RULES 

OF 

PRACTICE

United States Court of Appeals

for the Federal Circuit

Federal Rules of Appellate Procedure

Federal Circuit Rules

Practice Notes

Appellate Mediation Program Guidelines

Guide for Pro Se Petitioners and Appellants

Federal Circuit Attorney Discipline Rules

June 1, 2011

Washington, DC
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Federal Rules of Appellate Procedure Federal Circuit Rules

Rule

TITLE I. APPLICABILITY OF RULES

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Rule 1. Scope of Rules; Defi nition; Title

(a) Scope of Rules.

(1) These rules govern procedure in the United States 

courts of appeals.

(2) When these rules provide for fi ling a motion or other 

document in the district court, the procedure must 

comply with the practice of the district court.

(b) Defi nition. In these rules, “state” includes the District 

of Columbia and any United States commonwealth or 

territory.

(c) Title. These rules are to be known as the Federal Rules 

of Appellate Procedure.

Rule 1. Scope of Rules; Title

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

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

(A) the United States district courts;

(B) the United States Court of International Trade;

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

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

for Veterans Claims.

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

board, commission, bureau, or offi cer of the United 

States, including each of the following:

(A) the Board of Patent Appeals and Interferences of 

the Patent and Trademark Offi ce;

(B) the Director of Patents and Trademarks;

(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) certain arbitrators;

(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 Offi ce of Compliance acting under 2 U.S.C. 

§ 1407(a)(1);
Federal Rules of Appellate Procedure Federal Circuit Rules

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Rule

(O) the Government Accountability Offi ce Personnel 

 Appeals Board; or

(P) the Bureau of Justice Assistance.

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

Claims, and Court of Appeals for Veterans Claims.

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

Procedure includes analogous rules of the Court of 

International Trade and the Court of Federal Claims.

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

Procedure includes rules of the Court of Appeals for 

Veterans Claims only where applicable, because that 

court’s rules are derived from the Federal Rules of 

Appellate Procedure.

(c) Title. These rules are to be known as the Federal Circuit 

Rules.

Rule 2. Suspension of Rules

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

— to expedite its decision or for other good cause — 

suspend any provision of these rules in a particular case 

and order proceedings as it directs, except as otherwise 

provided in Rule 26(b).

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Federal Rules of Appellate Procedure Federal Circuit Rules

Rule

TITLE II. APPEAL FROM A JUDGMENT OR ORDER OF A DISTRICT COURT

Rule 3. Appeal as of Right — How Taken

(a) Filing the Notice of Appeal. 

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

district court to a court of appeals may be taken 

only by fi ling a notice of appeal with the district 

clerk within the time allowed by Rule 4. At the 

time of fi ling, the appellant must furnish the clerk 

with enough copies of the notice to enable the clerk 

to comply with Rule 3(d).

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

the timely fi ling of a notice of appeal does not affect 

the validity of the appeal, but is ground only for the 

court of appeals to act as it considers appropriate, 

including dismissing the appeal. 

(3) An appeal from a judgment by a magistrate judge 

in a civil case is taken in the same way as an appeal 

from any other district court judgment.

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

or an appeal in a bankruptcy case may be taken 

only in the manner prescribed by Rules 5 and 6, 

 respectively.

(b) Joint or Consolidated Appeals. 

(1) When two or more parties are entitled to appeal 

from a district-court judgment or order, and their 

interests make joinder practicable, they may fi le a 

joint notice of appeal. They may then proceed on 

appeal as a single appellant. 

(2) When the parties have fi led separate timely notices 

of appeal, the appeals may be joined or consolidated 

by the court of appeals. 

(c) Contents of the Notice of Appeal.

(1) The notice of appeal must:

(A) specify the party or parties taking the appeal 

by naming each one in the caption or body of 

the notice, but an attorney representing more 

than one party may describe those parties with 

such terms as “all plaintiffs,” “the defendants,” 

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

except X”; 

(B) designate the judgment, order, or part thereof 

being appealed; and 

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

Rule 3. Appeal as of Right - How Taken

(a) Appeal Information Sheet; Opinion; Certifi ed Copy of 

Docket Entries. When a notice of appeal is fi led, the trial 

court clerk must promptly send to this court’s clerk the 

appeal information sheet prescribed by this court. The 

trial court clerk must attach a copy of the opinion, if any, 

that accompanied the judgment or order being appealed. 

The trial court clerk must certify the copy of the docket 

entries and send it with the notice of appeal and the appeal 

information sheet.

(b) Petition for Certifi cation of Judgment of the High Court 

of the Trust Territory of the Pacifi c Islands. A petition for 

certifi cation of a judgment of the High Court of the Trust 

Territory of the Pacifi c 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 fi led with this court’s clerk, but otherwise 

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

court for purposes of these rules.

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(2) A pro se notice of appeal is considered fi led on behalf 

of the signer and the signer’s spouse and minor children (if they are parties), unless the notice clearly 

indicates otherwise.

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

certified, the notice of appeal is sufficient if it 

names one person qualifi ed to bring the appeal as 

representative of the class.

(4) An appeal must not be dismissed for informality of 

form or title of the notice of appeal, or for failure 

to name a party whose intent to appeal is otherwise 

clear from the notice.

(5) Form 1 in the Appendix of Forms is a suggested 

form of a notice of appeal.

(d) Serving the Notice of Appeal.

(1) The district clerk must serve notice of the fi ling of 

a notice of appeal by mailing a copy to each party’s 

counsel of record — excluding the appellant’s — 

or, if a party is proceeding pro se, to the party’s last 

known address. When a defendant in a criminal 

case appeals, the clerk must also serve a copy 

of the notice of appeal on the defendant, either 

by personal service or by mail addressed to the 

 defendant. The clerk must promptly send a copy 

of the notice of appeal and of the docket entries — 

and any later docket entries — to the clerk of the 

court of appeals named in the notice. The district 

clerk must note, on each copy, the date when the 

notice of appeal was fi led. 

(2) If an inmate confi ned in an institution fi les a notice 

of appeal in the manner provided by Rule 4(c), 

the district clerk must also note the date when the 

clerk docketed the notice.

(3) The district clerk’s failure to serve notice does 

not affect the validity of the appeal. The clerk 

must note on the docket the names of the parties 

to whom the clerk mails copies, with the date of 

mailing. Service is suffi cient despite the death of a 

party or the party’s counsel.

(e) Payment of Fees. Upon fi ling a notice of appeal, the 

appellant must pay the district clerk all required fees. 

The district clerk receives the appellate docket fee on 

behalf of the court of appeals.

