Incorporating amendments to Federal Rules of Appellate Procedure 35 and 40.

Updated to incorporate emergency amendment language for Fed. R. Cir. 15(f).
Federal Circuit Rules of Practice (December 1, 2020) – UPDATE Page i

United States Court of Appeals for the Federal Circuit

Circuit Justice

Chief Justice John G. Roberts, Jr.

Chief Judge

Sharon Prost

Circuit and Senior Circuit Judges

Pauline Newman

Haldane Robert Mayer

S. Jay Plager

Alan D. Lourie

Raymond C. Clevenger, III

Alvin A. Schall

William C. Bryson

Richard Linn

Timothy B. Dyk

Kimberly A. Moore

Kathleen M. O’Malley

Jimmie V. Reyna

Evan J. Wallach

Richard G. Taranto

Raymond T. Chen

Todd M. Hughes

Kara F. Stoll
Federal Circuit Rules of Practice (December 1, 2020) – UPDATE Page ii

Officers of the Court and Senior Staff

Peter R. Marksteiner

CIRCUIT EXECUTIVE AND CLERK OF COURT

Jeffrey Goldberg

GENERAL COUNSEL

Jarrett B. Perlow

CHIEF DEPUTY CLERK

Marilyn Wennes

SENIOR TECHNICAL ASSISTANT

Patrick Barnwell

CHIEF DEPUTY FOR ADMINISTRATIVE 

SERVICES

Jessica Perovich

CIRCUIT LIBRARIAN

Riley Toussaint

DIRECTOR OF INFORMATION TECHNOLOGY

Advisory Council Members

Carter G. Phillips, Chair 

Leonard Davis (Ret.)

Tara D. Elliott

Michael R. Franzinger

Arthur J. Gajarsa (Ret.)

Martin F. Hockey, Jr.

James F. Holderman (Ret.)

Matthias Kamber

Thomas W. Krause

Deanna Tanner Okun

Kevin Parton

Adam R. Shartzer

Robert L. Stoll

David O. Taylor

ex officio

Peter R. Marksteiner

Jeffrey Goldberg

Deborah M. Miron

Sonal N. Mehta

George F. Hutchinson

Scott M. McCaleb

Michael J. Schaengold

Jamie D. Underwood
TABLE OF CONTENTS

Federal Circuit Rules of Practice (December 1, 2020) – UPDATE Page ii

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

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

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

Scope of Rules; Definition; Title

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

Scope of Rules; Definitions; Title

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

Suspension of Rules

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

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

Appeal as of Right — How Taken

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

Appeal as of Right — How Taken

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

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

Appeal as of Right — When Taken

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

Appeal as of Right — Untimely Notice

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

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

Appeal by Permission

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

Appeal by Permission

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

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

District Court or Bankruptcy Appellate Panel

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

Bond for Costs on Appeal in a Civil Case

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

Stay or Injunction Pending Appeal
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Federal Circuit Rules of Practice (December 1, 2020) – UPDATE Page iii

Federal Circuit Rule 8.............................................................................................. 23

Stay or Injunction Pending Appeal

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

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

Release in a Criminal Case

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

The Record on Appeal

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

The Record on Appeal

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

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

Forwarding the Record

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

Forwarding the Record

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

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

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

Docketing the Appeal

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

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

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

Relief That Is Barred by a Pending Appeal

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

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

Review of a Decision of the Tax Court

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

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

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

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

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

Review or Enforcement of an Agency Order

Federal Rule of Appellate Procedure 15.................................................................. 39
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Federal Circuit Rules of Practice (December 1, 2020) – UPDATE Page iv

Federal Circuit Rule 15............................................................................................ 40

Review of an Agency Order or Action

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

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

Briefs and Oral Argument in a National Labor Relations Board Proceeding

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

The Record on Review or Enforcement

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

Filing the Record

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

Filing the Record

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

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

Stay Pending Review

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

Stay Pending Review

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

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

Settlement of a Judgment Enforcing an Agency Order in Part

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

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

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

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

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

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

Writs of Mandamus and Prohibition, and Other Extraordinary Writs

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

Writs of Mandamus and Prohibition, and Other Extraordinary Writs

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

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

Habeas Corpus and Section 2255 Proceedings
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Federal Circuit Rules of Practice (December 1, 2020) – UPDATE Page v

Federal Rule of Appellate Procedure 23.................................................................. 60

Custody or Release of a Prisoner in a Habeas Corpus Proceeding

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

Proceeding in Forma Pauperis

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

Proceeding in Forma Pauperis

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

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

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

Filing and Service

Federal Circuit Rule 25............................................................................................ 68

Filing and Service

Practice Notes to Rule 25......................................................................................... 77

Federal Circuit Rule 25.1......................................................................................... 78

Privacy and Confidentiality

Practice Notes to Rule 25.1...................................................................................... 83

Federal Rule of Appellate Procedure 26.................................................................. 86

Computing and Extending Time

Federal Circuit Rule 26............................................................................................ 89

Computing and Extending Time

Practice Notes to Rule 26......................................................................................... 91

Federal Rule of Appellate Procedure 26.1............................................................... 92

Disclosure Statement

Federal Circuit Rule 26.1......................................................................................... 93

Disclosure Statement

Practice Notes to Rule 26.1...................................................................................... 93

Federal Rule of Appellate Procedure 27.................................................................. 94

Motions

Federal Circuit Rule 27............................................................................................ 97

Motions

Practice Notes to Rule 27....................................................................................... 100
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Federal Circuit Rules of Practice (December 1, 2020) – UPDATE Page vi

Federal Rule of Appellate Procedure 28................................................................ 101

Briefs

Federal Circuit Rule 28.......................................................................................... 105

Briefs

Practice Notes to Rule 28....................................................................................... 108

Federal Rule of Appellate Procedure 28.1............................................................. 109

Cross-Appeals

Federal Circuit Rule 28.1....................................................................................... 112

Cross-Appeals

Practice Notes to Rule 28.1.................................................................................... 113

Federal Rule of Appellate Procedure 29................................................................ 114

Brief of an Amicus Curiae

Federal Circuit Rule 29.......................................................................................... 117

Brief of an Amicus Curiae

Practice Notes to Rule 29....................................................................................... 118

Federal Rule of Appellate Procedure 30................................................................ 119

Appendix to the Briefs

Federal Circuit Rule 30.......................................................................................... 123

Appendix to the Briefs

Practice Notes to Rule 30....................................................................................... 131

Federal Rule of Appellate Procedure 31................................................................ 132

Serving and Filing Briefs

Federal Circuit Rule 31.......................................................................................... 133

Serving and Filing Briefs

Federal Rule of Appellate Procedure 32................................................................ 136

Form of Briefs, Appendices, and Other Papers

Federal Circuit Rule 32.......................................................................................... 141

Form of Briefs, Appendices, and Other Papers

Practice Notes to Rule 32....................................................................................... 144

Federal Rule of Appellate Procedure 32.1............................................................. 146

Citing Judicial Dispositions
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Federal Circuit Rules of Practice (December 1, 2020) – UPDATE Page vii

Federal Circuit Rule 32.1....................................................................................... 146

Citing Judicial Dispositions

Practice Notes to Rule 32.1.................................................................................... 148

Federal Rule of Appellate Procedure 33................................................................ 149

Appeal Conferences

Federal Circuit Rule 33.......................................................................................... 149

Appeal Conferences

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

Mediation Guidelines

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

Oral Argument

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

Oral Argument

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

Federal Rule of Appellate Procedure 35................................................................ 158

En Banc Determination

Federal Circuit Rule 35.......................................................................................... 160

En Banc Determination

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

Federal Rule of Appellate Procedure 36................................................................ 166

Entry of Judgment; Notice

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

Entry of Judgment

Federal Rule of Appellate Procedure 37................................................................ 167

Interest on Judgment

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

Frivolous Appeal

Practice Notes to Rule 38....................................................................................... 168

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

Costs
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Federal Circuit Rules of Practice (December 1, 2020) – UPDATE Page viii

Federal Circuit Rule 39.......................................................................................... 170

Costs

Practice Notes to Rule 39....................................................................................... 171

Federal Rule of Appellate Procedure 40................................................................ 172

Petition for Panel Rehearing

Federal Circuit Rule 40.......................................................................................... 174

Petition for Panel Rehearing

Practice Notes to Rule 40....................................................................................... 177

Federal Rule of Appellate Procedure 41................................................................ 178

Mandate: Contents; Issuance and Effective Date; Stay

Federal Circuit Rule 41.......................................................................................... 179

Issuance of Mandate

Practice Notes to Rule 41....................................................................................... 179

Federal Rule of Appellate Procedure 42................................................................ 180

Voluntary Dismissal

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

Substitution of Parties

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

Case Involving a Constitutional Question When the United States or the 

Relevant State is Not a Party

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

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

Clerk’s Duties

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

Clerk of Court’s Duties

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

Attorneys

Federal Circuit Rule 46.......................................................................................... 188

Attorneys

Practice Notes to Rule 46....................................................................................... 190
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Federal Circuit Rules of Practice (December 1, 2020) – UPDATE Page ix

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

Local Rules by Courts of Appeals

Federal Circuit Rule 47.......................................................................................... 192

Adoption of Local Rules

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

Sessions and Places of Holding Court

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

Panels

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

Representation and Appearance

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

Counsel on Appeal.

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

Certificate of Interest

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

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

Statement of Related Cases

Practice Notes to Rule 47.5.................................................................................... 198

Federal Circuit Rule 47.6....................................................................................... 198

Federal Circuit Rule 47.7....................................................................................... 199

Attorney Fees and Expenses Incurred in This Court

Practice Notes to Rule 47.7.................................................................................... 200

Federal Circuit Rule 47.8....................................................................................... 200

In Camera Proceedings

Federal Circuit Rule 47.9....................................................................................... 201

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

Federal Circuit Rule 47.10..................................................................................... 203

Dismissal of a Bankruptcy Stay Case

Federal Circuit Rule 47.11..................................................................................... 203

Quorum

Federal Circuit Rule 47.12..................................................................................... 203
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Federal Circuit Rules of Practice (December 1, 2020) – UPDATE Page x

Federal Rule of Appellate Procedure 48................................................................ 204

Masters

Federal Circuit Rule 49.......................................................................................... 204

Seal of the Court

Federal Circuit Rule 50.......................................................................................... 205

Employee and Former Employee

Practice Notes to Rule 50....................................................................................... 205

All Future Participation and Assistance Prohibited.

Federal Circuit Rule 51.......................................................................................... 206

Complaint of Judicial Misconduct or Disability

Federal Circuit Rule 52.......................................................................................... 206

Fees

Practice Notes to Rule 52....................................................................................... 208

Federal Circuit Rule 53.......................................................................................... 209

Judicial Conference

Federal Circuit Rule 54.......................................................................................... 209

Library

Federal Circuit Attorney Discipline Rules ............................................................... 211

Introduction............................................................................................................ 211

Rule 1. Definitions................................................................................................. 211

Rule 2. Grounds for Discipline.............................................................................. 212

Rule 3. Types of Discipline.................................................................................... 212

Rule 4. Disciplinary Matters Referred to the Court............................................ 213

Rule 5. Merits/Motions Panel or Standing Panel Procedure............................... 214

Rule 6. Conviction or Discipline Imposed by Another Court or an Agency ........ 215

Rule 7. Proceedings for Reciprocal Discipline or Conviction of Serious Crime .. 216

Rule 8. Contested Proceedings ............................................................................. 216

Rule 9. Reinstatement .......................................................................................... 218

Rule 10. Access to Information............................................................................. 219

Rule 11. Effective Date ......................................................................................... 220
Federal Circuit Rules of Practice (December 1, 2020) – UPDATE Page xi

FOREWORD

This document contains the rules for proceedings in the United States 

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

Federal Rules of Appellate Procedure and the corresponding Federal 

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

shaded blue background for ease in distinguishing them from the 

Federal Circuit Rules that are on a white background. Certain 

provisions within the Federal Rules of Appellate Procedure are 

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

Rule; where appropriate, informational cross-references and 

annotations to the relevant Federal Circuit Rule have been added as 

footnotes to the Federal Rules of Appellate Procedure. Parties should 

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

to determine whether a Federal Circuit Rule provides for additional 

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

Appellate Procedure. Inapplicable provisions of the Federal Rules of 

Appellate Procedure are noted as [OMITTED].

Practice Notes following the various rules are in boxed informational 

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

the Clerk’s Office staff or provide additional explanatory information 

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

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

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

The Federal Circuit Attorney Discipline Rules are included in this 

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

www.cafc.uscourts.gov, including the Internal Operating Procedures, 

Electronic Filing Procedures, Guide for Unrepresented Parties, 

Appellate Mediation Program Guidelines, Guide for Oral Argument, and 

Federal Circuit Forms.

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

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

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

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

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

resources, electronic filing resources, and unrepresented filer resources

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

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

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

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

Madison Place, NW, Washington, DC 20439.

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Federal Circuit Rules of Practice (December 1, 2020) – UPDATE Page 2

FEDERAL CIRCUIT RULE 1

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

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

certain arbitrators, including each of the following:

(A) the Patent Trial and Appeal Board;

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

Office;

(C) the Trademark Trial and Appeal Board;

(D) the United States International Trade Commission;

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

subchapter X of chapter 98 of the Harmonized Tariff 

Schedule of the United States (relating to importation of 

instruments or apparatus);

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

§ 2461;

(G) the Merit Systems Protection Board;

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

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

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

§ 502;

(K) the Equal Employment Opportunity Commission acting 

under 3 U.S.C. § 454;

(L) the Federal Labor Relations Authority acting under part 

D of subchapter II of chapter 5 of title 3;

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

Health Review Commission, under part C of subchapter 

II of chapter 5 of title 3; 

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

§ 1407(a)(1);

(O) the Government Accountability Office Personnel Appeals 

Board; or

(P) the Bureau of Justice Assistance.




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Federal Circuit Rules of Practice (December 1, 2020) – UPDATE Page 7

FEDERAL CIRCUIT RULE 3

Appeal as of Right — How Taken

(a) Opinion; Certified Copy of Docket Entries. 

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

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

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

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

the notice of appeal.

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

Trust Territory of the Pacific Islands. 

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

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

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

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

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

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

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

for purposes of these rules.

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

§ 300aa-12(f). 

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

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

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

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

Federal Rule of Appellate Procedure 3(d) and Federal Circuit Rule 3(a). 
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Federal Circuit Rules of Practice (December 1, 2020) – UPDATE Page 8

PRACTICE NOTES TO RULE 3

Failure to File a Notice of Appeal.

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

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

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

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

Fees.

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

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

Filing and Docketing an Appeal.

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

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

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

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

§ 300aa-12(f).

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

concerning the enforcement of presidential subpoenas and orders during 

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

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

appeal is filed with the clerks of those courts.







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Federal Circuit Rules of Practice (December 1, 2020) – UPDATE Page 16

PRACTICE NOTES TO RULE 4

Time to Appeal.

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

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

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

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

to extend or reopen the time for appeal.

COURT STATUTE TIME

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

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

15 U.S.C. § 3416(c) 30 days

Court of 

International 

Trade

28 U.S.C. § 2645(c) 60 days

Court of Federal 

Claims

28 U.S.C. § 2522

(Appeals)

60 days

42 U.S.C. § 300aa12(f) (Petitions)

60 days

Court of Appeals 

for Veterans 

Claims

38 U.S.C. § 7292 60 days

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

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

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

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

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

even if the filer asserts equitable grounds for excusing untimeliness.

Parties should refer to the statutes and applicable case law to 

determine whether, in a particular situation, this court may disregard 
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Federal Circuit Rules of Practice (December 1, 2020) – UPDATE Page 17

PRACTICE NOTES TO RULE 4

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

with a time limit for equitable reasons.

Duty to Notify the Clerk of Postjudgment Motions Pending in the 

Trial Court.

Even though the district court clerk must forward copies of later 

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

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

case files a motion listed in Federal Rule of Appellate Procedure 

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

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

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

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

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

required filings and notify counsel.

Expedited Proceedings.

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

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

trial forum. When a party is considering seeking expedited 

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

appeal and principal brief well before the applicable deadlines. For 

further information on expedition procedures, see the Practice Notes

to Rule 27.





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Federal Circuit Rules of Practice (December 1, 2020) – UPDATE Page 23

FEDERAL CIRCUIT RULE 8

Stay or Injunction Pending Appeal

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

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

the following:

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

invoke this court’s jurisdiction;

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

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

appeal; and

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

(b) Notice When Requesting Immediate Action.

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

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

that a motion will be filed.

(c) Statement.

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

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

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

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

injunction pending appeal was made in the trial court and remains 

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

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

it is not practicable to await a ruling by the trial court on that motion.
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Federal Circuit Rules of Practice (December 1, 2020) – UPDATE Page 24

PRACTICE NOTES TO RULE 8

Format Requirements.

See Federal Rule of Appellate Procedure 27 for format requirements 

concerning motions.

Emergency Rule 8 Filings.

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

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

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

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

outside of normal operating hours that require action before the next 

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

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

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

filing before the next business day.




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Federal Circuit Rules of Practice (December 1, 2020) – UPDATE Page 29

PRACTICE NOTES TO RULE 10

Procedures to Expedite Delivery of Transcripts.

District courts and regional circuit councils have procedures to 

expedite transcripts that may be available to counsel experiencing 

difficulty with late delivery of transcripts by court reporters.

Transcript Compliance; Transcript Purchase Order Form.

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

appellant may file a certificate with this court stating no transcript 

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

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

filing under Federal Rule of Appellate Procedure 32 and Federal 

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

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

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

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

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

preparing transcripts and notifying the court.



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Federal Circuit Rules of Practice (December 1, 2020) – UPDATE Page 33

FEDERAL CIRCUIT RULE 11

Forwarding the Record

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

Archival Storage.

(1) Record and Docket.

The district court clerk must:

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

sua sponte, orders otherwise; and

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

instead of the record.

(2) Archival Storage.

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

archival storage until this court issues its mandate.

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

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

Copying.

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

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

nonconfidential original papers, transcripts, and exhibits to 

prepare the appendix. This inspection and copying is subject to 

reasonable regulation by the trial court.

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

Copying.

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

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

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

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

governed by the order of this court.

(c) Protective Orders.

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

orders and modification thereof.

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Federal Circuit Rules of Practice (December 1, 2020) – UPDATE Page 35

PRACTICE NOTES TO RULE 12

Filing and Docketing an Appeal.

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

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

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

Representation Statement.

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

by filing the entry of appearance required under Federal Circuit Rule 

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

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

attorney to file an entry of appearance or representation statement.

Trial Court Intervenors.

Parties permitted to intervene in the trial court as plaintiffs or 

defendants will usually be identified only as plaintiff or defendant on 

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

intervene in the appeal.

Transferred Appeal.

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

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

previously docketed appeal from the same judgment or order.

Participation by Appellees.

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

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

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

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

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

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

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

an appellee from the official caption.

Consolidation.

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

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

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

may be consolidated on motion or by the court sua sponte.





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Federal Circuit Rules of Practice (December 1, 2020) – UPDATE Page 41

FEDERAL CIRCUIT RULE 15

(4) Filing and Payment.

A notice of appeal or petition for review submitted under this 

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

motion for leave to proceed in forma pauperis or other waiver, 

must be provided to this court in accordance with Federal 

Circuit Rule 25(b).

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

(1) Docketing Upon Receipt.

In a petition for review or appeal from an administrative

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

upon receipt.

(2) Untimeliness.

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

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

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

clerk of court concerning the untimeliness of the appeal or 

petition and the clerk may order the appellant to show cause 

why the appeal or petition should not be dismissed and refer 

the appellant’s response to the court.

(3) Notice of Docketing.

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

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

and the short case name.

(4) Official Caption.

The clerk of court will provide the parties with the official 

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

the official caption must be made promptly.

(c) Statement Concerning Discrimination.

(1) Petitioner’s Statement.

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

decision of the Merit Systems Protection Board or a decision of 

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

must file a statement indicating whether or not a claim of 

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

national origin, or handicapping condition has been or will be 
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Federal Circuit Rules of Practice (December 1, 2020) – UPDATE Page 42

FEDERAL CIRCUIT RULE 15

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

form prescribed by the court.

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

Motion or Brief.

If the petitioner in a case described in Federal Circuit Rule 

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

discrimination as to the case before the court, the respondent 

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

respondent concurs or disagrees with the petitioner’s statement 

concerning discrimination and indicate whether or not the 

respondent believes that the court has jurisdiction over the 

petition for review, with reasons provided as necessary.

(3) Failure to File.

Failure to file a completed discrimination statement may result 

in dismissal of the petition for review.

(d) Arbitrator Contact Information.

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

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

number.

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

§ 1071(a)(1).

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

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

copy of the notice with the clerk of court, and the clerk of court must 

dismiss the appeal.

(f) Judicial Review Under 38 U.S.C. § 502.

(1) Time for Filing.

A petition for judicial review of an action of the Secretary of the 

Department of Veterans Affairs under 38 U.S.C. § 502 must be 

filed with the clerk of court within sixty (60) days six (6) years 

after issuance of the action challenged in the petition. See 28 

U.S.C. § 2401(a).*

* Including in bold the emergency interim amendment issued on December 9, 2020.
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Federal Circuit Rules of Practice (December 1, 2020) – UPDATE Page 43

FEDERAL CIRCUIT RULE 15

(2) Parties.

The Secretary of Veterans Affairs must be named the 

respondent.

(3) Contents.

The petition for judicial review must describe how the persons 

seeking review are adversely affected and must specifically 

identify either of the following:

(A) the specific rules or other actions covered by 5 U.S.C. 

