve and file a brief 

within 30 days after the appellant’s brief is served. The 

appellant may serve and file a reply brief within 21 days after 

service of the appellee’s brief but a reply brief must be filed at 

least 7 days before argument, unless the court, for good cause, 

allows a later filing.*

(2) A court of appeals that routinely considers cases on the merits 

promptly after the briefs are filed may shorten the time to serve 

and file briefs, either by local rule or by order in a particular 

case.

(b) Number of Copies.

Twenty-five copies of each brief must be filed with the clerk and 2 

copies must be served on each unrepresented party and on counsel for 

each separately represented party. An unrepresented party 

proceeding in forma pauperis must file 4 legible copies with the clerk, 

and one copy must be served on each unrepresented party and on 

counsel for each separately represented party. The court may by local 

rule or by order in a particular case require the filing or service of a 

different number.†

(c) Consequence of Failure to File.

If an appellant fails to file a brief within the time provided by this rule, 

or within an extended time, an appellee may move to dismiss the 

appeal. An appellee who fails to file a brief will not be heard at oral 

argument unless the court grants permission.‡

*This court has extended the deadlines to file an appellant’s principal brief and an appellee’s response 

brief to 60 days and 40 days, respectively. See Fed. Cir. R. 31(a)(1)(A)–(B); Fed. Cir. R. 31(a)(2). The 

deadline for a reply brief remains unchanged, though the court may permit later filing in the limited 

circumstance offered by Fed. Cir. R. 34(a)..

†The court requires fewer paper copies of briefs pursuant to Fed. Cir. R. 25(c)(3), as cross-referenced 

in Fed. Cir. R. 31(b). 

‡The clerk of court is authorized to dismiss an appeal for an appellant’s failure to file a principal brief. 

(continued on the next page)
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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 

last-docketed 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 

See Fed. Cir. R. 31(d). The Practice Notes to Rule 26 (Benefit of Timely Extension Request) explain 

how this court views the relationship between an extension request and the filing of an appellant’s 

principal brief as it relates to dismissal.
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Federal Circuit Rules of Practice (March 1, 2023) Page 136

FEDERAL CIRCUIT RULE 31

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

(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). In appeals where all parties are 

represented by counsel, an additional paper copy of each brief must be 

provided by the filer to principal counsel for the other parties within 

the same timeframe prescribed by Federal Circuit Rule 25(c)(3) unless 

principal counsel states that a paper copy need not be provided. No 

copies are required to be sent to counsel for amici curiae, but counsel 

for amici curiae must send a copy to each party as required by this 

subsection. 

(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.
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FEDERAL CIRCUIT RULE 31

(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.

The deadlines to serve and file informal briefs are the same as 

those for briefs that are not informal. See Federal Rule of 

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

FEDERAL RULE OF APPELLATE PROCEDURE 32

Form of Briefs, Appendices, and Other Papers

(a) Form of a Brief.

(1) Reproduction.

(A) A brief may be reproduced by any process that yields a 

clear black image on light paper. The paper must be 

opaque and unglazed. Only one side of the paper may be 

used.*

(B) Text must be reproduced with a clarity that equals or 

exceeds the output of a laser printer.

(C) Photographs, illustrations, and tables may be reproduced 

by any method that results in a good copy of the original; 

a glossy finish is acceptable if the original is glossy.

(2) Cover.

Except for filings by unrepresented parties, the cover of the 

appellant’s brief must be blue; the appellee’s, red; an 

intervenor’s or amicus curiae’s, green; any reply brief, gray; 

*This court encourages the double-sided printing of appendices and addenda. If an appendix or 

addendum is bound with a brief, the brief must remain single-sided, but the appendix or addendum 

portion may be double-sided. See Fed. Cir. R. 30(c)(3); Fed. Cir. R. 32(d). 
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Federal Circuit Rules of Practice (March 1, 2023) Page 138

FEDERAL RULE OF APPELLATE PROCEDURE 32

and any supplemental brief, tan.* The front cover of a brief 

must contain:

(A) the number of the case centered at the top;

(B) the name of the court; †

(C) the title of the case (see Rule 12(a)); ‡

(D) the nature of the proceeding (e.g., Appeal, Petition for 

Review) and the name of the court, agency, or board 

below; 

(E) the title of the brief, identifying the party or parties for 

whom the brief is filed; and

(F) the name, office address, and telephone number of 

counsel representing the party for whom the brief is 

filed.§

(3) Binding. 

The brief must be bound in any manner that is secure, does 

not obscure the text, and permits the brief to lie reasonably 

flat when open.**

*Fed. R. App. P. 28.1(d) requires a yellow cover for an appellant’s response and reply brief in a case 

involving a cross-appeal. As a practical matter, electronically filed versions of documents should not 

follow the cover color requirements of Fed. R. App. R 32(a)(2); only the paper copies should follow the 

cover color requirements. 

†This court encourages parties to include the name of the judge or individual who issued the decision 

appealed from in the nature of proceedings on the cover. See the Practice Notes to Rule 32 (Preferred 

Cover Content).

‡This court requires the cover to contain the court’s official caption, with limited exceptions, which 

satisfies the title requirement of Fed. R. App. P. 32(a)(2)(C). See Fed. Cir. R. 32(a). 

§Additional local requirements for material that must be included on the cover, or in the title, can be 

found in the following rules: Fed. Cir. R. 25(i)(2); Fed. Cir. R. 25.1(e)(1)(A)–(B); Fed. Cir. R. 27(c)(1); 

Fed. Cir. R. 30(d). The court prohibits the inclusion of certain words on the cover in specific 

circumstances under Fed. Cir. R. 30(a)(4) and Fed. Cir. R. 32(a). 

**This court requires the binding to be placed on the left margin of the printed copies. Parties have 

the discretion to select a binding method so long as the binding method is “secure” so that the “bound 

copies will not loosen or fall apart,” and the brief will “lie reasonably flat when open.” See Fed. Cir. R. 

(continued on the next page)
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FEDERAL RULE OF APPELLATE PROCEDURE 32

(4) Paper Size, Line Spacing, and Margins.

The brief must be on 8 1/2 by 11 inch paper. The text must be 

double-spaced, but quotations more than two lines long may be 

indented and single-spaced. Headings and footnotes may be 

single-spaced. Margins must be at least one inch on all four 

sides. Page numbers may be placed in the margins, but no 

text may appear there.*

(5) Typeface.

Either a proportionally spaced or a monospaced face may be 

used.†

(A) A proportionally spaced face must include serifs, but 

sans-serif type may be used in headings and captions. A 

proportionally spaced face must be 14-point or larger.

(B) A monospaced face may not contain more than 10 1/2 

characters per inch.

(6) Type Styles.

A brief must be set in a plain, roman style, although italics or 

boldface may be used for emphasis. Case names must be 

italicized or underlined.

(7) Length.

(A) Page Limitation.

A principal brief may not exceed 30 pages, or a reply brief 

15 pages, unless it complies with Rule 32(a)(7)(B). 

(B) Type-Volume Limitation.

(i) A principal brief is acceptable if it:

32(h). 

*This court requires that page numbers appear centered in the bottom margin of all documents 

exceeding two pages in length. See Fed. Cir. R. 32(e). This court also permits the nonconfidential 

legend on pages with redactions required by Fed. Cir. R. 25.1(e)(1)(B) to appear in the margins of the 

page. See the Practice Notes to Rule 25.1 (Noting Redactions in the Nonconfidential Version).

†This court applies the typeface requirements to footnotes as well. See the Practice Notes to Rule 32

(Footnotes).
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Federal Circuit Rules of Practice (March 1, 2023) Page 140

FEDERAL RULE OF APPELLATE PROCEDURE 32

• contains no more than 13,000 words; or

• uses a monospaced face and contains no 

more than 1,300 lines of text.*

(ii) A reply brief is acceptable if it contains no more 

than half of the type volume specified in Rule 

32(a)(7)(B)(i).†

(b) Form of an Appendix.

An appendix must comply with Rule 32(a)(1), (2), (3), and (4), with the 

following exceptions:

(1) The cover of a separately bound appendix must be white.‡

(2) An appendix may include a legible photocopy of any document 

found in the record or of a printed judicial or agency decision.

(3) When necessary to facilitate inclusion of odd-sized documents 

such as technical drawings, an appendix may be a size other 

than 8 1/2 by 11 inches and need not lie reasonably flat when 

opened.§

(c) Form of Other Papers.

(1) Motion.

The form of a motion is governed by Rule 27(d). 

(2) Other Papers.

Any other paper, including a petition for panel rehearing and 

a petition for hearing or rehearing en banc, and any response 

*This court has enlarged the type-volume limitation for principal briefs to 14,000 words. See Fed. Cir. 

R. 32(b)(1). 

†As this court has enlarged the type-volume limitation for principal briefs, the limitation for reply 

briefs is similarly enlarged. See Fed. Cir. R. 32(b)(1). 

‡The cover of a separately bound appendix filed pursuant to Fed. Cir. R. 30(e) must be red. See Fed. 

Cir. R. 30(e)(3). As a practical matter, electronically filed versions of documents should not follow the 

cover color requirements of Fed. R. App. R 32(a)(2); only the paper copies should follow the cover color 

requirements. 

§See the Practice Notes to Rule 32 (Copies of Patent Documents) for this court’s preference when 

compiling large patent documents in an appendix.
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Federal Circuit Rules of Practice (March 1, 2023) Page 141

FEDERAL RULE OF APPELLATE PROCEDURE 32

to such a petition, must be reproduced in the manner 

prescribed by Rule 32(a), with the following exceptions:

(A) A cover is not necessary if the caption and signature page 

of the paper together contain the information required by 

Rule 32(a)(2). If a cover is used, it must be white.*

(B) Rule 32(a)(7) does not apply.

(d) Signature.

Every brief, motion, or other paper filed with the court must be signed 

by the party filing the paper or, if the party is represented, by one of 

the party’s attorneys.

(e) Local Variation. 

Every court of appeals must accept documents that comply with the 

form requirements of this rule and the length limits set by these rules. 

By local rule or order in a particular case, a court of appeals may 

accept documents that do not meet all the form requirements of this 

rule or the length limits set by these rules.

(f) Items Excluded from Length. 

In computing any length limit, headings, footnotes, and quotations 

count toward the limit but the following items do not:

• cover page;

• disclosure statement;

• a table of contents;

• a table of citations;

• a statement regarding oral argument;

• addendum containing statutes, rules, or regulations;

• certificates of counsel;

• signature block;

*The paper copies of amicus briefs in support of a petition for rehearing or petition for hearing en banc 

are treated in the same manner as merits briefs in this court and shall have a green cover color. See

Fed. R. App. P. 32(a). 
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FEDERAL RULE OF APPELLATE PROCEDURE 32

• proof of service; and

• any item specifically excluded by these rules or by local rule.*

(g) Certificate of Compliance.

(1) Briefs and Papers That Require a Certificate. 

A brief submitted under Rules 28.1(e)(2), 29(b)(4), or 

32(a)(7)(B) — and a paper submitted under Rules 5(c)(1), 

21(d)(1), 27(d)(2)(A), 27(d)(2)(C), 35(b)(2)(A), or 40(b)(1) — 

must include a certificate by the attorney, or an unrepresented 

party, that the document complies with the type-volume 

limitation. The person preparing the certificate may rely on 

the word or line count of the word-processing system used to 

prepare the document. The certificate must state the number 

of words — or the number of lines of monospaced type — in 

the document.

(2) Acceptable Form. 

Form 6 in the Appendix of Forms meets the requirements for a 

certificate of compliance.†

*See Fed. R. App. P. 27(d)(2) and Fed. Cir. R. 32(b)(2) for additional excluded items.

†See the Practice Notes to Rule 32 (Certificate of Compliance) providing that Federal Circuit Form 19

satisfies the requirements of Fed. R. App. P. 32(g). 
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Federal Circuit Rules of Practice (March 1, 2023) Page 143

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 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 single-spaced.

(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;
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Federal Circuit Rules of Practice (March 1, 2023) Page 144

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

(F) 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 principal brief should be typewritten, but block printing

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

principal brief must not exceed thirty (30) pages of typewritten doublespaced 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 left-hand 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.
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Federal Circuit Rules of Practice (March 1, 2023) Page 145

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.
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Federal Circuit Rules of Practice (March 1, 2023) Page 146

PRACTICE NOTES TO RULE 32

Preferred Cover Content.