Rule 3
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Federal Rules of Appellate Procedure Federal Circuit Rules

Rule 4

Practice Notes

FAILURE TO FILE A NOTICE OF APPEAL. Only a party that has fi led a notice of appeal may attack all or any part of the trial court judgment. 

Any other party in the trial court not fi ling 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 fi led when the notice of appeal is received by the trial court. An appeal sent to this court 

by the trial court clerk is docketed when it is assigned a docket number, a docket card for the appeal is made available to the public, and 

the names of the parties to the appeal are recorded in the party index that is available to the public.

FILING AND DOCKETING APPEALS UNDER 15 U.S.C. § 3416(c) AND PETITIONS UNDER 42 U.S.C. § 300aa-12(f). Appeals under 15 U.S.C. § 

3416(c) from the district courts and petitions under 42 U.S.C. § 300aa-12(f) from the Court of Federal Claims are fi led in this court, unlike 

other appeals from those courts in which the notice of appeal is fi led with the clerks of those courts. However, once these appeals or 

petitions are fi led in this court, they are forwarded to the clerks of those courts with instructions to comply with Federal Rule of Appellate 

Procedure 3(d).

APPEAL INFORMATION SHEET. The format to use for the appeal information sheet is found in Form 7.

Rule 4. Appeal as of Right — When Taken

(a) Appeal in a Civil Case.

(1) Time for Filing a Notice of Appeal.

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

4(a)(1)(B), 4(a)(4), and 4(c), the notice of 

appeal required by Rule 3 must be filed with the 

district clerk within 30 days after the judgment 

or order appealed from is entered.

(B) When the United States or its offi cer or agency 

is a party, the notice of appeal may be fi led by 

any party within 60 days after the judgment or 

order appealed from is entered.

(C) An appeal from an order granting or denying 

an application for a writ of error coram nobis

is an appeal in a civil case for purposes of Rule 

4(a).

(2) Filing Before Entry of Judgment. A notice of appeal 

fi led after the court announces a decision or order 

— but before the entry of the judgment or order 

— is treated as fi led on the date of and after the 

entry.

(3) Multiple Appeals. If one party timely fi les a notice 

of appeal, any other party may fi le a notice of appeal 

within 14 days after the date when the fi rst notice 

was fi led, or within the time otherwise prescribed 

by this Rule 4(a), whichever period ends later.

Rule 4. Appeal as of Right - Untimely Notice 

The clerk may return a notice of appeal that is untimely on 

its face.
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Rule

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

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

the following motions under the Federal Rules 

of Civil Procedure, the time to fi le an appeal 

runs for all parties from the entry of the order 

disposing of the last such remaining motion:

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

(ii) to amend or make additional factual

findings under Rule 52(b), whether or 

not granting the motion would alter the 

judgment;

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

district court extends the time to appeal 

under Rule 58;

(iv) to alter or amend the judgment under Rule 

59;

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

(vi) for relief under Rule 60 if the motion is 

fi led no later than 28 days after the judgment is entered.

(B) (i) If a party fi les a notice of appeal after the 

court announces or enters a judgment– but 

before it disposes of any motion listed 

in Rule 4(a)(4)(A)–the notice becomes 

effective to appeal a judgment or order, in 

whole or in part, when the order disposing 

of the last such remaining motion is 

entered.

(ii) A party intending to challenge an order 

disposing of any motion listed in Rule 

4(a)(4)(A), or a judgment’s alteration or 

amendment upon such a motion, must fi le 

a notice of appeal, or an amended notice 

of appeal–in compliance with Rule 3(c)

–within the time prescribed by this Rule 

measured from the entry of the order disposing of the last such remaining motion.

(iii) No additional fee is required to fi le an 

amended notice.

(5) Motion for Extension of Time.

(A) The district court may extend the time to fi le a 

notice of appeal if:

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

after the time prescribed by this Rule 4(a)

expires; and

(ii) regardless of whether its motion is fi led 

before or during the 30 days after the time 

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Federal Rules of Appellate Procedure Federal Circuit Rules

Rule

prescribed by this Rule 4(a) expires, that 

party shows excusable neglect or good 

cause.

(B) A motion fi led before the expiration of the 

time prescribed in Rule 4(a)(1) or (3) may be 

ex parte unless the court requires otherwise. If 

the motion is fi led after the expiration of the 

prescribed time, notice must be given to the 

other parties in accordance with local rules.

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

exceed 30 days after the prescribed time or 14 

days after the date when the order granting the 

motion is entered, whichever is later.

(6) Reopening the Time to File an Appeal. The district 

court may reopen the time to fi le an appeal for a 

period of 14 days after the date when its order to 

reopen is entered, but only if all the following conditions are satisfi ed:

(A) the court fi nds that the moving party did not 

receive notice under Federal Rule of Civil Procedure 77(d) of the entry of the judgment or order 

sought to be appealed within 21 days after entry;

(B) the motion is fi led within 180 days after the 

judgment or order is entered or within 14 days 

after the moving party receives notice under 

Federal Rule of Civil Procedure 77(d) of the 

entry, whichever is earlier; and

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

(7) Entry Defi ned.

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

this Rule 4(a):

(i) if Federal Rule of Civil Procedure 58(a)

does not require a separate document, 

when the judgment or order is entered in 

the civil docket under Federal Rule of Civil 

Procedure 79(a); or

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

requires a separate document, when the 

judgment or order is entered in the civil 

docket under Federal Rule of Civil Procedure 79(a) and when the earlier of these 

events occurs:

the judgment or order is set forth on a 

separate document, or

150 days have run from entry of the judgment or order in the civil docket under 

Federal Rule of Civil Procedure 79(a).

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Federal Rules of Appellate Procedure Federal Circuit Rules

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Rule

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

separate document when required by Federal 

Rule of Civil Procedure 58(a) does not affect 

the validity of an appeal from that judgment 

or order.

(b) Appeal in a Criminal Case.

(1) Time for Filing a Notice of Appeal.

(A) In a criminal case, a defendant’s notice of appeal 

must be fi led in the district court within 14 days 

after the later of: 

(i) the entry of either the judgment or the 

order being appealed; or

(ii) the fi ling of the government’s notice of 

appeal.

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

notice of appeal must be fi led in the district 

court within 30 days after the later of:

(i) the entry of the judgment or order being 

appealed; or

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

defendant.

(2) Filing Before Entry of Judgment. A notice of appeal 

fi led after the court announces a decision, sentence, 

or order — but before the entry of the judgment or 

order — is treated as fi led on the date of and after 

the entry.