§ 552(a)(1) at issue in the petition; or

(B) the notice-and-comment rulemaking process covered by 

5 U.S.C. § 553 at issue in the petition.

(4) Procedure.

Except as provided in Federal Circuit Rule 15(e), the procedures 

applicable to a petition for judicial review under 38 U.S.C. § 502 

are the same as those for a petition for review under Federal 

Rule of Appellate Procedure 15 and Federal Circuit Rule 15.
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Federal Circuit Rules of Practice (December 1, 2020) – UPDATE Page 44

PRACTICE NOTES TO RULE 15

Time to Appeal or Petition.

The table below is provided only as a convenience to parties, who 

should refer to the statutes, rules, and case law before determining 

the period available for taking an appeal or filing a petition for review

and the event that starts the period.

AGENCY STATUTE TIME

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

Board of Contract 

Appeals 41 U.S.C. § 7107 120 days

Board of Directors, Office 

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

Bureau of Justice 

Assistance 42 U.S.C. § 3796c-2 90 days

Government 

Accountability Office 

Personnel Appeals Board

31 U.S.C. § 755 30 days

International Trade 

Commission 19 U.S.C. § 1337 60 days

Merit Systems 

Protection Board 5 U.S.C. § 7703 60 days

Patent Trial and Appeal 

Board; Trademark Trial 

and Appeal Board; 

Director of Patents and 

Trademarks

35 U.S.C. § 142; 15 

U.S.C. § 1071; 37 C.F.R. 

§§ 90.3(a)(1), 2.145

2 months 

or 63 days
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Federal Circuit Rules of Practice (December 1, 2020) – UPDATE Page 45

PRACTICE NOTES TO RULE 15

AGENCY STATUTE TIME

Secretary of Agriculture 7 U.S.C. § 2461 60 days

Secretary of Labor; 

Occupational Safety and 

Health Review 

Commission; Federal 

Labor Relations 

Authority; certain Merit 

Systems Protection 

Board cases and Equal 

Employment 

Opportunity Commission 

cases

28 U.S.C. § 1296 30 days

Secretary of Veterans 

Affairs

38 U.S.C. § 502; Fed. Cir. 

R. 15(f) 60 days

Filing in the Patent and Trademark Office.

A notice of appeal mailed to the Patent and Trademark Office should 

be addressed to

Office of the Solicitor

United States Patent and Trademark Office 

Mail Stop 8, Post Office Box 1450

Alexandria, Virginia 22313-1450.

The general counsel requests that hand delivery, if any, be made 

between the hours of 8:30 a.m. and 5:00 p.m. to

Office of the General Counsel

United States Patent and Trademark Office

Madison East, 10B20, 600 Dulany Street

Alexandria, Virginia 22314.

Copy of Decision or Order.

A party filing a petition for review or notice of appeal is urged to attach 

a copy of the decision or order of the agency for which review is sought.
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Federal Circuit Rules of Practice (December 1, 2020) – UPDATE Page 46

PRACTICE NOTES TO RULE 15

Intervention.

A party with the right to appeal or to petition for review may not,

instead of exercising that right, intervene in another appeal or 

petition to seek relief in its own cause. Because the United States or 

an agency of the United States is often the only appellee or respondent 

in cases under this rule, any other party seeking to intervene on the 

side of the appellee or respondent must move for leave to intervene 

within thirty (30) days after the date when the petition for review or 

notice of appeal is filed. A motion for leave to intervene out of time 

will be granted only in extraordinary circumstances.

Statement Concerning Discrimination.

Using Federal Circuit Form 10 satisfies the requirements under 

Federal Circuit Rule 15(c). The clerk of court will include Form 10 in 

the docketing package provided to any unrepresented petitioner 

seeking review of a decision of the Merit Systems Protection Board or 

an arbitrator.

Timeliness.

Except in inter partes appeals from decisions of the Patent Trial and 

Appeal Board or the Trademark Trial and Appeal Board, parties in 

agency proceedings do not have the 14-day “cross-appeal” period that 

Federal Rule of Appellate Procedure 4(a)(3) grants to parties 

appealing from trial courts. The court cannot waive the statutory time 

requirements for filing a petition for review or notice of appeal.

Consolidation.

When more than one party appeals, cross-appeals, or petitions for 

review from rulings in the same underlying proceeding, the petitions 

or appeals will usually be consolidated by the clerk of court. Appeals 

or petitions for review from decisions involving the same or related 

patents from the same tribunal will usually be consolidated. Other 

appeals or petitions may be consolidated on motion or by the court sua 

sponte.

Arbitration Awards in the United States Postal Service.

These arbitration awards may not be appealed to this court.
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Federal Circuit Rules of Practice (December 1, 2020) – UPDATE Page 47

PRACTICE NOTES TO RULE 15

Proper Governmental Party in Appeals from Boards of Contract 

Appeals.

In appeals from the boards of contract appeals, the title of the head of 

the federal agency is listed in the caption along with the name of the 

agency he or she heads.

Filing and Docketing a Petition for Review or Appeal.

A petition for review or appeal is filed when the petition for review or 

notice of appeal is received by the court or, in the case of an appeal 

from the Patent and Trademark Office, when the notice of appeal is 

received by the Director of the United States Patent and Trademark 

Office. A petition for review or appeal is docketed when it is listed on 

the electronic docket and assigned a docket number.

Change of Head of Agency.

In appeals in which the proper governmental party is the head of the 

agency, counsel for the government should promptly notify the clerk 

of court of any change that would affect the accuracy of the caption.

Expedited Proceedings.

The overall time for a review of an agency decision can be accelerated 

by the expeditious filing of a notice of appeal or petition for review

shortly after entry of the reviewable agency order. When the 

appellant or petitioner is considering seeking expedited proceedings 

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

petition for review and principal brief well before the deadline for such 

actions. For further information on expedition procedures, see the 

Practice Notes to Rule 27.

Participation by Appellees/Respondents.

An appellee or respondent desiring not to file a brief or join in another 

party’s brief should promptly notify the clerk of court.


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Federal Circuit Rules of Practice (December 1, 2020) – UPDATE Page 50

FEDERAL CIRCUIT RULE 17

Filing the Record

(a) Retaining the Record; Sending the Certified List.

The agency must retain the record and send to this court a certified 

list or index unless this court, on motion or sua sponte, orders 

otherwise. This requirement also applies to arbitrators whose 

decisions are reviewable by this court.

(b) Certified List or Index.

(1) From the United States Patent and Trademark Office.

No later than forty (40) days after this court dockets an appeal, 

the Director must send to the clerk of court the certified list and 

a copy of the decision or order appealed. This constitutes 

compliance with the requirement of 35 U.S.C. § 143 and 15 

U.S.C. § 1071(a)(3) for sending a certified record to the court.

(2) From Another Agency.

No later than forty (40) days after the court serves a petition for 

review or notice of appeal on an agency, the agency must send 

to the clerk of court the certified list or index and a copy of the 

decision or order being appealed.

(3) Index of VA Rulemaking Record.

In petitions for review under 38 U.S.C. § 502, if a petitioner has 

not adequately identified the rulemaking proceeding 

complained of, so that the Secretary of Veterans Affairs cannot 

send the certified list or index within the time provided in 

Federal Circuit Rule 17(b)(2), the Secretary must promptly 

move to waive or extend the time for filing the certified list or 

index.

(c) Service of Certified List or Index by Agency.

When an agency sends a certified list or index to the clerk of court, it 

must simultaneously serve a copy on the parties and provide a 

certificate of service to the clerk of court.
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Federal Circuit Rules of Practice (December 1, 2020) – UPDATE Page 51

FEDERAL CIRCUIT RULE 17

(d) Access of Parties and Counsel to Original Record.

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

and Copying.

When a petition for review or notice of appeal is filed, the agency 

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

the nonconfidential original papers, transcripts, and exhibits to 

prepare the appendix. This inspection and copying is subject to 

reasonable regulation by the agency.

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

Copying. 

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

copy material contained in the record governed by a protective 

order of an agency in accordance with that order. If this court 

modifies or annuls the protective order, the access of a party or 

counsel is governed by the order of this court.

(e) Protective Orders.

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

orders and modification thereof.

PRACTICE NOTES TO RULE 17

Transcript of Agency Proceeding at Government Expense.

These rules do not require an agency to provide a party with a written 

transcript at the agency’s expense. Any party seeking a written 

transcript of a hearing should direct the request to the agency, not the 

court.

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Federal Circuit Rules of Practice (December 1, 2020) – UPDATE Page 53

FEDERAL CIRCUIT RULE 18

Stay Pending Review

(a) Petition for Review or Notice of Appeal; Agency Order.

A petition for review or notice of appeal must be filed with this court 

before it will entertain a motion for a stay or injunction pending 

review. A motion for stay or injunction pending review must be 

accompanied by a certificate of interest under Federal Circuit Rule 

47.4, a copy of the agency decision on the merits, and a copy of any 

agency order on the motion for a stay or injunction pending review.

(b) Notice When Requesting Immediate Action.

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

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

parties that a motion will be filed.

(c) Statement.

If an initial motion for a stay pending review was not made in the 

agency under Federal Rule of Appellate Procedure 18(a), the movant 

must include in its motion in this court a statement explaining why it

was not practicable to do so. If an initial motion for a stay pending 

review was made in the agency and remains pending, the movant 

must include in its motion in this court a statement specifically 

identifying when it filed the motion in the agency and why it is not 

practicable to await a ruling by the agency.
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Federal Circuit Rules of Practice (December 1, 2020) – UPDATE Page 54

PRACTICE NOTES TO RULE 18

Format Requirements.

See Federal Rule of Appellate Procedure 27 for format requirements 

concerning motions.

Emergency Rule 18 Filings.

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

(or in anticipation of filing) a Rule 18 motion. On weekdays from 8:30 

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

275-8055. To notify the Clerk’s Office of emergency Rule 18 filings 

outside of normal operating hours that require action before the next 

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

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

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

filing before the next business day.



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Federal Circuit Rules of Practice (December 1, 2020) – UPDATE Page 58

FEDERAL CIRCUIT RULE 21

Writs of Mandamus and Prohibition, and Other Extraordinary Writs

(a) Title; Fee; Response.

(1) A petition for writ of mandamus or prohibition directed to a court 

or an agency must be entitled: “In Re [name of petitioner], 

Petitioner.”

(2) The petition must include a certificate of interest under Federal 

Circuit Rule 47.4. An entry of appearance for principal counsel 

under Federal Circuit Rule 47.3 must accompany the petition, 

unless the petitioner is unrepresented.

(3) The petition must include proof of service under Federal Rule of 

Appellate Procedure 25(d) and be served outside the court’s 

electronic filing system.

(4) A petition filed under this rule must be filed with this court in 

accordance with Federal Circuit Rule 25(b). The fee set forth in 

Federal Circuit Rule 52, or a motion for leave to proceed in forma 

pauperis or other waiver, must accompany the petition.

(5) No response may be filed unless ordered by the court.

(b) Reply.

If the court directs the filing of a response to a petition, then the petitioner

may file a reply. Unless otherwise ordered, the petitioner may file a reply 

within seven (7) days after the date of the filing of the response. The court 

may act on the petition before receipt of any reply, and thus the filing of 

a reply should be expedited if appropriate. The reply may not exceed 

3,900 words if produced electronically or fifteen (15) pages otherwise.

(c) Copies; Brief.

(1) If the original petition, response, or reply is filed in paper form,

then no additional copies are required.

(2) The filer of a petition, response, or reply must not submit a separate 

brief in support of its filing.

(d) Service of Order Denying Petition.

If the petition is denied, the petitioner must serve a copy of the order 

denying the petition on all persons served with the petition unless such a 

person has entered an appearance in the proceeding or has been sent a 

copy of the order by the clerk of court.
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Federal Circuit Rules of Practice (December 1, 2020) – UPDATE Page 59

FEDERAL CIRCUIT RULE 21

(e) Amicus Curiae Brief.

An amicus curiae brief supporting a petition must be accompanied by a 

motion for leave to file and be filed no later than four (4) days after the 

petition is docketed. An amicus curiae brief in opposition to a petition 

must be accompanied by a motion for leave and be filed no later than the 

date the court directs for parties to respond to the petition. The court may 

act on the petition before leave is sought, and thus the filing of a brief and 

a motion for leave should be expedited if appropriate. Federal Rules of 

Appellate Procedure 29(a)(3) and 29(a)(4) apply to the motion and brief, 

except that the brief may not exceed 3,900 words if prepared electronically 

or fifteen (15) pages otherwise.

(f) Petition for Panel Rehearing or Rehearing En Banc.

Federal Rule of Appellate Procedure 40 and Federal Circuit Rule 40 apply 

to any petition for panel rehearing. Federal Rule of Appellate Procedure 

35 and Federal Circuit Rule 35 apply to any petition for rehearing en banc 

or a combined petition for panel rehearing and rehearing en banc.



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Federal Circuit Rules of Practice (December 1, 2020) – UPDATE Page 63

PRACTICE NOTES TO RULE 24

Docketing Fee; Transcript Request.

A party permitted to proceed in forma pauperis on appeal is not 

required to pay the docketing fee. Any request for a transcript of an 

agency proceeding at government expense is governed by agency 

regulations and must be directed to the agency.

Proceeding on Original Record.

A request under Federal Rule of Appellate Procedure 24(c) that an 

appeal be heard on the original record is rarely granted because the 

available informal brief procedure permits an appendix consisting 

only of a copy of the decision or order sought to be reviewed. See 

Federal Circuit Rule 30(h); Federal Circuit Forms 11–17.

Effect of Prison Litigation Reform Act.

Under the Prison Litigation Reform Act of 1995, a prisoner granted 

pauper status before the district court is not automatically entitled to 

pauper status on appeal. See 28 U.S.C. § 1915. A prisoner seeking to 

proceed in forma pauperis is directed to the Guide for Unrepresented

Petitioners and Appellants for further information.

Forms.

Using Federal Circuit Form 6 satisfies the requirements for a motion 

and affidavit for leave to proceed in forma pauperis under Federal 

Circuit Rule 24(a). Using Federal Circuit Form 6A satisfies the 

requirement for incarcerated movants to file a supplemental form for 

prisoners under Federal Circuit Rule 24(b).




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Federal Circuit Rules of Practice (December 1, 2020) – UPDATE Page 68

FEDERAL CIRCUIT RULE 25

Filing and Service

(a) General Filing Requirements.

(1) Filing Methods.

Where these rules discuss electronic filing, it exclusively refers 

to use of the court’s electronic filing system. Unless authorized 

in advance by the court or the clerk of court, facsimile and email 

transmission of documents will not be accepted.

(A) Represented Parties.

Parties represented by counsel must submit all 

documents in Portable Document Format (PDF) using 

the court’s electronic filing system and following the 

instructions and requirements in the court’s Electronic 

Filing Procedures.

(B) Unrepresented Parties.

Following public notice, the clerk of court may provide for 

unrepresented parties to file electronically and may 

establish necessary procedures and requirements 

consistent with these rules. Once electronic filing is 

available, an unrepresented party must inform the court 

within fourteen (14) days after that party’s case is 

docketed whether the filer elects to submit documents in 

paper form or register for electronic filing and submit 

documents in PDF through the court’s electronic filing 

system; following this election, the party may not change 

methods in that case without leave of the court or the 

clerk of court for good cause shown. An unrepresented 

party may use either method to submit case-initiating 

documents and may elect to file using different methods 

in each separate case. If an unrepresented party elects 

to file electronically, Federal Circuit Rule 25(c)(1)

applies.*

*Ed. Note: Electronic filing for unrepresented parties was made available beginning on October 1, 

2020. Case-initiating documents from unrepresented parties may be submitted via mail or email to 

prose@cafc.uscourts.gov.
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FEDERAL CIRCUIT RULE 25

(2) Electronic Filer Registration.

Attorneys who appear before this court and unrepresented 

parties choosing to file electronically must register for the 

court’s electronic filing system. Registration requirements are 

located in the court’s Electronic Filing Procedures. Registration 

for electronic filing is not a substitute for admission to the bar 

or appearance in a case. Unrepresented paper filers may 

register for electronic filing at any point, and they may elect to 

file electronically after registration is approved by the court.

(3) Restrictions on Electronic Filers.

Registration for the court’s electronic filing system constitutes 

an agreement by the filer to abide by all the procedures and 

requirements set forth in the court’s Electronic Filing 

Procedures. Following notice and an opportunity to respond, 

the clerk of court may restrict or revoke electronic filing 

privileges for users who have either (A) repeatedly failed to 

comply with these procedures and requirements or (B) failed to 

maintain appropriate security of account credentials.

(4) Electronic Filing Procedures.

The clerk of court is authorized to adopt Electronic Filing 

Procedures governing the administrative and technical 

requirements and procedures for using the court’s electronic 

filing system. * However, nothing in the Electronic Filing 

Procedures may contradict the Federal Rules of Appellate 

Procedure, the Federal Circuit Rules, or any applicable federal 

law.

(5) Change of Name or Contact Information.

Filers must immediately submit an amended appearance under 

Federal Circuit Rule 47.3 to notify the clerk of court of a change 

of name or contact information, including an email address for 

electronic service. Electronic filers must also update their 

information in the court’s electronic filing system. Failure to 

maintain current contact information with the clerk of court 

may result in the suspension of electronic filing privileges or 

missed notifications.

*Ed. Note: http://www.cafc.uscourts.gov/sites/default/files/cmecf/ElectronicFilingProcedures.pdf.
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Federal Circuit Rules of Practice (December 1, 2020) – UPDATE Page 70

FEDERAL CIRCUIT RULE 25

(b) Case-Initiating Documents.

Documents such as appeals filed directly with this court, petitions for 

review, petitions for writs of mandamus, petitions for permission to 

appeal, and motions for stays or injunctions under Federal Rule of 

Appellate Procedure 8 or 18 are considered case-initiating documents 

if the appeal or petition has not been docketed.

(1) Electronic Submissions.

A case-initiating document is considered filed at the time and 

date registered by the court’s electronic filing system. No paper 

copy is required. Parties represented by a member of the bar of 

this court must submit case-initiating documents electronically.

(2) Nonelectronic Submissions.

Unrepresented parties or parties represented at the lower 

tribunal by counsel who are not members of the bar of this court 

may choose to submit case-initiating documents in paper. Only 

one paper copy is required of any case-initiating document 

submitted in paper. Once the notice of docketing is issued, an 

unrepresented party must follow Federal Circuit Rule 25(a)(1).

(c) All Other Documents.

(1) Submissions by Electronic Filers.

A document submitted electronically is deemed filed on the date 

and time stated on the Notice of Docket Activity generated from 

the court’s electronic filing system. Paper copies must not be 

provided to the court except to the extent required by Federal 

Circuit Rule 25(c)(3) or as ordered by the court.

(A) Motion for Exemption.

A motion for exemption from electronic filing 

requirements may be submitted in paper form. Upon a 

showing of good cause, the court may exempt a filer from 

electronic filing requirements and authorize filing by 

other means.

(B) Items That Cannot Be Filed Electronically.

Exhibits, attachments, or appendices that are not in a 

format that readily permits electronic filing — such as 

those which are illegible when scanned or which, because 

of their odd shape, are unable to be scanned — may be 
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Federal Circuit Rules of Practice (December 1, 2020) – UPDATE Page 71

FEDERAL CIRCUIT RULE 25

filed in physical form without leave of court. The party 

must file electronically a Notice of Physical Filing and 

submit the original exhibit, attachment, or appendix in 

physical form to the clerk of court within five (5) business 

days after filing the notice. If such an item is part of a 

brief, appendix, or petition, then additional copies must 

be provided in the same number and within the same 

timeframe as the paper copies of the brief, appendix, or 

petition. For electronic appendix material that is unable 

to be reproduced in paper, Federal Circuit Rule 30(i)

applies, and a separate Notice of Physical Filing is not 

required.

(C) Technical or System Failures.

An electronic filer whose filing is untimely as the result 

of a technical or system failure may file a motion for leave 

to file out of time that includes (1) a declaration or 

affidavit attesting to the failed attempts to file 

electronically and (2) the document that could not be filed 

due to the technical or system failure.

(2) Submissions by Nonelectronic Filers.

A document submitted in paper form is deemed filed on the date 

and time it is received by the court. Additional paper copies 

must not be provided to the court except to the extent required 

by Federal Circuit Rule 25(c)(3) or as ordered by the court.

(A) Originals.

Nonelectronic filers, including counsel exempted from 

electronic filing requirements, must file one original of 

each document. If a party chooses to file required paper 

copies at the same time as the original submission, then 

the original will count toward the number of paper 

copies.

(B) Paper Records.

The clerk of court will scan originals provided in paper 

and make the scanned documents part of the court’s 

official record through its electronic filing system. After 

the scanned documents are entered into the court’s 

electronic filing system, the paper documents will be 
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Federal Circuit Rules of Practice (December 1, 2020) – UPDATE Page 72

FEDERAL CIRCUIT RULE 25

discarded in accordance with judiciary records 

management policies.

(3) Paper Copies.

Except as provided in this subsection or as ordered by the court, 

electronic filers must not provide paper copies to the court. 

When paper copies are required, the clerk of court will note 

receipt of those copies on the electronic docket.

(A) Briefs and Appendices During Initial 

Consideration.

During initial consideration of a case on the merits, six 

(6) paper copies — or three (3) for cases briefed 

informally — of each brief and appendix must be 

provided to the court within five (5) business days after 

the court’s issuance of a notice requesting paper copies.

(B) Petitions for Panel Rehearing.

Three (3) paper copies of any petition for panel rehearing, 

related response, or related brief amicus curiae must be

provided to the court within two (2) business days after 

the filing of the petition, response, or brief.

(C) En Banc or Combined Petitions.