In addition to the requirements of Federal Rule of Appellate 

Procedure 32(a)(2)(D), the court encourages inclusion on the cover of 

the name of the judge, when applicable, from whose judgment appeal 

is taken.

Print Size of Briefs.

Parties should avoid photo-reproduction that reduces the print size of 

the original smaller than the size required by Federal Rule of 

Appellate Procedure 32. 

Footnotes.

The typeface requirements of Federal Rule of Appellate Procedure 

32(a)(5) apply to all text in the brief, including footnotes.

Copies of Patent Documents.

Oversize patent documents reproduced in a brief or appendix should 

be photo-reduced to 8 1/2 by 11 inches if readability can be 

maintained; otherwise, they should be folded and bound so they do not 

protrude from the covers of the brief or appendix.

Certificate of Compliance.

Using Federal Circuit Form 19 satisfies the requirements for a 

certificate of compliance with type-volume limitations under Federal 

Rule of Appellate Procedure 32(g)(1) and Federal Circuit Rule 

32(b)(3). Parties are reminded that some software programs do not 

automatically include footnotes. When certain text is marked for word 

count or line count purposes, a party may need to separately mark text 

in footnotes and include those words or lines in the certified count.

Filings in Companion Cases.

Except when otherwise ordered, all filings in companion cases must 

be made in each individual case with the individual case numbers and 

case captions included on each respective case-specific filing. Unless 

otherwise directed, required paper copies must be submitted in each 

respective case.
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Federal Circuit Rules of Practice (March 1, 2023) Page 147

FEDERAL RULE OF APPELLATE PROCEDURE 32.1

Citing Judicial Dispositions

(a) Citation Permitted.

A court may not prohibit or restrict the citation of federal judicial 

opinions, orders, judgments, or other written dispositions that have 

been: 

(i) designated as “unpublished,” “not for publication,” “nonprecedential,” “not precedent,” or the like; and

(ii) issued on or after January 1, 2007.

(b) Copies Required.

If a party cites a federal judicial opinion, order, judgment, or other 

written disposition that is not available in a publicly accessible 

electronic database, the party must file and serve a copy of that 

opinion, order, judgment, or disposition with the brief or other paper 

in which it is cited.

FEDERAL CIRCUIT RULE 32.1

Citing Judicial Dispositions

(a) Nonprecedential Disposition. 

A nonprecedential disposition must bear a legend designating it as 

nonprecedential. A precedential disposition will bear no legend.

(b) Nonprecedential Opinion or Order.

An opinion or order which is designated as nonprecedential is one 

determined by the panel issuing it as not adding significantly to the 

body of law.

(c) Parties’ Citation of Nonprecedential Dispositions.

Parties are not prohibited or restricted from citing nonprecedential 

dispositions.
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Federal Circuit Rules of Practice (March 1, 2023) Page 148

FEDERAL CIRCUIT RULE 32.1

(d) Court’s Consideration of Nonprecedential or Unpublished 

Dispositions.

The court may refer to a nonprecedential or unpublished disposition 

in an opinion or order and may look to a nonprecedential or 

unpublished disposition for guidance or persuasive reasoning but will 

not give one of its own nonprecedential dispositions the effect of 

binding precedent. The court will not consider nonprecedential or 

unpublished dispositions of another court as binding precedent of that 

court unless the rules of that court so provide.

(e) Request to Make an Opinion or Order Precedential.

Within sixty (60) days after the court issues a nonprecedential opinion 

or order, any person may request through motion filed in the case that 

the opinion or order be reissued as precedential. The request will be 

considered by the panel that rendered the disposition. The motion 

must identify any case that person knows to be pending that would be 

determined or affected by reissuance as precedential. Parties to 

pending cases having a stake in the outcome of a decision on the 

motion must be given an opportunity to respond. If the request is 

granted, the opinion or order may be revised as appropriate.

(f) Public Records.

All dispositions by the court in any form will be in writing and are 

public records.
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Federal Circuit Rules of Practice (March 1, 2023) Page 149

PRACTICE NOTES TO RULE 32.1

Filing an Opinion.

An opinion is issued when ready. No particular day of the week is 

considered a “down day.” The judgment is entered on the day the 

opinion is filed with the clerk of court and transmitted to the parties.

Availability of an Opinion.

The court’s precedential and nonprecedential opinions are available 

in a variety of commercially available print and electronic media, as 

well as online through the court’s website and the U.S. Government 

Publishing Office’s website. 

Subscriptions. 

Subscriptions to daily opinions and other items are available through 

the court’s website at http://www.cafc.uscourts.gov/emailsubscriptions. 

Request to Make an Opinion or Order Precedential.

It is improper to refer in a brief to a request to make an opinion or 

order precedential before the request has been acted on.
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Federal Circuit Rules of Practice (March 1, 2023) Page 150

FEDERAL RULE OF APPELLATE PROCEDURE 33

Appeal Conferences

The court may direct the attorneys — and, when appropriate, the 

parties — to participate in one or more conferences to address any 

matter that may aid in disposing of the proceedings, including 

simplifying the issues and discussing settlement. A judge or other 

person designated by the court may preside over the conference, which 

may be conducted in person or by telephone. Before a settlement 

conference, the attorneys must consult with their clients and obtain 

as much authority as feasible to settle the case. The court may, as a 

result of the conference, enter an order controlling the course of the 

proceedings or implementing any settlement agreement.

FEDERAL CIRCUIT RULE 33

Appeal Conferences

(a) Settlement Discussion.

Parties are encouraged to discuss settlement and to attempt 

settlement prior to the conclusion of merits briefing. To the 

extent possible and without divulging confidential information, 

parties should also apprise the court of ongoing settlement 

discussions.

(b) Mediation. 

Parties are encouraged to utilize the court’s mediation program in 

order to facilitate settlement. The court may adopt mediation 

guidelines with respect to mediation of the cases pending before this 

court. Those guidelines are binding on the parties. 

FEDERAL CIRCUIT RULE 33.1

[Reserved] 
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Federal Circuit Rules of Practice (March 1, 2023) Page 151

FEDERAL RULE OF APPELLATE PROCEDURE 34

Oral Argument

(a) In General.

(1) Party’s Statement.

Any party may file, or a court may require by local rule, a 

statement explaining why oral argument should, or need not, 

be permitted.*

(2) Standards.

Oral argument must be allowed in every case unless a panel of 

three judges who have examined the briefs and record 

unanimously agrees that oral argument is unnecessary for any 

of the following reasons:

(A) the appeal is frivolous;

(B) the dispositive issue or issues have been authoritatively 

decided; or

(C) the facts and legal arguments are adequately presented 

in the briefs and record, and the decisional process would 

not be significantly aided by oral argument.

(b) Notice of Argument; Postponement.

The clerk must advise all parties whether oral argument will be 

scheduled, and, if so, the date, time, and place for it, and the time 

allowed for each side. A motion to postpone the argument or to allow 

longer argument must be filed reasonably in advance of the hearing 

date.

(c) Order and Contents of Argument.

The appellant opens and concludes the argument. Counsel must not 

read at length from briefs, records, or authorities.

(d) Cross-Appeals and Separate Appeals.

If there is a cross-appeal, Rule 28.1(b) determines which party is the 

appellant and which is the appellee for purposes of oral argument. 

Unless the court directs otherwise, a cross-appeal or separate appeal 

*This court does not have a local rule requiring the filing of a statement regarding oral argument.
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Federal Circuit Rules of Practice (March 1, 2023) Page 152

must be argued when the initial appeal is argued. Separate parties 

should avoid duplicative argument.

(e) Nonappearance of a Party.

If the appellee fails to appear for argument, the court must hear 

appellant’s argument. If the appellant fails to appear for argument, 

the court may hear the appellee’s argument. If neither party appears, 

the case will be decided on the briefs, unless the court orders 

otherwise. 

(f) Submission on Briefs. 

The parties may agree to submit a case for decision on the briefs, but 

the court may direct that the case be argued.

(g) Use of Physical Exhibits at Argument; Removal.

Counsel intending to use physical exhibits other than documents at 

the argument must arrange to place them in the courtroom on the day 

of the argument before the court convenes. After the argument, 

counsel must remove the exhibits from the courtroom, unless the court 

directs otherwise. The clerk may destroy or dispose of the exhibits if 

counsel does not reclaim them within a reasonable time after the clerk 

gives notice to remove them.

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.
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FEDERAL CIRCUIT RULE 34

(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 

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.
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FEDERAL CIRCUIT RULE 34

(2) Requirement to Notify of Conflicts.

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

requesting scheduling conflicts, the parties must file 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.

(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. Each 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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FEDERAL CIRCUIT RULE 34

(3) Copies at Oral Argument. 

In a case scheduled for oral argument, all arguing counsel must 

have a copy of each brief and appendix in the case, including 

those filed by other parties, close at hand during the argument, 

in a form (paper or electronic) allowing speedy access to its 

contents.

PRACTICE NOTES TO RULE 34

Scheduling Conflicts.

Counsel should not submit any scheduling conflicts before receiving 

the notice from the clerk of court. In responding to the notice, counsel

are advised that the unavailability of a client or non-arguing cocounsel is an insufficient basis for showing good cause.

Court Sessions; Hearing Date.

Sessions of the court will be held as announced by the court. Sessions 

are held regularly in Washington, D.C., but the court may sit 

elsewhere pursuant to Federal Circuit Rule 47.1. The Notice of Oral 

Argument is usually issued within four months after all briefs and the 

appendix are filed. Counsel are advised of the scheduled date of 

hearing approximately six weeks before the session.

Accessibility Accommodations.

A party or counsel of record requiring a communication-based 

disability accommodation should notify the clerk of court at least two 

(2) weeks before the scheduled hearing. A party requiring a mobilitybased disability accommodation should notify the clerk of court at the 

time of filing the notice of scheduling conflicts. Additional information 

about accessibility accommodations is available on the court’s website,

www.cafc.uscourts.gov. 

Oral Argument.

Counsel must report to the clerk’s office at least thirty (30) minutes 

before the scheduled session and before proceeding to the courtroom. 

The members of the panel will have read the briefs before oral 

argument. Counsel should, therefore, emphasize the dispositive issue 
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Federal Circuit Rules of Practice (March 1, 2023) Page 156

PRACTICE NOTES TO RULE 34

or issues. Time allotted for oral argument is ordinarily fifteen (15) 

minutes per side (not per party or attorney), although the court may 

vary this depending on the nature of the case. The court may extend 

the allotted time during the argument, or it may terminate the 

argument, if it deems it appropriate.

Justification for Claim of Confidentiality.

Unnecessarily designating material in the briefs and appendix as 

confidential may hinder the court’s preparation and issuance of 

opinions. Counsel must be prepared to justify at oral argument any 

claim of confidentiality.

Conduct of Oral Argument.

Guidelines for the conduct of oral argument are available on the 

court’s website, www.cafc.uscourts.gov, in the Clerk’s Office’s Guide 

for Oral Argument.

Copies of Recordings Available.

Oral arguments are recorded for the convenience of the court. 

Recordings are available on the court’s website, 

www.cafc.uscourts.gov free of charge. The court does not provide or 

produce transcripts of oral argument or recommend transcription 

services.

Open to Public. 

Unless held in camera, oral arguments are open to the public. Those 

in attendance whose attire or behavior reflects adversely on the 

dignity of the proceedings will be asked to leave.

Oral Argument on Motions.

Oral argument is ordinarily not granted on motions. See Federal Rule 

of Appellate Procedure 27(e). 

Introducing New Authority at Argument.

A party seeking to raise new authority at argument that was not 

previously submitted to the court should provide a copy of the new 

authority to the opposing party in advance of argument by email or, if 

time permits, by filing a citation of supplemental authority pursuant 

to Federal Rule of Appellate Procedure 28(j). 
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Federal Circuit Rules of Practice (March 1, 2023) Page 157

PRACTICE NOTES TO RULE 34

Use of Visual Aids.

The court discourages the use of visual aids or presentations during 

argument.

Forms. 

Using Federal Circuit Form 32 satisfies the requirements for 

responding to the clerk of court’s notice to advise of scheduling 

conflicts and for ongoing advising of schedule conflict changes under 

Federal Circuit Rule 34(d). Using Federal Circuit Form 33 satisfies 

the requirements for responding to the clerk of court’s notice of oral 

argument under Federal Circuit Rule 34(e). 

Paper Copies at Oral Argument.

Parties are encouraged to bring paper copies of each brief and 

appendix to oral argument. 