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

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

motions under the Federal Rules of Criminal 

Procedure, the notice of appeal from a judgment of conviction must be fi led within 14 days 

after the entry of the order disposing of the 

last such remaining motion, or within 14 days 

after the entry of the judgment of conviction, 

whichever period ends later. This provision 

applies to a timely motion:

(i) for judgment of acquittal under Rule 29;

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

on newly discovered evidence, only if the 

motion is made no later than 14 days after 

the entry of the judgment; or

(iii) for arrest of judgment under Rule 34.

(B) A notice of appeal filed after the court 

announces a decision, sentence, or order — but 

before it disposes of any of the motions referred 

to in Rule 4(b)(3)(A) — becomes effective 

upon the later of the following:

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Rule

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

such remaining motion; or

(ii) the entry of the judgment of conviction.

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

amendment — to appeal from an order disposing of any of the motions referred to in Rule 

4(b)(3)(A).

(4) Motion for Extension of Time. Upon a fi nding of 

excusable neglect or good cause, the district court 

may — before or after the time has expired, with 

or without motion and notice — extend the time 

to fi le a notice of appeal for a period not to exceed 

30 days from the expiration of the time otherwise 

prescribed by this Rule 4(b).

(5) Jurisdiction. The fi ling of a notice of appeal under 

this Rule 4(b) does not divest a district court of jurisdiction to correct a sentence under Federal Rule of 

Criminal Procedure 35(a), nor does the fi ling of a 

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

of appeal fi led before entry of the order disposing 

of the motion. The fi ling of a motion under Federal 

Rule of Criminal Procedure 35(a) does not suspend 

the time for fi ling a notice of appeal from a judgment 

of conviction.

(6) Entry Defi ned. A judgment or order is entered for 

purposes of this Rule 4(b) when it is entered on the 

criminal docket.

(c) Appeal by an Inmate Confi ned in an Institution.

(1) If an inmate confi ned in an institution fi les a notice 

of appeal in either a civil or a criminal case, the 

notice is timely if it is deposited in the institution’s 

internal mail system on or before the last day for 

fi ling. If an institution has a system designed for 

legal mail, the inmate must use that system to receive 

the benefi t of this rule. Timely fi ling may be shown 

by a declaration in compliance with 28 U.S.C. §1746 

or by a notarized statement, either of which must 

set forth the date of deposit and state that fi rst-class 

postage has been prepaid.

(2) If an inmate fi les the fi rst notice of appeal in a 

civil case under this Rule 4(c), the 14-day period 

provided in Rule 4(a)(3) for another party to fi le a 

notice of appeal runs from the date when the district 

court dockets the fi rst notice.

(3) When a defendant in a criminal case fi les a notice 

of appeal under this Rule 4(c), the 30-day period 

for the government to fi le its notice of appeal runs 

from the entry of the judgment or order appealed 

from or from the district court’s docketing of the 

defendant’s notice of appeal, whichever is later.

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Rule

Federal Rules of Appellate Procedure Federal Circuit Rules

 4

(d) Mistaken Filing in the Court of Appeals. If a notice of 

appeal in either a civil or a criminal case is mistakenly 

fi led in the court of appeals, the clerk of that court must 

note on the notice the date when it was received and 

send it to the district clerk. The notice is then considered 

fi led in the district court on the date so noted.

Practice Notes

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

 Appeals 28 U.S.C. § 2522 60 days

Petitions 42 U.S.C. § 300aa-12(f) 60 days 

Court of Appeals for Veterans Claims 38 U.S.C. § 7292 60 days

High Court of the Trust 48 U.S.C. § 1901 note 60 days

Territory of the Pacifi c (1994)(Compact of Free

Islands Association: Federated

 States of Micronesia,

 Republic of Marshall

 Islands, Title II,Title One, Article VII,

 § 174(c)); 48 U.S.C.§

 1931 note (1994)(Compact

 of Free Association: Palau,

 Title II, Title One, Article VII

 § 174(c))

UNTIMELY NOTICE OF APPEAL. The United States Court of Appeals for the Federal Circuit cannot waive the untimely fi ling of a notice of appeal.

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 fi les a motion listed in Federal Rule of Appellate Procedure 4(a)(4). Any other party may also notify the clerk 

in such case. On receiving the appropriate docket entries from the district court, the clerk will deactivate the appeal. Deactivation of the 

appeal suspends all further action in the court of appeals. Upon reactivation of the appeal, the clerk will reschedule the next required 

fi ling and notify counsel.
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Rule

Federal Rules of Appellate Procedure Federal Circuit Rules

Rule 5. Appeal by Permission

(a) Petition for Permission to Appeal.

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

within the court of appeals’ discretion, a party must 

fi le a petition for permission to appeal. The petition must be fi led with the circuit clerk with proof 

of service on all other parties to the district-court 

action.

(2) The petition must be fi led within the time specifi ed 

by the statute or rule authorizing the appeal or, if 

no such time is specifi ed, within the time provided 

by Rule 4(a) for filing a notice of appeal.

(3) If a party cannot petition for appeal unless the district court fi rst enters an order granting permission 

to do so or stating that the necessary conditions are 

met, the district court may amend its order, either 

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

include the required permission or statement. In 

that event, the time to petition runs from entry of 

the amended order.

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

Oral Argument.

(1) The petition must include the following:

(A) the facts necessary to understand the question 

presented;

(B) the question itself;

(C) the relief sought;

(D) the reasons why the appeal should be allowed 

and is authorized by a statute or rule; and

(E) an attached copy of:

(i) the order, decree, or judgment complained 

of and any related opinion or memorandum, and

(ii) any order stating the district court’s 

permission to appeal or fi nding that the 

necessary conditions are met.

(2) A party may fi le an answer in opposition or a crosspetition within 10 days after the petition is served.

(3) The petition and answer will be submitted without 

oral argument unless the court of appeals orders 

otherwise.

Rule 5. Appeal by Permission 

(a) Appeal Information Sheet.

(1) A petition for permission to appeal must be 

accompanied by either:

(A) the appeal information sheet prescribed by this 

court prepared by the petitioner; or

(B) a copy of the docket entries in the trial court.

(2) If permission to appeal is granted, the trial court 

clerk must promptly prepare and send the appeal 

information sheet to this court’s clerk. 

(b) Record; Certifi ed Copy of Docket Entries. In an allowed 

appeal, the trial court must retain the record as provided 

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

Circuit Rule 11(a). The trial court clerk must send a certifi ed

copy of the docket entries instead of the record.

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Rule 5

Practice Note

APPEAL INFORMATION SHEET. The format for the appeal information sheet is found in Form 7.

(c) Form of Papers; Number of Copies. All papers must 

conform to Rule 32(c)(2). Except by the court’s permission, a paper must not exceed 20 pages, exclusive of 

the disclosure statement, the proof of service, and the 

accompanying documents required by Rule 5(b)(1)(E). 

