U.S. COURT OF APPEALS FOR THE FEDERAL CIRCUIT Guide for Unrepresented Parties

CLERK’S OFFICE

October 2020 Page i

Table of Contents

I. GENERAL INFORMATION ..................................................................................I-1

II. OVERVIEW OF A CASE IN THE FEDERAL CIRCUIT............................................II-1

III. PREPARING YOUR CASE BEFORE FILING........................................................III-1

IV. FILING YOUR APPEAL ..................................................................................... IV-1

V. AFTER YOU FILE................................................................................................ V-1

VI. FILING YOUR BRIEF ......................................................................................... VI-1

VII. FILING A MOTION ......................................................................................... VII-5

VIII. DECISION IN YOUR APPEAL......................................................................... VIII-1

IX. CALCULATING FILING DEADLINES................................................................. IX-1

X. NON-COMPLIANCE ........................................................................................ X-1

XI. CONFIDENTIAL MATERIAL .............................................................................. XI-1

XII. ORAL ARGUMENT.......................................................................................... XII-2

XIII. GLOSSARY OF TERMS................................................................................... XIII-3

XIV. FREQUENTLY ASKED QUESTIONS..................................................................XIV-1

XV. REVISION CONTROL......................................................................................XV-1
U.S. COURT OF APPEALS FOR THE FEDERAL CIRCUIT Guide for Unrepresented Parties

CLERK’S OFFICE

October 2020 Page I-1

I. General Information

A. Contacting the Court

The Clerk’s Office handles all communications and documents from parties, as 

parties may not directly contact judges or chambers staff. 

Mailing Address: Clerk of Court

U.S. Court of Appeals for the Federal Circuit

717 Madison Place, N.W.

Washington, DC 20439

Telephone: (202) 275-8000

The Clerk’s Office is in Room 401 of the National Courts Building and is open from 

8:30 a.m. to 4:30 p.m. (Eastern Time) on weekdays (excluding federal holidays). 

Papers may be deposited until midnight on weekdays in the night box at the 

garage entrance on H Street N.W., between 15th Street and Madison Place.

B. Practice Tips

• Once an appeal has been assigned a Federal Circuit case number, 

(example: 16-0000) include this number on all correspondence and filings 

you send to this court and to an opposing counsel/party.

• Keep a copy of all documents you send to this court.

• Your documents can be typed or written, but they must be legible. If the 

Clerk cannot read the documents you send, they may not be processed.

• If your mailing address changes, promptly inform the Clerk’s Office by

filing a notice in your case. If you do not, you could miss important notices 

and papers providing deadlines or decisions in your case. Missing a filing 

deadline may cause your case to be dismissed.

C. Electronic Case Filing

As an unrepresented (pro se) party, you must choose whether to file all 

documents in your case either (1) in paper or (2) electronically through the

Federal Circuit’s Case Management/Electronic Case Filing (CM/ECF) system. 

Choosing to file electronically requires you to register for a Non-Attorney 

Electronic Filing Account through the PACER Service Center. You must apprise 

the court of your choice of your filing method by submitting a completed Notice 

of Unrepresented Person Appearance (Form 8B) within 14 days after your case is 

docketed, and you may not switch between filing electronically and filing in 

paper once you have selected. FCR 25(a)(1)(B). Please consult the court’s 
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Electronic Filing Procedures for information on how to register for a Non-Attorney 

Electronic Filing Account.

Unrepresented parties are not permitted to file new notices of appeal, petitions 

for review, or other case-initiating documents through the court’s electronic filing 

system at this time. A new case-initiating filing may be submitted to the court in 

paper or as an attachment to an email sent to prose@cafc.uscourts.gov. Only 

case-initiating documents will be accepted by email at this address; all other 

documents or messages, including case documents submitted to any other 

court email address, will neither be accepted, processed, nor receive a 

response, consistent with Fed. Cir. R. 25(a)(1). 

For additional information, consult the full Guide for Unrepresented Petitioners and 

Appellants online at http://www.cafc.uscourts.gov/pro-se.
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II. Overview of A Case in the Federal Circuit 

A. Case Number

A case number is assigned when the notice of appeal, petition for review, or 

original proceeding is received in the Clerk’s Office and is deemed compliant 

with the rules of the court. When the case is docketed, you will receive:

• Notice of Docketing with assigned case number and a listing of important 

information

• Caption Sheet

• Notice of Unrepresented Person Appearance Form

• Motion and Affidavit for Leave to Proceed In Forma Pauperis Form, only 

for an appellant/petitioner who has not paid the filing fee

• Informal Brief Form

• Informal Reply Brief Form, if you are an appellant/petitioner

• Statement Concerning Discrimination Form, only for a petitioner in a case 

from a decision by the Merit Systems Protection Board (MSPB) or an 

arbitrator

• General Information and Overview of a Case in the Federal Circuit 

Handout

B. Change of Address

It is your responsibility to immediately advise the Clerk’s Office of any change in 

your address, permanent or temporary. You must file an amended Notice of 

Unrepresented Person Appearance (Form 8B) should your contact information 

change.

C. Filing Fee

1. Paying the Fee

When you file a petition for review or notice of appeal from a decision of a 

board, a commission, an agency, the Patent and Trademark Office, or a

vaccine case from the U.S. Court of Federal Claims, the $500 docketing fee 

must be made directly to the Federal Circuit. You must pay this fee 

electronically if you have registered for a Federal Circuit Non-Attorney 

Electronic Filing Account and filed a completed Notice of Unrepresented 

Person Appearance (Form 8B).
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In appeals from a District Court, the U.S. Court of International Trade, or the 

U.S. Court of Federal Claims, you must pay a docketing fee of $505 ($500 

docketing fee and a filing fee of $5) made directly with those courts and 

payable to the clerk of that court. The U.S. Court of Appeals for Veterans 

Claims docketing fee is $500 and made directly with that court. 

The Federal Circuit Clerk’s Office cannot refund a fee once it is deposited.

2. Fee Waiver

You may ask that the fee be waived (proceeding in forma pauperis). The 

motion form to proceed in forma pauperis is included with your case opening 

materials if you did not already pay the fee. Further discussion on how to file 

an in forma pauperis motion is included in this guide. If your motion to 

proceed in forma pauperis is denied, and you do not pay the fee, your case 

will be dismissed for lack of prosecution.

If you are a respondent or appellee (i.e., you are responding to the party that

filed the petition for review or appeal), you are not required to pay any filing 

fee.

D. Briefing

Unrepresented parties may choose to file an informal brief or a formal brief, not 

both.

1. Informal Brief

If you are the petitioner or appellant in a petition for review or appeal from 

an agency, board, or commission, you must file an informal brief within 21 

days after the certified list or index is served. If you are the appellant in an 

appeal from a court, you must file an informal brief within 21 days after the 

appeal is docketed. You may attach your decision and referenced record 

materials to your informal brief as an informal appendix or wait to file an 

appendix until after you submit your reply brief. The other party may file 

either an informal response brief within 21 days or a formal response brief 

within 40 days after service of your informal brief or the certified list, whichever 

is later. You may choose to file an informal reply brief within 14 days after 

service of the other party’s brief.

If you are a respondent or appellee, you must file an informal response brief 

within 21 days after service of the appellant or petitioner’s opening brief, and 

you may not file any further briefs.
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2. Formal Brief

If you elect to file a formal brief, the brief and appendix must comply with the 

strict requirements of the Federal Rules of Appellate Procedure (FRAP) and 

the Federal Circuit Rules (FCR) or the brief and appendix will not be 

accepted.

If you are the petitioner or appellant in an appeal from an agency, board, or 

commission, a formal brief is due 60 days after the certified list is served. If you 

are the appellant in an appeal from a court, the formal brief is due 60 days

after the case is docketed. The other party must file a formal response brief 

within 40 days after service of your formal brief. You may choose to file a

formal reply brief within 21 days after service of the other party’s brief.

If you are a respondent or appellee, you must file a formal response brief 

within 40 days after service of the appellant or petitioner’s opening brief, and 

you may not file any further briefs.

E. Completion of Briefing

The case will be submitted to a panel of three judges after all the briefs and an 

appendix are filed. You will receive a notice from the Clerk’s Office regarding 

the placement of the case on a calendar. 

F. Court’s Decision

You will receive notice from the Clerk’s Office along with a copy of the court’s 

decision when the judges have decided your case.