FEDERAL RULE OF APPELLATE PROCEDURE 35

En Banc Determination

(a) When Hearing or Rehearing En Banc May Be Ordered. 

A majority of the circuit judges who are in regular active service and 

who are not disqualified may order that an appeal or other proceeding 

be heard or reheard by the court of appeals en banc. An en banc 

hearing or rehearing is not favored and ordinarily will not be ordered 

unless:

(1) en banc consideration is necessary to secure or maintain 

uniformity of the court’s decisions; or

(2) the proceeding involves a question of exceptional importance.

(b) Petition for Hearing or Rehearing En Banc.

A party may petition for a hearing or rehearing en banc.

(1) The petition must begin with a statement that either:

(A) the panel decision conflicts with a decision of the United 

States Supreme Court or of the court to which the 

petition is addressed (with citation to the conflicting case 
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Federal Circuit Rules of Practice (March 1, 2023) Page 158

FEDERAL RULE OF APPELLATE PROCEDURE 35

or cases) and consideration by the full court is therefore 

necessary to secure and maintain uniformity of the 

court’s decisions; or

(B) the proceeding involves one or more questions of 

exceptional importance, each of which must be concisely 

stated; for example, a petition may assert that a 

proceeding presents a question of exceptional importance 

if it involves an issue on which the panel decision 

conflicts with the authoritative decisions of other United 

States Courts of Appeals that have addressed the issue.*

(2) Except by the court’s permission: 

(A) a petition for an en banc hearing or rehearing produced 

using a computer must not exceed 3,900 words; and 

(B) a handwritten or typewritten petition for an en banc 

hearing or rehearing must not exceed 15 pages.

(3) For purposes of the limits in Rule 35(b)(2), if a party files both 

a petition for panel rehearing and a petition for rehearing en 

banc, they are considered a single document even if they are 

filed separately, unless separate filing is required by local rule.†

(c) Time for Petition for Hearing or Rehearing En Banc. 

A petition that an appeal be heard initially en banc must be filed by 

the date when the appellee’s brief is due. A petition for a rehearing 

en banc must be filed within the time prescribed by Rule 40 for filing 

a petition for rehearing.‡

*Fed. Cir. R. 35(e) lists all local content requirements for a petition for hearing en banc, petition for 

rehearing en banc, and combined petition for panel rehearing and rehearing en banc.

†This court does not permit the separate filing of a petition for panel rehearing and petition for 

rehearing en banc. Any party requesting both must do so through filing a single combined petition. 

See Fed. Cir. R. 32(d). 

‡This court affords parties more time to file a petition for panel rehearing under Fed. Cir. R. 40(d). 

Any petition for rehearing en banc or combined petition must be filed within this court’s enlarged 

deadline. See Fed. Cir. R. 35(j). 
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FEDERAL RULE OF APPELLATE PROCEDURE 35

(d) Number of Copies.

The number of copies to be filed must be prescribed by local rule and 

may be altered by order in a particular case.*

(e) Response. 

No response may be filed to a petition for an en banc consideration 

unless the court orders a response. The length limits in Rule 35(b)(2) 

apply to a response.†

(f) Call for a Vote.

A vote need not be taken to determine whether the case will be heard 

or reheard en banc unless a judge calls for a vote.

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.

*The number of paper copies required by this court for a petition for hearing en banc, petition for 

rehearing en banc, combined petition for panel rehearing and rehearing en banc, or related response 

can be found under Fed. Cir. R. 25(c)(3), as cross-referenced by Fed. Cir. R. 35(c) and Fed. Cir. R. 

35(h)(1)–(2). 

†Any ordered response must adhere to Fed. Cir. R. 35(e)(2). 
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FEDERAL CIRCUIT RULE 35

(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).

(c) Paper Copies. 

Paper copies of 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.
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FEDERAL CIRCUIT RULE 35

(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). 

(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; 
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FEDERAL CIRCUIT RULE 35

(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 

petition. 

(3) Type-Volume Limitation.

The brief must not exceed 2,600 words if prepared 

electronically or ten (10) pages otherwise.

(4) Paper Copies. 

Paper copies of the brief must be provided to the court in 

accordance with Federal Circuit Rule 25(c)(3). 
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FEDERAL CIRCUIT RULE 35

(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. 

(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 
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FEDERAL CIRCUIT RULE 35

prescribed for a petition for panel rehearing under Federal Circuit 

Rule 40(d). 

PRACTICE NOTES TO RULE 35

Hearing or Rehearing En Banc.

The court may sua sponte order that an appeal be initially heard or be 

reheard en banc. The panel or a judge on the panel that is considering 

a case may at any time request the judges of the court in regular active 

service to hear or rehear the case en banc with or without further 

briefs or argument by counsel.

Rehearing En Banc; Senior Judges.

If a senior judge participated in the original hearing and disposition 

of a case for which rehearing en banc is granted, that senior judge may 

participate fully in the rehearing.

Combined Petition for Panel Rehearing and Rehearing En Banc.

When a combined petition for panel rehearing and petition for 

rehearing en banc is filed, the petition for panel rehearing is decided 

first in the same manner as a petition for panel rehearing without an 

accompanying petition for rehearing en banc. If the panel grants the 

requested relief, the petition for rehearing en banc is deemed moot.

Petition for Rehearing En Banc Referred to Panel.

A petition for rehearing en banc is presumed to request relief that can 

be granted by the panel that heard the appeal, and action on the 

petition for rehearing en banc will be deferred until the panel has an 

opportunity to grant the relief requested.

Timeliness. 

A petition for hearing or rehearing en banc is filed when the court 

receives it, not on the date it was mailed. The clerk of court may 

return an untimely petition for hearing or rehearing en banc.
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PRACTICE NOTES TO RULE 35

Nonprecedential Opinions.

A petition for rehearing en banc is rarely appropriate if the appeal was 

the subject of a nonprecedential opinion by the panel of judges that 

heard it.

Writ of Certiorari.

Filing a petition for a panel rehearing or for rehearing en banc is not 

a prerequisite to filing a petition for a writ of certiorari in the Supreme 

Court.

FEDERAL RULE OF APPELLATE PROCEDURE 36

Entry of Judgment; Notice

(a) Entry.

A judgment is entered when it is noted on the docket. The clerk must 

prepare, sign, and enter the judgment:

(1) after receiving the court’s opinion — but if settlement of the 

judgment’s form is required, after final settlement; or

(2) if a judgment is rendered without an opinion, as the court 

instructs.*

(b) Notice.

On the date when judgment is entered, the clerk must serve on all 

parties a copy of the opinion — or the judgment, if no opinion was 

written — and a notice of the date when the judgment was entered.

*This court does not prepare separate judgment for dispositive orders issued without an opinion; 

instead this court’s dispositive order also serves as the judgment. See Fed. Cir. R. 36(b). 
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FEDERAL CIRCUIT RULE 36

Entry of Judgment

(a) Judgment of Affirmance Without Opinion.

The court may enter a judgment of affirmance without opinion, citing 

this rule, when it determines that any of the following conditions exist 

and an opinion would have no precedential value:

(1) the judgment, decision, or order of the trial court appealed from 

is based on findings that are not clearly erroneous;

(2) the evidence supporting the jury’s verdict is sufficient;

(3) the record supports summary judgment, directed verdict, or 

judgment on the pleadings;

(4) the decision of an administrative agency warrants affirmance 

under the standard of review in the statute authorizing the 

petition for review; or

(5) a judgment or decision has been entered without an error of law.

(b) Separate Judgment.

The clerk of court will not prepare a separate judgment when a case 

is disposed of by order without opinion. The order of the court serves 

as the judgment when entered.

FEDERAL RULE OF APPELLATE PROCEDURE 37

Interest on Judgment

(a) When the Court Affirms.

Unless the law provides otherwise, if a money judgment in a civil case 

is affirmed, whatever interest is allowed by law is payable from the 

date when the district court’s judgment was entered.

(b) When the Court Reverses.

If the court modifies or reverses a judgment with a direction that a 

money judgment be entered in the district court, the mandate must 

contain instructions about the allowance of interest.
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FEDERAL RULE OF APPELLATE PROCEDURE 38

Frivolous Appeal

If a court of appeals determines that an appeal is frivolous, it may, 

after a separately filed motion or notice from the court and reasonable 

opportunity to respond, award just damages and single or double costs 

to the appellee.

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.
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FEDERAL RULE OF APPELLATE PROCEDURE 39

Costs

(a) Against Whom Assessed.

The following rules apply unless the law provides or the court orders 

otherwise: 

(1) if an appeal is dismissed, costs are taxed against the appellant, 

unless the parties agree otherwise;

(2) if a judgment is affirmed, costs are taxed against the appellant;

(3) if a judgment is reversed, costs are taxed against the appellee;

(4) if a judgment is affirmed in part, reversed in part, modified, or 

vacated, costs are taxed only as the court orders.

(b) Costs For and Against the United States.

Costs for or against the United States, its agency, or officer will be 

assessed under Rule 39(a) only if authorized by law.

(c) Costs of Copies.

Each court of appeals must, by local rule, fix the maximum rate for 

taxing the cost of producing necessary copies of a brief or appendix, or 

copies of records authorized by Rule 30(f). The rate must not exceed 

that generally charged for such work in the area where the clerk’s 

office is located and should encourage economical methods of copying.*

(d) Bill of Costs: Objections; Insertion in Mandate.

(1) A party who wants costs taxed must — within 14 days after 

entry of judgment — file with the circuit clerk and serve an 

itemized and verified bill of costs.

(2) Objections must be filed within 14 days after service of the bill 

of costs, unless the court extends the time.

*Fed. Cir. R. 39(c) outlines this court’s process for setting cost taxation rates.
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FEDERAL RULE OF APPELLATE PROCEDURE 39

(3) The clerk must prepare and certify an itemized statement of 

costs for insertion in the mandate, but issuance of the mandate 

must not be delayed for taxing costs. If the mandate issues 

before costs are finally determined, the district clerk must — 

upon the circuit clerk’s request — add the statement of costs, or 

any amendment of it, to the mandate.

(e) Costs on Appeal Taxable in the District Court.

The following costs on appeal are taxable in the district court for the 

benefit of the party entitled to costs under this rule:

(1) the preparation and transmission of the record;

(2) the reporter’s transcript, if needed to determine the appeal;

(3) premiums paid for a bond or other security to preserve rights 

pending appeal; and 

(4) the fee for filing the notice of appeal.

FEDERAL CIRCUIT RULE 39

Costs

(a) Notice of Entitlement to Costs.

When the clerk of court provides notice of judgment or order disposing 

of an appeal, the clerk of court must advise which party or parties are 

entitled to costs. Notice of entitlement to costs may be made in the 

judgment, in the order disposing of the appeal, or on the docket.

(b) Bill of Costs; Objection.

A party must file the bill of costs on the form prescribed by the court. 

An objection to the bill of costs must not exceed 1,300 words if 

prepared using a computer or five (5) pages otherwise. Any objection 

must include a certificate of compliance that adheres to Federal Rule 

of Appellate Procedure 32(g)(1). 

(c) Rates.

The clerk of court is authorized to set a maximum rate at which costs 

may be taxed. In setting the maximum rate, the clerk of court will 

evaluate the most economical means of printing, reproduction, and 
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FEDERAL CIRCUIT RULE 39

binding available in the Washington, D.C. metropolitan area. The 

maximum rates set will be posted on the court’s website and included 

as an attachment to the court’s published Federal Rules of Practice 

and Bill of Costs form. Costs are taxed at the maximum rate or at the 

actual cost, whichever is lower. Costs may not be taxed for more paper 

copies than those required by Federal Circuit Rules 25(c)(3), 30(a)(3), 

and 31(b).

(d) Taxable Costs.

A motion for leave providing specific explanation and justification 

must accompany the bill of costs if costs for items not described in 

Federal Rule Appellate Procedure 39(c) are sought or if costs are 

sought at a rate higher than the allowable costs.

(e) Costs in Favor of Intervenors.

No costs will be taxed in favor of intervenors without leave of the court.

PRACTICE NOTES TO RULE 39

Costs When the United States Is a Party.

28 U.S.C. § 2412(a) authorizes costs to be taxed against the United 

States; thus, costs (as defined in 28 U.S.C. § 1920) may be awarded 

both for and against the United States in this court.

Allowable Costs.

The costs of correcting a nonconforming brief or appendix are not 

taxable. Counsel are urged to stipulate to costs.

Payment of Costs Taxed.