Eighteen (18) paper copies — or three (3) for 

unrepresented parties — of any petition for en banc 

hearing, petition for en banc rehearing, combined 

petition for panel and en banc rehearing, related 

response, or related brief amicus curiae must be provided 

to the court within two (2) business days after the filing 

of the petition, response, or brief.

(D) Briefs and Appendices in En Banc Cases.

If the court orders en banc hearing or rehearing, twentyeight (28) paper copies of each brief and appendix filed in 

the case prior to the date of the court’s order must be 

provided to the court within five (5) business days after 

that order. Twenty-eight (28) paper copies of each brief 

and appendix filed during en banc consideration must be 

provided to the court within five (5) business days after 

the filing of the document.
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Federal Circuit Rules of Practice (December 1, 2020) – UPDATE Page 73

FEDERAL CIRCUIT RULE 25

(E) Confidential Versions.

If a confidential document is filed in two versions 

pursuant to Federal Circuit Rule 25.1, then only paper 

copies of the confidential version must be provided to the 

court.

(F) Corrected Versions.

If a party has not yet filed paper copies of a document 

and that party has electronically filed a corrected version 

of that document, then only paper copies of the corrected 

version must be provided to the court.

(4) Review and Correction by the Clerk of Court.

The clerk of court may require the filing of a corrected copy of 

any submission that fails to comply with the court’s rules or the 

Electronic Filing Procedures. If a party fails to file a timely 

corrected copy in response to a notice requiring correction from 

the clerk of court, the clerk of court may strike the noncompliant document from the docket. The clerk of court may 

also edit docket entries to correct or to add text or attachments,

and any such revision will be identified on the docket.

(d) Format of Documents.

Documents filed electronically and in paper must comply with the 

format requirements set forth in the Federal Rules of Appellate 

Procedure, the Federal Circuit Rules, and the court’s Electronic Filing 

Procedures.

(e) Service.

(1) Electronic Filings.

A filing does not require proof of service if it is served on all 

parties through the court’s electronic filing system. Service of 

a filing to a user’s email address registered with the court’s 

electronic filing system at the time of the filing constitutes valid 

service, even if the user has failed to timely provide an updated 

valid email address and the served email address is invalid. 

Any nonelectronic filers in the case must be served in paper or 

by an alternative method of service permitted by Federal Rule 

of Appellate Procedure 25(c); the filing must include proof of 

service noting the method of service.
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Federal Circuit Rules of Practice (December 1, 2020) – UPDATE Page 74

FEDERAL CIRCUIT RULE 25

(2) Paper or Physical Filings.

A copy of any original filing submitted to the court in paper 

must be served on all other parties in paper. The original must 

include proof of service. If a Notice of Physical Filing is filed 

pursuant to Federal Circuit Rule 25(c)(1)(B), then a copy of the 

physical filing must be served on all other parties and the notice 

must include proof of service of the physical filing.

(3) Confidential Material.

Filers cannot serve confidential information through the court’s 

electronic filing system. When a document is filed in two 

versions pursuant to Federal Circuit Rule 25.1, the filer must

serve all other authorized parties using one of the other service 

methods permitted by Federal Rule of Appellate Procedure 

25(c).

(4) Consent to Electronic or Alternative Service.

Except for the service of confidential material under Federal 

Circuit Rule 25(e)(3), registration as an electronic filer 

constitutes consent to electronic service of all documents by the 

court’s electronic filing system. Parties, including nonelectronic 

filers, may consent in writing to electronic service by other 

means. Absent such an agreement, Federal Rule of Appellate 

Procedure 25(c)(1) applies.

(5) Service of Papers Before Appearance.

Service of a filing on a party for which counsel has not yet 

entered an appearance must be made on counsel of record for 

the party in the proceeding below at that counsel’s last known 

address, or, if unrepresented, on that party directly.

(f) Private, Confidential, or Sealed Information.

Requirements for filing private, confidential, and sealed material with 

the court are detailed in Federal Circuit Rule 25.1.

(g) Signatures.

(1) Electronic Signature.

(A) An electronic signature consists of either (1) the printed 

name of the individual preceded by the mark “/s/” entered 

on the signature line or (2) an electronic signature from 

a commercial provider that complies with the Electronic 
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Federal Circuit Rules of Practice (December 1, 2020) – UPDATE Page 75

FEDERAL CIRCUIT RULE 25

Signatures in Global and National Commerce Act 

(ESIGN) (15 U.S.C. § 7001). The electronic signature 

must appear where the signature would otherwise 

appear.

(B) The clerk of court will only accept a document with an 

electronic signature when (1) the name of the electronic 

signer matches the name on the account used to file the 

document in the court’s electronic filing system or (2) 

multiple signatures are present pursuant to Federal 

Circuit Rule 32(g).

(2) Form of Signature.

Where the rules require a signature on a document filed 

electronically, an electronic signature may be used. For 

documents filed in paper form, an original, handwritten 

signature must be used. An original signature is not required 

on paper copies required by Federal Circuit Rule 25(c)(3). 

Applications for admission to this court’s bar must always bear 

either (A) handwritten signatures or (B) an ESIGN compliant 

electronic signature by the applicant and any sponsor. 

However, the oath of admission must bear a handwritten 

signature.

(3) Retention of Documents.

Documents that are electronically filed and require original 

signatures other than that of the filer (such as an affidavit 

signed by a person other than the filer) must be maintained in 

original form by the filer until the issuance of the mandate with 

no right of appeal or until such later date as the court 

prescribes. On request of the court, the filer must provide 

original documents for review.

(h) Sanctions for Failure to Comply.

Failure to comply with the court’s rules may result in dismissal of the 

appeal or other action as deemed appropriate by the court.

(i) Corrections to Filings.

(1) General.

A document may not be corrected merely by filing or appending 

an errata sheet. A party wishing to make non-substantive 

corrections to any document currently on file with the clerk of 
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Federal Circuit Rules of Practice (December 1, 2020) – UPDATE Page 76

FEDERAL CIRCUIT RULE 25

court must file a Notice of Correction. Substantive corrections 

may only be made with leave of the court.

(2) Format.

A corrected document must indicate “corrected” in the title or 

on the cover. A new proof of service must be attached to any 

corrected filing that is not being served through the court’s 

electronic filing system.

(3) Notice of Correction.

A Notice of Correction must be filed contemporaneously with 

the corrected document and must specifically delineate each 

correction. A Notice of Correction is not required for changes to 

a document when those changes have been ordered by the court 

or the clerk of court.

(4) Required Copies.

If paper copies have already been submitted, an adequate 

number of corrected paper copies must be filed.
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Federal Circuit Rules of Practice (December 1, 2020) – UPDATE Page 77

PRACTICE NOTES TO RULE 25

Location of Clerk’s Office; Hours of Operation; Night Box.

The clerk’s office is in Room 401 of the National Courts Building, 717 

Madison Place, NW, Washington, DC 20439, and is open from 8:30 a.m. 

to 4:30 p.m. on workdays. After the office closes on workdays, papers may 

be deposited until midnight in a night box at the garage entrance on H 

Street NW, between 15th Street and Madison Place.

Clerk’s Mailing Address.

Address mail as follows:

Clerk of Court

United States Court of Appeals for the Federal Circuit

717 Madison Place NW

Washington, DC 20439

The clerk of court will not pay postage due.

Return Copy Marked Received.

When a brief or other paper is presented for filing and the filer provides 

a copy to be marked “received,” the clerk of court will mark it received 

and return it. If the filing is by mail or if the night box is used, a selfaddressed, postage-paid (first class) return envelope must accompany the 

request.

Unrepresented Party Who Is a Member of the Bar.

If an unrepresented party is also a member of the court’s bar, that 

individual may proceed under the rules applicable for either represented 

or unrepresented parties, but not both in a single case.

Paper Copies of Briefs and Appendices.

Counsel should not submit paper copies of any briefs or appendices 

required under Federal Circuit Rule 25(c)(3)(A) until after the court 

issues a notice indicating that the copies are due and the deadline for 

filing these copies. In typical, non-expedited cases, the clerk of court 

issues this notice shortly after briefing concludes. Paper copies for 

petitions and briefs related to panel rehearing, en banc hearing, or en 

banc rehearing are due after the filing of the electronic version as 

required by Federal Circuit Rule 25(c)(3)(B)-(D).

Confidential Filings.
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Federal Circuit Rules of Practice (December 1, 2020) – UPDATE Page 78

PRACTICE NOTES TO RULE 25

For purposes of these rules, documents filed as “confidential” are treated 

the same as documents filed “under seal.”

Unrepresented Party Filing Election.

Using Federal Circuit Form 8B satisfies the requirement for an 

unrepresented party to notify the court of the elected filing method under 

Federal Circuit Rule 25(a)(1)(B).

Certificate of Service.

Using Federal Circuit Form 30 satisfies the requirements for proof of 

service under Federal Rule of Appellate Procedure 25(d) and Federal 

Circuit Rule 25(e).

FEDERAL CIRCUIT RULE 25.1

Privacy and Confidentiality

(a) Scope.

(1) Availability to the Public.

Unredacted material included in nonconfidential or unsealed 

filings is presumed to be public. After five (5) years following the 

end of all proceedings in this court, the court may direct the 

parties to show cause why confidential filings (except those 

protected by statute) should not be unsealed and made available 

to the public.

(2) Restricted Access.

At the time of filing, access to confidential or sealed documents 

will be restricted to authorized court personnel only. If a party or 

its counsel has not been authorized access to confidential or 

sealed material under a governing protective order, any filing 

containing such material must include the pertinent protective 

order with a cover letter indicating which parties or counsel are 

not authorized access. The court may provide access to 

confidential or sealed material to all parties and counsel in a case 

who are not identified on such a cover letter. Any confidential or 

sealed document filed without a cover letter is assumed to be 

accessible by all parties and counsel in the case.
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Federal Circuit Rules of Practice (December 1, 2020) – UPDATE Page 79

FEDERAL CIRCUIT RULE 25.1

(3) Responsibility for Review.

The parties and their counsel are solely responsible for redacting 

restricted or sensitive materials from documents, identifying any 

counsel or parties to the case not permitted to access confidential 

or sealed material, and properly filing confidential or sealed 

material. The clerk of court is not required to review documents 

to ensure material has been appropriately redacted.

(4) Redactions.

No material may appear redacted in a filing with this court except 

as provided in Federal Rule of Appellate Procedure 25(a)(5) or 

Federal Circuit Rules 25.1(b), 25.1(d), or 30(c)(2), or if that 

material was only filed in redacted form at the trial court or 

agency.

(b) Personally Identifiable Information.

All parties must refrain from including or must redact personally 

identifiable information (PII) from documents filed with the court. 

Documents that contain only redacted PII and no other confidential 

markings are not required to adhere to Federal Circuit Rule 25.1(e). The 

requirement to redact PII may be waived by the inclusion of a statement 

of consent. Examples of PII include the following:

(1) Social security numbers;

(2) Financial account numbers;

(3) Names of minors (use instead the minor’s initials);

(4) Dates of birth (use the year only); and

(5) Home addresses (use the city and state only).

(c) Protective Orders.

(1) Status of a Protective Order on Appeal.

In general, any portion of the record that was subject to a 

protective order in the trial court or agency must remain subject 

to that order on appeal or review. Material will lose its status as 

subject to a protective order, however, if and when it has been 

removed from protected status under subsection (2) below or has 

appeared in a filing without being marked confidential. This 

court, sua sponte, may direct the parties to show cause why a 

protective order should not be modified.
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Federal Circuit Rules of Practice (December 1, 2020) – UPDATE Page 80

FEDERAL CIRCUIT RULE 25.1

(2) Agreement by Parties to Modify a Protective Order.

If any portion of the record in the trial court or agency is subject 

to a protective order and a notice of appeal or petition for review 

has been filed, each party must promptly review the record to 

determine whether protected portions need to remain protected 

on appeal. If a party determines that some portion no longer 

needs to be protected, that party must seek an agreement with 

the other parties. Any agreement that is reached must be 

promptly presented to the trial court or agency, which may issue 

an appropriate order.

(A) Certificate of Compliance.

In appeals of proceedings subject to a protective order in 

the trial court or agency, each party must file a certificate 

of compliance no later than the time for filing the appendix 

stating it complied with this rule.

(B) Exclusion.

This requirement does not apply to cases arising under 19 

U.S.C. § 1516a or to third-party information marked 

confidential.

(d) Confidential Marking Limitations; Motions to Exceed 

Limitations.

(1) Motions, Petitions, Responses, Replies, and Briefs.

Material in a motion, petition, response, reply, or brief may only 

be marked confidential to the extent noted in subsections (A)–(C) 

below, and only if the information (1) is treated as confidential 

pursuant to a judicial or administrative protective order and (2) 

such marking is authorized by statute, administrative regulation, 

or court rule (such as Federal Rule of Civil Procedure 26(c)(1)). 

Otherwise, no material may be marked confidential, including 

references to information previously treated as confidential 

pursuant to a protective order.*

(A) General Limitation.

*The parties must be prepared to justify to the court any claim of confidentiality. See the Practice 

Notes to Rule 25.1 (Justification for Claim of Confidentiality) and Rule 34 (Justification for Claim of 

Confidentiality).
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Federal Circuit Rules of Practice (December 1, 2020) – UPDATE Page 81

FEDERAL CIRCUIT RULE 25.1

Each motion, petition, response, reply, or brief may mark 

as confidential up to fifteen (15) unique words (including 

numbers).

(B) Limitation for Cases Under 19 U.S.C. § 1516a or 28 

U.S.C. § 1491(b).

In cases arising under 19 U.S.C. § 1516a or 28 U.S.C. 

§ 1491(b), each motion, petition, response, reply, or brief 

may mark confidential up to fifty (50) unique words 

(including numbers).

(C) Exclusions.

When a phrase is marked confidential in a filing, the words 

in the phrase count against the unique word allotment for 

that filing; but repeating the same confidential material in 

the same filing does not use up any more of the unique 

word allotment. If a responsive filing uses material 

previously marked confidential in the filing(s) to which it 

responds, that material does not count against the unique 

word allotment for the responsive filing.

(D) Applicability.

The limitations of Federal Circuit Rule 25.1(d)(1) do not 

apply to appendices; attachments; exhibits; and addenda to 

motions, petitions, responses, replies, or briefs.

(2) Other Documents.

Material that is covered by a protective order or that has 

confidentiality imposed on it by a statute, rule, or regulation may 

be marked confidential in any filing other than those subject to 

Federal Circuit Rule 25.1(d)(1) without any limitation on the 

number of markings. Material that has lost its protective 

coverage under Federal Circuit Rule 25.1(c) may not be marked 

confidential.

(3) Motion to Waive Requirements.

A party seeking to mark more words confidential than permitted 

must file a motion with this court. Access to a filing accompanied 

by a motion to waive confidentiality requirements will be 

restricted in accordance with Federal Circuit Rule 25.1(a) and 

will remain restricted should the motion be denied, unless 

ordered otherwise.
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Federal Circuit Rules of Practice (December 1, 2020) – UPDATE Page 82

FEDERAL CIRCUIT RULE 25.1

(A) Contents.

The motion must identify the total number of unique words 

sought to be marked confidential and establish why the 

additional markings are appropriate and necessary 

pursuant to a statute, administrative regulation, or court 

rule. For example, a party may establish that an argument 

cannot be properly developed without additional disclosure 

of confidential information, and public disclosure will risk 

causing competitive injury. All motions should explain in 

detail the propriety of confidentiality and provide reasons 

and/or legal citations for each source of information sought 

to be marked as confidential. 

(B) Time for Filing.

The motion must be filed contemporaneously with the 

document for which waiver of confidentiality requirements 

is sought.

(C) Court Action.

If the motion is denied in whole or in part, an amended 

filing that complies with the confidentiality limitations 

must be filed within ten (10) days after the action on the 

motion. Any amended filing that still does not meet the 

confidentiality limitations must be submitted with a new 

motion.

(e) Contents and Format for Confidential Filings.

(1) Two Versions.

A document containing material subject to confidentiality as 

permitted by Federal Circuit Rule 25.1(d) must be filed with the 

court in two versions: a confidential version that notes the 

material marked confidential, and a nonconfidential version 

containing appropriate redactions.

(A) Confidential Version.

The cover or front page of the confidential version must be 

labeled “confidential,” either centered at the top or 

contained in the title. If confidentiality will end on a 

certain date or upon the happening of an event, this must 

be stated on the cover or front page (e.g., 

“CONFIDENTIAL UNTIL [DATE],” or “CONFIDENTIAL 
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Federal Circuit Rules of Practice (December 1, 2020) – UPDATE Page 83

FEDERAL CIRCUIT RULE 25.1

DURING JUDICIAL REVIEW”). Each page containing 

confidential material must enclose this material in 

brackets or indicate this material by highlighting. The 

confidential version of an appendix must include at the 

beginning (i.e., in front of the judgment or order appealed 

from) pertinent excerpts of any statutes imposing 

confidentiality or the entirety of any judicial or 

administrative protective order.

(B) Nonconfidential Version.

The cover or front page of the nonconfidential version must 

be labeled “nonconfidential,” either centered at the top or 

contained in the title. Each page from which material 

subject to a protective order has been deleted or redacted 

must bear a legend so stating. Except for redactions in 

exhibits, addenda, and appendices, an adequate, general 

descriptor of the material must appear over the deletion or 

redaction. The table of contents must include a paragraph 

describing the general nature of the confidential material

that has been deleted and applicable page numbers. If the 

document does not contain a table of contents, this 

paragraph must be the first paragraph of the document. 

(2) Certificate of Confidential Material.

A motion, petition, response, reply, or brief that includes material 

marked confidential under Federal Circuit Rule 25.1(d)(1) must 

be accompanied by a certificate that indicates the exact number 

of unique words (including numbers) sought to be marked 

confidential. It is the responsibility of the filing party to ensure 

that the certificate of confidential material is accurate.

PRACTICE NOTES TO RULE 25.1

Describing the General Nature of Confidential Material Deleted 

from the Nonconfidential Version.

The following example is acceptable:

CONFIDENTIAL MATERIAL OMITTED
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Federal Circuit Rules of Practice (December 1, 2020) – UPDATE Page 84

PRACTICE NOTES TO RULE 25.1

The material omitted on page 42 describes the circumstances of an 

alleged lost sale; the material omitted in the first line of page 43 

indicates the dollar amount of an alleged revenue loss; the material 

omitted on page 44 indicates the quantity of the party’s inventory and 

its market share; the material omitted in the text on page 45 describes 

the distributor’s experiences concerning the inventories and order lead 

times; and the material omitted in the footnote on page 45 describes 

non-price factors affecting customers’ preferences between competing 

methods.

Justification for Claim of Confidentiality.

Unnecessarily designating material in the briefs and appendix as 

confidential abrogates the right of public access and may hinder the 

court’s preparation and issuance of opinions. Counsel must be 

prepared to justify at oral argument any claim of confidentiality.

Noting Redactions in the Nonconfidential Version.

When a page redacts confidential information, the legend noting the 

redaction should appear in the margin of the page. When including a 

general descriptor of redacted information, that description must 

appear in place of the redacted information, e.g., “dollar amount,” 

“number of items,” “chemical name.” If an entire page is redacted, a 

slip sheet may be included, and the legend may appear in the center 

of the sheet. If a consecutive range of entire pages is redacted, the 

filer may include one slip sheet with a legend representing the 

redaction of that range of pages.

Noting Confidential Material in the Confidential Version.

The court requires that confidential information be clearly identifiable 

in the confidential version, and the filer should ensure that 

highlighting will not obscure text or be confused with other identifiers 

elsewhere in the document. Brackets should be sized appropriately to 

ensure they are readily recognizable. If an entire page is to be marked 

confidential, the filer may include large brackets on the left and right 

margin of the page or highlight the entire page. The highlight may be 

in the form of a box over the entire page or a clearly highlighted border 

surrounding the page.

Record Material That Exists in Two Versions.

When material that is part of the record had a sealed and a public 

version of that document, such as an underlying opinion or order, then 

the confidential appendix should include the sealed version and the 
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Federal Circuit Rules of Practice (December 1, 2020) – UPDATE Page 85

PRACTICE NOTES TO RULE 25.1

nonconfidential appendix should include the public version. The two 

versions must be appropriately highlighted or bracketed. If one 

version is longer than the other, the shorter version should include 

slip sheets to cover the additional missing pages in its corresponding 

version.

Confidential Filings.

For purposes of these rules, documents filed as “confidential” are 

treated the same as documents filed “under seal.”

Certificate of Confidential Material.

Using Federal Circuit Form 31 satisfies the certificate requirements 

of Federal Circuit Rule 25.1(e)(2).



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Federal Circuit Rules of Practice (December 1, 2020) – UPDATE Page 89

FEDERAL CIRCUIT RULE 26

Computing and Extending Time

(a) Computation of Time; Inaccessibility of the Clerk’s Office.

(1) Legal Holiday.

“Legal holiday” also means a day on which the clerk’s office is 

closed by order of the court or the chief judge. Such an order 

will be posted publicly.

(2) Calculating Deadlines.

Unless otherwise ordered, the timeliness of any responsive 

document is computed from the date of service of the original 

submission, regardless of any corrections made by the party. 

Should leave of the court be required to file a document, the 

deadline for any responsive document will be triggered by the 

court’s order on the motion for leave, unless otherwise ordered. 

If a document is served on a Saturday, Sunday, or legal holiday, 

timeliness for any responsive document will be calculated from 

the next business day. Unless a time for filing is ordered by the 

court, filing must be completed before midnight Eastern Time 

on the due date to be considered timely.

(3) Inaccessibility of Nonelectronic Filing.