G. Additional Resources

1. Federal Circuit Rules and Procedures 

• Federal Rules of Appellate Procedure and Federal Circuit Rules

http://www.cafc.uscourts.gov/rules-of-practice/rules

• Federal Circuit Internal Operating Procedures

http://www.cafc.uscourts.gov/rules-of-practice/internal-operatingprocedures

2. Forms

• Federal Circuit Forms

http://www.cafc.uscourts.gov/rules-of-practice/forms

3. Additional Resources

• Guide for Pro Se Petitioners and Appellants

http://www.cafc.uscourts.gov/pro-se
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• Public Access to Court Electronic Records (PACER)

http://www.pacer.gov/reg pacer.html 

• Federal Deposit Library

https://www.fdlp.gov/about-the-fdlp/federal-depository-libraries

• Federal Circuit Electronic Filing Procedures and Filing Resources

http://www.cafc.uscourts.gov/contact/clerks-office/filing-resources

• Federal Circuit Opinions

http://www.cafc.uscourts.gov/opinions-orders/search/report.html

• Federal Circuit Argument Calendar

http://www.cafc.uscourts.gov/argument/upcoming-oral-arguments 

• Federal Holidays

https://www.opm.gov/policy-data-oversight/snow-dismissalprocedures/federal-holidays/
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III. Preparing Your Case Before Filing

A. Resources Available to You

Parties should review this guide, the Federal Rules of Appellate Procedure (FRAP), 

and the Federal Circuit Rules (FCR) before filing an appeal. An electronic version 

of the Rules of Practice is available on the court’s website at 

http://www.cafc.uscourts.gov/rules-of-practice. The Rules of Practice include 

Practice Notes following the various rules. The Practice Notes discuss matters 

that are often asked of Clerk’s Office staff. You may rely on the Practice Notes 

to assist in applying the rules to your case, but you may not use the Practice 

Notes to avoid following mandatory statutes or rules.

The statutes governing this court’s jurisdiction and related matters in the United 

States Code, the United States Code Annotated, or the United States Code 

Service, and the decisions of this court in the Federal Reporter, Second and Third 

Series (F.2d, F.3d), are available in many public libraries and online. 

Additionally, once you have filed a case with this court, you may use the Federal 

Circuit’s library for case-related research while your case is pending.

B. Clerk’s Office Assistance

If you have read this guide but still have procedural questions, you may call the 

Clerk’s Office at (202) 275-8000. Public access and telephone hours for the 

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

(except for federal holidays). Collect calls are not accepted. 

Please note that Clerk’s Office staff cannot provide legal advice, including 

interpreting the Federal Rules of Appellate Procedure, the Federal Circuit Rules, 

statutes, or case law; advising how to litigate your case; or analyzing the court’s 

decision in your case. If you require legal advice, contact an attorney for a 

consultation.

Except as explained above, parties may not directly contact the Clerk of Court, 

judges, law clerks, or other court staff.

C. Representing Yourself

An individual may be represented by an attorney before the Federal Circuit, or

you may represent yourself. Representing yourself in a case is called appearing 

pro se, meaning “on one’s own behalf.” This guide is provided to assist 

unrepresented parties appearing without an attorney in this court.
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A corporation, partnership, organization, or other legal entity generally may not 

appear without an attorney. A union, veterans’ organization, or other nonlawyer 

representative may not represent you in this court even if such an entity 

represented you before the Merit Systems Protection Board (MSPB), an arbitrator, 

the Court of Appeals for Veterans Claims, or other tribunal. 

Other representatives, such as relatives or friends, may not represent you in this 

court unless they are also attorneys and admitted to practice in this court. An 

executor or administrator of the estate of an appellant or petitioner must also 

generally be represented by counsel. FCR 47.3(a).

If you have an attorney representing you in this court, only your attorney may file 

papers and contact the court about your case. You may appear pro se while 

looking for an attorney, but your case will no longer be considered pro se once 

counsel appears on your behalf.

D. Are You in the Correct Court? 

There are three main appellate courts in the District of Columbia: The District of 

Columbia Court of Appeals, the United States Court of Appeals for the District of 

Columbia Circuit, and the United States Court of Appeals for the Federal Circuit. 

Two of them are federal circuit courts, and the other is a local District of 

Columbia court. Appeals from the Superior Court of the District of Columbia are 

made to the District of Columbia Court of Appeals. 

As a general rule, appeals from the United States District Court for the District of 

Columbia are made to the United States Court of Appeals for the District of 

Columbia Circuit. This guide is for filing an appeal only with the United States 

Court of Appeals for the Federal Circuit. Please review this guide first in order to 

determine whether this is the correct court to file your appeal.

This court does not hear appeals from other United States Courts of Appeals. Any 

such review should be directed to the Supreme Court of the United States.

1. Jurisdiction

The United States Court of Appeals for the Federal Circuit, located in 

Washington, D. C., has exclusive nationwide jurisdiction over a variety of 

subject areas, such as appeals in all patent cases, all government contract 

cases, all international trade cases, government personnel cases (excluding 

employment discrimination claims), all cases involving monetary claims

against the United States under the Tucker Acts, veterans’ benefits cases, and 

others.

The Federal Circuit does not have jurisdiction over any criminal, bankruptcy, 

immigration, or state matters. The Federal Circuit also cannot hear appeals 
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from decisions of other U.S. Courts of Appeals. If you would like to pursue a 

discrimination claim from the MSPB, you should review your final decision from 

the MSPB which will indicate whether your case can be appealed in a district 

court or with the Equal Employment Opportunity Commission.

If you are appealing an MSPB opinion, you must complete Form 10, 

Statement Concerning Discrimination, within 14 days of docketing and file it 

with this court. This document is necessary to determine jurisdiction. FCR 

15(c).

2. Scope of Appellate Review

As an appellate court, the Federal Circuit reviews final decisions made by a 

board, commission, agency, or court. Your appeal in this court generally 

cannot raise new matters, new evidence, or new facts not first presented to 

the originating forum. The court reviews the lower court or agency’s record 

as well as the briefs of the parties.

If you are appealing from the U.S. Court of Appeals for Veterans Claims, 

please refer to 38 U.S.C. § 7292 for other limitations on the scope of appellate 

review.

E. Where Should I Send Documents?

You can send documents to the court through the U.S. Postal Service or by 

private shipping service. Note that postal mail to the court may experience

occasional delays due to security screening or other issues. If a notice of 

appeal, petition for review, motion, or other document must be received by the 

court on a particular date, then parties might consider using an alternative 

method of delivering the document to the court, such as a commercial carrier or 

hand-delivery to ensure delivery by the specific date. The court cannot waive or 

excuse 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. FRAP 26(b).

Please address all mail to:

Clerk of Court

National Courts Building

U.S. Court of Appeals for the Federal Circuit

717 Madison Place, N.W.

Washington, DC 20439
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Email and fax filing are not permitted without leave of the court; however, a

petition for review or notice of appeal submitted by an unrepresented party may

be filed with the Clerk’s Office via email. The notice or petition must be 

attached as a PDF to the email and sent to prose@cafc.uscourts.gov. All other 

documents or messages, including case documents submitted to any other 

court email address, will neither be accepted, processed, nor receive a 

response, consistent with Fed. Cir. R. 25(a)(1). The Clerk’s Office must receive all 

petitions for review and notices of appeal by the due date, whether by email or 

in paper.

F. Your Contact Information

A notice of unrepresented person appearance form (Form 8B) is used to make 

sure your current contact information is on file. The appearance form must 

include your name, address, email address, and telephone number. A 

completed notice of unrepresented person appearance must be filed within 14 

days after the case is docketed, and Form 8B will be included in the docketing 

packet provided by the Clerk’s Office. The form is also available on the court’s 

website.

You must file an amended Form 8B if you change your contact information, 

including either a permanent or temporary change in address, while your case is 

pending. The court will only mail documents to the one official address on file 

with the Clerk’s Office. Failure to update your contact information may result in 

missed notifications or deadlines.
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IV. Filing Your Appeal

You must file your petition for review or notice of appeal within the time allowed 

by the statute that authorizes the appeal. Your petition or notice is not 

considered filed at the time it is postmarked; it must be physically received by

the court or agency for filing within the time allowed by statute. You may file a 

petition for review or notice of appeal directed to this court by mail, or email to 

prose@cafc.uscourts.gov. For a notice of appeal or petition for review filed with 

another court or agency, you must proceed as required by the procedures of 

that court or agency.

If you must file your notice with another court or agency, there will be a delay 

between the time of filing and the date of docketing at the Federal Circuit. You 

will receive notification and further instructions when your case has been 

docketed with the Federal Circuit. If you have questions about how to file your 

appeal, contact the court or agency from which you are attempting to appeal. 

Please ensure your contact information provided on your notice of appeal or 

petition for review is accurate to avoid delays or missed information.

Frivolous Petitions or Appeals. If you file and proceed with a frivolous appeal or 

petition for review, you may be subject to the imposition of sanctions. FRAP 38 

and FCR 38 Practice Note.