An original and 3 copies must be filed unless the court 

requires a different number by the local rule or by order 

in a particular case.

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

Record.

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

permission to appeal, the appellant must:

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

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

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

the order granting permission to appeal is entered 

serves as the date of the notice of appeal for calculating time under these rules.

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

the petitioner has paid the fees. Upon receiving this 

notice, the circuit clerk must enter the appeal on the 

docket. The record must be forwarded and fi led in 

accordance with Rules 11 and 12(c).
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Federal Rules of Appellate Procedure Federal Circuit Rules

Rule 6

Rule 6. Appeal in a Bankruptcy Case from a Final 

Judgment, Order, or Decree of a District Court or 

Bankruptcy Appellate Panel

(a) Appeal From a Judgment, Order, or Decree of a 

District Court Exercising Original Jurisdiction in a 

Bankruptcy Case. An appeal to a court of appeals from 

a fi nal judgment, order, or decree of a district court 

exercising jurisdiction under 28 U.S.C. § 1334 is taken 

as any other civil appeal under these rules.

(b) Appeal From a Judgment, Order, or Decree of a District Court or Bankruptcy Appellate Panel Exercising 

Appellate Jurisdiction in a Bankruptcy Case.

(1) Applicability of Other Rules. These rules apply to 

an appeal to a court of appeals under 28 U.S.C. § 

158(d) from a fi nal judgment, order, or decree of a 

district court or bankruptcy appellate panel exercising appellate jurisdiction under 28 U.S.C. § 158(a) 

or (b). But there are 3 exceptions:

(A) Rules 4(a)(4), 4(b), 9, 10, 11, 12(b), 13-20, 

22-23, and 24(b) do not apply;

(B) the reference in Rule 3(c) to “Form 1 in the 

Appendix of Forms” must be read as a reference 

to Form 5; and

(C) when the appeal is from a bankruptcy appellate 

panel, the term “district court,” as used in any 

applicable rule, means “appellate panel.”

(2) Additional Rules. In addition to the rules made 

applicable by Rule 6(b)(1), the following rules 

 apply:

(A) Motion for rehearing.

(i) If a timely motion for rehearing under 

Bankruptcy Rule 8015 is fi led, the time to 

appeal for all parties runs from the entry 

of the order disposing of the motion. A 

notice of appeal fi led after the district court 

or bankruptcy appellate panel announces 

or enters a judgment, order, or decree 

— but before disposition of the motion 

for rehearing — becomes effective when 

the order disposing of the motion for 

rehearing is entered.

(ii) Appellate review of the order disposing of 

the motion requires the party, in compliance with Rules 3(c) and 6(b)(1)(B), to 

amend a previously fi led notice of appeal. 

A party intending to challenge an altered 

or amended judgment, order, or decree 
Federal Rules of Appellate Procedure Federal Circuit Rules

14

Rule

must fi le a notice of appeal or amended 

notice of appeal within the time prescribed 

by Rule 4 — excluding Rules 4(a)(4) and 

4(b) — measured from the entry of the 

order disposing of the motion.

(iii) No additional fee is required to fi le an 

amended notice.

(B) The record on appeal.

(i) Within 14 days after fi ling the notice of 

appeal, the appellant must fi le with the 

clerk possessing the record assembled in 

accordance with Bankruptcy Rule 8006 — 

and serve on the appellee — a statement 

of the issues to be presented on appeal and 

a designation of the record to be certifi ed 

and sent to the circuit clerk.

(ii) An appellee who believes that other parts 

of the record are necessary must, within 14 

days after being served with the appellant’s 

designation, fi le with the clerk and serve on 

the appellant a designation of additional 

parts to be included.

(iii) The record on appeal consists of:

the redesignated record as provided 

above;

the proceedings in the district court or 

bankruptcy appellate panel; and

a certifi ed copy of the docket entries 

prepared by the clerk under Rule 3(d).

(C) Forwarding the record.

(i) When the record is complete, the district 

clerk or bankruptcy appellate panel clerk 

must number the documents constituting the record and send them promptly 

to the circuit clerk together with a list of 

the documents correspondingly numbered 

and reasonably identifi ed. Unless directed 

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

clerk will not send to the court of appeals 

documents of unusual bulk or weight, 

physical exhibits other than documents, 

or other parts of the record designated 

for omission by local rule of the court of 

appeals. If the exhibits are unusually bulky 

or heavy, a party must arrange with the 

clerks in advance for their transportation 

and receipt.

(ii) All parties must do whatever else is necessary to enable the clerk to assemble and 

 6
15

Federal Rules of Appellate Procedure Federal Circuit Rules

Rule

forward the record. The court of appeals 

may provide by rule or order that a certifi ed copy of the docket entries be sent in 

place of the redesignated record, but any 

party may request at any time during the 

pendency of the appeal that the redesignated record be sent.

(D) Filing the record. Upon receiving the record 

— or a certifi ed copy of the docket entries 

sent in place of the redesignated record — the 

circuit clerk must fi le it and immediately notify 

all parties of the fi ling date.

Rule 7. Bond for Costs on Appeal in a Civil Case

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

to fi le a bond or provide other security in any form and 

amount necessary to ensure payment of costs on appeal. 

Rule 8(b) applies to a surety on a bond given under this 

rule.

Rule 8. Stay or Injunction Pending Appeal

(a) Motion for Stay.

(1) Initial Motion in the District Court. A party must 

ordinarily move fi rst in the district court for the 

following relief:

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

court pending appeal;

(B) approval of a supersedeas bond; or

(C) an order suspending, modifying, restoring, 

or granting an injunction while an appeal is 

pending.

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

Relief. A motion for the relief mentioned in Rule 

8(a)(1) may be made to the court of appeals or to 

one of its judges.

(A) The motion must:

(i) show that moving fi rst in the district court 

would be impracticable; or

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

district court denied the motion or failed 

to afford the relief requested and state any 

reasons given by the district court for its 

action.

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:

(1) a copy of the notice of appeal that has been fi led with 

the trial court clerk; 

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

merits; and 

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

pending appeal. 

(b) Length of Motion, Response, and Reply; Copies; Brief.

(1) A motion or a response to a motion for a stay or 

injunction pending appeal may not exceed 20 pages. 

A reply may not exceed 10 pages.

(2) An original and 4 copies of a motion, response, or reply 

must be fi led.

(3) A separate brief supporting a motion, response, or 

reply is not permitted. 

 8
Federal Rules of Appellate Procedure Federal Circuit Rules

16

Rule

(B) The motion must also include:

(i) the reasons for granting the relief requested 

and the facts relied on;

(ii) originals or copies of affi davits or other 

sworn statements supporting facts subject 

to dispute; and

(iii) relevant parts of the record.

