UNITED STATES COURT OF APPEALS 

FOR THE FEDERAL CIRCUIT

717 MADISON PLACE, N.W.

WASHINGTON, D.C. 20439

PETER R. MARKSTEINER CLERK’S OFFICE

CLERK OF COURT 202-275-8000

November 27, 2018

Information Sheet

Revised Brief and Appendix Filing Procedures

On December 1, 2018, the Clerk’s Office will implement two changes to its filing 

procedures for briefs and appendices: (1) discontinuation of the brief “tendering” 

practice and (2) deferment of filing of paper copies pursuant to new amendments to 

the Federal Circuit Rules of Practice.

Effective Date and Applicability 

The new filing procedures and rules detailed below will apply to all cases and 

documents filed or pending on or after December 1, 2018.

New Procedure for Brief and Appendix Filing

Attorneys filing briefs or appendices pursuant to Federal Rule of Appellate 

Procedure 31, Federal Circuit Rule 30 and 31, or by order of the court, will continue 

to use the filing event Brief/Appendix or Joinder as described in the court’s

Electronic Filing Procedures, § IV.E. All briefs and appendices submitted through 

the court’s Case Management and Electronic Case Filing (CM/ECF) system will now 

appear as filed on the docket instead of tendered. Non-confidential briefs and 

appendices will be immediately available for public access. 

Confidential Briefs or Appendices

Unless a filer uses the Confidential Brief/Appendix or Joinder event, all briefs 

and appendices will immediately be available for public access. Confidential briefs 

and appendices will continue to remain restricted to the court only, and they must 

be filed and served on other parties as required by Federal Circuit Rule 25(c)(1)(G). 

All parties are reminded that it is their responsibility to confirm that they are using 

the correct event to prevent the unintended public release of confidential or 

privileged information. 
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Filers should immediately contact the Clerk’s Office to rectify any inadvertent 

release of confidential or privileged information due to erroneous filing.

Clerk’s Office Compliance Review

Once a brief or appendix is filed, the Clerk’s Office will review the submission for 

compliance with the federal appellate and circuit rules. Until such review is 

completed, the entry will reflect the document is “Pending Compliance Review.” 

The Clerk’s Office will edit and re-serve the docket entry when review is completed. 

If the document is found to be non-compliant, a notice of non-compliance will issue 

directing the party to correct the area of non-compliance as provided under Federal 

Circuit Rule 25(c)(4) (as amended Dec. 1, 2018) and the Clerk’s Office’s Revised 

Document Compliance Review Procedure. Regardless of any pending review, the 

deadline for any responsive brief will continue to run from the date the initial 

document was filed and served in CM/ECF. See Fed. R. App. P. 31(a); Fed. Cir. R. 

31(a) (briefs); Fed. Cir. R. 30(a)(4) (appendix).

Discontinued Listing of Due Dates

As part of this new procedure, docket entries for brief and appendices will no longer 

reflect the due dates for any responsive briefs or paper copies. Parties must refer to 

the Federal Rules of Appellate Procedure and Federal Circuit Rules to determine 

deadlines unless an order of the court specifies a different deadline. 

New Procedure for Submitting Paper Copies:

As explained in the Practice Note to Rule 25 (as amended Dec. 1, 2018), the Clerk’s 

Office will issue a notice requesting paper copies of all briefs and appendices shortly 

after briefing has completed. Upon issuance of the notice, paper copies of all

outstanding briefs and appendices will be due within five business days. Parties 

should refrain from filing paper copies prior to the court’s notice, unless ordered 

otherwise. Upon receipt, a notation will be made on the docket and the Clerk’s 

Office will review the paper copies for compliance and if needed issue a notice of 

non-compliance as provided under Federal Circuit Rule 25(c)(4) (as amended Dec. 1, 

2018) and the Clerk’s Office’s Revised Document Compliance Review Procedure.
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Corrected Paper Copies

Parties should note that pursuant to Federal Circuit Rule 25(c)(1)(K) (as amended 

Dec. 1, 2018), if a corrected brief or appendix has been filed and the Clerk’s Office 

has not yet issued a notice requesting paper copies, then only paper copies of the 

corrected version must be filed. Parties must not submit paper copies of the 

original filing unless so directed by the court.

Paper Copies Submitted Before December 1, 2018

If paper copies of briefs and appendices were submitted to the court before 

December 1, 2018, new copies should not be resubmitted to the court. Any 

subsequent notice to file paper copies applies only to outstanding paper 

copies. 

Petitions for Panel Rehearing, En Banc Hearing, En Banc Rehearing, 

and Briefs in En Banc Cases

The electronic filing procedure is not changing for petitions for panel 

rehearing, en banc hearing, en banc rehearing, or briefs in en banc cases. 

Paper copies for petitions and briefs related to panel rehearing, en banc 

hearing, or en banc rehearing remain due after the filing of the electronic 

version as required by Federal Circuit Rule 25(c)(1)(C)-(F). 

Additional Assistance

Please contact the Clerk’s Office at 202-275-8055 with questions concerning, 

or for assistance with, these new procedures.