A. Appealing from a Federal Court

1. Time to Appeal

Court Statute Time

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

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

15 U.S.C. § 3416(c) 30 days

U.S. Court of 

International Trade

28 U.S.C. § 2645(c) 60 days

U.S. Court of Federal 

Claims

28 U.S.C. § 2522 

(appeals)

60 days

42 U.S.C. § 300aa-12(f) 

(vaccine 

compensation 

petitions)

60 days

U.S. Court of Appeals 

for Veterans Claims

38 U.S.C. § 7292 60 days
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2. Filing Fee

• U.S. Court of Federal Claims Vaccine compensation cases: $500 (paid to 

the Federal Circuit)

• U.S. Court of Appeals for Veterans Claims cases: $500 (paid to the U.S. 

Court of Appeals for Veterans Claims)

• All other cases: $505 (paid to the originating court)

3. Where to File the Appeal

• Vaccine compensation cases: U.S. Court of Appeals for the Federal 

Circuit

• All other cases: Court entering judgment to be appealed

B. Appealing from the Patent and Trademark Office

1. Time to Appeal

Agency Statute Time

Patent Trial and 

Appeal Board; 

Trademark Trial and 

Appeal Board; Director 

of Patent and 

Trademarks

35 U.S.C. § 142;

15 U.S.C. § 1071;

37 C.F.R. § 90.3(a)(1), 2.145

63 days or 2 months

2. Filing Fee

$500 (paid to the Federal Circuit)

3. Where to File the Appeal

A notice of appeal from a Patent Trial and Appeal Board or Trademark Trial 

and Appeal Board decision must be filed with the Patent and Trademark 

Office on or before the statutory deadline.

By Mail In Person

Office of the Solicitor

U.S. Patent and Trademark Office

Mail Stop 8

Post Office Box 1450

Alexandria, Virginia 22313-1450

Office of the General Counsel

U.S. Patent and Trademark Office

Madison East 10B20

600 Dulany Street

Alexandria, Virginia 22314

Weekdays, 8:30 a.m. to 5:00 p.m.
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A copy of the notice of appeal must also be sent to the Federal Circuit. You 

are encouraged to attach a copy of the decision to the notice of appeal.

C. Petitioning from the Merit Systems Protection Board or an 

Arbitrator

1. Time to Petition for Review

Agency Statute Time

Merit Systems 

Protection Board

5 U.S.C. § 7703 60 days

Arbitrator 5 U.S.C. §§ 7121, 7703 60 days

2. Filing Fee

$500 (paid to the Federal Circuit)

3. Where to File the Petition for Review

U.S. Court of Appeals for the Federal Circuit

4. Other Information

You may seek review of an MSPB decision in one of two ways: (1) after the 

administrative judge issues an initial decision or (2) after the Board issues a 

decision on a petition for review of the administrative judge’s initial decision.

If you choose to petition this court for review at the time of the initial decision, 

you may not petition the Board for review of the administrative judge’s 

decision, and you may not file a petition for review in both this court and 

before the Board at the same time. If you file in both places simultaneously, 

your petition here may be dismissed as premature.

You may petition for review from an arbitrator’s final decision. The petition for 

review must include the name, current address, email, and telephone 

number for the arbitrator.

In MSPB or arbitrator cases involving allegations of discrimination, you may 

seek review of the final Board decision by the Equal Employment Opportunity 

Commission, or you may file a civil action in an appropriate U.S. District Court 

within 30 days of your receipt of the decision. Cases involving allegations of 

discrimination may not be appealed directly to the Federal Circuit from the 

MSPB or arbitrator, absent waiver of review of those issues.

Your employing agency, the Office of Personnel Management, or the Board 

itself will be the respondent in your petition for review. In your petition for 

review, you should name the agency captioned in the Board’s order as the
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respondent. If the Board should be the respondent rather than the agency, 

you will be notified by the Clerk’s Office.

D. Appealing from Other Agencies

1. Time to Appeal or Petition for Review

Agency Statute Time

Board of Contract 

Appeals

41 U.S.C. § 7107 120 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

Office of Compliance 2 U.S.C. § 1407(c)(3) 90 days

Secretary of 

Agriculture

7 U.S.C. § 2461 60 days

Secretary of Labor; 

Federal Labor 

Relations Authority; 

Occupational Safety 

and Health Review 

Commission; certain 

Merit Systems 

Protection Board cases 

and Equal 

Employment 

Opportunity 

Commission cases*

28 U.S.C. § 1296 30 days

Secretary of Veterans 

Affairs – Rulemaking 

Review

38 U.S.C. § 502

Fed. Cir. R. 15(f)

60 days

* EEOC orders reviewable in this court pertain only to certain presidential appointees. 

2. Filing Fee

$500 (paid to the Federal Circuit)

3. Where to File the Notice of Appeal or Petition for Review

U.S. Court of Appeals for the Federal Circuit
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E. What to File

A notice of appeal or a petition for review must first be submitted in order to 

begin the appeal process in this court. 

1. Appeals Filed Elsewhere

If you are filing your notice of appeal or petition for review in a different court 

or agency, please refer to that court or agency for forms and instructions for 

filing. 

Notice of appeal forms are available at http://www.cafc.uscourts.gov/rulesof-practice/forms. 

• From a U.S. District Court (Form 1)

• From the U.S. Court of Federal Claims (Form 2)

• From the U.S. Court of International Trade (Form 3)

• From the U.S. Court of Appeals for Veterans Claims (Form 4)

• From the U.S. Patent and Trademark Office, Merit Systems Protection 

Board, or other Agency, Board, Commission, or Office (Form 5)

2. Appeals Filed at the Federal Circuit

If you are filing your appeal in the Federal Circuit, you can use the Petition for 

Review or Appeal of an Order or Decision of an Agency, Board, Commission, 

or Office (Form 5). The court does not require the use of a form when filing a 

petition or notice of appeal, but it is highly recommended for ease of 

processing. 

Mail the following documents to the Clerk of Court:

• Petition for Review or Appeal of an Order or Decision of an Agency, 

Board, Commission, or Office (Form 5) and

• Filing Fee: $500 (check or money order payable to the “Clerk of Court, U.S. 

Court of Appeals for the Federal Circuit”) or

• Fee Waiver: Motion and Declaration for Leave to Proceed In Forma 

Pauperis (Form 6) or, if applicable, the Uniformed Services Employment 

and Reemployment Rights Act (USERRA) Notice (Form 6B).

Should you choose to file your notice of appeal or petition for review via 

email to prose@cafc.uscourts.gov, the court must receive fee payment or a 

fee waiver via mail within 14 days after the appeal or petition is docketed. 

Alternatively, if you decide to register for electronic filing and are approved 

to proceed prior to submitting fee payment, you will be required to pay the 
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fee through the court’s electronic filing system. Please refer to the court’s 

Electronic Filing Procedures for further details.

F. When to File

Your notice of appeal or petition for review must arrive at its destination prior to,

or on, the date of the deadline. 

The Federal Circuit cannot extend deadlines for filing a notice of appeal or 

petition for review. A request to extend time to file a notice of appeal from the 

judgment of a district court, the Court of International Trade, U.S. Court of 

Federal Claims, or the Patent and Trademark Office must be filed with those 

tribunals.

If a notice of appeal or petition for review filed with the Clerk’s Office shows on 

its face that it is not timely filed within the time allowed by statute, the Clerk’s 

Office may reject the notice of appeal or petition. FCR 4(b) and 15(b)(2).

G.Paying Fees

1. Fee Amounts

You are required to pay a docketing fee of $500 when you petition for review 

of, or appeal, a decision from the U.S. Court of Appeals for Veterans Claims, 

a vaccine claim decision from the U.S. Court of Federal Claims, or a decision 

from an agency, board, or commission. All docketing fees must be paid to 

the clerk of this court, except for appeals from the U.S. Court of Appeals for 

Veterans Claims which should be paid to the clerk of that court.

If you appeal a judgment of a court, you must pay a docketing fee of $505 

($500 appeal fee and a filing fee of $5), to the clerk of that court when you 

file a notice of appeal in that court.

2. How to Pay

If your docketing fee must be paid to the Federal Circuit, you have the 

following payment options:

• Pay via check or money order payable to the “Clerk of Court, U.S. 

Court of Appeals for the Federal Circuit,”

• Pay in-person by credit or debit card, or

• If you are registered for electronic filing with the Federal Circuit and 

have filed a completed Notice of Unrepresented Person Appearance 

in your case, you may pay the docketing fee through the court’s 

electronic filing system. Please refer to the court’s Electronic Filing 

Procedures for further details.
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The court does not accept payment by credit or debit card over the phone.

3. Failure to Pay the Filing Fee

It is your obligation to ensure payment is sent to the proper court or agency. 

Failure to pay your fee within 14 days after your case has been docketed will 

result in dismissal of your appeal unless you have filed a motion to proceed in 

forma pauperis, or the fee is otherwise waived. FCR 52(d).

4. Fee Refund

Please note that payment of the docketing fee is non-refundable once the

case has been filed. See the Practice Notes to Rule 52. However, please 

contact the Clerk’s Office if you were charged the incorrect fee amount or if 

you submitted duplicate payment.