(C) The moving party must give reasonable notice 

of the motion to all parties.

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

filed with the circuit clerk and normally will 

be considered by a panel of the court. But in 

an exceptional case in which time requirements 

make that procedure impracticable, the motion 

may be made to and considered by a single 

judge.

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

fi ling a bond or other appropriate security in 

the district court.

(b) Proceeding Against a Surety. If a party gives security 

in the form of a bond or stipulation or other undertaking with one or more sureties, each surety submits to 

the jurisdiction of the district court and irrevocably 

appoints the district clerk as the surety’s agent on whom 

any papers affecting the surety’s liability on the bond 

or undertaking may be served. On motion, a surety’s 

liability may be enforced in the district court without 

the necessity of an independent action. The motion 

and any notice that the district court prescribes may be 

served on the district clerk, who must promptly mail a 

copy to each surety whose address is known.

(c) Stay in a Criminal Case. Rule 38 of the Federal Rules of 

Criminal Procedure governs a stay in a criminal case.

Practice Notes

FORM REQUIREMENTS. See Federal Rule of Appellate Procedure 27(d) for form requirements concerning motions.

CERTIFICATE OF INTEREST. The format for the certifi cate of interest is found in Form 9.

 8

(c) Notice and Service When Requesting Immediate Action; 

Facsimile.

(1) A party moving for a stay or injunction pending 

appeal who requests immediate action by the court 

must—before fi ling—notify all parties that a motion 

will be fi led and must utilize an expedited method of 

service.

(2) If a motion for a stay or injunction pending appeal is sent 

to the court by facsimile transmission, a certifi cate of 

interest must be included and opposing counsel must 

be served in the same manner. The fi ling must state 

the name, address, and, if applicable, the facsimile 

numbers of the persons served.

(d) Statement. If an initial motion for a stay or injunction 

pending appeal was not made in the district court under 

Federal Rule of Appellate Procedure 8(a)(1), 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 

district court under Federal Rule of Appellate Procedure 

8(a)(1) and remains pending, the movant must include in 

its motion in this court a statement specifi cally identifying 

when it fi led the motion in the district court and why it is 

not practicable to await a ruling by the district court on 

that motion.
17

Federal Rules of Appellate Procedure Federal Circuit Rules

Rule

Rule 9. Release in a Criminal Case

(a) Release Before Judgment of Conviction.

(1) The district court must state in writing, or orally 

on the record, the reasons for an order regarding 

the release or detention of a defendant in a criminal case. A party appealing from the order must 

fi le with the court of appeals a copy of the district 

court’s order and the court’s statement of reasons as 

soon as practicable after fi ling the notice of appeal. 

An appellant who questions the factual basis for 

the district court’s order must fi le a transcript of 

the release proceedings or an explanation of why a 

transcript was not obtained.

(2) After reasonable notice to the appellee, the court of 

appeals must promptly determine the appeal on the 

basis of the papers, affi davits, and parts of the record 

that the parties present or the court requires. Unless 

the court so orders, briefs need not be fi led.

(3) The court of appeals or one of its judges may order 

the defendant’s release pending the disposition of 

the appeal.

(b) Release After Judgment of Conviction. A party entitled 

to do so may obtain review of a district-court order 

regarding release after a judgment of conviction by fi ling 

a notice of appeal from that order in the district court, 

or by fi ling a motion in the court of appeals if the party 

has already fi led a notice of appeal from the judgment of 

conviction. Both the order and the review are subject to 

Rule 9(a). The papers fi led by the party seeking review 

must include a copy of the judgment of conviction.

(c) Criteria for Release. The court must make its decision 

regarding release in accordance with the applicable 

provisions of 18 U.S.C. §§ 3142, 3143, and 3145(c).

Rule 10. The Record on Appeal

(a) Composition of the Record on Appeal. The following 

items constitute the record on appeal:

(1) the original papers and exhibits fi led in the district 

court;

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

(3) a certifi ed copy of the docket entries prepared by 

the district clerk.

(b) The Transcript of Proceedings.

(1) Appellant’s Duty to Order. Within 14 days after 

fi ling the notice of appeal or entry of an order disposing of the last timely remaining motion of a type 

specifi ed in Rule 4(a)(4)(A), whichever is later, the 

appellant must do either of the following:

 10

Rule 10. The Record on Appeal 

Delay in preparing the transcript. When a trial transcript is 

not fi led in the trial court within 60 days after it was ordered, 

the clerk may direct the parties to proceed under Rule 10(c) 

or (d) of the Federal Rules of Appellate Procedure.
Federal Rules of Appellate Procedure Federal Circuit Rules

18

Rule

(A) order from the reporter a transcript of such 

parts of the proceedings not already on fi le as 

the appellant considers necessary, subject to a 

local rule of the court of appeals and with the 

following qualifi cations:

 (i) the order must be in writing;

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

by the United States under the Criminal Justice 

Act, the order must so state; and

 (iii) the appellant must, within the same 

period, fi le a copy of the order with the district 

clerk; or

(B) fi le a certifi cate stating that no transcript will 

be ordered.

(2) Unsupported Finding or Conclusion. If the 

appellant intends to urge on appeal that a fi nding 

or conclusion is unsupported by the evidence or is 

contrary to the evidence, the appellant must include 

in the record a transcript of all evidence relevant to 

that fi nding or conclusion.

(3) Partial Transcript. Unless the entire transcript is 

ordered:

(A) the appellant must — within the 14 days provided in Rule 10(b)(1) — file a statement of 

the issues that the appellant intends to present 

on the appeal and must serve on the appellee 

a copy of both the order or certifi cate and the 

statement;

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

transcript of other parts of the proceedings, the 

appellee must, within 14 days after the service 

of the order or certifi cate and the statement 

of the issues, fi le and serve on the appellant a 

designation of additional parts to be ordered; 

and

(C) unless within 14 days after service of that designation the appellant has ordered all such parts, 

and has so notifi ed the appellee, the appellee 

may within the following 14 days either order 

the parts or move in the district court for an 

order requiring the appellant to do so.

(4) Payment. At the time of ordering, a party must 

make satisfactory arrangements with the reporter 

for paying the cost of the transcript.

(c) Statement of the Evidence When the Proceedings Were 

Not Recorded or When a Transcript Is Unavailable.

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

appellant may prepare a statement of the evidence or 

proceedings from the best available means, including 

 10
19

Federal Rules of Appellate Procedure Federal Circuit Rules

Rule

the appellant’s recollection. The statement must be 

served on the appellee, who may serve objections or 

proposed amendments within 14 days after being served. 

The statement and any objections or proposed amendments must then be submitted to the district court for 

settlement and approval. As settled and approved, the 

statement must be included by the district clerk in the 

record on appeal.