Pay the party or parties in whose favor costs are taxed by check sent 

to counsel for the party or to the party if the party is unrepresented. 

The court is not involved in collection matters.

Costs in a Case Involving a Claim Under the Uniformed Services 

Employment and Reemployment Rights Act of 1994.

No costs are taxed if the underlying appeal involved a claim under the 

Uniformed Services Employment and Reemployment Rights Act of 
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PRACTICE NOTES TO RULE 39

1994 (USERRA). 38 U.S.C. §§ 4323, 4324. The petitioner must 

complete Federal Circuit Form 6B to inform the court that the case 

involves a claim under USERRA.

Form for Bill of Costs.

Using Federal Circuit Form 24 satisfies the Bill of Costs form 

requirements under Federal Circuit Rule 39(b). 

FEDERAL RULE OF APPELLATE PROCEDURE 40

Petition for Panel Rehearing

(a) Time to File; Contents; Response; Action by the Court if 

Granted.

(1) Time.

Unless the time is shortened or extended by order or local rule, 

a petition for panel rehearing may be filed within 14 days 

after entry of judgment.* But in a civil case, unless an order 

shortens or extends the time, the petition may be filed by any 

party within 45 days after entry of judgment if one of the 

parties is:

(A) the United States;

(B) a United States agency;

(C) a United States officer or employee sued in an official 

capacity; or

(D) a current or former United States officer or employee 

sued in an individual capacity for an act or omission 

occurring in connection with duties performed on the 

United States’ behalf — including all instances in which 

the United States represents that person when the court 

of appeals’ judgment is entered or files that petition for 

that person.

*This court has extended the time to file a petition for rehearing in cases not involving the federal 

government from 14 days to 30 days. See Fed. Cir. R. 40(d). 
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FEDERAL RULE OF APPELLATE PROCEDURE 40

(2) Contents.

The petition must state with particularity each point of law or 

fact that the petitioner believes the court has overlooked or 

misapprehended and must argue in support of the petition. 

Oral argument is not permitted.*

(3) Response. 

Unless the court requests, no response to a petition for panel 

rehearing is permitted. Ordinarily, rehearing will not be 

granted in the absence of such a request. If a response is 

requested, the requirements of Rule 40(b) apply to the 

response.†

(4) Action by the Court.

If a petition for panel rehearing is granted, the court may do 

any of the following:

(A) make a final disposition of the case without reargument;

(B) restore the case to the calendar for reargument or 

resubmission; or

(C) issue any other appropriate order.

(b) Form of Petition; Length.

The petition must comply in form with Rule 32. Copies must be served 

and filed as Rule 31 prescribes.‡ Except by the court’s permission:

(1) a petition for panel rehearing produced using a computer must 

not exceed 3,900 words; and

(2) a handwritten or typewritten petition for panel rehearing must 

not exceed 15 pages.

*Fed. Cir. R. 40(a) lists all local content requirements for a petition for panel rehearing. The content 

requirements for a combined petition for panel rehearing and rehearing en banc can be found under 

Fed. Cir. R. 35(e). 

†Any ordered response must adhere to Fed. Cir. R. 40(c). 

‡This court’s paper copy requirements for a petition for panel rehearing can be found under Fed. Cir. 

R. 25(c)(3), as cross-referenced in Fed Cir. R. 40(e)(1)–(2) and Fed. Cir. R. 40(g). 
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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 
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FEDERAL CIRCUIT RULE 40

(3) copies must be filed in accordance with Federal Circuit 

Rule 25(c)(3). 

(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) Paper Copies. 

Paper copies of the brief must be provided to the court in 

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

(g) Paper Copies. 

Paper copies of petitions for panel rehearing or responses to petitions 

for panel rehearing must be provided to the court in accordance with 

Federal Circuit Rule 25(c)(3). 
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PRACTICE NOTES TO RULE 40

Timeliness. 

A petition for panel rehearing is filed when the court receives it, not 

on the date it was mailed. The clerk of court may return an untimely 

petition for panel rehearing.

Action by the Court.

When a petition for panel rehearing is filed, the clerk of court will 

transmit copies to the panel that decided the case. The clerk of court 

will enter an order denying the petition unless a majority of the panel 

agrees to rehear the case. Rehearing before the panel may take place 

with or without further briefing or oral argument by the parties as the 

court directs.

Combined Petitions.

Federal Circuit Rule 35 governs the filing of combined petitions for 

panel rehearing and rehearing en banc.

Writ of Certiorari.

Filing a petition for a panel rehearing is not a prerequisite to filing a 

petition for a writ of certiorari in the Supreme Court.
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FEDERAL RULE OF APPELLATE PROCEDURE 41

Mandate: Contents; Issuance and Effective Date; Stay

(a) Contents.

Unless the court directs that a formal mandate issue, the mandate 

consists of a certified copy of the judgment, a copy of the court’s 

opinion, if any, and any direction about costs.

(b) When Issued.

The court’s mandate must issue 7 days after the time to file a petition 

for rehearing expires, or 7 days after entry of an order denying a 

timely petition for panel rehearing, petition for rehearing en banc, or 

motion for stay of mandate, whichever is later. The court may shorten 

or extend the time by order.*

(c) Effective Date.

The mandate is effective when issued.

(d) Staying the Mandate Pending a Petition for Certiorari. 

(1) Motion to Stay.

A party may move to stay the mandate pending the filing of a 

petition for a writ of certiorari in the Supreme Court. The 

motion must be served on all parties and must show that the 

petition would present a substantial question and that there is 

good cause for a stay.

(2) Duration of Stay; Extensions.

The stay must not exceed 90 days, unless:

(A) the period is extended for good cause; or

(B) the party who obtained the stay notifies the circuit clerk 

in writing within the period of the stay:

(i) that the time for filing a petition has been 

extended, in which case the stay continues for the 

extended period; or

*The court does not issue mandates in original proceedings or in appeals transferred to other courts or 

agencies.
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FEDERAL RULE OF APPELLATE PROCEDURE 41

(ii) that the petition has been filed, in which case the 

stay continues until the Supreme Court’s final 

disposition.

(3) Security.

The court may require a bond or other security as a condition 

to granting or continuing a stay of the mandate.

(4) Issuance of Mandate.

The court of appeals must issue the mandate immediately on 

receiving a copy of a Supreme Court order denying the 

petition, unless extraordinary circumstances exist.

FEDERAL CIRCUIT RULE 41

Issuance of Mandate

An order granting an unopposed motion to dismiss or remand a case 

will constitute the mandate. 

PRACTICE NOTES TO RULE 41

Relation of Mandate to Application for Certiorari; Stay.

That a mandate has issued does not affect the right to apply to the 

Supreme Court for a writ of certiorari. Consequently, a motion to stay 

the mandate should advance reasons for the stay beyond the mere 

intention to apply for certiorari, e.g., to forestall action in the trial 

court or agency that would necessitate a remedial order of the 

Supreme Court if the writ of certiorari were granted.
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FEDERAL RULE OF APPELLATE PROCEDURE 42

Voluntary Dismissal

(a) Dismissal in the District Court.

Before an appeal has been docketed by the circuit clerk, the district 

court may dismiss the appeal on the filing of a stipulation signed by 

all parties or on the appellant’s motion with notice to all parties.

(b) Dismissal in the Court of Appeals.

(1) Stipulated Dismissal. The circuit clerk must dismiss a 

docketed appeal if the parties file a signed dismissal agreement 

specifying how costs are to be paid and pay any court fees that are due. 

(2) Appellant’s Motion to Dismiss. An appeal may be dismissed 

on the appellant’s motion on terms agreed to by the parties or fixed by 

the court.

(3) Other Relief. A court order is required for any relief under 

Rule 42(b)(1) or (2) beyond the dismissal of an appeal—including 

approving a settlement, vacating an action of the district court or an 

administrative agency, or remanding the case to either of them.

(c) Court Approval.

This Rule 42 does not alter the legal requirements governing court 

approval of a settlement, payment, or other consideration.

(b) Criminal Cases.

A court may, by local rule, impose requirements to confirm that a 

defendant has consented to the dismissal of an appeal in a criminal 

case.*

*The court has not imposed a corresponding local rule.
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Federal Circuit Rules of Practice (March 1, 2023) Page 180

PRACTICE NOTES TO RULE 42

Stipulation of Dismissal Form. 

Using Federal Circuit Form 18 satisfies the requirements to stipulate 

to dismissal of an appeal under Federal Rule of Appellate Procedure 

42(b)(1). 

FEDERAL RULE OF APPELLATE PROCEDURE 43

Substitution of Parties

(a) Death of a Party.

(1) After Notice of Appeal Is Filed.

If a party dies after a notice of appeal has been filed or while a 

proceeding is pending in the court of appeals, the decedent’s 

personal representative may be substituted as a party on 

motion filed with the circuit clerk by the representative or by 

any party. A party’s motion must be served on the 

representative in accordance with Rule 25. If the decedent has 

no representative, any party may suggest the death on the 

record, and the court of appeals may then direct appropriate 

proceedings.

(2) Before Notice of Appeal Is Filed — Potential Appellant.

If a party entitled to appeal dies before filing a notice of 

appeal, the decedent’s personal representative — or, if there is 

no personal representative, the decedent’s attorney of 

record — may file a notice of appeal within the time prescribed 

by these rules. After the notice of appeal is filed, substitution 

must be in accordance with Rule 43(a)(1). 

(3) Before Notice of Appeal Is Filed — Potential Appellee.

If a party against whom an appeal may be taken dies after 

entry of a judgment or order in the district court, but before a 

notice of appeal is filed, an appellant may proceed as if the 

death had not occurred. After the notice of appeal is filed, 

substitution must be in accordance with Rule 43(a)(1). 
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FEDERAL RULE OF APPELLATE PROCEDURE 43

(b) Substitution for a Reason Other Than Death.

If a party needs to be substituted for any reason other than death, the 

procedure prescribed in Rule 43(a) applies.

(c) Public Officer: Identification; Substitution.

(1) Identification of Party.

A public officer who is a party to an appeal or other proceeding 

in an official capacity may be described as a party by the 

public officer’s official title rather than by name. But the court 

may require the public officer’s name to be added.

(2) Automatic Substitution of Officeholder.

When a public officer who is a party to an appeal or other 

proceeding in an official capacity dies, resigns, or otherwise 

ceases to hold office, the action does not abate. The public 

officer’s successor is automatically substituted as a party. 

Proceedings following the substitution are to be in the name of 

the substituted party, but any misnomer that does not affect 

the substantial rights of the parties may be disregarded. An 

order of substitution may be entered at any time, but failure to 

enter an order does not affect the substitution.
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FEDERAL RULE OF APPELLATE PROCEDURE 44

Case Involving a Constitutional Question When the United States or the 

Relevant State is Not a Party

(a) Constitutional Challenge to Federal Statute.

If a party questions the constitutionality of an Act of Congress in a 

proceeding in which the United States or its agency, officer, or 

employee is not a party in an official capacity, the questioning party 

must give written notice to the circuit clerk immediately upon the 

filing of the record or as soon as the question is raised in the court of 

appeals. The clerk must then certify that fact to the Attorney General.

(b) Constitutional Challenge to State Statute.

If a party questions the constitutionality of a statute of a State in a 

proceeding in which that State or its agency, officer, or employee is not 

a party in an official capacity, the questioning party must give written 

notice to the circuit clerk immediately upon the filing of the record or 

as soon as the question is raised in the court of appeals. The clerk 

must then certify that fact to the attorney general of the State.

PRACTICE NOTES TO RULE 44

Raising a Constitutional Question in a Brief or Motion.

Inclusion of a constitutional challenge in a brief or motion is 

insufficient to satisfy the written notice requirements of Federal Rule 

of Appellate Procedure 44. Parties must file a separate notice before 

the clerk of court will certify a matter to the Attorney General of the 

United States or the attorney general of a State.
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FEDERAL RULE OF APPELLATE PROCEDURE 45

Clerk’s Duties

(a) General Provisions. 

(1) Qualifications. 

The circuit clerk must take the oath and post any bond 

required by law. Neither the clerk nor any deputy clerk may 

practice as an attorney or counselor in any court while in 

office.

(2) When Court Is Open.