5. Fee Waiver

You may have your fees waived by applying to proceed in forma pauperis. If 

you were granted the right to proceed in forma pauperis in the District Court, 

Court of International Trade, or U.S. Court of Federal Claims, or if you 

submitted a Declaration of Financial Hardship at the U.S. Court of Appeals for 

Veterans Claims, you are generally able to proceed in forma pauperis before 

this court unless your right has been revoked (for example, because you are 

currently incarcerated). 

Otherwise, if you are unable to pay your filing fee but were not in forma 

pauperis in one of the above courts, you may request permission to proceed 

in forma pauperis in the Federal Circuit. If your request is granted, you will not 

have to pay the filing fee, but you will have to pay all other costs incurred 

during your appeal (for things like postage and copies).

To request permission to proceed in forma pauperis, you must complete and 

file Form 6 (Motion and Declaration to Proceed In Forma Pauperis) within 14 

days of your case being docketed. If the Clerk’s Office does not receive a 

completed motion, the docketing fee, or a completed Form 6B within 14 

days of the date of docketing of the appeal or petition, the Clerk of Court is 

authorized to dismiss the appeal or petition, except as provided in FRAP 

24(a). FCR 52(d).

6. Fee Waiver – USERRA Claims

If you are requesting review of a Merit Systems Protection Board decision that 

involves a claim under the Uniformed Services Employment and 

Reemployment Rights Act of 1994 (USERRA), 38 U.S.C. § 4323 or § 4324, then 

you are not required to pay the docketing fee or costs. To advise this court 
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that your case is covered by 38 U.S.C. § 4323 or § 4324, complete Form 6B

(USERRA Notification Form) and return it to the Clerk’s Office within 14 days

after the date your case is docketed.

7. Appealing from Prison, In Forma Pauperis Status

Under the Prison Litigation Reform Act (PLRA) of 1995, a prisoner granted in 

forma pauperis status before the district court is not entitled to in forma 

pauperis status on appeal. See 28 U.S.C. § 1915. 

Once you have filed your notice of appeal, the Clerk’s Office will send you 

two forms: Form 6 and Form 6A. Form 6 is a request to proceed in forma 

pauperis. Form 6A is a supplemental affidavit form that authorizes the 

correctional facility to provide a certified copy of your prison account 

statement to this court. You must complete and file the supplemental form, 

and the Clerk’s Office will send a copy to the institution in which you are 

incarcerated. 

The form authorizes the institution to (1) furnish to this court a certified copy of 

your prison account statement and (2) calculate and disburse funds from the 

prison account, including the initial partial filing fee payment and subsequent 

monthly payments. Your institution will forward the certified statement, the 

initial payment, and the subsequent payments to this court. If you file the 

proper form, the failure of the institution to send the statement or to remit the 

payments will not adversely affect your appeal.

If you fail to complete and submit both forms (6 and 6A) within 14 days of the 

date of docketing, your appeal may be dismissed. FCR 52(d).
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V. After You File

A. Initial Review

After the Clerk’s Office receives a notice of appeal or petition for review, a case 

number and case manager will be assigned to the case. 

When the case is docketed, you will receive the following by mail:

• Notice of Docketing with assigned case number and a listing of important 

information

• Caption Sheet

• Notice of Unrepresented Person Appearance Form

• Motion and Affidavit for Leave to Proceed In Forma Pauperis Form, if you 

are an appellant/petitioner and have not paid the filing fee

• Informal Brief Form

• Informal Reply Brief Form, if you are an appellant/petitioner

• Statement Concerning Discrimination Form, if you are the petitioner in a 

case from a decision by the MSPB or an arbitrator

• General Information and Overview of a Case in the Federal Circuit 

Handout

B. Filing Documents with the Court

Documents filed in cases are matters of public record and are accessible to the 

public. When filing documents with this court, you must redact personal 

information (e.g., social security number or taxpayer-identification numbers; 

dates of birth; names of minor children; financial account numbers; and medical 

records). FRAP 25(a)(5) and FCR 25.1(b). If you do not redact personal 

information from your filings, the Clerk’s Office will not do it for you.

1. Document Requirements

The title of your document, your case name, and your case number must 

appear on the first page of every document you file. The case number is 

made up of two parts (e.g., 16-0000). The first two digits are the fiscal year 

and the last four digits represent the specific number assigned by this court. 

Remember to include the correct case number for proper handling by the 

Clerk’s Office. All documents you submit must be signed by you.
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2. Service Requirements

Non-electronic filers must send a copy of each filing to all other parties in the

case (in other words, “serve” the other parties) and attach a certificate of 

service with every document. Service on a party is made on that party’s 

attorney(s). In cases against the government, the case will be opened with a 

generic agency service address. This address will be replaced once 

government counsel files an entry of appearance. 

Each certificate of service must include the names and addresses of each 

person served and the date of service. Additionally, the certificate of service 

must state whether a copy has been served on all parties by mail, hand 

delivery, email, or fax transmission. Please attach the certificate of service as 

the last page of your document. Below is an example of a certificate of 

service:

CERTIFICATE OF SERVICE

I certify that I mailed my informal brief on January 1, 2000, to:

John Doe, Esq.

111 Main Street, Suite 900

Washington, DC 20001

A certificate of service form (Form 30) is available on the court’s website.

Electronic filers are only required to attach a certificate of service to any filing 

that cannot be served through the court’s electronic filing system. This 

includes confidential material, and filings in cases involving other 

unrepresented parties who have not registered to electronic filing or to 

receive electronic service. FCR 25(e). Otherwise, filings through the 

electronic filing system are automatically served on all individuals registered 

for electronic filing (including all counsel for represented parties) and are not 

required to include a certificate of service.

3. Emailing or Faxing Documents to the Court

Email or fax transmission of all case filings, with the exception of new notices 

of appeal and petitions for review filed directly with this court, is not 

permitted. The court will not review, accept, or respond to documents sent 

impermissibly by email or fax, and using an improper filing method may result 

in missed deadlines.
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C. Checking Your Case Status 

When the Clerk’s Office opens a case to which you are a party, you will receive 

a notice of docketing that identifies the date of docketing and the Federal 

Circuit case number. You will also receive copies of forms you may need. 

Whenever a document is filed in your case, you will receive a copy from the filing 

party. Whenever the court issues a document in your case, the Clerk’s Office will 

mail you a copy. On your Notice of Unrepresented Person Appearance, you 

can indicate whether you would like to receive such service via mail or if you 

intend to register to receive electronic service. If you register for electronic filing, 

you will automatically receive service at the email associated with your filing 

account.

To follow your case online or receive electronic service, you can register for a 

Public Access to Court Electronic Records (PACER) account with a valid credit 

card at https://www.pacer.gov/reg pacer.html. PACER is an electronic public 

access service that allows you to obtain case and docket information online 

from federal appellate, district, and bankruptcy courts, through the PACER Case 

Locator. PACER charges a $0.10 per page access fee unless your total charge is 

less than $30 at the end of each month, in which case the fee is waived. 

Additionally, you can obtain free access to case materials at any Federal 

Depository Library. You can locate your nearest Federal Depository Library at 

https://www.fdlp.gov/about-the-fdlp/federal-depository-libraries. 

Unrepresented parties may register for a Public Interested Person account to 

receive electronic notification of docket activity in your case. If you choose to 

register for electronic filing, you will automatically receive service of all case 

filings via email. Failure to monitor your email or maintain up-to-date contact 

information with PACER may result in missed notifications or deadlines. 

Additional information is available in our Electronic Filing Procedure (“CM/ECF 

User’s Guide”) and on the court’s website at 

http://www.cafc.uscourts.gov/sites/default/files/cmecf/ElectronicFilingProcedur

es.pdf. When you receive a Notice of Docket Activity (NDA) with a PDF 

attachment, PACER permits you to view the document once for free. You may 

be charged a fee by PACER for repeated attempts to view the document or if 

you attempt to view the document for the first time more than 15 days after the 

NDA was sent.

D. Withdrawing Your Appeal

If you wish to withdraw your petition for review or appeal, file a letter clearly 

identifying your case number and stating that you want to withdraw your

appeal. Withdrawing your appeal will result in its dismissal. FRAP 42.
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This court will ordinarily not assess damages, double costs, or attorney fees for 

filing a frivolous petition for review or appeal if it is voluntarily withdrawn within 14 

days after you receive the other party’s brief. See the Practice Notes to Rule 38.

Please note that no refund of your filing fee will be authorized if you withdraw 

your appeal. See the Practice Notes to Rule 52.

E. Service and Deadlines

Once the case is opened, filing deadlines in this court are calculated from the 

date of service and not the date you receive a document. Pay close attention 

to the proof of service of any filing you receive to which you may want to 

respond, such as a brief or a motion. While the Clerk’s Office will be unable to 

calculate your deadline for you, you are welcome to contact the Clerk’s Office 

to verify a date of service. If you are responding to an order or other document 

entered by the court, your deadline is calculated from the date that order or 

other document was issued, which will be identified on the document.

