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UNITED STATES COURT OF APPEALS 

FOR THE FEDERAL CIRCUIT

REVISED PROTOCOLS FOR IN-PERSON ARGUMENTS

(June 13, 2022)

Starting with the September 2021 court sitting, the United States Court of 

Appeals for the Federal Circuit resumed in-person argument. This document sets 

forth Protocols that will govern appearances for future sittings until further notice. 

See Administrative Order 2021-10 (June 22, 2021). These Protocols reflect the court’s 

strong preference for in-person argument, based on the court’s experience of its 

distinctive value, and the court’s concern for the health and safety of the court and 

its staff, the bar, and the public. Because of the evolving public-health guidance 

concerning the COVID-19 pandemic, the court may modify these Protocols as needed. 

The current version and any updates will be posted online at

https://cafc.uscourts.gov/home/the-court/notices-announcements/covid-19-

information-page/. 

In General

• Only arguing counsel and no more than one attendee whose presence is

necessary to assist or supervise arguing counsel (e.g., a client, lawyer 

sitting second chair, or paralegal) are permitted access to the National 

Courts Building and the courtroom. All counsel are advised that the 

court will not entertain any motions to expand access to attend 

argument beyond arguing counsel and the one necessary attendee.

• Counsel and attendees may access only the main lobby, the public elevators, 

the courtroom designated for argument, and the lobby area and restrooms 

immediately outside of the designated courtroom. Following security 

screening in the main lobby, counsel and attendees must report directly to 

the assigned courtroom (instead of the usual practice of checking in with 

the Clerk’s Office). Once arriving at the courtroom, counsel must check in 

with court staff. Counsel and associated attendee must sit together and

only in the areas of the courtroom designated by court staff.
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• Regardless of vaccination status, all counsel and attendees must wear 

masks and observe physical distancing while on the premises. Counsel 

and attendees must use only N-95, KN-95, or KF-94 masks within 

the National Courts Building.

• Regardless of vaccination status, no counsel or attendee may enter the 

National Courts Building if they:

o Tested positive for COVID-19 within the previous 14 days, 

o Are currently awaiting the results of a COVID-19 test,

o Have been directed to either isolate or self-quarantine by any 

physician, hospital, or health agency, 

o Have had symptoms consistent with COVID-19 within the previous 14 

days, such as a temperature in excess of 100.4 degrees Fahrenheit,

chills, cough, shortness of breath or difficulty breathing, unusual 

fatigue, muscle or body aches, headache, new loss of taste or smell, sore 

throat, congestion, nausea or vomiting, or diarrhea, 

o Have traveled internationally within the previous 7 days, or

o Within the previous 14 days, have had known close contact (as defined 

by guidance provided by the CDC) with a person who has been 

diagnosed with COVID-19. 

• To enter the National Courts Building and the courtrooms, counsel 

and attendees will be required to present documentation of one of 

the following in either paper or digital format:

o A negative polymerase chain reaction [PCR] COVID-19 test

result administered within the prior 72 hours of oral 

argument. The PCR test must have been administered after 

completion of any commercial travel to the Washington, D.C 

area for argument.

o A negative rapid antigen test result administered within the 

prior 24 hours of oral argument and supervised in real-time 

by a telehealth service affiliated with the manufacturer of the 

test. The test must have been administered after completion 

of any commercial travel to the Washington, D.C. area for 

argument.
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o A positive test result from one of the above forms of testing 

from a sample taken during the past 90 days along with a 

signed letter from a licensed healthcare provided or a public 

health official that states you have been cleared for travel 

according to the CDC’s current international travel 

guidance.

• Arguing counsel must certify in advance of the sitting that they have read, 

understand, and will comply with these Protocols and that they are 

responsible for ensuring that an attendee has read and will comply with the 

Protocols while in the National Courts Building. Counsel’s certification 

must be made on the form prescribed by the court (Form 33A Certification

of Compliance with Revised Protocols for In-Person Argument) and filed 

electronically along with the Response to Notice of Argument or as 

otherwise directed by the Clerk’s Office. 

Motions for Leave to Appear Remotely

• All oral arguments will be scheduled by the court to be in person. However, 

the court recognizes that some remote appearances may be warranted 

because of COVID-19-related medical risk to certain arguing counsel or 

members of arguing counsel’s household. 

• Within 14 days of the notice of calendaring, arguing counsel may file a 

motion for leave to present oral argument remotely. Arguing counsel must 

show good cause related to a COVID-19 associated medical risk to arguing 

counsel or a member of arguing counsel’s household to appear remotely. 

The motion shall include a declaration under penalty of perjury addressing 

the two issues central to a good cause showing. Specifically, the declaration 

must (1) identify with specificity the medical risks underlying the request

and (2) state the precautionary steps that arguing counsel has been taking

to avoid potential exposure to COVID-19 because of the identified medical 

risk, such as generally avoiding personal and business travel.

• If counsel’s motion requires the disclosure of personal medical information, 

counsel is authorized, without the need for additional leave of court, to file 

under seal a separate confidential and nonconfidential version of the motion 

and accompanying declaration pursuant to Federal Circuit Rule 25.1. 
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• The permitting of one arguing counsel in a case to appear remotely because 

of COVID-19-related medical reasons does not excuse other arguing counsel 

in the case from having to appear in person.

Intervening Events that Prevent In-Person Appearance

• The court understands that certain intervening events may prevent 

arguing counsel from being able to comply with these Protocols on the day 

of argument for COVID-19-related reasons. 

• Counsel experiencing any COVID-19-related symptoms or who are required 

to quarantine should advise the Clerk’s Office as soon as possible by calling 

202-275-8035 (or 202-275-8049 for notification outside of normal operating 

hours). Counsel must also promptly file a motion seeking leave to appear 

remotely at argument. If counsel’s motion requires the disclosure of 

personal medical information, counsel is authorized, without the need for 

additional leave of court, to file a separate confidential and nonconfidential 

version of the motion pursuant to Federal Circuit Rule 25.1. 

• Out of respect for the time and resources expended by the court and the 

parties in preparation for oral argument, every attempt will be made to go 

forward with the argument as scheduled. 

• The court will not adjust argument solely because a counsel attendee is

unable to enter the National Courts Building.

Notification of Potential Exposure

• Counsel must notify the Clerk’s Office by calling 202-275-8035 (or 202-275-

8049 for notification outside of normal operating hours) if counsel or 

counsel’s attendee has exhibited symptoms or tested positive for COVID-19 

within five days after being in the National Courts Building.