The clerk of court may provide notice that the clerk’s office is 

inaccessible for purposes of receiving nonelectronic filings and

submissions, and deadlines for nonelectronic filings and 

submissions will be automatically extended in accordance with 

Federal Rule of Appellate Procedure 26(a)(3). Such notice will 

be posted publicly.

(4) Inaccessibility of Electronic Filing.

In the event of a scheduled system outage, unscheduled 

technical failure of the electronic filing system, or other matter 

preventing electronic filing, the clerk of court may provide 

notice that the clerk’s office is inaccessible and extend deadlines 

for electronic filings pursuant to Federal Rule of Appellate 

Procedure 26(a)(3). Such a notice will be posted publicly.

Electronic filing is not “inaccessible” for purposes of extending 

filing deadlines under Federal Rule of Appellate Procedure 

26(a)(3) absent a notice issued pursuant to this subsection or an 

order entered pursuant to Federal Circuit Rule 26(a)(1).
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FEDERAL CIRCUIT RULE 26

(5) Court Order.

Federal Rule of Appellate Procedure 26(c) does not apply to 

deadlines set by court order.

(b) Extending Time.

(1) A motion to extend the time prescribed by the Federal Rules of 

Appellate Procedure, the Federal Circuit Rules, or an order of 

this court must be made at least seven (7) days before the date 

sought to be extended, except that in extraordinary 

circumstances a motion may be made later than that deadline 

if accompanied by an affidavit or unsworn declaration under 

penalty of perjury under 28 U.S.C. § 1746 that describes the 

extraordinary circumstances.

(2) In addition to the requirements under Federal Rule of Appellate 

Procedure 27 and Federal Circuit Rule 27, the motion must 

state the following:

(A) the date to be extended;

(B) the revised date sought;

(C) the number of days of extension sought; and

(D) the total number of days of extension previously granted 

to the movant.

(3) A request for an extension of more than fourteen (14) days must 

be accompanied by an affidavit or unsworn declaration of 

counsel or an unrepresented party under penalty of perjury 

under 28 U.S.C. § 1746 showing good cause for the extension.

(4) At any time before the expiration of a filing deadline, the filer 

may notify the court that additional time is needed to resolve 

confidentiality issues, and the court will provide a one-time per 

document extension of five (5) days to file the document. The 

notice must include an affidavit or unsworn declaration of 

counsel or an unrepresented party under penalty of perjury 

under 28 U.S.C. § 1746 certifying that additional time is needed 

to resolve confidentiality issues. Any additional requests for 

extension to resolve confidentiality issues are by leave of court.
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Federal Circuit Rules of Practice (December 1, 2020) – UPDATE Page 91

FEDERAL CIRCUIT RULE 26

(c) Electronic Service of Documents.

Three (3) additional days are not added to the time to file a responsive 

document, when the original document was served through the court’s 

electronic filing system. The court considers service through the 

court’s electronic filing system to be completed on the date and time 

reflected on the Notice of Docket Activity.

PRACTICE NOTES TO RULE 26

Opposition to Extension.

If a party opposes a motion for extension of time, that party should file 

its response promptly. The court will not necessarily wait for an 

opposition before ruling on a motion.

Benefit of Timely Extension Request.

Unless the court has previously ordered that there will be no further 

extensions, an appeal will not be dismissed for failure to file 

appellant’s brief if appellant’s motion to extend the time for filing was 

filed and served at least seven (7) days before the due date for the 

brief, but the motion has not been acted on by the due date.

Extension During Settlement Negotiations.

Parties jointly stipulating that they are actively pursuing settlement 

of the case will be granted a reasonable extension of time to 

accomplish settlement.

Deadlines for Documents Submitted by Mail.

Because of occasional delays with some mail transmitted by the 

United States Postal Service due to screening or other issues, if a 

document must be received by the court on a particular date, then a 

paper filer might consider using an alternative method of delivering 

the document to the court, such as a commercial carrier or handdelivery. The court cannot waive the deadlines for filing a notice of 

appeal or petition for review, even if the document was deposited in 

the mail in a timely fashion.






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Federal Circuit Rules of Practice (December 1, 2020) – UPDATE Page 98

FEDERAL CIRCUIT RULE 27

(1) the caption (if the motion is for a procedural order on consent, 

the short caption may be used; for any other motion, the official 

caption must be used);

(2) a statement of consent or opposition representing that the 

movant has discussed the motion with the other parties and 

stating whether any party will object or file a response;

(3) a certificate of interest under Federal Circuit Rule 47.4; and

(4) an affidavit or unsworn declaration under penalty of perjury 

under 28 U.S.C. § 1746, if the facts relied on in the motion are 

subject to dispute.

(b) Response; Reply.

If a motion uses the short caption, any response or reply may also use 

the short caption. In addition to the requirements under Federal Rule 

of Appellate Procedure 27(a)(3) and (d), a response must include the 

following:

(1) the items in Federal Circuit Rule 27(a)(1), (3), and (4); and

(2) the grounds for denying the motion, limiting the relief granted, 

or modifying the order sought and the legal argument to 

support the response, or the responding party’s statement of 

consent or lack of opposition.

(c) Motion to Expedite.

In addition to the requirements for a motion under Federal Circuit 

Rule 27(a), a motion to expedite proceedings must include the 

following:

(1) the label “Motion to Expedite” on the cover or front page of the 

motion, either centered at the top or contained in the title;

(2) a proposed expedited briefing schedule on the motion; and

(3) a proposed expedited merits briefing schedule or proposed 

argument date, if applicable.

(d) Attachments or Exhibits.

Attachments or exhibits to a motion, response, or reply must be 

preceded by a table of contents and must be paginated or separately 

tabbed for ease of reference. The pagination need not match the 

requirements for an appendix under Federal Circuit Rule 30.
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Federal Circuit Rules of Practice (December 1, 2020) – UPDATE Page 99

FEDERAL CIRCUIT RULE 27

(e) Motion to Strike; Response.

A motion to strike all or part of a brief, except to strike scandalous 

matter, is prohibited as long as the party seeking to strike has the 

right to file a responsive brief in which the objection could be made. A 

response, if any, in opposition to a motion to strike must be included 

in the responsive brief if one is authorized, or may be filed if leave is 

sought and obtained, or may be made at oral argument.

(f) Motion to Dismiss, Transfer, or Remand.

A motion to dismiss for lack of jurisdiction, to transfer, or to remand 

should be made as soon as the grounds for the motion are known. 

After the appellant or petitioner has filed its principal brief, the 

argument supporting dismissal, transfer, or remand should be made 

in the response brief of the appellee or respondent. Any response to 

such an argument made in the response brief must be included in the 

reply brief. Joint or unopposed motions or stipulations to dismiss, 

transfer, or remand may be made at any time.

(g) Motion Incorporated in a Brief.

Except as provided in Federal Circuit Rule 27(e) and (f), a motion must 

not be incorporated in a brief.

(h) Delegation of Authority to the Clerk of Court.

The clerk of court is authorized to act on any procedural motion or 

unopposed nonprocedural motion but may not act on an opposed 

nonprocedural motion or any motion that requires action by a judge or 

panel of judges. The clerk of court may also direct an expedited 

response to a motion or petition and may direct the parties to show 

cause why an appeal or petition should not be dismissed or 

transferred. Even if the clerk of court is authorized to act on a 

particular motion, the clerk of court may nonetheless refer the matter 

to a judge or panel, or may defer the matter to the merits panel, when 

appropriate.

(i) Ex Parte Application.

Neither the court nor any judge of the court will conduct an ex parte 

hearing on an application for relief.
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Federal Circuit Rules of Practice (December 1, 2020) – UPDATE Page 100

FEDERAL CIRCUIT RULE 27

(j) Reconsideration, Vacatur, or Modification of an Order or 

Action.

A party seeking to reconsider, vacate, or modify a dispositive order 

issued by a panel must move for relief within the time prescribed by 

Federal Circuit Rule 40(d). For all other orders or actions by the court, 

including by a single judge, a panel of judges, or the clerk of court, a 

party must move for relief within fourteen (14) days after the order or 

action.

(k) Motions Containing Confidential or Sealed Material.

Federal Circuit Rule 25.1 applies to confidential or sealed material in 

motions, responses, and replies.

PRACTICE NOTES TO RULE 27

Moot Response.

A response to a motion for a procedural order that is received after the 

motion has been acted on is considered moot.

Authority to Act on Motions; Motions Referred to Panel.

Neither the clerk of court nor the court is required to grant relief just 

because the parties agree it should be granted. The clerk of court’s 

authority to act on procedural or unopposed nonprocedural motions 

includes the authority to grant or deny the requested relief in whole 

or in part or to refer the motion to a judge or a panel. Examples of 

procedural motions include motions for extensions of time, motions to 

reform the caption, motions to withdraw counsel, and motions for 

leave to proceed in forma pauperis. Examples of nonprocedural 

motions include motions to dismiss, motions to remand, motions to 

transfer, motions to summarily affirm, motions for stays of 

injunctions, motions for injunctions, motions to strike, motions for 

leave to intervene, motions for leave to file briefs as amici curiae, etc. 

Motions to exceed the permitted word or page limitation for a brief 

will be decided by a judge. If the clerk of court grants a motion to 

extend the time to file a principal brief by sixty (60) days, no further 

extensions should be anticipated. Once a case is assigned to a merits 

panel, the clerk of court refers all motions to the merits panel.





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FEDERAL CIRCUIT RULE 28

(11) an addendum containing the judgments, orders, agency actions, 

or other decisions in question and any opinions, memoranda, or 

findings and conclusions supporting them (this requirement 

applies only to the principal brief of an appellant, petitioner, or 

cross-party and is met when the appendix is bound with the 

brief. See Federal Circuit Rule 30(c)(1) and (d) for a duplicative 

requirement of the appendix);

(12) additional content in an appeal or petition involving a patent —

(A) all patents in suit reproduced in their entirety as an 

addendum to the principal brief of a petitioner or appellant and 

(B) the language of a patent claim at issue appearing on the 

inside of the front cover of each principal brief (or immediately 

following the front cover if the language requires more space), 

with this duplicative language not counting for Federal Rule of 

Appellate Procedure 32(g)(1) purposes provided the same 

language is included in the brief; and

(13) the certificate of compliance, if required by Federal Circuit Rule 

32(b)(3).

(b) Exclusion of Contents from Appellee’s Brief.

An appellee’s statements of jurisdiction, the issues, the case and facts, 

and the standard of review must be limited to specific areas of 

disagreement with those of the appellant. Absent disagreement, an 

appellee must not include those statements.

(c) Addendum Pagination.

Addendum material that is also designated for inclusion in the 

appendix must be paginated with the corresponding page numbers 

assigned to that material under Federal Circuit Rule 30(b)(2)(C).

Other addendum material must be paginated in such a way as to avoid 

confusion.

(d) Brief Containing Confidential or Sealed Material.

Federal Circuit Rule 25.1 applies to confidential or sealed material in 

briefs.

(e) Citations.

Opinions of this court and its predecessors should be cited as found in 

the Federal Reporter. Parallel citations to any other reporters are 

discouraged. Examples of acceptable citations are:
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Federal Circuit Rules of Practice (December 1, 2020) – UPDATE Page 107

FEDERAL CIRCUIT RULE 28

• Guotos v. United States, 552 F.2d 992 (Ct. Cl. 1976).

• In re Sponnable, 405 F.2d 578 (CCPA 1969).

• South Corporation v. United States, 690 F.2d 1368 (Fed. Cir. 

1982) (en banc).

• Doe v. Roe, No. 12-345, slip op. (Fed. Cir. Oct. 1, 1982).

(f) Referring to the Record and Appendix.

Any reference in a brief to the underlying record or to material 

authorized to be included in an appendix must be to the corresponding 

appendix page number(s) assigned to the material under Federal 

Circuit Rule 30(b)(2)(C). References must be as short as possible 

consistent with clarity and must follow the format required by the 

clerk of court in the court’s Electronic Filing Procedures. 

Indiscriminate references in briefs to blocks of record pages are 

prohibited.

(g) Unrepresented Party Briefs; Response.

An unrepresented party may file a formal brief or an informal brief, 

but not both.

(1) Informal Brief.

An informal brief must contain the information required by the 

form prescribed by the court. No other contents are required.

(2) Formal Brief.

A formal brief must comply with Rules 28 and 32 regarding 

format and contents.

(3) Counseled Party Response Brief.

When the appellant or petitioner files an informal brief, the 

appellee or respondent may elect to file an informal brief. An 

informal response brief must contain a statement of the case, 

but the brief may otherwise follow the format prescribed for the 

unrepresented party. In an informal or formal response brief, 

the party must state whether or not it believes the court has 

jurisdiction over the case, with reasons provided.

(h) Briefs in a Transferred Case.

When an appeal is transferred to this court by another court of appeals 

after briefs have been filed, the parties may stipulate to proceed on 
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Federal Circuit Rules of Practice (December 1, 2020) – UPDATE Page 108

FEDERAL CIRCUIT RULE 28

those briefs instead of filing briefs prescribed by these rules. The 

stipulation and each brief must be filed with this court within fourteen 

(14) days after docketing, with the required number of paper copies to 

be provided in accordance with Federal Circuit Rule 25(c)(3). The 

court may also order supplemental briefs as needed.

(i) Multiple Parties.

(1) Single Brief.

Each party is permitted to file a single brief of each type 

authorized for that party by these rules. Private parties with 

identical or similar interests are strongly encouraged to join in 

a single brief.

(2) Combined Brief Required.

When there are multiple parties represented by the same 

counsel or counsel from the same firm, a combined brief must 

be filed on behalf of all the parties represented by that counsel 

or firm.

(j) Briefs in Related Cases.

Parties may not file entirely duplicative briefs in related cases. If all 

or a portion of a brief is duplicative of a brief in a related case, as 

defined by Federal Circuit Rule 47.5, the filing party must so advise 

the court at the beginning of the brief or section containing the 

duplicative content.

PRACTICE NOTES TO RULE 28

Informal Brief.

Using the court’s Form 11, 12, 13, 14, 15, or 16, whichever corresponds 

to the type of case, satisfies the requirements of an informal brief for 

an unrepresented petitioner or appellant under Federal Circuit Rule 

28(g). Using the court’s Form 11A satisfies the requirements of an 

informal response brief for an unrepresented respondent or appellee 

under Federal Circuit Rule 28(g).



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Federal Circuit Rules of Practice (December 1, 2020) – UPDATE Page 112

FEDERAL CIRCUIT RULE 28.1

Cross-Appeals

(a) Page Limitation.

Unless it complies with Federal Circuit Rule 28.1(b), the appellant's 

principal brief must not exceed thirty (30) pages; the appellee's 

principal and response brief, thirty-five (35) pages; the appellant's 

response and reply brief, thirty (30) pages; and the appellee's reply 

brief, fifteen (15) pages.

(b) Type-Volume Limitation.

(1) The appellant's principal brief or the appellant's response and 

reply brief is acceptable if it meets one of the following:

(A) it contains no more than 14,000 words; or

(B) it uses a monospaced face and contains no more than 

1,300 lines of text.

(2) The appellee's principal and response brief is acceptable if it 

meets one of the following:

(A) it contains no more than 16,500 words; or

(B) it uses a monospaced face and contains no more than 

1,500 lines of text.

(3) The appellee's reply brief is acceptable if it meets one of the 

following:

(A) it contains no more than 7,000 words; or

(B) it uses a monospaced face and contains no more than 650 

lines of text.

(c) Certificate of Compliance.

A brief submitted under this rule must comply with Federal Circuit 

Rule 32(b)(3).

(d) Brief Contents.

Appellant’s principal brief must comply with Federal Circuit Rule 

28(a). Appellee’s principal and response brief must comply with 

Federal Circuit Rule 28(a), and (b) to the extent that it refers to the 

statement of the case. Appellee’s principal and response brief must 

also include the addendum under Federal Circuit Rule 28(a)(11) to the 

extent that the materials differ from those produced in the appellant’s 
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FEDERAL CIRCUIT RULE 28.1

principal brief. Appellant’s response and reply brief must comply with 

Federal Circuit Rule 28(b).

PRACTICE NOTES TO RULE 28.1

Cross-Appeals.

A party may file a cross-appeal only when it seeks to modify or 

overturn the judgment of a trial tribunal. Although a party may 

present additional arguments in support of the judgment as an 

appellee, counsel are cautioned against improperly designating an 

appeal as a cross-appeal when they merely present arguments in 

support of the judgment. See Bailey v. Dart Container Corp., 292 F.3d 

1360 (Fed. Cir. 2002). Further, counsel are cautioned, in cases 

involving a proper cross-appeal, that the fourth brief must be limited 

to the issues presented by the cross-appeal. In the third brief, 

moreover, the reply argument on the appeal issues should not exceed 

the length that would be permitted if there were no cross-appeal. In 

all cases, counsel should be prepared to defend the filing of a crossappeal and the propriety of arguments presented in the fourth brief at 

oral argument. See Aventis Pharma S.A. v. Hospira, Inc., 637 F.3d 

1341 (Fed. Cir. 2011).

Time to Serve and File a Brief.

Please refer to Federal Circuit Rule 31(a) for brief due dates when 

there is a cross-appeal.

Clarification to Federal Rule of Appellate Procedure 28.1(c)(4).

Where the term “appellee” is used, it refers to the “cross-appellant.”




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FEDERAL CIRCUIT RULE 29

(c) Citations to the Record.

Each amicus brief must comply with Federal Circuit Rule 28(f). An 

amicus curiae should contact the parties to obtain the designation of 

material for the appendix. Leave of court is required for an amicus 

curiae to cite directly to the record or to file a separate appendix.

PRACTICE NOTES TO RULE 29

Consent.

If an amicus brief on the merits is filed on consent of all parties, then 

no motion for leave is required and the brief should state, pursuant to 

Federal Rule of Appellate Procedure 29(a), that all parties have 

consented to its filing.




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FEDERAL CIRCUIT RULE 30

Appendix to the Briefs

(a) Contents of Appendix; Time for Filing; Number of Copies; 

Multiple Volumes; Failure to File.

(1) Contents.

(A) In addition to the material required by Federal Rule of 

Appellate Procedure 30(a)(1)(A), (B), and (C), the 

appendix must include the following:

(i) the entire docket sheet, certified list, or index from 

the proceedings below;

(ii) in an appeal from a jury case, the judge’s charge, 

the jury’s verdict, and the jury’s responses to 

interrogatories; and

(iii) in an appeal involving a patent, the patent in suit 

in its entirety. Any other patents included in an 

appendix must be included in their entirety.

(B) Parts of the record must not be included in the appendix 

unless they are cited in the briefs. Parties must, 

however, include in the appendix sufficient surrounding 

record and transcript pages to provide context for a cited

excerpt, as well as the transcript cover page identifying 

participating counsel if included in the record. Inclusion 

of unnecessary pages in the appendix is prohibited.

(C) In an appeal from the Patent and Trademark Office, 

unless the parties agree otherwise, the appendix must 

include the following:

(i) a copy of all rejected claims that are being 

appealed from a final decision of the Patent Trial 

and Appeal Board;

(ii) a copy of all counts in a patent interference appeal 

or claims involved in a derivation proceeding; and

(iii) a copy of the trademark sought to be registered or 

cancelled and a copy of any registration relied on 

to refuse or oppose registration or to seek 

cancellation of registered mark in a trademark 

appeal.
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FEDERAL CIRCUIT RULE 30

(D) If the appellant includes in the appendix material 

counter-designated by the appellee under Federal Circuit 

Rule 30(b) that the appellant considers to be included in 

violation of this rule, the appellant may so advise the 

appellee and the appellee must advance the costs of 

including those parts in the appendix.

(E) The following must not be included in the appendix 

except by leave of the court, and any motion for leave 

must state the number of pages requested to be included:

(i) briefs and memoranda, except as permitted by

Federal Circuit Rule 30(a)(1)(F);

(ii) notices;

(iii) subpoenas — except where the enforcement or 

validity of a subpoena is at issue;

(iv) summonses — except in appeals from the Court of 

International Trade;

(v) motions to extend time; or

(vi) jury lists.

(F) Nothing in Federal Circuit Rule 30 prohibits from 

designation and inclusion in an appendix any of the 

following:

(i) an examiner’s answer in an ex parte patent case;

(ii) a trademark examining attorney’s appeal brief in 

an ex parte trademark case;

(iii) briefs and memoranda in a case where the 

propriety of summary judgment is an issue or 

where there is an issue of waiver; or

(iv) the notice of appeal.
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FEDERAL CIRCUIT RULE 30

(2) Time for Filing.

The appellant must serve and file the appendix within seven (7) 

days after the last reply brief is served and filed. When there 

is no cross-appeal, if the appellant does not file a reply brief, the 

appendix must be served and filed within the time for filing the 

reply brief. In a cross-appeal, if the cross-appellant does not file 

a reply brief, the appendix must be served and filed within 

seven (7) days after the time for filing the cross-appellant’s 

reply brief has expired.

(3) Number of Copies.

Six (6) paper copies of the appendix must be filed with the court 

in accordance with Federal Circuit Rule 25(c)(3).

(4) Appendix Volumes.

No appendix volume filed electronically may exceed 400 sheets 

of paper when printed. Appendices exceeding 400 printed 

sheets of paper must be divided into separate volumes before 

filing. A multi-volume appendix must have a volume number 

in Roman numerals and the pages included in the volume listed 

at the top of the cover of each volume (e.g., Volume II, Pages 

542 to 813). Parties must not include a volume number on the 

cover of an appendix if that appendix consists of only one 

volume. A complete table of contents or index must be included 

in each volume of the appendix.*

(5) Consequence of Failing to File an Appendix.