To account for delays receiving material through the mail, non-electronic filers

receive an automatic additional three days for any deadline calculated from 

date of service of any filing mailed to you. FRAP 26(c). Note that this does not 

apply to court orders or other documents entered by the court. FCR 26(a)(5).

F. Change of Address

You must file an amended Notice of Unrepresented Person Appearance (Form 

8B) with the court as soon as possible if you change your contact information

while your case is pending, including a permanent or temporary change in 

address. The court will only mail documents to the address provided to the court 

and associated with your case. If you are a registered electronic filer, you must 

also update your contact information with the PACER Service Center. Please 

refer to the court’s Electronic Filing Procedures for further details.
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VI. Filing Your Brief

You should make your arguments regarding the merits of the case in your 

opening brief if you are the petitioner or appellant, or in your response brief if you 

are an appellee or respondent. You will have the opportunity to file either an 

informal or a formal brief, but not both. All briefs must comply with the Federal 

Circuit Rules and the Federal Rules of Appellate Procedure (Rules 28, 30, 31, and 

32).

The court’s website includes sample formal brief covers. 

To set accurate deadlines, the Clerk’s Office asks that you file a notice as soon 

as possible advising whether you intend to file a formal or informal brief because 

the deadlines for each brief are different. FCR 31. In unrepresented cases, the 

Clerk’s Office presumes you will file an informal brief unless otherwise stated.

A. Informal Brief

1. When to File an Informal Brief

If you are the petitioner or appellant in a petition for review or appeal from

an agency, board, or commission, you must file an informal brief within 21 

days after the certified list or index is served. If you are the appellant in an 

appeal from a court, you must file an informal brief within 21 days after the 

appeal is docketed. The other party may file either an informal brief within 21 

days or a formal brief within 40 days after service of your informal brief. FCR 

31(e). If you file a brief before the certified list or index is served and filed, the 

other party’s time runs from service of the certified list or index. You may 

choose to file an informal reply brief within 14 days after service of the other 

party’s brief.

If you are a respondent or appellee, you must file an informal response brief 

within 21 days after service of the appellant or petitioner’s opening brief.

2. Informal Brief Requirements 

Non-electronic filers must submit three copies of your informal brief to this 

court. The court prefers that one copy be unbound but secured with a paper 

clip, binder clip, or other removable means. The other copies must be 

bound, though the court permits them to be secured by a single staple in the 

upper left-hand corner in lieu of any other binding if possible. You may elect 

to wait to send required paper copies beyond your original submission until 

after the court requests them. Refer to FCR 25(c)(3). Electronic filers must 

submit the brief through the court’s electronic filing system but will still be 
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expected to provide three bound paper copies after the court requests 

them.

As appellant or petitioner, you must file an informal opening brief using Forms 

11, 12, 13, 14, 15, or 16 (depending on the type of case). If you are the 

respondent or appellee, you may file an informal response brief using Form 

11A.

The informal brief form is the only permissible substitute for the formal brief 

required by the Rules. Each form contains instructions for preparing and filing 

an informal brief. Please remember to complete all sections of the form. 

An informal brief should be typewritten, but block printing or legible 

handwriting is permitted. The informal brief, together with any extra pages 

needed for answers that will not fit on the form, may not exceed 30 

typewritten, double-spaced pages with 1-inch margins, or their equivalent in 

content. Continuation pages must be single-sided and use 8.5” x 11” paper. 

Any typed pages must use a 14-point font size or larger.

Your informal brief and continuation pages must be filed using the 

appropriate form identified above and must include the following:

• Your case number and case name

• The title of the filing (Informal Opening Brief)

• Your answers to all form questions

• Your signature

• Certificate of service, if applicable

If you file the informal brief form and do not submit any extra pages needed 

for answers, the form will be considered your brief. Any documents submitted 

after the filing of your brief that you wish to have considered as your brief or 

with your brief must be submitted with a motion to replace your brief or a 

motion to supplement or correct the brief. The same applies if you choose to 

file an informal reply brief.

3. Appendix to an Informal Brief

If you are the appellant or petitioner, you are responsible for supplying the 

court with an appendix consisting of materials that are part of your case 

record and referenced in your briefing. This appendix must, at a minimum,

contain 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. 

Other materials that are part of the record may be included if you refer to 
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them in your brief. You may attach these materials to your opening brief or 

choose to file the appendix seven days after filing your reply brief (or at the 

time your reply brief would have been due, should you choose not to file 

one). You should file three copies of the informal appendix if it is not bound 

to your brief. FCR 30(h). See the Practice Notes to Rule 24 (Proceeding on 

Original Record). The Clerk of Court is authorized to dismiss the case if you fail 

to file an appendix. FCR 30(a)(5).

As an unrepresented appellee or respondent, you are not required to 

prepare or file a separate appendix if you file an informal response brief.

B. Formal Brief

1. When to File a Formal Brief

If you are the petitioner or appellant in a petition for review or appeal from 

an agency, board, or commission, you must file a formal brief within 60 days

after the certified list or index is served. If you are the appellant in an appeal 

from a court, you must file a formal brief within 60 days after the appeal is 

docketed. The other party must file a formal response brief within 40 days

after service of your formal brief or the certified list, whichever is later.

If you are a respondent or appellee, you must file a formal response brief 

within 40 days after service of the appellant or petitioner’s opening brief, and 

you may not file any further briefs.

2. Formal Brief Requirements

If you elect to file a formal brief, the brief and appendix must comply with the 

strict requirements of the FRAP and FCR, or the brief and appendix will not be 

accepted. 

Please refer to the following requirement guides at 

http://www.cafc.uscourts.gov/contact/clerks-office/filing-resources: 

• Quick Reference: Formal Brief Requirements

• Quick Reference: Appendix Requirements

Non-electronic filers must submit six copies of your opening formal brief to this 

court. The court prefers that one copy be unbound for ease of scanning by 

the Clerk’s Office. The other copies must be securely bound along the left 

margin and must lie flat when open, and the binding must not obscure any 

text. FRAP 32(a)(3); FCR 30(h). You may elect to wait to send required paper 

copies beyond your original submission until after the court requests them. 

Refer to FCR 25(c)(3). Electronic filers must submit the brief through the 
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court’s electronic filing system, but they will still be expected to provide six 

bound paper copies after the court requests them.

3. Appendix to a Formal Brief

If you are the appellant or petitioner and choose to brief your case formally, 

you must also file an appendix that complies with FRAP 30 and FCR 30. Nonelectronic filers must file six paper copies of the appendix with the court, and

one additional paper copy must be served on each of the other parties. 

Electronic filers must submit six paper copies after the court requests them. 

The Clerk of Court is authorized to dismiss your case if you fail to file an 

appendix. FCR 30(a)(8). 

A complete list of documents to include in your appendix can be found 

under FRAP 30 and FCR 30. You must make sure to include the entire docket 

sheet, certified list, or index from the proceedings below; the initial and final 

decision of the Merit Systems Protection Board; the final decision of another 

agency, board, or commission; the judgment and opinion of the trial court; or 

the rule or rules that are the subject of your petition for judicial review of the 

Veteran’s Affairs rulemaking. If your case involves a patent, you must also 

include a copy of the patent in its entirety. You may include other record 

material in your appendix to the extent you refer to that material in your brief. 

Inclusion of material that is not required by the rules or referenced in the 

briefing is prohibited.

If you need access to the original record of the agency, board, commission, 

or court proceedings, you must contact that agency, board, commission, or 

court because the original record is not forwarded to this court. FCR 11(a) 

and 17(a).

If you are a respondent or appellee filing a formal brief in a case where the 

appellant or petitioner is represented by counsel, you should consult with that 

counsel to assist in preparing the appendix. See FCR 30(b). If you are a 

respondent or appellee in a case where the appellant or petitioner is 

unrepresented, you are authorized to file your own separate or supplemental 

appendix if the appellant or petitioner fails to file a compliant appendix. See

FCR 30(e).

C. Dismissal for Default

If you fail to file a brief or comply with other rules, the Clerk’s Office may dismiss 

your case if you are the appellant or petitioner. FCR 25(h); FCR 31(d). However, 

if the appellee or respondent fails to comply with the rules, you are not entitled 

to the relief you seek solely by reason of that noncompliance. FRAP 31(c).
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D. Filing a Reply Brief

After the other party has filed a response to your brief, as appellant or petitioner,

you have the option to submit a reply brief. If you followed an informal briefing

schedule, you may file an informal reply brief within 14 days after respondent or 

appellee’s brief is served. FCR 31(e)(3). If you followed a formal briefing 

schedule, you may file a formal reply brief within 21 days after respondent or 

appellee’s brief is served. FRAP 31(a). You are NOT required to file a reply brief. 