The court of appeals is always open for filing any paper, 

issuing and returning process, making a motion, and entering 

an order. The clerk’s office with the clerk or a deputy in 

attendance must be open during business hours on all days 

except Saturdays, Sundays, and legal holidays. A court may 

provide by local rule or by order that the clerk’s office be open 

for specified hours on Saturdays or on legal holidays other 

than New Year’s Day, Martin Luther King, Jr.’s Birthday, 

Washington’s Birthday, Memorial Day, Independence Day, 

Labor Day, Columbus Day, Veterans’ Day, Thanksgiving Day, 

and Christmas Day.*

(b) Records.

(1) The Docket.

The circuit clerk must maintain a docket and an index of all 

docketed cases in the manner prescribed by the Director of the 

Administrative Office of the United States Courts. The clerk 

must record all papers filed with the clerk and all process, 

orders, and judgments.

(2) Calendar.

Under the court’s direction, the clerk must prepare a calendar 

of cases awaiting argument. In placing cases on the calendar 

for argument, the clerk must give preference to appeals in 

*Electronic filing remains available even on days when the clerk’s office is closed to the public on a 

weekend or legal holiday. See Fed. R. App. P. 26(a)(6); Fed. Cir. R. 26(a)(2). Fed. Cir. R. 26(a)(3)–(4)

explain how this court handles the inaccessibility of either the physical clerk’s office or electronic filing 

when the clerk’s office would otherwise be open.
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FEDERAL RULE OF APPELLATE PROCEDURE 45

criminal cases and to other proceedings and appeals entitled 

to preference by law.

(3) Other Records.

The clerk must keep other books and records required by the 

Director of the Administrative Office of the United States 

Courts, with the approval of the Judicial Conference of the 

United States, or by the court.

(c) Notice of an Order or Judgment.

Upon the entry of an order or judgment, the circuit clerk must 

immediately serve a notice of entry on each party, with a copy 

of any opinion, and must note the date of service on the 

docket. Service on a party represented by counsel must be 

made on counsel.

(d) Custody of Records and Papers.

The circuit clerk has custody of the court’s records and papers. 

Unless the court orders or instructs otherwise, the clerk must 

not permit an original record or paper to be taken from the 

clerk’s office. Upon disposition of the case, original papers 

constituting the record on appeal or review must be returned 

to the court or agency from which they were received. The 

clerk must preserve a copy of any brief, appendix, or other 

paper that has been filed.

FEDERAL CIRCUIT RULE 45

Clerk of Court’s Duties

(a) Dismissal by Clerk of Court; Reconsideration. 

The clerk of court may dismiss an appeal for a failure to follow the 

Federal Rules of Appellate Procedure or these Federal Circuit Rules. 

A party may move that the court reconsider such dismissal, and any 

motion for reconsideration must be filed within fourteen (14) days 

after issuance of the order of dismissal and must not exceed five (5) 

pages. An unrepresented party may file an informal motion for 

reconsideration of the dismissal, which may be in the form of a letter.
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FEDERAL CIRCUIT RULE 45

(b) Release of Confidential or Sealed Materials. 

Absent court order or authorization by these rules, the clerk of court 

may not publicly release any confidential or sealed document except 

to serve case participants with court-issued documents filed under 

seal. Ex parte confidential filings will remain restricted to the court 

until such time as the court deems them fit for release to the parties 

or the public.

(c) Authority to Enter Orders.

The clerk of court may enter an order “For the Court” only when 

authorized by these rules or at the direction of a judge or the court.

(d) Communication with the Court.

All correspondence and telephone calls about cases and motions and 

all press inquiries must be directed to the clerk of court.

(e) Deputy Clerks.

For purposes of these rules, any action that may be taken by the clerk 

of court may also be taken by any sworn deputy clerk of this court.

(f) Electronic Orders and Court Documents.

(1) Entry and Notice.

The electronic filing by the clerk of court of any order, opinion, 

judgment, notice, or other court-issued document through the 

court’s electronic filing system constitutes entry of that 

document on the docket maintained by the clerk of court under 

Federal Rule of Appellate Procedure 45(b), as well as notice to 

and service upon registered electronic filers under Federal 

Rule of Appellate Procedure 45(c). The clerk of court must 

give notice in paper form to any party not receiving electronic 

notice through the court’s electronic filing system.

(2) Signature and Validity.

Documents issued by the court, the clerk of court, or an 

authorized court representative are self-authenticating when 

issued through the court’s electronic filing system. Documents 

requiring a signature may be signed with an original, 

handwritten signature; an electronic signature consistent with 

the signature requirements for electronically filed documents 

under Federal Circuit Rule 25; or an affixed seal of the court. 
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FEDERAL CIRCUIT RULE 45

Any court document electronically signed and filed through 

the court’s electronic filing system has the same force and 

effect as if it had been signed with an original, handwritten 

signature.

(3) Paperless Orders.

For routine procedural and notification matters, the clerk of court has 

the discretion to enter a notice or an order on the electronic docket as 

a text-only entry. Such orders have the same force and effect as any 

other order or notice. The clerk of court must give notice in paper form 

to any party not receiving electronic notice through the court’s 

electronic filing system.

(g) Public Notice.

For purposes of these rules, the clerk of court satisfies any public 

notice requirement by posting the notice on the court’s website. 
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FEDERAL RULE OF APPELLATE PROCEDURE 46

Attorneys

(a) Admission to the Bar.

(1) Eligibility. 

An attorney is eligible for admission to the bar of a court of 

appeals if that attorney is of good moral and professional 

character and is admitted to practice before the Supreme 

Court of the United States, the highest court of a state, 

another United States court of appeals, or a United States 

district court (including the district courts for Guam, the 

Northern Mariana Islands, and the Virgin Islands).

(2) Application. 

An applicant must file an application for admission, on a form 

approved by the court that contains the applicant’s personal 

statement showing eligibility for membership. The applicant 

must subscribe to the following oath or affirmation:

“I, ________________________, do solemnly swear [or affirm] 

that I will conduct myself as an attorney and counselor of this 

court, uprightly and according to law; and that I will support 

the Constitution of the United States.”*

(3) Admission Procedures.

On written or oral motion of a member of the court’s bar, the 

court will act on the application. An applicant may be 

admitted by oral motion in open court. But, unless the court 

orders otherwise, an applicant need not appear before the 

court to be admitted. Upon admission, an applicant must pay 

the clerk the fee prescribed by local rule or court order.†

*Form 21 is this court’s local form for an application for admission to the bar.

†This court requires that fees be paid in advance. See Fed. Cir. R. 52(c). 
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FEDERAL RULE OF APPELLATE PROCEDURE 46

(b) Suspension or Disbarment.*

(1) Standard.

A member of the court’s bar is subject to suspension or 

disbarment by the court if the member:

(A) has been suspended or disbarred from practice in any 

other court; or

(B) is guilty of conduct unbecoming a member of the court’s 

bar.

(2) Procedure.

The member must be given an opportunity to show good cause, 

within the time prescribed by the court, why the member 

should not be suspended or disbarred.

(3) Order.

The court must enter an appropriate order after the member 

responds and a hearing is held, if requested, or after the time 

prescribed for a response expires, if no response is made.

(c) Discipline.†

A court of appeals may discipline an attorney who practices before it 

for conduct unbecoming a member of the bar or for failure to comply 

with any court rule. First, however, the court must afford the attorney 

reasonable notice, an opportunity to show cause to the contrary, and, 

if requested, a hearing.

*See this court’s Attorney Discipline Rules for further information. See Fed. Cir. R. 46(f). 

†See this court’s Attorney Discipline Rules for further information. See Fed. Cir. R. 46(f). 
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Federal Circuit Rules of Practice (March 1, 2023) Page 189

FEDERAL CIRCUIT RULE 46

Attorneys

(a) Eligibility. 

An attorney is eligible for admission to the bar of this court if that 

attorney is of good moral and professional character and is admitted 

to practice before and of good standing in any of the following:

(1) any of the courts listed in Federal Rule of Appellate Procedure 

46(a); 

(2) the United States Court of International Trade;

(3) the United States Court of Federal Claims;

(4) the United States Court of Appeals for Veterans Claims; or

(5) the District of Columbia Court of Appeals.

(b) Procedure for Admission.

(1) Motion in Open Court. 

An attorney may be admitted to the bar in open court by 

appearing personally with a sponsor who is a member of the 

bar of this court and who states the applicant’s qualifications 

and moves the admission. Motions for admission to the bar 

will be entertained at the opening of each session of court.

(2) Written Motion by Member of the Court’s Bar. 

An attorney may be admitted on written motion of a member 

of the bar of the court who attests to the applicant’s 

qualifications.

(3) Written Motion by Attorney. 

An attorney may be admitted on that attorney’s own motion, 

accompanied by a certificate of good standing from a court 

listed in Federal Circuit Rule 46(a). The certificate must be 

dated within thirty (30) days of the motion for admission and 

must bear the seal of the issuing court. A written motion for 

admission must be submitted on a form approved by this 

court. The clerk of court will furnish the form.

(4) Oath. 

Each attorney admitted to the bar of this court must take an 

oath prescribed by the court.
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FEDERAL CIRCUIT RULE 46

(c) Application, Submission, and Payment.

An attorney seeking admission to the bar of this court must 

electronically submit an application for admission in accordance with 

the court’s Electronic Filing Procedures. After admission, the 

applicant will receive a certificate of admission in the mail. The fees 

for admission to the bar and a duplicate certificate are set by the court 

and are posted in accordance with Federal Circuit Rule 52(a). 

(d) Government Attorney.

An attorney for any federal, state, or local government office or agency 

may appear before this court in connection with that attorney’s official 

duties without formal admission to the bar of the court.

(e) Change of Name or Contact Information.

An attorney admitted to the bar of this court must promptly update 

electronic filing account information to reflect any change of name or 

change in contact information.

(f) Disciplinary Action.

Disciplinary action against an attorney will be conducted in 

accordance with the Federal Circuit Attorney Discipline Rules. 

PRACTICE NOTES TO RULE 46

Form for Written Motion for Admission.

Using Federal Circuit Form 21 satisfies the requirements for a written 

motion for admission under Federal Circuit Rule 46(b)(2) and (3). 
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Federal Circuit Rules of Practice (March 1, 2023) Page 191

FEDERAL RULE OF APPELLATE PROCEDURE 47

Local Rules by Courts of Appeals

(a) Local Rules.

(1) Each court of appeals acting by a majority of its judges in 

regular active service may, after giving appropriate public 

notice and opportunity for comment, make and amend rules 

governing its practice. A generally applicable direction to 

parties or lawyers regarding practice before a court must be in 

a local rule rather than an internal operating procedure or 

standing order. A local rule must be consistent with — but not 

duplicative of — Acts of Congress and rules adopted under 28 

U.S.C. §2072 and must conform to any uniform numbering 

system prescribed by the Judicial Conference of the United 

States. Each circuit clerk must send the Administrative Office 

of the United States Courts a copy of each local rule and 

internal operating procedure when it is promulgated or 

amended.

(2) A local rule imposing a requirement of form must not be 

enforced in a manner that causes a party to lose rights because 

of a nonwillful failure to comply with the requirement.

(b) Procedure When There Is No Controlling Law.

A court of appeals may regulate practice in a particular case in any 

manner consistent with federal law, these rules, and local rules of the 

circuit. No sanction or other disadvantage may be imposed for 

noncompliance with any requirement not in federal law, federal rules, 

or the local circuit rules unless the alleged violator has been furnished 

in the particular case with actual notice of the requirement.
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Federal Circuit Rules of Practice (March 1, 2023) Page 192

FEDERAL CIRCUIT RULE 47

Adoption of Local Rules

(a) Regular Amendments.

(1) The court has adopted several local rules pursuant to Federal 

Rule of Appellate Procedure 47. 

(2) On its own motion or on the proposal of either the court’s Advisory 

Council or any person, the court may propose amendments to 

these rules by giving public notice and the opportunity for public 

comment on any proposed amendments for a period of at least 

thirty (30) days. Following the period of public notice, the court 

may adopt, amend and adopt, or take no action on the proposed 

amendments and give public notice of its action.

(3) In the event the court adopts final amendments to these rules, the 

clerk of court will give public notice of the effective date of any 

amendments. Unless otherwise ordered, any amendments will 

apply to all cases pending on or after the effective date of the 

amendments to the extent practicable.

(b) Emergency Amendments.

If the court determines that there is an immediate need for a new rule 

or a rule amendment based on the urgency of the matter involved, the 

court may provide that an amendment take immediate effect, with a 

period of public notice and opportunity for public comment to follow. See

28 U.S.C. § 2071(e).

(c) Internal Operating Procedures and Other Matters. 