If the appellant fails to file the appendix, the clerk of court is 

authorized to dismiss the case.

(b) Preparing the Appendix.

(1) Designation of Material.

The parties must compile a designation of material, consisting 

of all items in the record and other items required by Federal 

Circuit Rule 30, from which the appendix will be prepared.

*See the Practice Notes to Rule 30 (Appendix Volumes) for further explanation of this requirement.
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Federal Circuit Rules of Practice (December 1, 2020) – UPDATE Page 126

FEDERAL CIRCUIT RULE 30

(A) To the extent practicable, the parties must attempt to 

agree on the designation no later than forty-five (45) days 

prior to the deadline for the appellant’s principal brief.

(B) If the parties cannot agree within the timeframe, the 

appellant must serve its designation on the appellee 

along with a statement of the issues the appellant 

intends to present no later than thirty (30) days prior to 

the deadline for the appellant’s principal brief. Within 

fourteen (14) days after service of appellant’s 

designation, the appellee may serve on the appellant a 

counter-designation of additional material, which the 

appellant must include, or inform the appellant that no 

additional material needs to be added.

(2) Pagination.

(A) The appellant must assign consecutive page numbers to 

the designated material and serve on all parties either a 

table reflecting the page numbers of each item or, if not 

prohibited by an outstanding protective order, a physical 

compilation of the material with the assigned page 

numbers shown.

(B) The first page numbers in the designated material must 

be assigned to all judgments, orders, agency actions, or 

other decisions appealed from and any opinions, 

memoranda, or findings and conclusions supporting 

them. Other items must follow in accordance with 

Federal Rule of Appellate Procedure 30(d).

(C) The pages of the designated material must be numbered 

by the automated Bates numbering feature of the 

software used to convert the document into a PDF and 

must be in the format required by the clerk of court in 

the court’s Electronic Filing Procedures.

(3) Extension of Time.

The parties may extend the time to complete the designation 

without leave of the court; however, the designation and 

pagination must be completed before the appellant files its 

principal brief or the parties must move to extend the time to 

file the brief. If the designation cannot be timely completed due 

to a pending transcript request, an affidavit detailing what has 
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Federal Circuit Rules of Practice (December 1, 2020) – UPDATE Page 127

FEDERAL CIRCUIT RULE 30

been done to expedite transcription must be attached to the 

motion.

(4) Prohibition on Filing.

The parties are prohibited from filing the designation of 

material and any counter-designation, table of page numbers, 

or physical compilation with the court.

(5) Preparation of Appendix.

The appellant must prepare the appendix by selecting from the 

designated material only items required by these rules and 

pages specifically cited in the briefs of the parties, including the 

briefs of intervenors and amici. Pages not cited in the briefs —

other than items required by these rules — must be omitted 

from the appendix. If all material designated by the parties 

comprises no more than 100 pages, the entire designation may 

be filed as the appendix and combined with the appellant’s 

principal brief pursuant to Federal Circuit Rule 30(d).

(c) Format of Appendix.

(1) Arrangement of Appendix.

Federal Rule of Appellate Procedure 30(d) governs the 

arrangement of the appendix, except the judgments, orders, 

agency actions, or other decisions appealed from and any 

opinions, memoranda, or findings and conclusions supporting 

them must be placed first in the appendix. Pursuant to Federal 

Circuit Rule 25.1(e)(1)(A), if the appendix must include an 

excerpt of a statute imposing confidentiality or a judicial or 

administrative protective order, the excerpt or order must 

appear before the first page and may be paginated with Roman 

numerals.*

(2) Pagination.

The page numbers in the appendix must be those assigned to 

the designated material in accordance with Federal Circuit 

Rule 30(b), and the pages must appear in numerical order. The 

pages must retain the Bates numbering of the designated 

material. The page numbers must appear centered in the 

*The table of contents must still appear before all contents. See Fed. R. App. P. 30(d).
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FEDERAL CIRCUIT RULE 30

bottom margin of each page and meet the font size 

requirements of Federal Rule of Appellate Procedure 32(a)(5).

Other marks must be redacted if necessary to avoid confusion.

Omission of pages need not be noted (e.g., page 102 may be 

followed by page 230 without stating that pages 103–229 are 

not reproduced).

(3) Printing.

The court encourages the double-sided printing of the pages of 

the appendix, an appendix combined with a brief, and an 

addendum.

(d) Combined Brief and Appendix.

(1) When a brief and appendix are combined, the cover must so 

indicate.

(2) If either the appendix agreed upon by the parties or the 

designated material comprises no more than 100 pages, it may 

be bound together with the appellant’s or petitioner’s principal 

brief as a combined brief and appendix.

(e) Separate or Supplemental Appendix.

Except as provided below, no party may file a separate or 

supplemental appendix without leave of the court.

(1) Appellee’s Appendix in an Unrepresented Party’s Case.

In cases involving only unrepresented appellants who have 

failed to participate in determining the contents of the appendix 

or have filed an inadequate appendix, the appellee may file an 

appendix containing material permitted by Federal Circuit 

Rule 30(a).

(2) Appendix Filed by the United States as an Appellee or 

Intervenor.

If all appellants have failed to participate in determining the 

contents of the appendix or have filed an inadequate appendix, 

the United States or an officer or agency of the United States, 

as an appellee or intervenor, may file an appendix containing 

material permitted by Federal Circuit Rule 30(a).
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FEDERAL CIRCUIT RULE 30

(3) Cover and Binding.

If a separate or supplemental appendix contains no more than 

100 pages, it may be bound together with the filer’s principal 

brief. If it is separately bound, then the cover must be red.

(4) Pagination.

The pages of a separate or supplemental appendix must be 

numbered by the automated Bates numbering feature of the 

software used to convert the document into a PDF and must be 

in the format required by the clerk of court in the court’s 

Electronic Filing Procedures. The separate or supplemental 

appendix need not follow any designated material pagination.

(5) Time for Filing.

Any separate or supplemental appendix must be filed within 

seven (7) days after the appendix would be due under Federal 

Circuit Rule 30(a)(2).

(f) Costs.

The costs of the table of page numbers or the copy of the physical 

compilation of the designated material in Federal Circuit Rule 30(b)

may be assessed as provided in Federal Rule of Appellate Procedure 

30(b)(2). Costs associated with the inclusion of material under 

Federal Circuit Rule 30(a)(1)(D) may be recovered.

(g) Appendices Containing Confidential or Sealed Material.

Federal Circuit Rule 25.1 applies to confidential or sealed material in

appendices, exhibits, addenda, and attachments.

(h) Unrepresented Party’s Informal Appendix.

An informal brief will be considered filed with an appendix if it 

includes a copy of the judgment and opinion of the trial court or the 

final order of an administrative agency. The initial decision of the 

administrative judge must also be included in the appendix in a Merit 

Systems Protection Board case. If an unrepresented party chooses to 

separately file an appendix, then the items noted above must be 

included if they are not already attached to the informal brief.
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FEDERAL CIRCUIT RULE 30

(i) Electronic Appendix Material Unable to Be Produced in 

Paper.

When the record has been perpetuated in whole or in part in an 

electronic format and that portion of the record cannot be reproduced 

in a nonelectronic format, those portions of the record that would 

properly be included in the appendix if they were in documentary form 

will be considered supplementary appendix material.

(1) Copies.

Four (4) copies must be filed on an electronic medium no later 

than the time to file the paper copies of the appendix under 

Federal Circuit Rule 25(c)(3). These copies must be 

accompanied by a cover letter that includes the case number, 

short case name, and corresponding appendix page(s).

(2) Statement Concerning Instructions and Malware.

The copies must be accompanied by an affidavit or unsworn 

declaration under penalty of perjury under 28 U.S.C. § 1746, 

preferably within or attached to the packaging, that does the 

following:

(A) sets forth the instructions for viewing the submission 

and the minimum equipment required for viewing; and

(B) verifies the absence of computer malware and lists the 

software used to ensure that the submission is free of any 

malware.

(3) Slip Sheet.

A slip sheet representing the supplementary appendix material 

must be placed in the electronically filed appendix and 

corresponding paper copies. The slip sheet must bear proper 

appendix pagination and be included in the appendix where the 

material would have appeared. No separate notification is 

required.
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Federal Circuit Rules of Practice (December 1, 2020) – UPDATE Page 131

PRACTICE NOTES TO RULE 30

Notice of New References in Cross-Appellant’s Reply Brief.

To expedite preparing the appendix, a cross-appellant will notify the 

appellant promptly on being served the appellant’s reply brief 

whether the cross-appellant will file a reply brief and, if so, whether 

it will refer to pages not cited in the briefs already filed, listing any 

such pages.

Dispensing with the Appendix.

A motion to dispense with the appendix will be granted only in 

extraordinary circumstances.

Testimony in the Appendix.

To reduce bulk in the appendix, the use of condensed, columnar 

transcripts of testimony is encouraged.

Appendix Volumes.

The limit of 400 sheets of paper per volume for appendix paper copies 

equates to 800 pages per volume in the electronic version when the 

paper copies are printed double-sided. Parties should decide on a 

binding method in advance of electronic filing to ensure even smaller 

volumes will not be required. There is no minimum number of pages 

per volume, though the court discourages unnecessary subdivision.


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FEDERAL CIRCUIT RULE 31

(2) Brief of Appellee or Cross-Appellant.

The appellee or cross-appellant must serve and file its principal

brief within forty (40) days after the appellant’s brief is served. 

In a petition for review or appeal from an agency, if the certified 

list or index is served after the appellant’s principal brief, the 

appellee or cross-appellant must service and file its principal 

brief within forty (40) days after service of the certified list or 

index.

(3) Cross-Appeal.

In a cross-appeal, the following apply:

(A) the appellant must serve and file its response and reply 

brief within forty (40) days after the cross-appellant’s 

principal and response brief is served; and

(B) the cross-appellant must serve and file its reply brief 

within twenty-one (21) days after the appellant’s 

response and reply brief is served.

(4) Brief Responding to Multiple Parties.

A brief that responds to the briefs of multiple parties must be 

served and filed within the time prescribed after service of the 

last of those briefs. If one party timely files its brief and another 

party fails to file, then the deadline for any responsive brief will 

be calculated from the date of service of the filed brief or the 

date the unfiled brief was due, whichever is later.

(b) Number of Copies.

Six (6) paper copies of each brief, or three (3) paper copies if filing an 

informal brief, must be provided to the court in accordance with 

Federal Circuit Rule 25(c)(3).

(c) Certain Motions Suspend the Briefing Schedule.

When a motion is filed that, if granted, would terminate an appeal, 

cross-appeal, or consolidated appeal, the briefing schedule is 

suspended. This suspension does not apply to an appellant’s principal 

brief if the motion would only terminate a cross-appeal. If the motion 

is denied, the next brief becomes due, unless the court orders 

otherwise, within the balance of the time remaining under this rule 

when the motion was filed, but not fewer than fourteen (14) days from 

the date of the order.
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FEDERAL CIRCUIT RULE 31

(d) Consequence of Failure to File a Brief by Appellant or 

Petitioner.

If the appellant or petitioner fails to file a principal brief, the clerk of 

court is authorized to dismiss the case.

(e) Informal Brief; Time for Filing.

(1) Brief of Appellant or Petitioner.

(A) In an appeal from a court, an unrepresented appellant 

filing an informal brief must serve and file the brief 

within twenty-one (21) days after the appeal is docketed.

(B) In a petition for review or an appeal from an agency, 

board, commission, or arbitrator, an unrepresented 

petitioner or appellant filing an informal brief must serve 

and file the brief within twenty-one (21) days after the 

certified list or index is served pursuant to Federal 

Circuit Rule 17(c).

(2) Brief of Appellee or Respondent.

An appellee or respondent filing an informal brief must serve 

and file the brief within twenty-one (21) days after the 

petitioner’s or appellant’s brief is served. In a petition for 

review or appeal from an agency, if the certified list or index is 

served after the appellant’s or petitioner’s brief, the appellee or 

respondent must serve and file its informal brief within twentyone (21) days after the certified list or index is served.

(3) Reply Brief.

When an informal brief is used, any reply brief must be served 

and filed within fourteen (14) days after the respondent’s or 

appellee’s brief is served.






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FEDERAL CIRCUIT RULE 32

(2) Exclusions.

In addition to the items listed in Federal Rule of Appellate 

Procedure 32(f) that are not counted in the type-volume 

limitations of these rules, the following items do not count 

toward those limitations:

(A) certificate of interest;

(B) statement of related cases;

(C) any addendum;

(D) any requirements under Federal Circuit Rule 25.1(e); 

and

(E) statement of counsel for a petition for hearing or 

rehearing en banc under Federal Circuit Rule 35(b).

(3) Certificate of Compliance for Briefs.

Each brief exceeding the page limitation under Federal Rule of 

Appellate Procedure 32(a)(7)(A) or Federal Circuit Rule 28.1(a)

must include a certificate of compliance with the type-volume 

limitation that adheres to the requirements in Federal Rule of 

Appellate Procedure 32(g). It is the responsibility of the filing 

party to ensure that the certificate of compliance is accurate.

(c) Informal Brief.

An informal brief must be prepared on a form provided by the clerk of 

court. The form contains instructions for preparing and filing an 

informal brief. An informal brief should be typewritten, but block 

printing or, as a last resort, legible handwriting is permitted. An 

informal brief including continuation pages must not exceed thirty 

(30) pages of typewritten double-spaced text or its equivalent. The 

paper informal briefs may be secured by a single staple in the lefthand corner in lieu of any other form of binding required by Federal 

Circuit Rule 32(h).

(d) Form of Appendix or Addendum.

The court encourages the double-sided printing of the pages of the 

appendix, an appendix combined with a brief, and an addendum.
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Federal Circuit Rules of Practice (December 1, 2020) – UPDATE Page 143

FEDERAL CIRCUIT RULE 32

(e) Pagination.

Submissions to the court over two (2) pages must include page 

numbers. The page number must be centered at the bottom of the 

page and need not be included on a cover page.

(f) Page Proof.

Page proof copies of documents must not be filed with the court.

(g) Signature Authority; Multiple Signatures.

(1) Appearance Prerequisites.

After a case is docketed, documents filed in that case on behalf 

of a represented party can only be signed by an attorney who 

has filed an entry of appearance for that party.

(2) Signature Authority.

Any person having actual authority may sign a document on 

behalf of counsel or an unrepresented party who is unavailable 

to sign or incapable of signing, provided the filing also includes 

as an attachment an affidavit of authority or an unsworn 

declaration of authority under penalty of perjury pursuant to 

28 U.S.C. § 1746.

(3) Documents Requiring Multiple Signatures.

Any document requiring the signature of more than one party 

or individual must include the signature of the filer and account 

for all other signatures in either one or a combination of the 

following fashions:

(A) The document may contain the handwritten signatures 

of the other parties or individuals.

(B) The document may contain the electronic signatures of 

the other parties or individuals with their consent and 

must so state that consent.

(C) The document may identify the other parties or 

individuals required to sign, and those parties or 

individuals must file a notice endorsing the signature 

within three (3) business days after filing.
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Federal Circuit Rules of Practice (December 1, 2020) – UPDATE Page 144

FEDERAL CIRCUIT RULE 32

(h) Binding.

Paper copies of briefs and appendices must be securely bound along 

the left margin to ensure that the bound copies will not loosen or fall 

apart and that the brief will lie reasonably flat when open.

(i) Extraneous Markings.

Parties must not include any highlighting or extraneous markings 

within either the briefs or the appendix beyond confidentiality 

notations required by these rules or markings that originally appeared 

on appendix materials in the record below.

PRACTICE NOTES TO RULE 32

Preferred Cover Content.

In addition to the requirements of Federal Rule of Appellate 

Procedure 32(a)(2)(D), the court encourages inclusion on the cover of 

the name of the judge, when applicable, from whose judgment appeal 

is taken.

Print Size of Briefs.

Parties should avoid photo-reproduction that reduces the print size of 

the original smaller than the size required by Federal Rule of 

Appellate Procedure 32.

Footnotes.

The typeface requirements of Federal Rule of Appellate Procedure 

32(a)(5) apply to all text in the brief, including footnotes.

Copies of Patent Documents.

Oversize patent documents reproduced in a brief or appendix should 

be photo-reduced to 8 1/2 by 11 inches if readability can be 

maintained; otherwise, they should be folded and bound so they do not 

protrude from the covers of the brief or appendix.

Certificate of Compliance.
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Federal Circuit Rules of Practice (December 1, 2020) – UPDATE Page 145

PRACTICE NOTES TO RULE 32

Using Federal Circuit Form 19 satisfies the requirements for a 

certificate of compliance with type-volume limitations under Federal 

Rule of Appellate Procedure 32(g)(1) and Federal Circuit Rule 

32(b)(3). Parties are reminded that some software programs do not 

automatically include footnotes. When certain text is marked for word 

count or line count purposes, a party may need to separately mark text 

in footnotes and include those words or lines in the certified count.

Filings in Companion Cases.

Except when otherwise ordered, all filings in companion cases must 

be made in each individual case with the individual case numbers and 

case captions included on each respective case-specific filing. Unless 

otherwise directed, required paper copies must be submitted in each 

respective case.

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Federal Circuit Rules of Practice (December 1, 2020) – UPDATE Page 147

FEDERAL CIRCUIT RULE 32.1

(d) Court’s Consideration of Nonprecedential or Unpublished 

Dispositions.

The court may refer to a nonprecedential or unpublished disposition 

in an opinion or order and may look to a nonprecedential or 

unpublished disposition for guidance or persuasive reasoning but will 

not give one of its own nonprecedential dispositions the effect of 

binding precedent. The court will not consider nonprecedential or 

unpublished dispositions of another court as binding precedent of that 

court unless the rules of that court so provide.

(e) Request to Make an Opinion or Order Precedential.

Within sixty (60) days after the court issues a nonprecedential opinion 

or order, any person may request through motion filed in the case that 

the opinion or order be reissued as precedential. The request will be 

considered by the panel that rendered the disposition. The motion 

must identify any case that person knows to be pending that would be 

determined or affected by reissuance as precedential. Parties to 

pending cases having a stake in the outcome of a decision on the 

motion must be given an opportunity to respond. If the request is 

granted, the opinion or order may be revised as appropriate.

(f) Public Records.

All dispositions by the court in any form will be in writing and are 

public records.
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Federal Circuit Rules of Practice (December 1, 2020) – UPDATE Page 148

PRACTICE NOTES TO RULE 32.1

Filing an Opinion.

An opinion is issued when ready. No particular day of the week is 

considered a “down day.” The judgment is entered on the day the 

opinion is filed with the clerk of court and transmitted to the parties.

Availability of an Opinion.

The court’s precedential and nonprecedential opinions are available 

in a variety of commercially available print and electronic media, as 

well as online through the court’s website and the U.S. Government 

Publishing Office’s website.

Subscriptions.

Subscriptions to daily opinions and other items are available through 

the court’s website at http://www.cafc.uscourts.gov/emailsubscriptions.

Request to Make an Opinion or Order Precedential.

It is improper to refer in a brief to a request to make an opinion or 

order precedential before the request has been acted on.

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Federal Circuit Rules of Practice (December 1, 2020) – UPDATE Page 150

FEDERAL CIRCUIT RULE 33

(b) Other Settlement Discussions.

This rule does not preclude the parties from discussing settlement or 

agreeing to dismiss the proceedings at other times, including after oral 

argument but before decision.

FEDERAL CIRCUIT RULE 33.1

Mediation Guidelines

(a) Guidelines.

The court may adopt mediation guidelines with respect to mediation 

of the cases pending before the court. These guidelines are binding on 

the parties.

(b) Docketing Statement.

Filing a docketing statement under the court’s mediation guidelines 

satisfies the requirement for an appellant to file a statement of the 

issues under Federal Rule of Appellate Procedure 10(b)(3)(A).


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FEDERAL CIRCUIT RULE 34

(c) Visual Aids.

(1) Visual Aids Used at a Trial or Administrative Hearing; 

Notice.

If a party intends to display at oral argument a visual aid used 

at a trial or administrative hearing, the party must advise the 

court by letter no later than fourteen (14) days before argument.

(2) Visual Aids Not Used at a Trial or Administrative 

Hearing; Notice.

If a party intends to display at oral argument a visual aid that 

was not used at a trial or administrative hearing, the party 

must give notice to opposing counsel and notify the court by 

letter no later than twenty-one (21) days before argument.

(3) Objection to the Use of Visual Aids.

An objection to the proposed use of a visual aid at oral argument 

must be submitted as a letter and filed no later than seven (7) 

days before the oral argument. If a party objects, the parties’ 

submissions will be treated as a motion and response and will 

be referred to the panel.

(4) Scope.

Presentation programs or projection equipment may not be 

utilized during argument without leave of the court. A motion 

for leave must be filed no later than twenty-one (21) days before 

argument. This rule does not preclude use of a chalkboard or 

equivalent supplied by the party.

(5) Disposition.

The clerk of court may dispose of visual aids not removed by the 

parties.

(d) Scheduling Conflicts.

(1) Notice from the Clerk.

In cases to be scheduled for oral argument, the clerk of court 

will issue a notice to the parties following the end of briefing to 

request scheduling conflict information from counsel.

(2) Requirement to Notify of Conflicts.

Within seven (7) days after the clerk of court issues a notice, the 

parties must notify the court in writing of any scheduling 
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Federal Circuit Rules of Practice (December 1, 2020) – UPDATE Page 154

FEDERAL CIRCUIT RULE 34

conflicts. Until the case is scheduled for argument or submitted 

or resolved without argument, counsel has a continuing 

obligation to advise the court of any additional scheduling 

conflicts or changes to existing scheduling conflicts that arise 

after counsel responds to the clerk of court’s initial notice.