(d) Agreed Statement as the Record on Appeal. In place 

of the record on appeal as defi ned in Rule 10(a), the 

parties may prepare, sign, and submit to the district 

court a statement of the case showing how the issues 

presented by the appeal arose and were decided in the 

district court. The statement must set forth only those 

facts averred and proved or sought to be proved that 

are essential to the court’s resolution of the issues. If 

the statement is truthful, it — together with any additions that the district court may consider necessary to 

a full presentation of the issues on appeal — must be 

approved by the district court and must then be certifi ed to the court of appeals as the record on appeal. 

The district clerk must then send it to the circuit clerk 

within the time provided by Rule 11. A copy of the 

agreed statement may be fi led in place of the appendix 

required by Rule 30.

(e) Correction or Modification of the Record.

(1) If any difference arises about whether the record 

truly discloses what occurred in the district court, 

the difference must be submitted to and settled by 

that court and the record conformed accordingly.

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

or misstated in the record by error or accident, 

the omission or misstatement may be corrected 

and a supplemental record may be certifi ed and 

forwarded:

(A) on stipulation of the parties;

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

has been forwarded; or

(C) by the court of appeals.

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

record must be presented to the court of appeals.

 10

Practice Notes

DAILY COPY. Using daily transcript copy in lengthy trial proceedings can reduce or eliminate appellate delay in awaiting transcription after 

trial.

PROCEDURES TO EXPEDITE DELIVERY OF TRANSCRIPTS. District courts and regional circuit councils have procedures to expedite transcripts 

that may be available to counsel experiencing diffi culty with late delivery of transcripts by court reporters.
Federal Circuit Rules

20

Rule

Federal Rules of Appellate Procedure

Rule 11. Forwarding the Record

(a) Appellant’s Duty. An appellant fi ling a notice of appeal 

must comply with Rule 10(b) and must do whatever else 

is necessary to enable the clerk to assemble and forward 

the record. If there are multiple appeals from a judgment or order, the clerk must forward a single record.

(b) Duties of Reporter and District Clerk.

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

The reporter must prepare and fi le a transcript as 

follows:

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

reporter must enter at the foot of the order the 

date of its receipt and the expected completion 

date and send a copy, so endorsed, to the 

circuit clerk.

(B) If the transcript cannot be completed within 

30 days of the reporter’s receipt of the order, 

the reporter may request the circuit clerk to 

grant additional time to complete it. The clerk 

must note on the docket the action taken and 

notify the parties.

(C) When a transcript is complete, the reporter 

must fi le it with the district clerk and notify 

the circuit clerk of the fi ling.

(D) If the reporter fails to fi le the transcript on 

time, the circuit clerk must notify the district 

judge and do whatever else the court of appeals 

directs.

(2) District Clerk’s Duty to Forward. When the 

record is complete, the district clerk must number 

the documents constituting the record and send 

them promptly to the circuit clerk together with a 

list of the documents correspondingly numbered 

and reasonably identifi ed. Unless directed to do 

so by a party or the circuit clerk, the district clerk 

will not send to the court of appeals documents of 

unusual bulk or weight, physical exhibits other than 

documents, or other parts of the record designated 

for omission by local rule of the court of appeals. 

If the exhibits are unusually bulky or heavy, a party 

must arrange with the clerks in advance for their 

transportation and receipt.

(c) Retaining the Record Temporarily in the District 

Court for Use in Preparing the Appeal. The parties 

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

that the district clerk retain the record temporarily for 

the parties to use in preparing the papers on appeal. In 

that event the district clerk must certify to the circuit 

clerk that the record on appeal is complete. Upon receipt 

Rule 11. Forwarding the Record 

(a) Retaining the Record; Certifi ed Copy of the Docket 

Entries; Physical Exhibits; Archival Storage.

(1) 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 certifi ed copy of the docket 

entries instead of the record.

(2) Archival Storage. The district court clerk 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 fi led, the trial 

court clerk must permit a party or counsel for a party to 

inspect and copy the nonconfi dential 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 modifi es or 

annuls the protective order, the access of a party or 

counsel is governed by the order of this court. 

(c) Preserving a Protective Order on Appeal. Any portion of 

the record that was subject to a protective order in the 

trial court remains subject to that order unless otherwise 

ordered. 

(d) Agreement by Parties to Modify a Protective Order; 

Certifi cate of Compliance. If any portion of the record 

in the trial court is subject to a protective order and a 

notice of appeal has been fi led, each party must promptly 

review the record to determine whether protected portions 

need to remain protected on appeal. If a party determines 

that some portions no longer need to be protected, that 

party must seek an agreement with the other party. Any 

agreement that is reached must be promptly presented 

to the trial court, which may issue an appropriate order. 

Whether or not an agreement is reached, each party must 

fi le a certifi cate of compliance within 45 days of docketing 

stating it complied with this rule. This Federal Circuit Rule 

11(d) does not apply in a case arising under 19 U.S.C. § 

1516a. 

(e) Motion to Modify the Protective Order. A party may move 

at any time in this court to modify a protective order 

 11
21

Federal Rules of Appellate Procedure

Rule

Federal Circuit Rules

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

the parties agree, the appellant must request the district 

clerk to forward the record.

(d) [Abrogated.]

(e) Retaining the Record by Court Order.

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

provide that a certifi ed copy of the docket entries 

be forwarded instead of the entire record. But a 

party may at any time during the appeal request 

that designated parts of the record be forwarded.

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

of it retained if the court needs it while the appeal 

is pending, subject, however, to call by the court of 

appeals.

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

district clerk must send to the court of appeals a 

copy of the order and the docket entries together 

with the parts of the original record allowed by the 

district court and copies of any parts of the record 

designated by the parties.

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

by Stipulation of the Parties. The parties may agree 

by written stipulation fi led in the district court that 

designated parts of the record be retained in the district 

court subject to call by the court of appeals or request 

by a party. The parts of the record so designated remain 

a part of the record on appeal.

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

Appeals. If, before the record is forwarded, a party 

makes any of the following motions in the court of 

appeals:

• for dismissal;

• for release; 

• for a stay pending appeal; 

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

supersedeas bond; or

• for any other intermediate order —

 the district clerk must send the court of appeals any 

parts of the record designated by any party.

to remove protection from some material or to include 

another person within its terms. This court may decide 

the motion or may remand the case to the trial court. This 

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

why a protective order should not be modifi ed.

 11
22

Rule

Federal Rules of Appellate Procedure Federal Circuit Rules

Practice Notes

DATE OF DOCKETING. The date of docketing starts the time running for fi ling briefs. See Federal Circuit Rule 31(a).