If you choose to file one, you must follow the same format and rules as with your 

opening brief except that your reply brief must be 15 pages or shorter. You may 

use Form 17 for your informal reply brief.

As an appellee or respondent, you are not entitled to a brief beyond your formal 

or informal response brief.

VII. Filing a Motion

Motions are used to ask this court to do something, also known as “asking for 

relief.” Motions are governed by FRAP 27 and FCR 27 (and not the Federal Rules 

of Civil Procedure). You may file a motion or a response to a motion from the 

other party. If you file a motion or response, it may not exceed 5,200 words if 

produced electronically, or 20 pages otherwise. FRAP 27(d)(2). When filing a 

motion, you are required to contact the opposing party to see if they will agree 

to the request (known as “consent”), and your motion should reflect whether the 

other party agrees or disagrees. FCR 27(a)(5). A party may respond to a motion, 

but in many instances, the court may act before the response is due. FRAP 

27(b). Only one copy of a motion must be filed. If a party files a response to 

your motion, you may file a reply within seven days after the response is served. 

Any reply is limited to 2,600 words if produced electronically, or ten pages

otherwise.

A. Motion Requirements

Your motion must include the following:

• Name of this court

• Caption

• Case number 

• The title of the motion (the title should succinctly explain what you are 

asking for)

• Statement of other party’s consent or opposition
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• Statement regarding the relief sought and supporting legal grounds

• Your signature

• Certificate of service, if applicable

If necessary, you may attach relevant documents to your motion as exhibits, 

which do not count toward your page limit. Label all exhibits and attach them 

to your motion. FCR 27(d).

You will be notified when a decision has been made regarding a motion. You 

may check the status through your PACER account.

B. Sample Types of Motions

Below are examples of common motions and special procedures associated 

with filing them. 

1. Motion to Extend Time

Motions to extend time to file a document should be received by the court at 

least seven days before the deadline for filing the document. FCR 26(a)(2).

2. Motion for Reconsideration, Vacatur, or Modification of an Order or 

Action

If you are adversely affected by an order of the court, you may file a motion 

for reconsideration, vacatur, or modification within 14 days of the order or 

action. FCR 27(j) and 45(b). If you would like to petition for rehearing from an 

adverse court decision on the merits of your case, please refer to FRAP 35 

and 40, FCR 35 and 40, and the information included in this guide.

3. Motion for Reconsideration of Dismissal by Clerk of Court

The Clerk of Court may dismiss an appeal for failure to follow the Federal 

Rules of Appellate Procedure or the Federal Circuit Rules. Motions for 

reconsideration of a dismissal must be filed within 14 days after the issuance 

of the order of dismissal and may not exceed five pages. The motion must 

otherwise follow the guidelines under FRAP 27 and FCR 27. An unrepresented 

party may file an informal motion for reconsideration, which may be in the 

form of a letter, and must not exceed five typewritten double-spaced pages. 

A copy of the dismissal order must be attached to the motion. FCR 45(a).

4. Motion to Correct/Supplement

A motion to correct or supplement may be filed at any time and should 

specify what it is you would like to correct or supplement.
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C. Responses to Motions

If the other party files a motion that you wish to oppose, you may file a response 

within ten days of the date the motion was served. A decision may be made on 

a motion before you have a chance to respond. Motions for extension of time 

are commonly acted on without waiting for a response. The court will not act on 

an opposed dispositive motion before the time to respond has expired. FRAP 

27(b), FCR 27(b).

If a party files a response to a motion you submitted, you may file a reply to that 

response within seven days of the date the response was served.
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VIII.Decision in Your Appeal

A. Notice of the Court’s Decision in Your Appeal

A decision may take weeks or months after submission to a panel. The Clerk’s 

Office will send you a copy of the court’s opinion. If the court decides your 

appeal without preparing an opinion, you will receive a copy of the order or 

judgment of affirmance.

Opinions can be accessed free of charge on the court’s website: 

http://www.cafc.uscourts.gov/opinions-orders/search/report.html.

Note: The Clerk’s Office is unable to provide any information about when the 

panel will decide your case or any analysis of the court’s opinion once issued.

B. Filing a Petition for Rehearing 

If you are not satisfied with the decision of the court, you may file a petition for 

panel rehearing or rehearing en banc under Rules 35 and 40 of FRAP and FCR. 

You may also file a combined petition for panel rehearing and rehearing en 

banc. A panel rehearing is reconsideration before the three judges who 

decided your case. A rehearing en banc is reconsideration of your case before 

all the active judges of this court. Note that petitions for panel rehearing and 

petitions for rehearing en banc are rarely granted.

1. Time to File

You have 30 days (45 days if the United States is a party) from the date of the 

court’s decision to file a petition. FCR 40(d).

2. Filing Requirements

Your petition may not exceed 3,900 words if produced electronically, or 15 

pages otherwise. A copy of the opinion or judgment must be attached to 

the petition as an addendum. No other documents should be attached to 

the petition. FRAP 35(b)(2) and 40(b).

You may file an informal petition for panel rehearing or rehearing en banc by 

submitting three copies in letter form not to exceed 15 typewritten doublespaced pages, attaching to each a copy of the opinion or judgment sought 

to be reheard. FCR 40(f). Electronic filers must provide the three paper 

copies in addition to the copy filed electronically.
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3. Response to the Petition

If the court requests a response to a petition for panel rehearing or petition for 

rehearing en banc, the answer may not exceed 3,900 words if produced 

electronically, or 15 pages otherwise. Three copies of a response must be 

filed. FCR 25(c)(3).

C. Recovery of Costs

“Costs” are the expenses of printing or copying briefs and appendices, and they 

may amount to several hundred dollars. Attorney fees are not considered costs. 

Unless the court states otherwise, if you lose your case, you may be responsible 

for paying the costs of the other party. If you prevail, the court may allow you to

have your own costs paid by the other party. Refer to Form 24 on the court’s 

website for the Bill of Costs Form and Instructions. 

If you are responsible for costs, the matter is between you and the other party, 

and neither the court nor the Clerk’s Office will resolve any dispute between the 

parties once the costs have been taxed. FRAP 39 and FCR 39. If your petition for 

review involved a claim under USERRA, costs will not be taxed against you.

D. Attorney Fees

You are not entitled to payment for your own services in pursuing your case pro 

se; only an attorney may be awarded attorney fees. Before filing a petition for 

review or an appeal, you may wish to seek a lawyer willing to undertake the 

case on the contingency that the attorney fees may be payable under the 

Equal Access to Justice Act. FCR 47.7.
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IX. Calculating Filing Deadlines

To calculate your filing deadline, exclude the day of the event or filing that 

triggers the period of time. Count every day after the filing date, including 

weekends, holidays, and the last day of the period. If the last day of the period 

is a Saturday, Sunday, holiday, or court closure, the period continues to run until 

the next day that is not a Saturday, Sunday, holiday, or court closure. If the due 

date falls on a Saturday, for example, your filing will be due on Monday. Please 

refer to the court’s website regarding court closures. FRAP 26 and FCR 26.

The U.S. Court of Appeals for the Federal Circuit observes all federal holidays. A 

listing of all federal holidays is available at https://www.opm.gov/policy-dataoversight/snow-dismissal-procedures/federal-holidays/. 

Calculating Deadlines Examples:

Example 1: You would like to appeal a decision of the MSPB made final on May 

22, 2015. Your notice of appeal would be due 60 days later on July 21, 2015. 

Example 2: You would like to appeal a decision of the U.S. Court of Appeals for 

Veterans Claims made final on June 30, 2015, and 60 days from that day is 

Saturday, August 29. Your notice of appeal would be due on the following 

business day, August 31, 2015. 
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X. Non-Compliance

The Clerk of Court may require you to file a corrected copy of any submission 

that fails to comply with the court’s rules. FCR 25(c)(4). If you receive a notice 

that your filing is not in compliance with the rules, read the notice carefully. It will 

explain why your document is not in compliance, how to fix it, and the deadline 

for correction. 

Corrected filings should include “Corrected” on the cover. Corrections must be 

limited only to the specific areas identified on the court’s notice.

Common reasons a document is found non-compliant include:

• Failure to use the correct form

• Incomplete forms

• No signature

• Illegibility

• Document exceeds size limitations

• Unauthorized filing (e.g., filing more than one opening brief or more than 

one appendix)

• Document is untimely

XI. Confidential Material

If any part of the record was subject to a protective order at the trial level, read 

FCR 25.1 for procedures and requirements for confidential information. It is your 

responsibility to review the rules to understand what impact the protective order 

will have on your appeal. 

If you need to discuss information subject to a protective order, you must file two 

separate, clearly labeled versions of the document: (1) a confidential version

and (2) a nonconfidential version. In your confidential document, highlight or 

surround with brackets all confidential information. In your nonconfidential 

document, black out (i.e., redact) any confidential material that is highlighted or 

bracketed in the confidential brief. 