The court may adopt or amend internal operating procedures, standing 

or administrative orders, court forms, and other matters as necessary to 

implement these rules or otherwise provide for practice before this court. 

To the extent practicable, the court will provide public notice in advance 

of any effective date.
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Federal Circuit Rules of Practice (March 1, 2023) Page 193

FEDERAL CIRCUIT RULE 47.1

Sessions and Places of Holding Court

(a) Sessions.

Sessions of the court will be held as the court announces.

(b) Places of Holding Court.

The court may hold sessions in any place named and permitted in 28 

U.S.C. § 48.

FEDERAL CIRCUIT RULE 47.2

Panels

(a) Panels.

When not heard en banc, cases and controversies will be heard and 

determined by a panel consisting of an odd number of at least three 

judges. A panel generally will include no more than one senior judge. 

See 28 U.S.C. § 46(c).

(b) Assignment of Cases.

Assignment of cases to panels will be made so as to provide each judge 

with a representative cross-section of the fields of law within the 

jurisdiction of the court. See 28 U.S.C. § 46(b).
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Federal Circuit Rules of Practice (March 1, 2023) Page 194

FEDERAL CIRCUIT RULE 47.3

Representation and Appearance

(a) Representation Requirements.

A corporation, partnership, organization, or other legal entity must be 

represented by counsel before this court. An individual person may 

choose to be represented by counsel or to proceed without counsel but 

may not be represented by a non-member of the bar of this court.

(b) Appearance.

(1) Counsel.

Counsel retained prior to docketing must file an entry of 

appearance within fourteen (14) days after the court dockets 

the case, and one counsel must be designated as the “principal 

counsel.” Counsel retained after initial docketing must file an 

entry of appearance within fourteen (14) days after being 

retained or admitted to the court’s bar, whichever is later. All 

counsel must file an entry of appearance, except for 

government officials, who, by reason of their status as 

supervisors or heads of offices, may be listed on filings in their 

ex officio capacity.

(2) Counsel Not Entering Appearances.

Except for government officials noted above, counsel who have 

not filed an entry of appearance will neither be listed on the 

case docket nor on any decision in the case.

(3) Intervenor and Amicus Curiae.

Counsel for each intervenor, amicus curiae, or movant must 

file an entry of appearance contemporaneously with the first 

document filed by that intervenor, amicus curiae, or movant.

(4) Appearance Before Merits Panel.

Counsel seeking to appear for the first time after the case is 

assigned to a merits panel must file a motion for leave of court 

to appear. Only counsel who have filed entries of appearance 

may present oral argument.

(5) Unrepresented Parties.

Each unrepresented party must submit a notice of 

unrepresented person appearance within fourteen (14) days 
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Federal Circuit Rules of Practice (March 1, 2023) Page 195

FEDERAL CIRCUIT RULE 47.3

after the case is docketed or fourteen (14) days after the last 

remaining counsel for the party has withdrawn.

(6) Form and Contents.

An entry of appearance or notice of unrepresented person 

appearance must be prepared on the form supplied by the 

clerk of court, and all information requested on the form must 

be provided. At the time of filing an entry of appearance, any 

counsel listed on that form may file and sign the form on 

behalf of all listed counsel.

(c) Substitution or Withdrawal of Counsel. 

Principal counsel may not withdraw from representing a party 

without notice to the party and leave of the court. Government 

attorneys and non-principal counsel for other parties may withdraw 

by filing a notice with the clerk of court. To substitute principal 

counsel, the current principal counsel and new principal counsel must

each file amended entries of appearance noting the changes in 

representation.

PRACTICE NOTES TO RULE 47.3

Appearance Form.

Using Federal Circuit Form 8A satisfies the entry of appearance 

requirements under Federal Circuit Rule 47.3(b)(1) for counsel. Using 

Federal Circuit Form 8B satisfies the notice requirements under 

Federal Circuit Rule 47.3(b)(5) for unrepresented parties.

Counsel on Appeal.

For information on the service of documents on a party before counsel 

has entered an appearance, refer to Federal Circuit Rule 25(e)(5). 

New counsel on appeal should provide a copy of the entry of 

appearance form filed in this court to the lower court or agency to 

expedite service of the certified list and other communications.
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Federal Circuit Rules of Practice (March 1, 2023) Page 196

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, 

other than the originating case number(s), that 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 

Appellate Procedure 26.1(b). The certificate must also be included 
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Federal Circuit Rules of Practice (March 1, 2023) Page 197

FEDERAL CIRCUIT RULE 47.4

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.

PRACTICE NOTES TO RULE 47.4

Certificate of Interest.

Using Federal Circuit Form 9 satisfies the certificate of interest 

requirements under Federal Circuit Rule 47.4(a). 
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Federal Circuit Rules of Practice (March 1, 2023) Page 198

FEDERAL CIRCUIT RULE 47.5

Related Case Disclosure

(a) Statement of Related Cases.

Each principal brief must contain a statement of related cases 

indicating the following:

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

or proceeding in the originating tribunal was previously 

before this or any other appellate court, stating the 

following:

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

(B) the date of decision;

(C) the composition of the panel; and

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

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

pending in this or any other tribunal that will directly 

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

pending case.

(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.
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Federal Circuit Rules of Practice (March 1, 2023) Page 199

PRACTICE NOTES TO RULE 47.5

Cases That Only Involve Same General Legal Issue.

Cases are not “related” within the meaning of Federal Circuit Rule 

47.4(a)(5) and 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.

Notice of Related Case Information Form.

Using Federal Circuit Form 9A satisfies the notice of related case 

information requirements under Federal Circuit Rule 47.5(b).

FEDERAL CIRCUIT RULE 47.6.

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 this docketing statement 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 47.6

Docketing Statement Form.

Using Federal Circuit Form 26 satisfies the docketing statement 

requirements under Federal Circuit Rule 47.6. 
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FEDERAL CIRCUIT RULE 47.7

Attorney Fees and Expenses Incurred in This Court

(a) Time for Filing; Response.

(1) Generally.

The court may award attorney fees and expenses when 

authorized by law. An award may be made by the court on its 

own motion or on application of a party.

(2) Time for Filing.

An application for an award of attorney fees and expenses 

must be served and filed within the time prescribed by the 

statute authorizing the award. If the statute does not 

prescribe a time, the application must be made within thirty 

(30) days after entry of the judgment or order denying 

rehearing, whichever is later. However, if a petition for writ of 

certiorari is filed, the application will not be due until thirty 

(30) days after all proceedings in the Supreme Court are 

concluded.

(3) Response. 

No response may be filed to an application for attorney fees 

and expenses unless directed by the court, but no application 

will be granted without the court giving the party an 

opportunity to submit a response.

(4) Award on the Court’s Motion. 

A party awarded attorney fees and expenses by the court on 

its own motion must file and serve a bill of attorney fees and 

expenses containing the information required in Federal 

Circuit Rule 47.7(b)(2)(A)–(C) with the bill of costs authorized 

by Federal Rule of Appellate Procedure 39(d). Any objection 

must be filed within the time prescribed in Federal Rule of 

Appellate Procedure 39(d). 

(b) Contents of Application.

(1) Application under the Equal Access to Justice Act. 

An application for attorney fees and expenses under the Equal 

Access to Justice Act must be made on the form prescribed by 

this court.
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FEDERAL CIRCUIT RULE 47.7

(2) Other Applications.

All other applications for attorney fees and expenses must cite 

the authority for an award and must indicate how the 

prerequisites for an award, including timeliness, are met. In 

addition, all other applications must contain a statement, 

under oath, specifying the following:

(A) the nature of each service rendered;

(B) the amount of time expended rendering each type of 

service; and

(C) the customary charge for each type of service rendered.

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.

FEDERAL CIRCUIT RULE 47.8

In Camera Proceedings

On motion showing that the interest of justice requires it, the court 

may sit in camera, seal its record, or both.
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FEDERAL CIRCUIT RULE 47.9

Petition for Judicial Review Under 5 U.S.C. § 7703(d)

(a) Time for Filing.

A petition for review of a final order or decision of the Merit Systems 

Protection Board or of an arbitrator pursuant to 5 U.S.C. § 7703(d) 

must be filed by the Director of the Office of Personnel Management 

within sixty (60) days after the date the Board or arbitrator issues 

notice of the final order or decision of the Board or arbitrator.

(b) Contents.

The Director’s petition must contain the following:

(1) a statement of jurisdiction under Federal Rule of Appellate 

Procedure 28(a)(4); 

(2) the Director’s determination that the Board or arbitrator erred 

in interpreting a civil service law, rule, or regulation affecting 

personnel management and the reasons supporting the 

determination; 

(3) the Director’s determination that the decision or order of the 

Board or arbitrator will have a substantial impact on a civil 

service law, rule, regulation, or policy directive, and the reasons 

supporting the determination; and

(4) an appendix including a copy of the order or decision for which 

review is sought and any relevant portion of the record on 

review; the appendix may also include documents not part of 

the record on review that are relevant to the determination that 

the decision will have substantial impact.

(c) Length of Petition, Response and Reply; Separate Brief.

A petition or response must not exceed 5,200 words if produced 

electronically or twenty (20) pages otherwise. A reply must not exceed 

2,600 words if produced electronically or ten (10) pages otherwise. A 

separate brief supporting a petition, response, or reply is not 

permitted.

(d) Service and Filing.

The Director must electronically file the petition with the clerk of 

court and must serve a copy of the petition on the named respondents, 
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Federal Circuit Rules of Practice (March 1, 2023) Page 203

FEDERAL CIRCUIT RULE 47.9

all other parties before the Board or arbitrator, and the Board or 

arbitrator.

(e) Notice of Docketing.

On receipt, the clerk of court will enter the petition on the docket as a 

miscellaneous case and notify the Director, the named respondents, 

all other parties before the Board or arbitrator, and the Board or 

arbitrator of the docketing date.

(f) Appearance by Others.

The Board or arbitrator and any other party to the proceeding desiring 

to participate in the proceeding in this court must enter an appearance 

or file a notice if unrepresented. Anyone appearing will be deemed a 

respondent.

(g) Response; Appendix; Reply.

Within twenty-one (21) days after service of a petition, any respondent 

may file a response. The response may include an appendix 

containing any relevant portion of the record on review not included 

in the appendix to the petition; the appendix may also include 

documents or affidavits not part of the record on review that are 

relevant to the determination that the decision will have substantial 

impact. Within fourteen (14) days after service of a response, the 

Director may file a reply.

(h) Action by the Court.

Granting a petition for review is at the discretion of the court. On 

receipt of an order granting review, the clerk of court must enter the 

petition for review on the general docket. The petition for review will 

then proceed as if filed under Federal Rule of Appellate Procedure 15. 
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FEDERAL CIRCUIT RULE 47.10

Dismissal of a Bankruptcy Stay Case

An appeal stayed in accordance with the bankruptcy stay provisions 

of 11 U.S.C. § 362 may be dismissed by the clerk of court without 

prejudice to the appellant reinstating the appeal within thirty (30)

days after the stay is lifted or the bankruptcy proceeding ends.

FEDERAL CIRCUIT RULE 47.11

Quorum

A quorum is a simple majority of a panel of the court or of the court en 

banc. In determining whether a quorum exists for en banc purposes, 

more than half of all circuit judges in regular active service, including 

recused or disqualified judges, must be eligible to participate in the en 

banc process. If a judge of a panel that has heard oral argument or 

taken under submission any appeal, petition, or motion is unable to 

continue with consideration of the matter because of death, illness, 

resignation, incapacity, or recusal, the remaining judges will 

determine the matter if they are in agreement and no remaining judge 

requests the designation of another judge. If the remaining judges are 

not in agreement or if any remaining judge requests the designation 

of another judge, the remaining judges will promptly advise the chief 

judge who will secure another judge to sit with the panel.

FEDERAL CIRCUIT RULE 47.12

[Reserved]
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FEDERAL RULE OF APPELLATE PROCEDURE 48

Masters

(a) Appointment; Powers.

A court of appeals may appoint a special master to hold hearings, if 

necessary, and to recommend factual findings and disposition in 

matters ancillary to proceedings in the court. Unless the order 

referring a matter to a master specifies or limits the master’s powers, 

those powers include, but are not limited to, the following:

(1) regulating all aspects of a hearing;

(2) taking all appropriate action for the efficient performance of the 

master’s duties under the order;

(3) requiring the production of evidence on all matters embraced in 

the reference; and

(4) administering oaths and examining witnesses and parties.