(3) Good Cause Requirement.

Arguing counsel must show good cause for each identified 

scheduling conflict; conflicts that do not provide sufficient 

showing of good cause will not be considered. If arguing counsel

fails to show good cause for a scheduling conflict in advance of 

scheduling and the court schedules the case on a day arguing 

counsel is unavailable, then the case will not be rescheduled 

absent a showing of compelling reason and leave of court.

(e) Arguing Counsel.

(1) Notice of Oral Argument.

The clerk of court will notify parties when a case has been 

scheduled for argument. Arguing counsel must respond to the 

notice of oral argument on the form prescribed by the clerk of 

court within the time requested by the clerk of court.

(2) Limitation on the Number of Arguing Counsel.

Absent leave of court requested at least seven (7) days before 

argument, no more than two (2) counsel may argue on behalf of 

each side and no more than one (1) counsel may argue on behalf 

of each party.
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Federal Circuit Rules of Practice (December 1, 2020) – UPDATE Page 155

PRACTICE NOTES TO RULE 34

Scheduling Conflicts.

Counsel should not submit any scheduling conflicts before receiving 

the notice from the clerk of court. In responding to the notice, counsel

are advised that the unavailability of a client or non-arguing cocounsel is an insufficient basis for showing good cause.

Court Sessions; Hearing Date.

Sessions of the court will be held as announced by the court. Sessions 

are held regularly in Washington, D.C., but the court may sit 

elsewhere pursuant to Federal Circuit Rule 47.1. The Notice of Oral 

Argument is usually issued within four months after all briefs and the 

appendix are filed. Counsel are advised of the scheduled date of 

hearing approximately six weeks before the session.

Accessibility Accommodations.

A party or counsel of record requiring a communication-based 

disability accommodation should notify the clerk of court at least two 

(2) weeks before the scheduled hearing. A party requiring a mobilitybased disability accommodation should notify the clerk of court at the 

time of filing the notice of scheduling conflicts. Additional information 

about accessibility accommodations is available on the court’s website,

www.cafc.uscourts.gov.

Oral Argument.

Counsel must report to the clerk’s office at least thirty (30) minutes 

before the scheduled session and before proceeding to the courtroom. 

The members of the panel will have read the briefs before oral 

argument. Counsel should, therefore, emphasize the dispositive issue 

or issues. Time allotted for oral argument is ordinarily fifteen (15) 

minutes per side (not per party or attorney), although the court may 

vary this depending on the nature of the case. The court may extend 

the allotted time during the argument, or it may terminate the 

argument, if it deems it appropriate.

Justification for Claim of Confidentiality.

Unnecessarily designating material in the briefs and appendix as 

confidential may hinder the court’s preparation and issuance of 

opinions. Counsel must be prepared to justify at oral argument any 

claim of confidentiality.
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Federal Circuit Rules of Practice (December 1, 2020) – UPDATE Page 156

PRACTICE NOTES TO RULE 34

Conduct of Oral Argument.

Guidelines for the conduct of oral argument are available on the 

court’s website, www.cafc.uscourts.gov, in the Clerk’s Office’s Guide 

for Oral Argument.

Copies of Recordings Available.

Oral arguments are recorded for the convenience of the court. 

Recordings are available on the court’s website, 

www.cafc.uscourts.gov free of charge. The court does not provide or 

produce transcripts of oral argument or recommend transcription 

services.

Open to Public.

Unless held in camera, oral arguments are open to the public. Those 

in attendance whose attire or behavior reflects adversely on the 

dignity of the proceedings will be asked to leave.

Oral Argument on Motions.

Oral argument is ordinarily not granted on motions. See Federal Rule 

of Appellate Procedure 27(e).

Introducing New Authority at Argument.

A party seeking to raise new authority at argument that was not 

previously submitted to the court should provide a copy of the new 

authority to the opposing party in advance of argument by email or, if 

time permits, by filing a citation of supplemental authority pursuant 

to Federal Rule of Appellate Procedure 28(j).

Use of Visual Aids.

The court discourages the use of visual aids or presentations during 

argument.

Forms.

Using Federal Circuit Form 32 satisfies the requirements for 

responding to the clerk of court’s notice to advise of scheduling 

conflicts and for ongoing advising of schedule conflict changes under 

Federal Circuit Rule 34(d). Using Federal Circuit Form 33 satisfies 
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Federal Circuit Rules of Practice (December 1, 2020) – UPDATE Page 157

PRACTICE NOTES TO RULE 34

the requirements for responding to the clerk of court’s notice of oral 

argument under Federal Circuit Rule 34(e).


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FEDERAL CIRCUIT RULE 35

En Banc Determination

(a) General.

(1) Arguing to a Panel to Overrule a Precedent.

Although only the court en banc may overrule a binding 

precedent, a party may argue, in its brief and oral argument, to 

overrule a binding precedent without petitioning for hearing en 

banc. The panel will decide whether to ask the judges in regular 

active service to consider hearing the case en banc.

(2) Frivolous Petition.

A petition for hearing or rehearing en banc that does not meet 

the standards of Federal Rule of Appellate Procedure 35(a) may 

be deemed frivolous and sanctions may be imposed.

(b) Statement of Counsel.

(1) Petition for Hearing En Banc.

A petition that an appeal be initially heard en banc must 

contain the following statement of, and separately signed by, 

counsel at the beginning:

Based on my professional judgment, I believe this appeal 

requires an answer to one or more precedent-setting 

questions of exceptional importance: (set forth each 

question in a separate sentence).

(2) Petition for Rehearing En Banc.

A petition that an appeal be reheard en banc must contain one 

or both of the following statements of, and separately signed by, 

counsel at the beginning:

Based on my professional judgment, I believe the panel 

decision is contrary to the following decision(s) of the 

Supreme Court of the United States or the precedent(s) 

of this court: (cite specific decisions).

Based on my professional judgment, I believe this appeal 

requires an answer to one or more precedent-setting 

questions of exceptional importance: (set forth each 

question in a separate sentence).
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FEDERAL CIRCUIT RULE 35

(c) Number of Copies.

Eighteen (18) paper copies of any petition for hearing or rehearing en 

banc, combined petition, or related response must be filed with the 

court in accordance with Federal Circuit Rule 25(c)(3).

(d) Combined Petition for Panel Rehearing and Rehearing En

Banc.

If a party chooses to file both a petition for panel rehearing under 

Federal Circuit Rule 40 and a petition for a rehearing en banc, then 

the two must not be filed separately and they must be combined. The 

cover of a combined petition must indicate that it is a combined 

petition.

(e) Contents of Petition for Hearing En Banc, Petition for 

Rehearing En Banc, and Combined Petition; Response.

(1) Required Contents.

The required contents for a petition for hearing en banc, 

petition for rehearing en banc, and combined petition are as 

follows:

(A) a white cover or first sheet as prescribed in Federal Rule 

of Appellate Procedure 32(c)(2)(A);

(B) the certificate of interest under Federal Circuit Rule 

47.4, which must appear immediately after the front 

page;

(C) the table of contents;

(D) the table of authorities;

(E) the statement of counsel required under Federal Circuit 

Rule 35(b);

(F) if filing a combined petition, the points of law or fact the 

filer believes the court has overlooked or 

misapprehended as required under Federal Rule of 

Appellate Procedure 40(a)(2);

(G) the argument;
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FEDERAL CIRCUIT RULE 35

(H) if filing a petition for rehearing en banc or combined 

petition, a copy of this court’s dispositive order, opinion, 

or judgment of affirmance without opinion attached as an 

addendum; and

(I) a certificate of compliance that adheres to Federal Rule 

of Appellate Procedure 32(g).

(2) Response.

If the court requests a response, which must not exceed 3,900 

words if prepared electronically or fifteen (15) pages otherwise, 

the required contents are as follows:

(A) a white cover or first sheet as prescribed in Federal Rule 

of Appellate Procedure 32(c)(2)(A);

(B) the certificate of interest under Federal Circuit Rule 

47.4, which must appear immediately after the front 

page;

(C) the table of contents;

(D) the table of authorities;

(E) the argument in response;

(F) any addendum under Federal Circuit Rule 35(i); and

(G) a certificate of compliance that adheres to Federal Rule 

of Appellate Procedure 32(g).

(f) Copies of Briefs in Cases to be Heard or Reheard En Banc.

Paper copies of all briefs and appendices that were before the panel 

that initially heard the appeal, as well as any briefs and appendices 

ordered by the court during en banc consideration, must be provided 

to the court in accordance with Federal Circuit Rule 25(c)(3), unless 

the court directs otherwise.

(g) Amicus Curiae Brief.

In addition to the content requirements under Federal Rule of 

Appellate Procedure 29(b)(4), the following apply to amicus curiae 

briefs filed during the court’s consideration of whether to grant a 

petition for hearing en banc, petition for rehearing en banc, or 

combined petition for panel rehearing and rehearing en banc, except 

as otherwise permitted or directed by the court.
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FEDERAL CIRCUIT RULE 35

(1) Leave.

The brief must be accompanied by a motion for leave to file.

(2) Timeliness.

Any brief and motion for leave must be filed within fourteen 

(14) days after the date of the filing of the petition or response 

that the amicus curiae supports. If the amicus curiae does not 

support either party, then the brief and motion must be filed 

within fourteen (14) days after the date of the filing of the 

petition.

(3) Type-Volume Limitation.

The brief must not exceed 2,600 words if prepared electronically 

or ten (10) pages otherwise.

(4) Number of Copies.

Eighteen (18) paper copies of the brief must be provided to the 

court in accordance with Federal Circuit Rule 25(c)(3).

(h) Informal En Banc Petition; Response.

(1) Informal Petition.

An unrepresented party may file three (3) copies of an informal 

petition for hearing en banc, petition for rehearing en banc, or 

combined petition for panel rehearing and rehearing en banc in 

letter form not to exceed fifteen (15) typewritten double-spaced 

pages, attaching to each a copy of the dispositive order, opinion, 

or judgment sought to be reheard, if applicable.

(2) Informal Response.

If the court requests a response to an informal petition for 

hearing en banc, informal petition for rehearing en banc, or 

informal combined petition for panel rehearing and rehearing 

en banc, or if the court requests an unrepresented party to 

respond to a formal petition, the response may be informal. The 

informal response may not exceed fifteen (15) typewritten 

double-spaced pages, and three (3) copies must be filed in 

accordance with Federal Circuit Rule 25(c)(3).
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FEDERAL CIRCUIT RULE 35

(i) Addendum Contents.

(1) Court’s Decision.

A copy of the dispositive order, opinion, or judgment of 

affirmance without opinion sought to be reheard must be bound 

with the petition as an addendum.

(2) Reproduction of Statutes, Rules, Regulations, etc.

If the court’s determination of the issues presented requires the 

study of statutes, rules, regulations, etc., the relevant parts 

must be set out in the petition or response, or in any addendum 

attached to the petition or response.

(3) Other Material.

Material not listed in subsections (1)–(2) above or permitted 

under Federal Rule of Appellate Procedure 32.1(b) may not be 

included as an addendum without leave of the court.

(j) Time.

A petition for rehearing en banc or combined petition for panel 

rehearing and rehearing en banc must be filed within the time 

prescribed for a petition for panel rehearing under Federal Circuit 

Rule 40(d).

PRACTICE NOTES TO RULE 35

Hearing or Rehearing En Banc.

The court may sua sponte order that an appeal be initially heard or be 

reheard en banc. The panel or a judge on the panel that is considering 

a case may at any time request the judges of the court in regular active 

service to hear or rehear the case en banc with or without further 

briefs or argument by counsel.

Rehearing En Banc; Senior Judges.

If a senior judge participated in the original hearing and disposition 

of a case for which rehearing en banc is granted, that senior judge may 

participate fully in the rehearing.
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Federal Circuit Rules of Practice (December 1, 2020) – UPDATE Page 165

PRACTICE NOTES TO RULE 35

Combined Petition for Panel Rehearing and Rehearing En Banc.

When a combined petition for panel rehearing and petition for 

rehearing en banc is filed, the petition for panel rehearing is decided 

first in the same manner as a petition for panel rehearing without an 

accompanying petition for rehearing en banc. If the panel grants the 

requested relief, the petition for rehearing en banc is deemed moot.

Petition for Rehearing En Banc Referred to Panel.

A petition for rehearing en banc is presumed to request relief that can 

be granted by the panel that heard the appeal, and action on the 

petition for rehearing en banc will be deferred until the panel has an 

opportunity to grant the relief requested.

Timeliness.

A petition for hearing or rehearing en banc is filed when the court 

receives it, not on the date it was mailed. The clerk of court may 

return an untimely petition for hearing or rehearing en banc.

Nonprecedential Opinions.

A petition for rehearing en banc is rarely appropriate if the appeal was 

the subject of a nonprecedential opinion by the panel of judges that 

heard it.

Writ of Certiorari.

Filing a petition for a panel rehearing or for rehearing en banc is not 

a prerequisite to filing a petition for a writ of certiorari in the Supreme 

Court.




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Federal Circuit Rules of Practice (December 1, 2020) – UPDATE Page 170

FEDERAL CIRCUIT RULE 39

Costs

(a) Notice of Entitlement to Costs.

When the clerk of court provides notice of judgment or order disposing 

of an appeal, the clerk of court must advise which party or parties are 

entitled to costs. Notice of entitlement to costs may be made in the 

judgment, in the order disposing of the appeal, or on the docket.

(b) Bill of Costs; Objection.

A party must file the bill of costs on the form prescribed by the court. 

An objection to the bill of costs must not exceed 1,300 words if 

prepared using a computer or five (5) pages otherwise. Any objection 

must include a certificate of compliance that adheres to Federal Rule 

of Appellate Procedure 32(g)(1).

(c) Rates.

The clerk of court is authorized to set a maximum rate at which costs 

may be taxed. In setting the maximum rate, the clerk of court will 

evaluate the most economical means of printing, reproduction, and 

binding available in the Washington, D.C. metropolitan area. The 

maximum rates set will be posted on the court’s website and included 

as an attachment to the court’s published Federal Rules of Practice 

and Bill of Costs form. Costs are taxed at the maximum rate or at the 

actual cost, whichever is lower. Costs may not be taxed for more paper 

copies than those required by Federal Circuit Rule 25(c)(3).

(d) Taxable Costs.

A motion for leave providing specific explanation and justification 

must accompany the bill of costs if costs for items not described in 

Federal Rule Appellate Procedure 39(c) are sought or if costs are 

sought at a rate higher than the allowable costs.

(e) Costs in Favor of Intervenors.

No costs will be taxed in favor of intervenors without leave of the court.
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Federal Circuit Rules of Practice (December 1, 2020) – UPDATE Page 171

PRACTICE NOTES TO RULE 39

Costs When the United States Is a Party.

28 U.S.C. § 2412(a) authorizes costs to be taxed against the United 

States; thus, costs (as defined in 28 U.S.C. § 1920) may be awarded 

both for and against the United States in this court.

Allowable Costs.

The costs of correcting a nonconforming brief or appendix are not 

taxable. Counsel are urged to stipulate to costs.

Payment of Costs Taxed.

Pay the party or parties in whose favor costs are taxed by check sent

to counsel for the party or to the party if the party is unrepresented. 

The court is not involved in collection matters.

Costs in a Case Involving a Claim Under the Uniformed Services 

Employment and Reemployment Rights Act of 1994.

No costs are taxed if the underlying appeal involved a claim under the 

Uniformed Services Employment and Reemployment Rights Act of 

1994 (USERRA). 38 U.S.C. §§ 4323, 4324. The petitioner must 

complete Federal Circuit Form 6B to inform the court that the case 

involves a claim under USERRA.

Form for Bill of Costs.

Using Federal Circuit Form 24 satisfies the Bill of Costs form 

requirements under Federal Circuit Rule 39(b).


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Federal Circuit Rules of Practice (December 1, 2020) – UPDATE Page 174

FEDERAL CIRCUIT RULE 40

Petition for Panel Rehearing

(a) Contents of Petition for Panel Rehearing.

The required contents for a petition for panel rehearing are as follows:

(1) a white cover or first page as prescribed in Federal Rule of 

Appellate Procedure 32(c)(2)(A);

(2) the certificate of interest under Federal Circuit Rule 47.4, 

which must appear immediately after the front page;

(3) the table of contents;

(4) the table of authorities;

(5) the points of law or fact overlooked or misapprehended by the 

court;

(6) the argument;

(7) an addendum containing a copy of the court’s dispositive order, 

opinion, or judgment of affirmance without opinion; and

(8) a certificate of compliance that adheres to Federal Rule of 

Appellate Procedure 32(g).

(b) Addendum Contents.

(1) Court’s Decision.

A copy of the dispositive order, opinion, or judgment of 

affirmance without opinion sought to be reheard must be bound 

with the petition for panel rehearing as an addendum.

(2) Reproduction of Statutes, Rules, Regulations, etc.

If the court’s determination of the issues presented requires the 

study of statutes, rules, regulations, etc., the relevant parts 

must be set out in the petition or response, or in any addendum 

attached to the petition or response.

(3) Other Material.

Material not listed in subsections (1)–(2) above or permitted 

under Federal Rule of Appellate Procedure 32.1(b) may not be 

included as an addendum without leave of the court.
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FEDERAL CIRCUIT RULE 40

(c) Response.

If the court requests a response, which must not exceed 3,900 words if 

prepared electronically or fifteen (15) pages otherwise, the required 

contents are as follows:

(1) a white cover or first sheet with the information prescribed in 

Federal Rule of Appellate Procedure 32(c)(2)(A);

(2) the certificate of interest under Federal Circuit Rule 47.4, 

which must appear immediately after the front page;

(3) the table of contents;

(4) the table of authorities;

(5) the argument;

(6) any addendum under Federal Circuit Rule 40(b); and

(7) a certificate of compliance that adheres to Federal Circuit Rule 

32(g)(1).

(d) Time.

Except for a civil case in which the United States or its officer or 

agency is a party, a petition for panel rehearing may be filed within 

thirty (30) days after entry of judgment. If the United States or its 

officer or agency is a party, a petition for panel rehearing may be filed 

within forty-five (45) days after entry of judgment.

(e) Informal Petition for Panel Rehearing; Response.

(1) Informal Petition.

An unrepresented party may file three (3) copies of an informal 

petition for panel rehearing in letter form not to exceed fifteen 

(15) typewritten double-spaced pages, attaching to each a copy 

of the dispositive order, opinion, or judgment sought to be 

reheard.

(2) Informal Response.

If the court requests a response to an informal petition for panel 

rehearing, or if the court requests an unrepresented party to 

respond to a formal petition for panel rehearing, the response 

may be informal. The informal response may not exceed fifteen 
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FEDERAL CIRCUIT RULE 40

(15) typewritten double-spaced pages, and three (3) copies must 

be filed in accordance with Federal Circuit Rule 25(c)(3).

(f) Amicus Curiae Brief.

In addition to the content requirements under Federal Rule of 

Appellate Procedure 29(b)(4), the following apply to amicus curiae 

briefs filed during the panel’s consideration of whether to grant a 

petition for panel rehearing, except as otherwise permitted or directed 

by the court.

(1) Leave.

The brief must be accompanied by a motion for leave to file.

(2) Timeliness.

Any brief and motion for leave must be filed within fourteen 

(14) days after the date of the filing of the petition or response 

that the amicus curiae supports. If the amicus curiae does not 

support either party, then the brief and motion for leave to file 

the brief must be filed within fourteen (14) days after the date 

of the filing of the petition.

(3) Type-Volume Limitation.

The brief must not exceed 2,600 words if prepared 

electronically, or ten (10) pages otherwise.

(4) Number of Copies.

Three (3) paper copies of the brief must be provided to the court 

in accordance with Federal Circuit Rule 25(c)(3).

(g) Number of Copies.

Three (3) paper copies of any petition for panel rehearing or response 

to any petition for panel rehearing must be provided to the court in 

accordance with Federal Circuit Rule 25(c)(3).
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Federal Circuit Rules of Practice (December 1, 2020) – UPDATE Page 177

PRACTICE NOTES TO RULE 40

Timeliness.

A petition for panel rehearing is filed when the court receives it, not 

on the date it was mailed. The clerk of court may return an untimely 

petition for panel rehearing.

Action by the Court.

When a petition for panel rehearing is filed, the clerk of court will 

transmit copies to the panel that decided the case. The clerk of court 

will enter an order denying the petition unless a majority of the panel 

agrees to rehear the case. Rehearing before the panel may take place 

with or without further briefing or oral argument by the parties as the 

court directs.

Combined Petitions.

Federal Circuit Rule 35 governs the filing of combined petitions for 

panel rehearing and rehearing en banc.

Writ of Certiorari.

Filing a petition for a panel rehearing is not a prerequisite to filing a 

petition for a writ of certiorari in the Supreme Court.







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Federal Circuit Rules of Practice (December 1, 2020) – UPDATE Page 185

FEDERAL CIRCUIT RULE 45

(b) Release of Confidential or Sealed Materials.

Absent court order or authorization by these rules, the clerk of court 

may not publicly release any confidential or sealed document except 

to serve case participants with court-issued documents filed under 

seal. Ex parte confidential filings will remain restricted to the court 

until such time as the court deems them fit for release to the parties 

or the public.

(c) Authority to Enter Orders.

The clerk of court may enter an order “For the Court” only when 

authorized by these rules or at the direction of a judge or the court.

(d) Communication with the Court.

All correspondence and telephone calls about cases and motions and 

all press inquiries must be directed to the clerk of court.

(e) Deputy Clerks.

For purposes of these rules, any action that may be taken by the clerk 

of court may also be taken by any sworn deputy clerk of this court.

(f) Electronic Orders and Court Documents.

(1) Entry and Notice.