Only one copy of a nonconfidential version of a brief should be provided to the 

Clerk’s Office. Paper copies of the confidential version of your document must 

be provided to the extent required by FCR 25(c)(3).
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XII. Oral Argument

After briefing is complete, your case will be assigned to a merits panel. Oral 

argument is not automatic in every case; the panel may decide to hold oral 

argument or submit your case on the briefs. If your case is submitted on the 

briefs, neither party will be able to present argument to the panel, there will be 

no discussion or presentation of your case in court on the day your case is 

scheduled to be submitted, and you will not be required to attend the court 

session. If you would like to request oral argument, you are welcome to file a 

motion in your case.

If it is determined the panel will hear your case without oral argument, you will be 

given an opportunity to file a memorandum in lieu of oral argument. The 

memorandum must be no longer than five pages and may explain any other 

issues you wish to bring to the court’s attention. 

Additionally, if your case is scheduled to be submitted on the briefs and you did 

not previously file a reply brief, you can file a reply brief within 14 days after the 

notice that the appeal will be submitted on the briefs. FCR 34(a).
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XIII. Glossary of Terms

Affidavit: A written or printed statement made under oath.

Affirmed: The court of appeals has concluded that the lower tribunal’s judgment 

or decision is correct and will stand as rendered by that tribunal.

Appeal: A request that a higher court review the decision of a forum to 

determine if it was correct. To make such a request is "to appeal" or "to take an 

appeal." One who appeals is called the "appellant" the other party is the 

"appellee."

Appellant: The party who appeals a decision.

Appellee: A party who opposes an appellant’s appeal.

Brief: A submitted written statement that explains one side’s legal and factual 

arguments.

Case File: A complete collection of every document filed in a case/proceeding.

Case Law: The law as established in previous court decisions. A synonym for 

legal precedent. Akin to common law, which springs from tradition and judicial 

decisions.

Clerk of Court: The court officer who oversees administrative functions, 

especially managing the flow of cases through the court. 

Counsel: Legal advice; a term also used to refer to the lawyers in a case.

Court: Government entity authorized to resolve legal disputes. Judges 

sometimes use "court" to refer to themselves in the third person, as in "the court 

has read the briefs."

CM/ECF: The Case Management/Electronic Case Files (CM/ECF) system is the 

Federal Judiciary's comprehensive case management system for all bankruptcy, 

district, and appellate courts. CM/ECF allows courts to accept filings and 

provides access to filed documents online. CM/ECF allows access to case files 

by multiple parties and offers expanded search and reporting capabilities. The 

system also offers electronic filers the ability to immediately update dockets, 

download documents, and print them directly from the court system. As of 

October 1, 2020, the Federal Circuit has permitted unrepresented parties to file 

using CM/ECF. 

Damages: Money that the court orders one party to pay another. Damages 

may be compensatory (for loss or injury) or punitive (to punish and deter future 

misconduct).
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De Novo: Latin, meaning "anew." A trial de novo is a completely new trial. 

Appellate review de novo implies no deference to the trial judge's ruling.

Dismissal with Prejudice: A disposition of the current case that prevents an 

identical lawsuit from being filed later.

Dismissal without Prejudice: A disposition of the current case that may allow a 

lawsuit to be brought later.

Docket: A log containing the complete history of each case in the form of brief 

chronological entries summarizing the court’s proceedings.

En Banc: French, meaning "on the bench." All authorized judges of an appellate 

court sitting together to hear a case, as opposed to the routine disposition by 

panels of three judges. 

Evidence: Information presented in testimony or in documents that are used to 

persuade the fact finder (judge or jury) to decide the case in favor of one side or 

the other.

In Camera: Latin, meaning in a judge's chambers. Often means outside the 

presence of a jury and the public (i.e., in private).

In Forma Pauperis: "In the manner of a pauper." Permission given by the court to 

a person to file a case without payment of the required court fees because the 

person cannot pay them.

Injunction: A court order preventing one or more named parties from taking 

some action. 

Issue: The disputed point(s) between parties in a lawsuit; or to send out officially, 

as in a court issuing an order.

Judgment: The official decision of a court resolving the dispute between the 

parties.

Jurisdiction: The legal authority of a court to hear and decide a certain type of 

case. 

Mandate: The device by which the court closes an appeal and transfers 

jurisdiction back to the previous court or agency. 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. An order dismissing a case on consent or for failure to prosecute, or 

dismissing, remanding, or transferring a case on motion, will constitute the 

mandate. The date of the order is the date of the mandate. In an appeal 

dismissed by the court on its own initiative in an opinion, the mandate will 

issue in the regular course.
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Mediation Program: A service offered by some courts to help the parties 

achieve settlement. The Federal Circuit’s mediation program is only available to 

parties represented by counsel.

Merits: Referring to a judgment, decision, or ruling of a court based upon the 

facts presented in evidence and the law applied to that evidence. 

Moot: Not subject to a court ruling because, for example, the controversy has 

not actually arisen or has ended.

Motion: A written request by a party for a decision on a matter relating to the 

case.

Opinion: A judge's written explanation of the decision of the court. An opinion in 

appellate decisions can take several forms because a case may be heard by 

three or more judges. If all the judges completely agree on the result, one judge 

will write the opinion for all. If all the judges do not agree, the formal decision will 

be based upon the view of the majority, and one member of the majority may

write the opinion. The judges who did not agree with the majority may write 

separately in dissenting or concurring opinions to present their views. 

Oral Argument: An opportunity for lawyers and parties to summarize their 

position before the court and to answer the judges' questions.

PACER: Public Access to Court Electronic Records (PACER) is an electronic 

public access service that allows users to obtain case and docket information 

online.

Panel: In appellate cases, a group of judges (usually three) assigned to decide 

the case.

Per Curiam: Latin, meaning "for the court." In appellate courts, often refers to an 

unsigned opinion.

Pleadings: Written statements filed with a court describing a party's legal or 

factual assertions about the case.

Pro Se: Latin, meaning “for oneself” or “on one’s own behalf.” Representing 

oneself. 

Record: A written account of the proceedings in a case, including all pleadings, 

evidence, and exhibits submitted in the course of the case.

Remand: Send back the case to the originating forum.

Sanctions: Penalties imposed by the court.

Settlement: Parties to a lawsuit resolve their dispute without a court decision. 

Statute: A law passed by a legislature.
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Sua Sponte: Latin, meaning "of its own will." Often refers to a court taking an 

action in a case without being asked to do so by either side.

Temporary Restraining Order: Similar to an injunction, it is a judge's short-term 

order forbidding certain actions until a full hearing can be conducted. Often 

referred to as a TRO.

Transcript: A written, word-for-word record of what was said, either in a 

proceeding such as a trial, or during some other formal conversation, such as a 

hearing or oral deposition.

Transfer: A process in which the court sends a case to a different court.

Uphold: The appellate court agrees with the lower tribunal decision and allows it 

to stand.

Venue: The geographic area in which a court may hear a case. A change of 

venue is a change or transfer of a case from one judicial district to another.

Want of Prosecution: The failure to submit required documents under the rules.
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XIV. Frequently Asked Questions

1. Question: How many extra pages can I attach to my informal brief? 

Answer: You may attach up to 28 additional pages. Remember that all 

pages must be attached at the time of filing or they will require a motion to 

supplement the brief.

2. Question: What is a certified list?

Answer: A certified list is a document that adequately describes all 

documents, transcripts of testimony, exhibits, and other materials that 

constitute the record, or describes those parts designated by both parties. 

These materials will constitute a list of the lower tribunal’s record.

3. Question: What happens if I submit my social security number or other 

sensitive information on one of my documents? 

Answer: The Clerk’s Office does not screen information for confidential 

material. Please black out personal information (e.g., social security 

numbers) or request that the document be filed under seal due to the use of 

confidential identification information. If you realize you have already sent 

confidential material to the court, please contact the Clerk’s Office and 

request that they lock your document pending the submission of a redacted 

version.

4. Question: What is the status of my case?

Answer: You may obtain the status of your case by reviewing the docket on 

PACER or by going to your nearest Federal Depository Library. If you are 

unable to obtain the requested information or you require information that 

cannot be answered online or at a library, you may call the Clerk’s Office at 

(202) 275-8000.

5. Question: Who do I need to serve my document on? 

Answer: Serve your document on the opposing counsel or agency listed on 

the docket. If there is no opposing counsel listed on the docket, contact the 

Clerk’s Office and your case manager should be able to assist you in 

determining who represents the other party. If you are an electronic filer, 

service will be performed automatically on all counsel in your case, unless 

you are filing a confidential document.
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6. Question: Am I allowed to file things via email/fax/electronically?