(b) Compensation.

If the master is not a judge or court employee, the court must 

determine the master’s compensation and whether the cost is to be 

charged to any party.

FEDERAL CIRCUIT RULE 49

Seal of the Court

The clerk of court is the keeper of the seal, which is the means of 

authentication of all records and certificates issued from this court.
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Federal Circuit Rules of Practice (March 1, 2023) Page 206

FEDERAL CIRCUIT RULE 50

Employee and Former Employee

(a) Restrictions on Practice.

No employee of the court may engage in the practice of law. No former 

employee of the court may participate or assist, by representation, 

consultation, or otherwise, in any case that was pending in the court 

during the period of employment.

(b) Requirements of Counsel.

All counsel appearing in cases before the court are required to take 

reasonable steps to ensure compliance with this rule. See In re 

Violation of Rule 50, 712 F. App’x 1005 (Fed. Cir. 2018).

(c) Employee Defined.

For purposes of this rule, a person serving at the court as an intern, 

whether in a judge’s chambers or otherwise, is considered an employee 

of the court, whether such service is for pay, for law school credit, or 

voluntary.

PRACTICE NOTES TO RULE 50

All Future Participation and Assistance Prohibited.

A former employee of the court is prohibited from participating or 

assisting in any case after employment with the court if the case was 

before this court at any point during the person’s employment. Thus, 

for example, a former employee is prohibited from participating or 

assisting in a case in a trial forum, agency, or other forum if the case 

was before this court during the person’s employment and was 

remanded by this court or otherwise continued in the trial forum, 

agency, or other forum for any other reason. A former employee is also 

prohibited, for example, from participating or assisting in the case if 

it is subsequently before this court again or if it is before the Supreme 

Court of the United States. In addition to Federal Circuit Rule 50, 

former employees should also consult any applicable local bar rules 

and Canon 3(d) of the Code of Conduct for Judicial Employees.
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Federal Circuit Rules of Practice (March 1, 2023) Page 207

FEDERAL CIRCUIT RULE 51

Complaint of Judicial Misconduct or Disability

The procedures for processing a complaint of judicial misconduct or 

disability are pursuant to 28 U.S.C. § 351, et seq. The clerk of court 

will provide copies of these procedures on request.

FEDERAL CIRCUIT RULE 52

Fees

(a) Schedule of Fees.

(1) General.

The fees charged by the clerk of court must be the fees 

prescribed by the Judicial Conference of the United States 

pursuant to 28 U.S.C. § 1913 or adopted by the court. No fees 

under this schedule may be charged to federal agencies or 

programs funded from judiciary appropriations, including, but 

not limited to, agencies, organizations, and individuals 

providing services authorized by the Criminal Justice Act, 18 

U.S.C. § 3006A, and Bankruptcy Administrator programs. 

The schedule of fees will be posted on the court’s website and 

in a public area of the courthouse.

(2) Docketing Fee. 

The docketing fee will be paid to the trial court clerk of court 

on filing a notice of appeal in that court. The docketing fee 

will be paid to this court’s clerk of court on filing any other 

proceeding.

(3) Electronic Public Access Fee Schedule. 

The fees for electronic public access are authorized by 28 

U.S.C. § 1913 and promulgated in the Judicial Conference 

Electronic Public Access Fee Schedule. 

(b) Copies of Opinions. 

All public court opinions are available on the court’s website or 

PACER without charge. Printed copies of court orders and opinions 

are subject to the Electronic Public Access Fee Schedule. 
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Federal Circuit Rules of Practice (March 1, 2023) Page 208

FEDERAL CIRCUIT RULE 52

(c) Fees to Be Paid in Advance.

Each notice of appeal, petition for review, application or crossapplication for enforcement, petition for an extraordinary writ, and 

petition for permission to appeal filed electronically as a caseinitiating document with this court must be accompanied by the 

docketing fee, or a motion for leave to proceed in forma pauperis or 

other waiver, as described in the court’s Electronic Filing Procedures. 

The clerk of court may defer taking any additional action on these 

documents after initial docketing until any fee due is paid or the court 

or clerk of court grants a fee waiver. The clerk of court may also defer 

action on all other services requiring payment under the Schedule of 

Fees until payment is received.

(d) Dismissal for Failing to Pay Docketing Fee.

If a proceeding is docketed without prepayment of the docketing fee, 

the appellant or petitioner must pay the fee within fourteen (14) days 

after docketing, unless ordered otherwise. If the clerk of court does 

not receive the docketing fee, a completed motion for leave to proceed 

in forma pauperis, or a completed USERRA notice within the allotted 

timeframe, the clerk of court is authorized to dismiss the proceeding.

(e) Fee Payment.

Electronic filers must pay all fees electronically as provided in the 

court’s Electronic Filing Procedures. Paper filers must pay all fees in 

U.S. dollars in the manner set by the clerk of court based on applicable 

regulations of the Judicial Conference of the United States and United 

States Department of the Treasury. Checks must be made payable to 

the Clerk of Court, United States Court of Appeals for the Federal 

Circuit.
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Federal Circuit Rules of Practice (March 1, 2023) Page 209

PRACTICE NOTES TO RULE 52

No Refund of Fees.

Fees are deposited with the Treasury Department on receipt. The 

clerk of court cannot refund any fee once it is deposited, except the 

clerk of court may refund (1) any fee paid in excess of the fee 

established by the court’s Schedule of Fees or this court and (2) any 

duplicate fee for the same transaction.

Methods of Payment.

The clerk of court accepts only exact amounts in U.S. dollars and 

cannot provide change. For payment by personal check or direct debit 

(ACH), credit for payment will be given only after the check has been 

accepted by the issuing financial institution. Checks returned for 

insufficient funds are subject to collection, including an additional fee 

for insufficient funds as set by the court’s Schedule of Fees. The clerk 

of court will not accept credit or debit card payments over the phone.

Docketing Fee and Costs in a Case Involving a Claim Under the 

Uniformed Services Employment and Reemployment Rights Act of 

1994.

In a petition for review of a Merits Systems Protection Board decision, 

a petitioner is not required to pay the docketing fee if the case involved 

a claim under the Uniformed Services Employment and 

Reemployment Rights Act of 1994 (USERRA). 38 U.S.C. §§ 4323, 

4324. A petitioner claiming exemption from the fee pursuant to 

USERRA should submit Federal Circuit Form 6B within fourteen (14) 

days after the date of docketing of the petition and may be required to 

submit documentation that the case before the Board involved a 

USERRA claim.
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FEDERAL CIRCUIT RULE 53

Judicial Conference

There will be held, at a time and place designated by the chief judge, 

a conference to consider the business of the court and to advise means 

of improving the administration of justice. The chief judge presides at 

the conference. All members of the bar of the court may be members 

of the conference and may participate in its discussions and 

deliberations. Registrants must pay a fee to be applied to the payment 

of expenses of the conference.
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FEDERAL CIRCUIT RULE 54

Library

(a) General.

The library in the Howard T. Markey National Courts Building serves 

this court and the United States Court of Federal Claims.

(b) Authorized Users.

The library’s authorized users are limited to the following:

(1) the judges of the courts;

(2) staff of either court;

(3) members of the bars of either court;

(4) unrepresented parties with pending cases in either court;

(5) attorneys employed by the United States; and

(6) employees of the Administrative Office of the United States 

Courts and the Federal Judicial Center.

(c) Suspension; Closing.

The librarian may suspend an authorized user for cause and may, 

when warranted, close the library to all except judges and the court 

staff.

(d) Books: Check Out and Removal.

Only judges and the court staff may check out books from the library. 

Library books must not be removed from the premises of the Howard 

T. Markey National Courts Building without express permission from 

the librarian.
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Federal Circuit Rules of Practice (March 1, 2023) Page 212

_top

FEDERAL CIRCUIT ATTORNEY DISCIPLINE RULES

INTRODUCTION

The United States Court of Appeals for the Federal Circuit, in 

furtherance of its power and responsibility under Federal Rule of 

Appellate Procedure 46 and its inherent power and responsibility to 

supervise the conduct of attorneys who are members of its bar, 

promulgates the following Attorney Discipline Rules.

The rules contemplate that a disciplinary proceeding stemming from 

most misconduct that occurs before a merits or motions panel will be 

conducted by that panel. A proceeding stemming from more serious 

misconduct, based on conviction of a serious crime, or imposing 

reciprocal discipline will be conducted by a Standing Panel on Attorney 

Discipline composed of three judges. In conformance with Federal Rule 

of Appellate Procedure 46, a hearing, if requested, will be available in 

any proceeding. The record in an ongoing proceeding will be confidential 

unless otherwise ordered. At the conclusion of a proceeding in which 

discipline is imposed, the final order and the record will be made a public 

record. A final order issued by a panel will be reviewable in a manner 

analogous to review under Federal Rules of Appellate Procedure 35 and 

40. 

RULE 1. DEFINITIONS

(a) Another Court.

Another court means any Court of the United States or any 

court of a state, the District of Columbia, a territory, or a 

commonwealth of the United States. For purposes of these 

rules, another court also includes the United States Court of 

Appeals for Veterans Claims and the United States Court of 

Federal Claims.

(b) Agency. 

Agency means any agency of the United States as defined in 5 

U.S.C. § 551.

(c) Serious Crime. 

Serious crime means (1) any felony or (2) any lesser crime a 

necessary element of which, as determined by statutory or 

common law definition of such crime in the jurisdiction where 

the conviction occurred, is (i) interference with the 

administration of justice, (ii) false swearing, (iii) 

misrepresentation, (iv) fraud, (v) willful failure to file an income 

tax return, (vi) deceit, (vii) bribery, (viii) extortion, (ix) 
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Federal Circuit Rules of Practice (March 1, 2023) Page 213

misappropriation, (x) theft, or (xi) an attempt or conspiracy or 

solicitation of another to commit a serious crime.

RULE 2. GROUNDS FOR DISCIPLINE

(a) Conviction.

Conviction in another court of a serious crime may be the basis 

for discipline.

(b) Disbarment or Suspension.

Reciprocal discipline may be imposed based on disbarment or 

suspension by another court or by an agency.

(c) Resignation.

Disbarment may be imposed based on an attorney’s disbarment 

on consent or resignation from the bar of another court or an 

agency while an investigation into an allegation of misconduct is 

pending.

(d) Act or Omission.

An act or omission by an attorney that violates the Federal 

Rules of Appellate Procedure, the Federal Circuit Rules, these 

rules, or orders or instructions of the court, other than an act or 

omission contemplated by Rule 3(d) of these rules, may be the 

basis for discipline. A failure to notify the court in compliance 

with Rule 6(a) may itself be the basis for discipline.

(e) Conduct Unbecoming.

Any conduct before the court unbecoming a member of the bar 

may be the basis for discipline.

RULE 3. TYPES OF DISCIPLINE

(a) Discipline for Misconduct.

Discipline for attorney misconduct may consist of disbarment, 

suspension for a definite period, monetary sanction, public 

reprimand, private reprimand, or any other disciplinary action 

that the court deems appropriate.

(b) Disbarment.

Disbarment is the presumed discipline for conviction of a serious 

crime.
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Federal Circuit Rules of Practice (March 1, 2023) Page 214

(c) Reciprocal Discipline.

The imposition of reciprocal disbarment or suspension is the 

presumed discipline based on the disbarment or suspension of 

an attorney by another court or an agency. Disbarment based 

on an attorney’s disbarment on consent or resignation from a bar 

of another court or an agency while an investigation into an 

allegation of misconduct is pending constitutes reciprocal 

discipline.

(d) Sanctions Under Other Provisions.

Assessment of damages, costs, expenses, or attorney fees under

Federal Rule of Appellate Procedure 38, 28 U.S.C. § 1927, or 

similar statutory provision are not disciplinary sanctions within 

the meaning of these rules and are not governed by these rules.

RULE 4. DISCIPLINARY MATTERS REFERRED TO THE COURT

(a) Docketing.

The clerk of court will maintain a miscellaneous attorney 

disciplinary matter docket and will assign a number to each 

matter.

(b) Merits or Motions Panel.

When attorney misconduct under these rules occurs within the 

context of a case before a merits panel or a motions panel, that 

panel may impose any discipline except disbarment, suspension, 

or a monetary sanction over $1,000. The proceeding is 

conducted in accordance with Rule 5. In lieu of conducting its 

own proceeding, a majority of the panel may refer the matter to 

the Standing Panel on Attorney Discipline.

(c) Standing Panel on Attorney Discipline.