The electronic filing by the clerk of court of any order, opinion, 

judgment, notice, or other court-issued document through the 

court’s electronic filing system constitutes entry of that 

document on the docket maintained by the clerk of court under 

Federal Rule of Appellate Procedure 45(b), as well as notice to 

and service upon registered electronic filers under Federal Rule 

of Appellate Procedure 45(c). The clerk of court must give notice 

in paper form to any party not receiving electronic notice 

through the court’s electronic filing system.

(2) Signature and Validity.

Documents issued by the court, the clerk of court, or an 

authorized court representative are self-authenticating when 

issued through the court’s electronic filing system. Documents 

requiring a signature may be signed with an original, 

handwritten signature; an electronic signature consistent with 

the signature requirements for electronically filed documents 

under Federal Circuit Rule 25; or an affixed seal of the court. 
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Federal Circuit Rules of Practice (December 1, 2020) – UPDATE Page 186

FEDERAL CIRCUIT RULE 45

Any court document electronically signed and filed through the 

court’s electronic filing system has the same force and effect as 

if it had been signed with an original, handwritten signature.

(3) Paperless Orders.

For routine procedural and notification matters, the clerk of court has 

the discretion to enter a notice or an order on the electronic docket as 

a text-only entry. Such orders have the same force and effect as any 

other order or notice. The clerk of court must give notice in paper form 

to any party not receiving electronic notice through the court’s 

electronic filing system.

(g) Public Notice.

For purposes of these rules, the clerk of court satisfies any public 

notice requirement by posting the notice on the court’s website.


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Federal Circuit Rules of Practice (December 1, 2020) – UPDATE Page 189

FEDERAL CIRCUIT RULE 46

(2) the United States Court of International Trade;

(3) the United States Court of Federal Claims;

(4) the United States Court of Appeals for Veterans Claims; or

(5) the District of Columbia Court of Appeals.

(b) Procedure for Admission.

(1) Motion in Open Court.

An attorney may be admitted to the bar in open court by 

appearing personally with a sponsor who is a member of the bar 

of this court and who states the applicant’s qualifications and 

moves the admission. Motions for admission to the bar will be 

entertained at the opening of each session of court.

(2) Written Motion by Member of the Court’s Bar.

An attorney may be admitted on written motion of a member of 

the bar of the court who attests to the applicant’s qualifications.

(3) Written Motion by Attorney.

An attorney may be admitted on that attorney’s own motion, 

accompanied by a certificate of good standing from a court listed 

in Federal Circuit Rule 46(a). The certificate must be dated 

within thirty (30) days of the motion for admission and must 

bear the seal of the issuing court. A written motion for 

admission must be submitted on a form approved by this court. 

The clerk of court will furnish the form.

(4) Oath.

Each attorney admitted to the bar of this court must take an 

oath prescribed by the court.

(c) Application, Submission, and Payment.

An attorney seeking admission to the bar of this court must 

electronically submit an application for admission in accordance with 

the court’s Electronic Filing Procedures. After admission, the 

applicant will receive a certificate of admission in the mail. The fees 

for admission to the bar and a duplicate certificate are set by the court 

and are posted in accordance with Federal Circuit Rule 52(a).
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Federal Circuit Rules of Practice (December 1, 2020) – UPDATE Page 190

FEDERAL CIRCUIT RULE 46

(d) Government Attorney.

An attorney for any federal, state, or local government office or agency 

may appear before this court in connection with that attorney’s official 

duties without formal admission to the bar of the court.

(e) Change of Name or Contact Information.

An attorney admitted to the bar of this court must promptly update 

electronic filing account information to reflect any change of name or 

change in contact information.

(f) Disciplinary Action.

Disciplinary action against an attorney will be conducted in 

accordance with the Federal Circuit Attorney Discipline Rules.

PRACTICE NOTES TO RULE 46

Form for Written Motion for Admission.

Using Federal Circuit Form 21 satisfies the requirements for a written 

motion for admission under Federal Circuit Rule 46(b)(2) and (3).

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Federal Circuit Rules of Practice (December 1, 2020) – UPDATE Page 192

FEDERAL CIRCUIT RULE 47

Adoption of Local Rules

(a) Regular Amendments.

(1) The court has adopted several local rules pursuant to Federal 

Rule of Appellate Procedure 47.

(2) On its own motion or on the proposal of either the court’s Advisory 

Council or any person, the court may propose amendments to 

these rules by giving public notice and the opportunity for public 

comment on any proposed amendments for a period of at least 

thirty (30) days. Following the period of public notice, the court 

may adopt, amend and adopt, or take no action on the proposed 

amendments and give public notice of its action.

(3) In the event the court adopts final amendments to these rules, the 

clerk of court will give public notice of the effective date of any 

amendments. Unless otherwise ordered, any amendments will 

apply to all cases pending on or after the effective date of the 

amendments to the extent practicable.

(b) Emergency Amendments.

If the court determines that there is an immediate need for a new rule 

or a rule amendment based on the urgency of the matter involved, the 

court may provide that an amendment take immediate effect, with a 

period of public notice and opportunity for public comment to follow. See

28 U.S.C. § 2071(e).

(c) Internal Operating Procedures and Other Matters.

The court may adopt or amend internal operating procedures, standing 

or administrative orders, court forms, and other matters as necessary to 

implement these rules or otherwise provide for practice before this court. 

To the extent practicable, the court will provide public notice in advance 

of any effective date.
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Federal Circuit Rules of Practice (December 1, 2020) – UPDATE Page 193

FEDERAL CIRCUIT RULE 47.1

Sessions and Places of Holding Court

(a) Sessions.

Sessions of the court will be held as the court announces.

(b) Places of Holding Court.

The court may hold sessions in any place named and permitted in 28 

U.S.C. § 48.

FEDERAL CIRCUIT RULE 47.2

Panels

(a) Panels.

When not heard en banc, cases and controversies will be heard and 

determined by a panel consisting of an odd number of at least three 

judges. A panel generally will include no more than one senior judge. 

See 28 U.S.C. § 46(c).

(b) Assignment of Cases.

Assignment of cases to panels will be made so as to provide each judge 

with a representative cross-section of the fields of law within the 

jurisdiction of the court. See 28 U.S.C. § 46(b).
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Federal Circuit Rules of Practice (December 1, 2020) – UPDATE Page 194

FEDERAL CIRCUIT RULE 47.3

Representation and Appearance

(a) Representation Requirements.

A corporation, partnership, organization, or other legal entity must be 

represented by counsel before this court. An individual person may 

choose to be represented by counsel or to proceed without counsel but 

may not be represented by a non-member of the bar of this court.

(b) Appearance.

(1) Counsel.

Counsel retained prior to docketing must file an entry of 

appearance within fourteen (14) days after the court dockets the 

case, and one counsel must be designated as the “principal 

counsel.” Counsel retained after initial docketing must file an 

entry of appearance within fourteen (14) days after being 

retained or admitted to the court’s bar, whichever is later. All 

counsel must file an entry of appearance, except for government 

officials, who, by reason of their status as supervisors or heads 

of offices, may be listed on filings in their ex officio capacity.

(2) Counsel Not Entering Appearances.

Except for government officials noted above, counsel who have 

not filed an entry of appearance will neither be listed on the 

case docket nor on any decision in the case.

(3) Intervenor and Amicus Curiae.

Counsel for each intervenor, amicus curiae, or movant must file 

an entry of appearance contemporaneously with the first 

document filed by that intervenor, amicus curiae, or movant.

(4) Appearance Before Merits Panel.

Counsel seeking to appear for the first time after the case is 

assigned to a merits panel must file a motion for leave of court 

to appear. Only counsel who have filed entries of appearance 

may present oral argument.

(5) Unrepresented Parties.

Each unrepresented party must submit a notice of 

unrepresented person appearance within fourteen (14) days 

after the case is docketed or fourteen (14) days after the last 

remaining counsel for the party has withdrawn.
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Federal Circuit Rules of Practice (December 1, 2020) – UPDATE Page 195

FEDERAL CIRCUIT RULE 47.3

(6) Form and Contents.

An entry of appearance or notice of unrepresented person 

appearance must be prepared on the form supplied by the clerk 

of court, and all information requested on the form must be 

provided. At the time of filing an entry of appearance, any 

counsel listed on that form may file and sign the form on behalf 

of all listed counsel.

(c) Substitution or Withdrawal of Counsel.

Principal counsel may not withdraw from representing a party 

without notice to the party and leave of the court. Government 

attorneys and non-principal counsel for other parties may withdraw 

by filing a notice with the clerk of court. To substitute principal 

counsel, the current principal counsel and new principal counsel must 

each file amended entries of appearance noting the changes in 

representation.

PRACTICE NOTES TO RULE 47.3

Appearance Form.

Using Federal Circuit Form 8A satisfies the entry of appearance 

requirements under Federal Circuit Rule 47.3(b)(1) for counsel. Using 

Federal Circuit Form 8B satisfies the notice requirements under 

Federal Circuit Rule 47.3(b)(5) for unrepresented parties.

Counsel on Appeal.

For information on the service of documents on a party before counsel 

has entered an appearance, refer to Federal Circuit Rule 25(e)(5).

New counsel on appeal should provide a copy of the entry of 

appearance form filed in this court to the lower court or agency to 

expedite service of the certified list and other communications.
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Federal Circuit Rules of Practice (December 1, 2020) – UPDATE Page 196

FEDERAL CIRCUIT RULE 47.4

Certificate of Interest

(a) Purpose; Contents.

A certificate of interest is required to determine whether recusal by a 

judge is necessary or appropriate. The certificate must contain the 

information below in the order listed. For purposes of subsections (1)–

(4) below, “entity” refers to any party, intervenor, amicus curiae, or 

movant represented in the case by the counsel filing the certificate of 

interest. Negative responses, if applicable, are required as to each 

item.

(1) The full name of every entity represented in the case by the 

counsel filing the certificate.

(2) For each entity, the name of every real party in interest, if that 

entity is not the real party in interest.

(3) For each entity, that entity’s parent corporation(s) and every 

publicly held corporation that owns ten percent (10%) or more 

of its stock. This satisfies the disclosure statement requirement 

of Federal Rule of Appellate Procedure 26.1(a).

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

not entered an appearance in the appeal, and

(A) appeared for the entity in the lower tribunal; or

(B) are expected to appear for the entity in this court.

(5) Other than the originating case number(s), the title and 

number of any case known to counsel to be pending in this or 

any other court or agency that will directly affect or be directly 

affected by this court’s decision in the pending appeal.

(6) All information required by Federal Rule of Appellate 

Procedure 26.1(b) and (c) that identifies organizational victims 

in criminal cases and debtors and trustees in bankruptcy cases.

(b) Filing.

Each party, intervenor, amicus curiae, or movant must file a 

certificate of interest. The certificate must be filed contemporaneously 

with the first-filed entry of appearance. However, the United States, 

or its officers or agencies, and unrepresented individuals are exempt 

from filing a certificate of interest unless disclosing information under 

Federal Circuit Rule 47.4(a)(6) in compliance with Federal Rule of 

Appellate Procedure 26.1(b). The certificate must also be included 
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Federal Circuit Rules of Practice (December 1, 2020) – UPDATE Page 197

FEDERAL CIRCUIT RULE 47.4

with each motion, petition, or related response, and in each principal 

brief and brief amicus curiae.

(c) Changes.

If any of the information required by Federal Circuit Rule 47.4(a)

changes after the certificate is first filed and before the mandate has 

issued, an amended certificate must be filed within seven (7) days 

after the change.

PRACTICE NOTES TO RULE 47.4

Certificate of Interest.

Using Federal Circuit Form 9 satisfies the certificate of interest 

requirements under Federal Circuit Rule 47.4(a).
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Federal Circuit Rules of Practice (December 1, 2020) – UPDATE Page 198

FEDERAL CIRCUIT RULE 47.5

Statement of Related Cases

Each principal brief and certificate of interest must contain a 

statement of related cases indicating the following:

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

proceeding in the lower court or body was previously before this 

or any other appellate court, stating the following:

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

(2) the date of decision;

(3) the composition of the panel; and

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

(b) the title and number of any case known to counsel to be pending 

in this or any other court or agency that will directly affect or 

be directly affected by this court’s decision in the pending 

appeal.

PRACTICE NOTES TO RULE 47.5

Cases That Only Involve Same General Legal Issue.

Cases are not “related” within the meaning of Federal Circuit Rule 

47.4(a)(5) and 47.5(b) simply because they involve the same general 

legal issue, for example, an issue as to the correct construction of a 

statute or regulation.

FEDERAL CIRCUIT RULE 47.6.

[Reserved]
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Federal Circuit Rules of Practice (December 1, 2020) – UPDATE Page 199

FEDERAL CIRCUIT RULE 47.7

Attorney Fees and Expenses Incurred in This Court

(a) Time for Filing; Response.

(1) Generally.

The court may award attorney fees and expenses when 

authorized by law. An award may be made by the court on its 

own motion or on application of a party.

(2) Time for Filing.

An application for an award of attorney fees and expenses must 

be served and filed within the time prescribed by the statute 

authorizing the award. If the statute does not prescribe a time, 

the application must be made within thirty (30) days after entry 

of the judgment or order denying rehearing, whichever is later. 

However, if a petition for writ of certiorari is filed, the 

application will not be due until thirty (30) days after all 

proceedings in the Supreme Court are concluded.

(3) Response.

No response may be filed to an application for attorney fees and

expenses unless directed by the court, but no application will be 

granted without the court giving the party an opportunity to 

submit a response.

(4) Award on the Court’s Motion.

A party awarded attorney fees and expenses by the court on its 

own motion must file and serve a bill of attorney fees and 

expenses containing the information required in Federal 

Circuit Rule 47.7(b)(2)(A)–(C) with the bill of costs authorized 

by Federal Rule of Appellate Procedure 39(d). Any objection 

must be filed within the time prescribed in Federal Rule of 

Appellate Procedure 39(d).

(b) Contents of Application.

(1) Application under the Equal Access to Justice Act.

An application for attorney fees and expenses under the Equal 

Access to Justice Act must be made on the form prescribed by 

this court.
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Federal Circuit Rules of Practice (December 1, 2020) – UPDATE Page 200

FEDERAL CIRCUIT RULE 47.7

(2) Other Applications.

All other applications for attorney fees and expenses must cite 

the authority for an award and must indicate how the 

prerequisites for an award, including timeliness, are met. In 

addition, all other applications must contain a statement, under 

oath, specifying the following:

(A) the nature of each service rendered;

(B) the amount of time expended rendering each type of 

service; and

(C) the customary charge for each type of service rendered.

PRACTICE NOTES TO RULE 47.7

Equal Access to Justice Act Application Form.

Using Federal Circuit Form 20 satisfies the requirements under 

Federal Circuit Rule 47.7(b)(1) for an application for attorney fees 

under the Equal Access to Justice Act.

FEDERAL CIRCUIT RULE 47.8

In Camera Proceedings

On motion showing that the interest of justice requires it, the court 

may sit in camera, seal its record, or both.
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Federal Circuit Rules of Practice (December 1, 2020) – UPDATE Page 201

FEDERAL CIRCUIT RULE 47.9

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

(a) Time for Filing.

A petition for review of a final order or decision of the Merit Systems 

Protection Board or of an arbitrator pursuant to 5 U.S.C. § 7703(d) 

must be filed by the Director of the Office of Personnel Management 

within sixty (60) days after the date the Board or arbitrator issues 

notice of the final order or decision of the Board or arbitrator.

(b) Contents.

The Director’s petition must contain the following:

(1) a statement of jurisdiction under Federal Rule of Appellate 

Procedure 28(a)(4);

(2) the Director’s determination that the Board or arbitrator erred 

in interpreting a civil service law, rule, or regulation affecting 

personnel management and the reasons supporting the 

determination;

(3) the Director’s determination that the decision or order of the 

Board or arbitrator will have a substantial impact on a civil 

service law, rule, regulation, or policy directive, and the reasons 

supporting the determination; and

(4) an appendix including a copy of the order or decision for which 

review is sought and any relevant portion of the record on 

review; the appendix may also include documents not part of 

the record on review that are relevant to the determination that 

the decision will have substantial impact.

(c) Length of Petition, Response and Reply; Separate Brief.

A petition or response must not exceed 5,200 words if produced 

electronically or twenty (20) pages otherwise. A reply must not exceed 

2,600 words if produced electronically or ten (10) pages otherwise. A 

separate brief supporting a petition, response, or reply is not 

permitted.

(d) Service and Filing.

The Director must electronically file the petition with the clerk of 

court and must serve a copy of the petition on the named respondents, 
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Federal Circuit Rules of Practice (December 1, 2020) – UPDATE Page 202

FEDERAL CIRCUIT RULE 47.9

all other parties before the Board or arbitrator, and the Board or 

arbitrator.

(e) Notice of Docketing.

On receipt, the clerk of court will enter the petition on the docket as a

miscellaneous case and notify the Director, the named respondents, 

all other parties before the Board or arbitrator, and the Board or 

arbitrator of the docketing date.

(f) Appearance by Others.

The Board or arbitrator and any other party to the proceeding desiring 

to participate in the proceeding in this court must enter an appearance 

or file a notice if unrepresented. Anyone appearing will be deemed a 

respondent.

(g) Response; Appendix; Reply.

Within twenty-one (21) days after service of a petition, any respondent 

may file a response. The response may include an appendix 

containing any relevant portion of the record on review not included 

in the appendix to the petition; the appendix may also include 

documents or affidavits not part of the record on review that are 

relevant to the determination that the decision will have substantial 

impact. Within fourteen (14) days after service of a response, the 

Director may file a reply.

(h) Action by the Court.

Granting a petition for review is at the discretion of the court. On 

receipt of an order granting review, the clerk of court must enter the 

petition for review on the general docket. The petition for review will 

then proceed as if filed under Federal Rule of Appellate Procedure 15.
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Federal Circuit Rules of Practice (December 1, 2020) – UPDATE Page 203

FEDERAL CIRCUIT RULE 47.10

Dismissal of a Bankruptcy Stay Case

An appeal stayed in accordance with the bankruptcy stay provisions 

of 11 U.S.C. § 362 may be dismissed by the clerk of court without 

prejudice to the appellant reinstating the appeal within thirty (30)

days after the stay is lifted or the bankruptcy proceeding ends.

FEDERAL CIRCUIT RULE 47.11

Quorum

A quorum is a simple majority of a panel of the court or of the court en 

banc. In determining whether a quorum exists for en banc purposes, 

more than half of all circuit judges in regular active service, including 

recused or disqualified judges, must be eligible to participate in the en 

banc process. If a judge of a panel that has heard oral argument or 

taken under submission any appeal, petition, or motion is unable to 

continue with consideration of the matter because of death, illness, 

resignation, incapacity, or recusal, the remaining judges will 

determine the matter if they are in agreement and no remaining judge 

requests the designation of another judge. If the remaining judges are 

not in agreement or if any remaining judge requests the designation 

of another judge, the remaining judges will promptly advise the chief 

judge who will secure another judge to sit with the panel.

FEDERAL CIRCUIT RULE 47.12

[Reserved]

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Federal Circuit Rules of Practice (December 1, 2020) – UPDATE Page 205

FEDERAL CIRCUIT RULE 50

Employee and Former Employee

(a) Restrictions on Practice.

No employee of the court may engage in the practice of law. No former 

employee of the court may participate or assist, by representation, 

consultation, or otherwise, in any case that was pending in the court 

during the period of employment.

(b) Requirements of Counsel.

All counsel appearing in cases before the court are required to take 

reasonable steps to ensure compliance with this rule. See In re 

Violation of Rule 50, 712 F. App’x 1005 (Fed. Cir. 2018).

(c) Employee Defined.

For purposes of this rule, a person serving at the court as an intern, 

whether in a judge’s chambers or otherwise, is considered an employee 

of the court, whether such service is for pay, for law school credit, or 

voluntary.

PRACTICE NOTES TO RULE 50

All Future Participation and Assistance Prohibited.

A former employee of the court is prohibited from participating or 

assisting in any case after employment with the court if the case was 

before this court at any point during the person’s employment. Thus, 

for example, a former employee is prohibited from participating or 

assisting in a case in a trial forum, agency, or other forum if the case 

was before this court during the person’s employment and was 

remanded by this court or otherwise continued in the trial forum, 

agency, or other forum for any other reason. A former employee is also 

prohibited, for example, from participating or assisting in the case if 

it is subsequently before this court again or if it is before the Supreme 

Court of the United States. In addition to Federal Circuit Rule 50, 

former employees should also consult any applicable local bar rules 

and Canon 3(d) of the Code of Conduct for Judicial Employees.
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Federal Circuit Rules of Practice (December 1, 2020) – UPDATE Page 206

FEDERAL CIRCUIT RULE 51

Complaint of Judicial Misconduct or Disability

The procedures for processing a complaint of judicial misconduct or 

disability are pursuant to 28 U.S.C. § 351, et seq. The clerk of court 

will provide copies of these procedures on request.

FEDERAL CIRCUIT RULE 52

Fees

(a) Schedule of Fees.

(1) General.

The fees charged by the clerk of court must be the fees 

prescribed by the Judicial Conference of the United States 

pursuant to 28 U.S.C. § 1913 or adopted by the court. No fees 

under this schedule may be charged to federal agencies or 

programs funded from judiciary appropriations, including, but 

not limited to, agencies, organizations, and individuals 

providing services authorized by the Criminal Justice Act, 18 

U.S.C. § 3006A, and Bankruptcy Administrator programs. The 

schedule of fees will be posted on the court’s website and in a 

public area of the courthouse.

(2) Docketing Fee.