REPRESENTATION STATEMENT. The requirements of Federal Rule of Appellate Procedure 12(b) are met by fi ling the entry of appearance and 

certifi cate of interest required under Federal Circuit Rules 47.3 and 47.4.

OFFICIAL CAPTION; PARTICIPATION IN THE APPEAL BY APPELLEES; CONSOLIDATION OF PREVIOUSLY CONSOLIDATED CASES AND CROSSAPPEALS. The clerk will provide the parties with the offi cial caption in the case at the time of docketing. Any objection to the offi cial caption 

should be made within 14 days of receipt. It is the court’s usual practice to include in the caption all parties that participated in the court 

below, even if they are no longer participating in the case on appeal. Parties included in the trial court title who have an adverse interest 

to the appellant but who are not cross-appealing will be deemed appellees. Parties permitted to intervene in the trial court as plaintiffs or 

defendants will be identifi ed only as plaintiff or defendant to avoid confusion with any third party permitted to intervene in the appeal. An 

appellee desiring not to fi le a brief or join in another party’s brief must notify the clerk who will strike the party’s designation as an appellee 

from the offi cial caption. 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 cross-appeals will be consolidated by the clerk. 

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

TRANSFERRED APPEAL. An appeal transferred from another court will be given a new docket number and will be consolidated by the clerk 

with any previously docketed appeal from the same judgment or order.

FILING AND DOCKETING AN APPEAL. An appeal is fi led when the notice of appeal is received by the trial court. An appeal sent to this court 

by the trial court clerk is docketed when it is assigned a docket number, a docket card for the appeal is made available to the public, and 

the names of the parties to the appeal are recorded in the party index that is available to the public.

 12

Rule 12. Docketing the Appeal; Filing a 

 Representation Statement; Filing the Record

(a) Docketing the Appeal. Upon receiving the copy of the 

notice of appeal and the docket entries from the district 

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

appeal under the title of the district-court action and 

must identify the appellant, adding the appellant’s name 

if necessary.

(b) Filing a Representation Statement. Unless the court of 

appeals designates another time, the attorney who fi led 

the notice of appeal must, within 14 days after fi ling the 

notice, fi le a statement with the circuit clerk naming the 

parties that the attorney represents on appeal.

(c) Filing the Record, Partial Record, or Certifi cate. Upon 

receiving the record, partial record, or district clerk’s 

certifi cate as provided in Rule 11, the circuit clerk must 

file it and immediately notify all parties of the fi ling date.

Rule 12.1 Remand After an Indicative Ruling by 

Rule 12. Docketing the Appeal 

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

docketed.
23

Federal Rules of Appellate Procedure Federal Circuit Rules

Rule 12.1

the District Court on a Motion for Relief That Is 

Barred by a Pending Appeal

(a) Notice to the Court of Appeals. If a timely motion is 

made in the district court for relief that it lacks authority 

to grant because of an appeal that has been docketed and 

is pending, the movant must promptly notify the circuit 

clerk if the district court states either that it would grant 

the motion or that the motion raises a substantial issue.

(b) Remand After an Indicative Ruling. If the district 

court states that it would grant the motion or that the 

motion raises a substantial issue, the court of appeals 

may remand for further proceedings but retains jurisdiction unless it expressly dismisses the appeal. If the 

court of appeals remands but retains jurisdiction, the 

parties must promptly notify the circuit clerk when the 

district court has decided the motion on remand.
Federal Rules of Appellate Procedure Federal Circuit Rules

24

Rule 13

TITLE III. REVIEW OF A DECISION OF THE UNITED STATES TAX COURT

Rule 13. Review of a Decision of the Tax Court

(a) How Obtained; Time for Filing Notice of Appeal.

(1) Review of a decision of the United States Tax Court 

is commenced by fi ling a notice of appeal with the 

Tax Court clerk within 90 days after the entry of 

the Tax Court’s decision. At the time of fi ling, the 

appellant must furnish the clerk with enough copies 

of the notice to enable the clerk to comply with Rule 

3(d). If one party fi les a timely notice of appeal, any 

other party may fi le a notice of appeal within 120 

days after the Tax Court’s decision is entered.

(2) If, under Tax Court rules, a party makes a timely 

motion to vacate or revise the Tax Court’s decision, 

the time to fi le a notice of appeal runs from the entry 

of the order disposing of the motion or from the 

entry of a new decision, whichever is later.

(b) Notice of Appeal; How Filed. The notice of appeal 

may be fi led either at the Tax Court clerk’s offi ce in the 

District of Columbia or by mail addressed to the clerk. 

If sent by mail the notice is considered fi led on the postmark date, subject to § 7502 of the Internal Revenue 

Code, as amended, and the applicable regulations.

(c) Contents of the Notice of Appeal; Service; Effect of 

Filing and Service. Rule 3 prescribes the contents of a 

notice of appeal, the manner of service, and the effect of 

its fi ling and service. Form 2 in the Appendix of Forms 

is a suggested form of a notice of appeal.

(d) The Record on Appeal; Forwarding; Filing.

(1) An appeal from the Tax Court is governed by the 

parts of Rules 10, 11, and 12 regarding the record on 

appeal from a district court, the time and manner 

of forwarding and fi ling, and the docketing in the 

court of appeals. References in those rules and in 

Rule 3 to the district court and district clerk are to 

be read as referring to the Tax Court and its clerk.

(2) If an appeal from a Tax Court decision is taken to 

more than one court of appeals, the original record 

must be sent to the court named in the fi rst notice 

of appeal fi led. In an appeal to any other court of 

appeals, the appellant must apply to that other court 

to make provision for the record.
25

Federal Rules of Appellate Procedure Federal Circuit Rules

Rule 14

Rule 14. Applicability of Other Rules to the Review 

of a Tax Court Decision

All provisions of these rules, except Rules 4-9, 15-20, and 

22-23, apply to the review of a Tax Court decision.
Federal Rules of Appellate Procedure Federal Circuit Rules

26

Rule 15

TITLE IV. REVIEW OR ENFORCEMENT OF AN ORDER OF AN

ADMINISTRATIVE AGENCY, BOARD, COMMISSION, OR OFFICER

Rule 15. Review or Enforcement of an Agency 

Order — How Obtained; Intervention

(a) Petition for Review; Joint Petition.

(1) Review of an agency order is commenced by fi ling, 

within the time prescribed by law, a petition 

for review with the clerk of a court of appeals 

authorized to review the agency order. If their 

interests make joinder practicable, two or more 

persons may join in a petition to the same court to 

review the same order.