Answer: Fax filing is not permitted. Email filing is only permitted for new 

notices of appeal and petitions for review submitted directly to this court and 

only as PDF attachments to the email address prose@cafc.uscourts.gov. All 

other documents or messages, including case documents submitted to any 

other court email address, will neither be accepted, processed, nor receive a 

response, consistent with Fed. Cir. R. 25(a)(1). 

Electronic filing through the court’s CM/ECF system is permitted for all 

unrepresented parties who register for a Non-Attorney Electronic Filer 

Account and submit a completed and compliant Notice of Unrepresented 

Person Appearance (Form 8B) in their cases. 

7. Question: How many copies of a document does the court require? 

Answer: The court requires three paper copies of an informal brief, informal 

appendix, or any petition for rehearing and six paper copies of a formal brief

or formal appendix. It requires one copy of your notice of appeal, petition for 

review, motion, or any other document.

8. Question: Why do I need a Statement Concerning Discrimination if my case 

does not deal with discrimination?

Answer: A discrimination statement form will be included in the docketing 

package provided to any petitioner seeking review of a decision of the Merit 

Systems Protection Board (MSPB) or an arbitrator. The court requires a 

statement on whether a claim of discrimination by reason of race, color, 

religion, sex, age, national origin, or handicapping condition has been or will 

be made in the case. The court has created Form 10 to allow unrepresented 

parties to easily comply with this requirement. Failure to complete a 

discrimination statement will result in dismissal of the petition for review.

9. Question: What is a mandate? 

Answer: The mandate is the device by which the court closes an appeal and 

transfers jurisdiction to another court or agency.

10. Question: What do I need to file with the court to open an appeal? 

Answer: In order to initiate a case, a notice of appeal or petition for review 

must be filed. In some cases, you must file your notice of appeal in another 

court or agency. For appeals from the U.S. Patent and Trademark Office 

(USPTO), a copy of the notice of appeal must be filed with both the USPTO 

and our court. Once you have filed your appeal or petition for review, the 

Clerk’s Office will send you a docketing packet. The packet includes your 
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Notice of Docketing, (which contains your case name, case number, and 

relevant due date information); caption sheet; and required forms. Please 

review the Notice of Docketing carefully for due dates and form 

requirements.

11. Question: When is my brief due?

Answer: If the case is from a court, the appellant’s informal brief must be 

served and filed within 21 days after case opening, or 60 days after case 

opening for a formal brief. If the case is from an agency decision, the 

petitioner/appellant must serve and file the informal brief within 21 days after 

the certified list or index is served, or 60 days for a formal brief.

12. Question: Does the court need to receive my notice of appeal or petition for 

review by the due date, or does it just need to be postmarked by that date?

Answer: A petition for review or notice of appeal must be filed within the time 

allowed by the statute that authorizes it. Your petition or notice is not 

considered filed at the time it is postmarked; it must be physically received by

the court or agency for filing within the time allowed by statute. You may file 

a petition for review or notice of appeal by email to this court by attaching a 

PDF copy of the notice or petition and sending it to prose@cafc.uscourts.gov. 

The email server received date—not the sent date—on any email filing must 

be within the time allowed by statute.

If you are an inmate, any filing, including a notice of appeal or brief, is timely 

if it is deposited in the institution’s internal mail system on or before the last 

day for filing. You must include either a declaration that you filed in 

compliance with 28 U.S.C. § 1746 or have a notarized statement indicating 

that you filed through the prison mail system. The declaration or statement 

must set forth the date of deposit and state that first-class postage has been 

prepaid. If you do not include a declaration or notarized statement, your 

filing will be considered late if not received by the due date.

13. Question: Someone signed for the documents that I sent you. Why are they 

not on my docket? Did you receive them?

Answer: The court receives over 1500 appeals every year with thousands of 

documents to process. It may take a few days to see a document reflected 

on the docket, or it may take up to a week for your notice of appeal to be 

opened. Please rest assured that the Clerk’s Office is processing your 

document. The court strongly suggests you keep track of your filings by 

reviewing your docket on PACER. If you do not see your document within a 

week, please feel free to contact the Clerk’s Office to determine its status.
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14. Question: Can you appoint an attorney to represent me?

Answer: The Federal Circuit is generally unable to appoint you an attorney. 

You may wish to contact the American Bar Association or your local state bar 

association and inquire whether they have a pro bono appointment or 

referral service. 

15. Question: Is this the right court for me to file my appeal? 

Answer: Please review Parts III and IV of this guide. Remember that this court 

is the United States Court of Appeals for the Federal Circuit and not the 

District of Columbia Circuit.

16. Question: When will my case be decided?

Answer: Cases can take months to be decided. Once a case has been fully 

briefed, it is assigned to a panel for review. You will receive notice of whether 

the case will require oral argument or be decided on the briefs. Once a case 

has been submitted to a panel, the judges will review your case and make a 

decision in due course. The Clerk’s Office is unable to give you a final 

determination of when a panel will make their decision. 

17. Question: The government sent me all these documents. What are they?

Answer: Government counsel is required to serve you with all documents that 

they may file with the court. The Clerk’s Office will attempt to assist you in 

determining if any of those documents are the same ones filed with the court. 

However, the documents may have been sent directly to you for review prior 

to filing. It is advised that you call or email government counsel in order to 

determine what you received.

18. Question: I did not receive a copy of a document from the court or opposing 

party.

Answer: All documents sent by the court are mailed to your last known 

address if you are not registered for electronic filing or electronic service. 

Please confirm with the Clerk’s Office that your address is correct. As a 

courtesy, the Clerk’s Office may send you a second copy of your document. 

If you have not received a copy of a filing from the opposing side, please 

contact the opposing party’s counsel and confirm they have your correct 

address. Additionally, if you need a copy of a filed document immediately, 

you may obtain a copy online through PACER or at your local Federal 

Depository Library. You may also consent to receive electronic service in your 

case at the time you file your Notice of Unrepresented Person Appearance. 

If you so consent, you will receive all service in your case via email, and you 
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must ensure your email address is accurate. Electronic filers automatically 

receive service at the email address associated with their user account.

19. Question: Do I need to file a certificate of interest or docketing statement?

Answer: No, certificates of interest and docketing statements are only 

necessary in counseled cases. You do not need to file either if you are 

proceeding without an attorney.

20. Question: What is an appendix and how do I file/compile it?

Answer: The appendix consists of material in the underlying record of your 

case that you are referencing in your briefing. FRAP 30 and FCR 30 provide a 

list of documents which must be included in the appendix prepared by the 

appellant/petitioner. Please review those rules before filing your appendix 

with the court. 

21. Question: I am in the process of hiring an attorney. Can an attorney enter my 

case if I’ve already started it without counsel/pro se? What will happen when 

the attorney enters their appearance?

Answer: Yes, an attorney can begin to represent you in your case at any 

point. Once an attorney enters their appearance, you will no longer be able 

to file things directly with the court. All correspondence with the court must 

be filed by your attorney. If you wish to file something directly with the court, 

it is suggested that you send it to your attorney who can file it on your behalf.

22. Question: What does the “Notice of Calendaring” mean?

Answer: The notice of calendaring is sent to the parties when the case has 

been assigned a court date for submission to a panel. The notice will inform 

you whether the case will be submitted on the briefs or if there will be oral 

argument. If the court will decide the case on the briefs, you will be given an 

opportunity to respond to the notice regarding why you wish to have oral 

argument.

23. Question: How much is the filing fee, and are there other fees later?

Answer: When you petition for review of a decision or appeal a decision of 

an agency, board, or commission to the Federal Circuit, you are required to 

pay a docketing fee of $500. Please make checks payable to: Clerk of the 

Court, U.S. Court of Appeals for the Federal Circuit.

If you appeal a judgment of a court, you must pay a docketing fee of $505 

($500 docketing fee and a filing fee of $5) made payable to the clerk of that 

court. The U.S. Court of Appeals for Veterans Claims does not collect the $5
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filing fee. Exception: When appealing a decision in a vaccine case from the

U.S. Court of Federal Claims, the $500 fee must be paid to the Federal Circuit.

Please note that payment of the docketing fee is non-refundable once the 

notice of appeal has been filed.

You may be charged a fee for usage of PACER or for the reproduction of any 

record or paper. Please refer to the fee schedule for fees at the Federal 

Circuit at http://www.cafc.uscourts.gov/rules-of-practice/fees. 

24. Question: What constitutes the record, and do the judges have access to it?

Answer: The record is the underlying materials in your case. The record is 

available to the judges should they require it. If you wish to direct their 

attention to something in the record, that should be done through your brief 

and the document should be included in your appendix. 

25. Question: I am an attorney proceeding pro se. Am I able to seek admission?

Answer: Yes, you may seek admission to this court.

26. Question: What is a case manager, and how do they operate within the 

Clerk’s Office?

Answer: A case manager is your main point of contact regarding case 

processing. They will assist you in making sure your documents are correctly 

filed. Any case questions should be directed to a case manager.