The docketing fee will be paid to the trial court clerk of court on 

filing a notice of appeal in that court. The docketing fee will be 

paid to this court’s clerk of court on filing any other proceeding.

(3) Electronic Public Access Fee Schedule.

The fees for electronic public access are authorized by 28 U.S.C. 

§ 1913 and promulgated in the Judicial Conference Electronic 

Public Access Fee Schedule.

(b) Copies of Opinions.

All public court opinions are available on the court’s website or 

PACER without charge. Printed copies of court orders and opinions 

are subject to the Electronic Public Access Fee Schedule.
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Federal Circuit Rules of Practice (December 1, 2020) – UPDATE Page 207

FEDERAL CIRCUIT RULE 52

(c) Fees to Be Paid in Advance.

Each notice of appeal, petition for review, application or crossapplication for enforcement, petition for an extraordinary writ, and 

petition for permission to appeal filed electronically as a caseinitiating document with this court must be accompanied by the 

docketing fee, or a motion for leave to proceed in forma pauperis or 

other waiver, as described in the court’s Electronic Filing Procedures.

The clerk of court may defer taking any additional action on these 

documents after initial docketing until any fee due is paid or the court 

or clerk of court grants a fee waiver. The clerk of court may also defer 

action on all other services requiring payment under the Schedule of 

Fees until payment is received.

(d) Dismissal for Failing to Pay Docketing Fee.

If a proceeding is docketed without prepayment of the docketing fee, 

the appellant or petitioner must pay the fee within fourteen (14) days 

after docketing, unless ordered otherwise. If the clerk of court does 

not receive the docketing fee, a completed motion for leave to proceed 

in forma pauperis, or a completed USERRA notice within the allotted 

timeframe, the clerk of court is authorized to dismiss the proceeding.

(e) Fee Payment.

Electronic filers must pay all fees electronically as provided in the 

court’s Electronic Filing Procedures. Paper filers must pay all fees in 

U.S. dollars in the manner set by the clerk of court based on applicable 

regulations of the Judicial Conference of the United States and United 

States Department of the Treasury. Checks must be made payable to 

the Clerk of Court, United States Court of Appeals for the Federal 

Circuit.
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Federal Circuit Rules of Practice (December 1, 2020) – UPDATE Page 208

PRACTICE NOTES TO RULE 52

No Refund of Fees.

Fees are deposited with the Treasury Department on receipt. The 

clerk of court cannot refund any fee once it is deposited, except the 

clerk of court may refund (1) any fee paid in excess of the fee 

established by the court’s Schedule of Fees or this court and (2) any 

duplicate fee for the same transaction.

Methods of Payment.

The clerk of court accepts only exact amounts in U.S. dollars and 

cannot provide change. For payment by personal check or direct debit 

(ACH), credit for payment will be given only after the check has been 

accepted by the issuing financial institution. Checks returned for 

insufficient funds are subject to collection, including an additional fee 

for insufficient funds as set by the court’s Schedule of Fees. The clerk 

of court will not accept credit or debit card payments over the phone.

Docketing Fee and Costs in a Case Involving a Claim Under the 

Uniformed Services Employment and Reemployment Rights Act of 

1994.

In a petition for review of a Merits Systems Protection Board decision, 

a petitioner is not required to pay the docketing fee if the case involved 

a claim under the Uniformed Services Employment and 

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

4324. A petitioner claiming exemption from the fee pursuant to 

USERRA should submit Federal Circuit Form 6B within fourteen (14) 

days after the date of docketing of the petition and may be required to 

submit documentation that the case before the Board involved a 

USERRA claim.
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FEDERAL CIRCUIT RULE 53

Judicial Conference

There will be held, at a time and place designated by the chief judge, 

a conference to consider the business of the court and to advise means 

of improving the administration of justice. The chief judge presides at 

the conference. All members of the bar of the court may be members 

of the conference and may participate in its discussions and 

deliberations. Registrants must pay a fee to be applied to the payment

of expenses of the conference.

FEDERAL CIRCUIT RULE 54

Library

(a) General.

The library in the Howard T. Markey National Courts Building serves 

this court and the United States Court of Federal Claims.

(b) Authorized Users.

The library’s authorized users are limited to the following:

(1) the judges of the courts;

(2) staff of either court;

(3) members of the bars of either court;

(4) unrepresented parties with pending cases in either court;

(5) attorneys employed by the United States; and

(6) employees of the Administrative Office of the United States 

Courts and the Federal Judicial Center.

(c) Suspension; Closing.

The librarian may suspend an authorized user for cause and may, 

when warranted, close the library to all except judges and the court 

staff.
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Federal Circuit Rules of Practice (December 1, 2020) – UPDATE Page 210

(d) Books: Check Out and Removal.

Only judges and the court staff may check out books from the library. 

Library books must not be removed from the premises of the Howard 

T. Markey National Courts Building without express permission from 

the librarian.
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Federal Circuit Rules of Practice (December 1, 2020) – UPDATE Page 211

FEDERAL CIRCUIT ATTORNEY DISCIPLINE RULES

INTRODUCTION

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

furtherance of its power and responsibility under Federal Rule of 

Appellate Procedure 46 and its inherent power and responsibility to 

supervise the conduct of attorneys who are members of its bar, 

promulgates the following Attorney Discipline Rules.

The rules contemplate that a disciplinary proceeding stemming from 

most misconduct that occurs before a merits or motions panel will be 

conducted by that panel. A proceeding stemming from more serious 

misconduct, based on conviction of a serious crime, or imposing 

reciprocal discipline will be conducted by a Standing Panel on Attorney 

Discipline composed of three judges. In conformance with Federal Rule 

of Appellate Procedure 46, a hearing, if requested, will be available in 

any proceeding. The record in an ongoing proceeding will be confidential 

unless otherwise ordered. At the conclusion of a proceeding in which 

discipline is imposed, the final order and the record will be made a public 

record. A final order issued by a panel will be reviewable in a manner 

analogous to review under Federal Rules of Appellate Procedure 35 and 

40.

RULE 1. DEFINITIONS

(a) Another Court.

Another court means any Court of the United States or any court 

of a state, the District of Columbia, a territory, or a 

commonwealth of the United States. For purposes of these rules, 

another court also includes the United States Court of Appeals for 

Veterans Claims and the United States Court of Federal Claims.

(b) Agency. 

Agency means any agency of the United States as defined in 5 

U.S.C. § 551.

(c) Serious Crime. 

Serious crime means (1) any felony or (2) any lesser crime a 

necessary element of which, as determined by statutory or 

common law definition of such crime in the jurisdiction where the 

conviction occurred, is (i) interference with the administration of 

justice, (ii) false swearing, (iii) misrepresentation, (iv) fraud, (v) 

willful failure to file an income tax return, (vi) deceit, (vii) bribery, 

(viii) extortion, (ix) misappropriation, (x) theft, or (xi) an attempt 

or conspiracy or solicitation of another to commit a serious crime.
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Federal Circuit Rules of Practice (December 1, 2020) – UPDATE Page 212

RULE 2. GROUNDS FOR DISCIPLINE

(a) Conviction.

Conviction in another court of a serious crime may be the basis 

for discipline.

(b) Disbarment or Suspension.

Reciprocal discipline may be imposed based on disbarment or 

suspension by another court or by an agency.

(c) Resignation.

Disbarment may be imposed based on an attorney’s disbarment 

on consent or resignation from the bar of another court or an 

agency while an investigation into an allegation of misconduct is 

pending.

(d) Act or Omission.

An act or omission by an attorney that violates the Federal Rules 

of Appellate Procedure, the Federal Circuit Rules, these rules, or 

orders or instructions of the court, other than an act or omission 

contemplated by Rule 3(d) of these rules, may be the basis for 

discipline. A failure to notify the court in compliance with Rule 

6(a) may itself be the basis for discipline.

(e) Conduct Unbecoming.

Any conduct before the court unbecoming a member of the bar 

may be the basis for discipline.

RULE 3. TYPES OF DISCIPLINE

(a) Discipline for Misconduct.

Discipline for attorney misconduct may consist of disbarment, 

suspension for a definite period, monetary sanction, public 

reprimand, private reprimand, or any other disciplinary action 

that the court deems appropriate.

(b) Disbarment.

Disbarment is the presumed discipline for conviction of a serious 

crime.
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Federal Circuit Rules of Practice (December 1, 2020) – UPDATE Page 213

(c) Reciprocal Discipline.

The imposition of reciprocal disbarment or suspension is the 

presumed discipline based on the disbarment or suspension of an 

attorney by another court or an agency. Disbarment based on an 

attorney’s disbarment on consent or resignation from a bar of 

another court or an agency while an investigation into an 

allegation of misconduct is pending constitutes reciprocal 

discipline.

(d) Sanctions Under Other Provisions.

Assessment of damages, costs, expenses, or attorney fees under

Federal Rule of Appellate Procedure 38, 28 U.S.C. § 1927, or 

similar statutory provision are not disciplinary sanctions within 

the meaning of these rules and are not governed by these rules.

RULE 4. DISCIPLINARY MATTERS REFERRED TO THE COURT

(a) Docketing.

The clerk of court will maintain a miscellaneous attorney 

disciplinary matter docket and will assign a number to each 

matter.

(b) Merits or Motions Panel.

When attorney misconduct under these rules occurs within the 

context of a case before a merits panel or a motions panel, that 

panel may impose any discipline except disbarment, suspension, 

or a monetary sanction over $1,000. The proceeding is conducted 

in accordance with Rule 5. In lieu of conducting its own 

proceeding, a majority of the panel may refer the matter to the 

Standing Panel on Attorney Discipline.

(c) Standing Panel on Attorney Discipline.

(1) The Standing Panel must conduct proceedings in any 

matter in which disbarment, suspension, or a monetary 

sanction over $1000 may be considered, or in any matter 

referred by a merits or motions panel.

(2) The Standing Panel will consist of three (3) judges, at least 

two (2) of whom must be judges in regular active service, 

appointed by the Chief Judge. The Chief Judge may serve 

as a member of the Standing Panel. The initial 

appointments will be for one-, two-, and three-year terms, 

so that the members’ terms are staggered. Thereafter, a 

member will be appointed for a three-year term. A member 

who has served on the Standing Panel for three years is not 

eligible for appointment to another term until three years 

after termination of his or her last appointment.
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Federal Circuit Rules of Practice (December 1, 2020) – UPDATE Page 214

(3) The chairperson of the Standing Panel shall be the senior 

judge in regular active service.

(4) If a member of the Standing Panel is unable or unavailable 

to hear a particular matter, the Chief Judge will appoint 

another judge to be a member of the Standing Panel for 

that matter. If a member of the Standing Panel is unable 

to complete the remainder of his or her term for any reason, 

e.g., retirement, incapacity, death, the Chief Judge will

appoint another judge to serve the remainder of the term.

RULE 5. MERITS/MOTIONS PANEL OR STANDING PANEL PROCEDURE

(a) Representation.

An attorney may be represented by counsel in any disciplinary 

proceeding. Counsel must enter an appearance promptly, and in 

any event prior to submitting any documents or at least fourteen 

(14) days before appearing at a hearing, whichever is earlier. 

Except as provided by Federal Circuit Rule 46(d), counsel must be 

a member of the bar of this court.

(b) Show Cause Order.

Any panel may issue an order describing an attorney’s misconduct 

and ordering the attorney to show cause (1) why a specific 

discipline should not be imposed or (2) why a discipline to be 

determined later should not be imposed. Unless otherwise 

ordered, a response is due within thirty (30) days. Any request 

for a hearing must be included in a response.

(c) Uncontested Matter.

If an attorney does not respond to a show cause order or does not 

object to the imposition of a specified discipline, the clerk of court

may then issue a final order imposing such discipline.

(d) Contested Matter. 

If an attorney contests the imposition of discipline or requests a 

hearing, further proceedings must be conducted in accordance 

with Rule 8.

(e) Referral to State Bar Association or Other Disciplinary 

Entity.

The Standing Panel or any merits or motions panel may in its 

discretion refer a pending disciplinary matter or a matter that has 

been concluded to an appropriate state bar association or other 

disciplinary entity.
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Federal Circuit Rules of Practice (December 1, 2020) – UPDATE Page 215

(f) Final Order.

At the conclusion of a proceeding, a panel will issue a final order 

in the matter. The order may direct the attorney or the clerk of 

court to send a copy of the order to all other courts and agencies 

before which an attorney is admitted. The clerk of court may also 

be directed to notify the American Bar Association’s National 

Lawyer Regulatory Data Bank of the discipline.

(g) Review by the Panel or the Judges of the Court.

An attorney may file a petition for rehearing by the panel or a 

combined petition for rehearing by the panel and suggestion for 

rehearing by the judges of the court in regular active service, or a 

majority of the judges in regular active service may order that a 

disciplinary matter be heard or reheard by them. Such a hearing 

or rehearing is not favored and ordinarily will not be ordered 

except when necessary to secure or maintain uniformity of the 

court’s decisions or when the proceeding involves a question of 

exceptional importance. Any such petition must be filed within 

thirty (30) days after the date of the panel’s final order. The 

procedures governing a petition for rehearing or a combined 

petition/suggestion will otherwise be in accordance with the 

provisions of Federal Rules of Appellate Procedure 35 and 40 and 

Federal Circuit Rules 35 and 40.

RULE 6. CONVICTION OR DISCIPLINE IMPOSED BY ANOTHER COURT OR AN AGENCY

(a) Duty of Attorney to Notify.

An attorney who is a member of the bar of this court must notify 

the clerk of court in writing within fourteen (14) days after the 

member’s (1) conviction of a serious crime, (2) disbarment or 

suspension by another court or by an agency, or (3) disbarment on 

consent or resignation from the bar of another court or an agency 

while an investigation into an allegation of misconduct is pending. 

Upon receipt of such information, the clerk of court must follow 

the procedures set forth in Rule 7.

(b) Notification from Another Court or Agency; Sua Sponte.

Upon receipt of a copy of a judgment, order, or other document 

demonstrating that a member of the bar of this court has been 

disbarred or suspended from the practice of law by another court 

or an agency, or has resigned while an investigation into an 

allegation of misconduct is pending, the clerk of court must follow 

the procedures set forth in Rule 7.
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RULE 7. PROCEEDINGS FOR RECIPROCAL DISCIPLINE OR CONVICTION OF SERIOUS 

CRIME

(a) Show Cause Order.

On notification of an attorney’s disbarment or suspension by 

another court or agency, the clerk of court must issue a show 

cause order why the court should not impose the identical 

discipline. On notification of an attorney’s conviction of a serious 

crime or resignation from the bar of another court or agency while 

a misconduct investigation is pending, the clerk of court must

issue a show cause order why disbarment should not be imposed.

(b) Response.

Unless otherwise ordered, a response to a show cause order is due 

within thirty (30) days to the clerk of court and should indicate 

the docket number of the matter. Any request for a hearing must 

be included in a response. In any response, the attorney must (1) 

list all bars to which the attorney is admitted, including all bar 

numbers and other bar identification information and (2) list all 

cases pending before this court in which the attorney is involved.

(c) Uncontested Matter.

If an attorney does not object to the imposition of reciprocal 

discipline or does not respond to the show cause order, the clerk 

of court may then issue a final order imposing such reciprocal 

discipline.

(d) Contested Matter.

If an attorney contests the imposition of reciprocal discipline, 

further proceedings will be conducted in accordance with Rule 8.

(e) Final Order and Further Review.

At the conclusion of a proceeding, the Standing Panel will issue a 

final order in the matter. Any further review will be in accordance 

with Rule 5(g).

RULE 8. CONTESTED PROCEEDINGS

(a) No Request for a Hearing.

If an attorney does not request a hearing in response to a show 

cause order, then the panel will prepare the record consisting of 

the show cause order, the response, and any other documents 

obtained by the panel. If the record includes documents in 

addition to the show cause order and the response, then an 

attorney will be given notice that he or she may inspect and copy 

the record at his or her expense and may file a supplemental 

response. Information will be withheld from an attorney only in 
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Federal Circuit Rules of Practice (December 1, 2020) – UPDATE Page 217

extraordinary circumstances, e.g., for national security or 

criminal investigation reasons. Any supplemental response is

due within fourteen (14) days after the date of the notice 

concerning inspection and copying.

(b) Request for Hearing.

On request by an attorney, except in cases of reciprocal discipline 

under Rule 2(b) or resignation under Rule 2(c) where the 

conducting of a hearing is at the discretion of the panel, the panel 

will schedule a hearing. A hearing scheduled by a merits or 

motions panel will be an oral hearing. If a merits or motions panel 

determines that an evidentiary hearing is necessary, that panel 

will refer the matter to the Standing Panel. In matters that have 

not been referred by a merits or motions panel, the Standing 

Panel shall determine whether a hearing is oral or evidentiary. 

An attorney must be given at least thirty (30) days’ notice of the 

time, date, and place of a hearing.

(1) The record consists of the show cause order, the response, 

and any other documents obtained by the panel. If the 

record includes documents in addition to the show cause 

order and the response, then an attorney will be given 

notice that he or she may inspect and copy the record at his 

or her expense. Information will be withheld from an 

attorney only in extraordinary circumstances, e.g., for 

national security or criminal investigation reasons.

(2) The Standing Panel may compel by subpoena the 

attendance of witnesses, including the attorney subject to 

the proceeding, and the production of documents.

(3) During an evidentiary hearing, an attorney will be afforded 

an opportunity to cross-examine any witnesses called by 

the Standing Panel and to introduce evidence in defense or 

mitigation.

(4) A hearing will be recorded on tape unless an attorney 

arranges to have a reporting service present at his or her 

own expense.

(c) Reciprocal Disciplinary Matter.

Notification that an attorney has been disbarred or suspended by 

another court or agency establishes that the conduct in fact 

occurred and that the discipline was appropriate unless an 

attorney shows the following:

(1) the procedure was so lacking in notice or opportunity to be 

heard that it constituted a deprivation of due process; or
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Federal Circuit Rules of Practice (December 1, 2020) – UPDATE Page 218

(2) there was such an infirmity of proof establishing the 

misconduct that it gave rise to the clear conviction that this 

court could not, consistent with its duty, accept as final the 

conclusion on the matter; or

(3) the imposition of the same discipline by this court would 

result in grave injustice; or

(4) the misconduct established is deemed by this court to 

warrant substantially different discipline.

(d) Conviction of a Serious Crime.

Notification of a conviction of a serious crime is conclusive 

evidence of the commission of that crime for purposes of these 

disciplinary proceedings. If an attorney notifies the court that a 

conviction has been vacated or reversed, the Standing Panel will

promptly review the matter.

RULE 9. REINSTATEMENT

(a) After Reciprocal Disbarment or Suspension.

If disbarment by this court was based on a disbarment by another 

court or agency or a suspension was directed to run concurrently 

with a suspension ordered by another court or agency, then an 

attorney is eligible for reinstatement when the original discipline 

is lifted or expires. An attorney must submit an affidavit notifying 

this court of the action of the court that imposed the original 

discipline. The clerk of court will refer an attorney’s notification 

affidavit to the Standing Panel. Unless otherwise ordered, the 

clerk of court will issue an order reinstating the attorney within 

fourteen (14) days after reference to the Standing Panel.

(b) After Disbarment.

An attorney who has been disbarred as a result of misconduct 

before this court may not apply for reinstatement until the 

expiration of five (5) years from the effective date of the 

disbarment.

(c) After Suspension.

(1) An attorney who has been suspended with automatic 

reinstatement as a result of misconduct before this court 

may file an affidavit of compliance with the suspension 

order after the suspension period has expired. The clerk of 

court will issue an order reinstating the attorney within 

fourteen (14) days.
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(2) An attorney who has been suspended conditioned on 

applying for reinstatement as a result of misconduct before 

this court may file an application after the suspension 

period expires.

(d) Application for Reinstatement.

The clerk of court will refer an application for reinstatement to 

the Standing Panel. Any request for a hearing must be included 

in an application.

(1) The Standing Panel may issue an order granting an 

application or, if no hearing is requested, may issue an 

order denying an application.

(2) If the Standing Panel is not satisfied initially that 

reinstatement is appropriate and a hearing is requested, 

the Standing Panel will schedule a hearing. The Standing 

Panel will decide whether a hearing will be oral or 

evidentiary. At a hearing the applicant has the burden of 

showing that he or she has the moral qualifications, 

competency, and learning in the law required for 

readmission and that the resumption of practice will not be 

detrimental to the integrity and standing of the bar or to 

the administration of justice.

(3) At the conclusion of a proceeding, the Standing Panel will

issue a final order. Further review will be in accordance 

with Rule 5(g).

(e) Successive Application.

A successive application for reinstatement may not be filed until 

one (1) year has elapsed after an adverse decision on an earlier 

application.

RULE 10. ACCESS TO INFORMATION

(a) Confidentiality During Proceedings.

An ongoing disciplinary proceeding is confidential (1) unless the 

attorney subject to the proceeding requests that it be made a 

public record or (2) except to the extent that a panel may disclose 

the subject matter and status of a proceeding if the proceeding is 

based on a conviction of a serious crime, or an allegation that has 

become generally known to the public, or there is a need to notify 

another person or entity to protect the public, the legal profession, 

or the administration of justice.
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(b) Confidentiality Upon Issuance of a Final Order.

A final order issuing a private reprimand or imposing no 

discipline and the record of those proceedings are confidential 

unless the attorney subject to the proceeding requests that it be 

made a public record. If other discipline is imposed, a final order 

and the record will be made a public record at the time of issuance 

of a final order. However, a panel may issue a permanent 

protective order prohibiting the disclosure of any part of the 

record to protect the interest of a complainant, a witness, a third 

party or nonparty, or the attorney.

RULE 11. EFFECTIVE DATE

These rules are effective July 1, 2020.