(1) The Standing Panel must conduct proceedings in any 

matter in which disbarment, suspension, or a monetary 

sanction over $1000 may be considered, or in any matter 

referred by a merits or motions panel.

(2) The Standing Panel will consist of three (3) judges, at least 

two (2) of whom must be judges in regular active service, 

appointed by the Chief Judge. The Chief Judge may serve 

as a member of the Standing Panel. The initial 

appointments will be for one-, two-, and three-year terms, 

so that the members’ terms are staggered. Thereafter, a 

member will be appointed for a three-year term. A member 

who has served on the Standing Panel for three years is not 
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Federal Circuit Rules of Practice (March 1, 2023) Page 215

eligible for appointment to another term until three years 

after termination of his or her last appointment.

(3) The chairperson of the Standing Panel shall be the senior 

judge in regular active service. 

(4) If a member of the Standing Panel is unable or unavailable 

to hear a particular matter, the Chief Judge will appoint 

another judge to be a member of the Standing Panel for 

that matter. If a member of the Standing Panel is unable 

to complete the remainder of his or her term for any reason, 

e.g., retirement, incapacity, death, the Chief Judge will

appoint another judge to serve the remainder of the term.

RULE 5. MERITS/MOTIONS PANEL OR STANDING PANEL PROCEDURE

(a) Representation.

An attorney may be represented by counsel in any disciplinary 

proceeding. Counsel must enter an appearance promptly, and in 

any event prior to submitting any documents or at least fourteen 

(14) days before appearing at a hearing, whichever is earlier. 

Except as provided by Federal Circuit Rule 46(d), counsel must 

be a member of the bar of this court.

(b) Show Cause Order.

Any panel may issue an order describing an attorney’s 

misconduct and ordering the attorney to show cause (1) why a 

specific discipline should not be imposed or (2) why a discipline 

to be determined later should not be imposed. Unless otherwise 

ordered, a response is due within thirty (30) days. Any request 

for a hearing must be included in a response.

(c) Uncontested Matter.

If an attorney does not respond to a show cause order or does not 

object to the imposition of a specified discipline, the clerk of 

court may then issue a final order imposing such discipline.

(d) Contested Matter. 

If an attorney contests the imposition of discipline or requests a 

hearing, further proceedings must be conducted in accordance 

with Rule 8. 

(e) Referral to State Bar Association or Other Disciplinary 

Entity.

The Standing Panel or any merits or motions panel may in its 

discretion refer a pending disciplinary matter or a matter that 
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Federal Circuit Rules of Practice (March 1, 2023) Page 216

has been concluded to an appropriate state bar association or 

other disciplinary entity.

(f) Final Order.

At the conclusion of a proceeding, a panel will issue a final order 

in the matter. The order may direct the attorney or the clerk of 

court to send a copy of the order to all other courts and agencies 

before which an attorney is admitted. The clerk of court may 

also be directed to notify the American Bar Association’s 

National Lawyer Regulatory Data Bank of the discipline.

(g) Review by the Panel or the Judges of the Court.

An attorney may file a petition for rehearing by the panel or a 

combined petition for rehearing by the panel and suggestion for 

rehearing by the judges of the court in regular active service, or 

a majority of the judges in regular active service may order that 

a disciplinary matter be heard or reheard by them. Such a 

hearing or rehearing is not favored and ordinarily will not be 

ordered except when necessary to secure or maintain uniformity 

of the court’s decisions or when the proceeding involves a 

question of exceptional importance. Any such petition must be 

filed within thirty (30) days after the date of the panel’s final 

order. The procedures governing a petition for rehearing or a 

combined petition/suggestion will otherwise be in accordance 

with the provisions of Federal Rules of Appellate Procedure 35

and 40 and Federal Circuit Rules 35 and 40. 

RULE 6. CONVICTION OR DISCIPLINE IMPOSED BY ANOTHER COURT OR AN AGENCY

(a) Duty of Attorney to Notify.

An attorney who is a member of the bar of this court must notify 

the clerk of court in writing within fourteen (14) days after the 

member’s (1) conviction of a serious crime, (2) disbarment or 

suspension by another court or by an agency, or (3) disbarment 

on consent or resignation from the bar of another court or an 

agency while an investigation into an allegation of misconduct is 

pending. Upon receipt of such information, the clerk of court

must follow the procedures set forth in Rule 7. 

(b) Notification from Another Court or Agency; Sua Sponte.

Upon receipt of a copy of a judgment, order, or other document 

demonstrating that a member of the bar of this court has been 

disbarred or suspended from the practice of law by another court 

or an agency, or has resigned while an investigation into an 
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Federal Circuit Rules of Practice (March 1, 2023) Page 217

allegation of misconduct is pending, the clerk of court must

follow the procedures set forth in Rule 7. 

RULE 7. PROCEEDINGS FOR RECIPROCAL DISCIPLINE OR CONVICTION OF SERIOUS 

CRIME

(a) Show Cause Order.

On notification of an attorney’s disbarment or suspension by 

another court or agency, the clerk of court must issue a show 

cause order why the court should not impose the identical 

discipline. On notification of an attorney’s conviction of a 

serious crime or resignation from the bar of another court or 

agency while a misconduct investigation is pending, the clerk of 

court must issue a show cause order why disbarment should not 

be imposed.

(b) Response.

Unless otherwise ordered, a response to a show cause order is 

due within thirty (30) days to the clerk of court and should 

indicate the docket number of the matter. Any request for a 

hearing must be included in a response. In any response, the 

attorney must (1) list all bars to which the attorney is admitted, 

including all bar numbers and other bar identification 

information and (2) list all cases pending before this court in 

which the attorney is involved.

(c) Uncontested Matter.

If an attorney does not object to the imposition of reciprocal 

discipline or does not respond to the show cause order, the clerk 

of court may then issue a final order imposing such reciprocal 

discipline.

(d) Contested Matter.

If an attorney contests the imposition of reciprocal discipline, 

further proceedings will be conducted in accordance with Rule 8. 

(e) Final Order and Further Review.

At the conclusion of a proceeding, the Standing Panel will issue 

a final order in the matter. Any further review will be in 

accordance with Rule 5(g). 

RULE 8. CONTESTED PROCEEDINGS

(a) No Request for a Hearing.

If an attorney does not request a hearing in response to a show 

cause order, then the panel will prepare the record consisting of 

the show cause order, the response, and any other documents 
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Federal Circuit Rules of Practice (March 1, 2023) Page 218

obtained by the panel. If the record includes documents in 

addition to the show cause order and the response, then an 

attorney will be given notice that he or she may inspect and copy 

the record at his or her expense and may file a supplemental 

response. Information will be withheld from an attorney only in 

extraordinary circumstances, e.g., for national security or 

criminal investigation reasons. Any supplemental response is

due within fourteen (14) days after the date of the notice 

concerning inspection and copying.

(b) Request for Hearing.

On request by an attorney, except in cases of reciprocal 

discipline under Rule 2(b) or resignation under Rule 2(c) where 

the conducting of a hearing is at the discretion of the panel, the 

panel will schedule a hearing. A hearing scheduled by a merits 

or motions panel will be an oral hearing. If a merits or motions 

panel determines that an evidentiary hearing is necessary, that 

panel will refer the matter to the Standing Panel. In matters 

that have not been referred by a merits or motions panel, the 

Standing Panel shall determine whether a hearing is oral or 

evidentiary. An attorney must be given at least thirty (30) days’ 

notice of the time, date, and place of a hearing.

(1) The record consists of the show cause order, the response, 

and any other documents obtained by the panel. If the 

record includes documents in addition to the show cause 

order and the response, then an attorney will be given 

notice that he or she may inspect and copy the record at his 

or her expense. Information will be withheld from an 

attorney only in extraordinary circumstances, e.g., for 

national security or criminal investigation reasons.

(2) The Standing Panel may compel by subpoena the 

attendance of witnesses, including the attorney subject to 

the proceeding, and the production of documents.

(3) During an evidentiary hearing, an attorney will be afforded 

an opportunity to cross-examine any witnesses called by 

the Standing Panel and to introduce evidence in defense or 

mitigation.

(4) A hearing will be recorded on tape unless an attorney 

arranges to have a reporting service present at his or her 

own expense.

(c) Reciprocal Disciplinary Matter.

Notification that an attorney has been disbarred or suspended 

by another court or agency establishes that the conduct in fact 
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occurred and that the discipline was appropriate unless an 

attorney shows the following:

(1) the procedure was so lacking in notice or opportunity to be 

heard that it constituted a deprivation of due process; or

(2) there was such an infirmity of proof establishing the 

misconduct that it gave rise to the clear conviction that this 

court could not, consistent with its duty, accept as final the 

conclusion on the matter; or

(3) the imposition of the same discipline by this court would 

result in grave injustice; or

(4) the misconduct established is deemed by this court to 

warrant substantially different discipline.

(d) Conviction of a Serious Crime.

Notification of a conviction of a serious crime is conclusive 

evidence of the commission of that crime for purposes of these 

disciplinary proceedings. If an attorney notifies the court that a 

conviction has been vacated or reversed, the Standing Panel will

promptly review the matter.

RULE 9. REINSTATEMENT

(a) After Reciprocal Disbarment or Suspension.

If disbarment by this court was based on a disbarment by 

another court or agency or a suspension was directed to run 

concurrently with a suspension ordered by another court or 

agency, then an attorney is eligible for reinstatement when the 

original discipline is lifted or expires. An attorney must submit 

an affidavit notifying this court of the action of the court that 

imposed the original discipline. The clerk of court will refer an 

attorney’s notification affidavit to the Standing Panel. Unless 

otherwise ordered, the clerk of court will issue an order 

reinstating the attorney within fourteen (14) days after 

reference to the Standing Panel.

(b) After Disbarment.

An attorney who has been disbarred as a result of misconduct 

before this court may not apply for reinstatement until the 

expiration of five (5) years from the effective date of the 

disbarment.

(c) After Suspension.

(1) An attorney who has been suspended with automatic 

reinstatement as a result of misconduct before this court 
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Federal Circuit Rules of Practice (March 1, 2023) Page 220

may file an affidavit of compliance with the suspension 

order after the suspension period has expired. The clerk of 

court will issue an order reinstating the attorney within 

fourteen (14) days.

(2) An attorney who has been suspended conditioned on 

applying for reinstatement as a result of misconduct before 

this court may file an application after the suspension 

period expires.

(d) Application for Reinstatement.

The clerk of court will refer an application for reinstatement to 

the Standing Panel. Any request for a hearing must be included 

in an application.

(1) The Standing Panel may issue an order granting an 

application or, if no hearing is requested, may issue an 

order denying an application.

(2) If the Standing Panel is not satisfied initially that 

reinstatement is appropriate and a hearing is requested, 

the Standing Panel will schedule a hearing. The Standing 

Panel will decide whether a hearing will be oral or 

evidentiary. At a hearing the applicant has the burden of 

showing that he or she has the moral qualifications, 

competency, and learning in the law required for 

readmission and that the resumption of practice will not be 

detrimental to the integrity and standing of the bar or to 

the administration of justice.

(3) At the conclusion of a proceeding, the Standing Panel will

issue a final order. Further review will be in accordance 

with Rule 5(g). 

(e) Successive Application.

A successive application for reinstatement may not be filed until 

one (1) year has elapsed after an adverse decision on an earlier 

application.

RULE 10. ACCESS TO INFORMATION

(a) Confidentiality During Proceedings.

An ongoing disciplinary proceeding is confidential (1) unless the 

attorney subject to the proceeding requests that it be made a 

public record or (2) except to the extent that a panel may 

disclose the subject matter and status of a proceeding if the 

proceeding is based on a conviction of a serious crime, or an 
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Federal Circuit Rules of Practice (March 1, 2023) Page 221

allegation that has become generally known to the public, or 

there is a need to notify another person or entity to protect the 

public, the legal profession, or the administration of justice.

(b) Confidentiality Upon Issuance of a Final Order.

A final order issuing a private reprimand or imposing no 

discipline and the record of those proceedings are confidential 

unless the attorney subject to the proceeding requests that it be 

made a public record. If other discipline is imposed, a final order 

and the record will be made a public record at the time of 

issuance of a final order. However, a panel may issue a 

permanent protective order prohibiting the disclosure of any 

part of the record to protect the interest of a complainant, a 

witness, a third party or nonparty, or the attorney.

RULE 11. EFFECTIVE DATE

These rules are effective July 1, 2020.