(2) The petition must: 

(A) name each party seeking review either in the 

caption or the body of the petition — using 

such terms as “et al.,” “petitioners,” or “respondents” does not effectively name the parties;

(B) name the agency as a respondent (even though 

not named in the petition, the United States is 

a respondent if required by statute); and

(C) specify the order or part thereof to be 

reviewed.

(3) Form 3 (Federal Circuit Form 5 herein) in the 

Appendix of Forms is a suggested form of a petition 

for review.

(4) In this rule “agency” includes an agency, board, commission, or offi cer; “petition for review” includes a 

petition to enjoin, suspend, modify, or otherwise 

review, or a notice of appeal, whichever form is 

indicated by the applicable statute.

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

Answer; Default.

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

fi led with the clerk of a court of appeals authorized 

to enforce the order. If a petition is fi led to review 

an agency order that the court may enforce, a party 

opposing the petition may fi le a cross-application 

for enforcement.

(2) Within 21 days after the application for enforcement 

is fi led, the respondent must serve on the applicant 

an answer to the application and fi le it with the clerk. 

If the respondent fails to answer in time, the court 

will enter judgment for the relief requested.

(3) The application must contain a concise statement 

of the proceedings in which the order was entered, 

the facts upon which venue is based, and the relief 

requested.

Rule 15. Review of an Agency Order - 

How Obtained 

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

Address and Telephone Number of Counsel or Pro Se 

Petitioner or Appellant; Number of Copies.

(1) From the Patent and Trademark Offi ce. To appeal 

a decision of the Board of Patent Appeals and 

Interferences, the Trademark Trial and Appeal Board, 

or the Director under 15 U.S.C. § 1071(a), the appellant 

must fi le in the Patent and Trademark Offi ce a notice of 

appeal within the time prescribed by law. The appellant 

must simultaneously send to the clerk three copies 

of the notice with the fee set forth in Federal Circuit 

Rule 52. The Director must promptly advise the clerk 

that the notice is or is not timely.

(2) From Another Agency.

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

to petition or appeal from a decision or order of 

an agency, the petitioner must fi le a petition for 

review or notice of appeal with this court’s clerk 

within the time prescribed by law. Upon fi ling, the 

petitioner must pay the clerk the fee set forth in 

Federal Circuit Rule 52.

(B) A petition fi led by the Director of the Offi ce 

of Personnel Management must be fi led as 

prescribed in Federal Circuit Rule 47.9.

(3) Address and Telephone Number of Counsel or Pro 

Se Petitioner or Appellant. Each petition for review 

or notice of appeal must contain the counsel’s — or 

the pro se petitioner’s or appellant’s — name, current 

address, and telephone number.

(4) Copies. A petition for review or notice of appeal must 

be fi led in an original (except when the original is fi led 

in the Patent and Trademark Offi ce under 15 U.S.C. § 

1071(a)) and three copies. 

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

(1) From the Patent and Trademark Offi ce.

(A) In an appeal from the Board of Patent Appeals 

and Interferences, the Trademark Trial and Appeal 

Board, or the Director under 15 U.S.C. § 1071(a)(2),

the clerk will docket the appeal when the Director 

of Patents and Trademarks sends a copy of the 

notice of appeal and the certifi ed list as required 

by Federal Circuit Rule 17(b)(1).
27

Federal Rules of Appellate Procedure Federal Circuit Rules

Rule 15

(c) Service of the Petition or Application. The circuit 

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

application or cross-application to enforce an agency 

order, on each respondent as prescribed by Rule 3(d), 

unless a different manner of service is prescribed by 

statute. At the time of fi ling, the petitioner must:

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

to participate in the agency proceedings, except 

for the respondents;

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

(3) give the clerk enough copies of the petition or application to serve each respondent.

(d) Intervention. Unless a statute provides another 

method, a person who wants to intervene in a proceeding under this rule must fi le a motion for leave to 

intervene with the circuit clerk and serve a copy on all 

parties. The motion — or other notice of intervention 

authorized by statute — must be fi led within 30 days 

after the petition for review is fi led and must contain 

a concise statement of the interest of the moving party 

and the grounds for intervention.

(e) Payment of Fees. When fi ling any separate or joint 

petition for review in a court of appeals, the petitioner 

must pay the circuit clerk all required fees.

(B) If the Director advises the clerk concerning the 

untimeliness of an appeal, the clerk may order the 

appellant to show cause why the appeal should 

not be dismissed and refer appellant’s response 

to the court.

(C) The clerk will notify all parties of the date the 

appeal is docketed.

(2) From Another Agency. In a petition for review or 

appeal from an administrative agency other than the 

Patent and Trademark Offi ce, the clerk will docket a 

timely appeal or petition upon receipt.

(3) Notice of Docketing. The clerk must notify all parties 

of the date the appeal or petition for review is 

docketed. 

(c) Statement Concerning Discrimination.

(1) Petitioner’s Statement. Within 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 serve on the 

respondent and fi le with the clerk, see Form 10:

(A) one of the following statements:

(i) no claim of discrimination by reason of race, 

sex, age, national origin, or handicapped 

condition has been or will be made in the 

case;

(ii) any claim of discrimination by reason of race, 

sex, age, national origin, or handicapped 

condition raised before the Board has 

been abandoned and will not be raised or 

continued in this or any other court;

(iii) the petition seeks review only of the Board’s 

or arbitrator’s dismissal of the case for lack 

of jurisdiction or for untimeliness;

(iv) the case involves an application to the Offi ce 

of Personnel Management for benefi ts; or

(v) the case was transferred to the Court of 

Appeals for the Federal Circuit from a district 

court and petitioner continues to contest the 

transfer; and

(B) a statement whether petitioner has fi led a 

discrimination case:

(i) in a United States district court; or

(ii) in the Equal Employment Opportunity 

Commission.
Federal Rules of Appellate Procedure Federal Circuit Rules

28

Rule 15

(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) fi les a motion or brief 

making a claim of discrimination as to the case before 

the court, the respondent must:

(A) state, in a responsive motion or brief, one of the 

following:

(i) the respondent concurs in the petitioner’s 

statement concerning discrimination;

(ii) any claim of discrimination the petitioner 

made to the Merit Systems Protection Board 

was frivolous, with supporting reasons; or

(iii) the petitioner presented no evidence 

of discrimination to the Merit Systems 

Protection Board;

(B) state, if known, whether a discrimination claim 

has been fi led in a United States district court or in 

the Equal Employment Opportunity Commission; 

and

(C) include in the response or brief any other 

information relevant to the statement concerning 

discrimination. 

(d) Untimely Petition for Review or Notice of Appeal. The 

clerk may return a petition for review or notice of appeal 

that is untimely on its face. 

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

1071(a)(1). A party fi ling 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 fi le a copy of the notice 

with the clerk, and the clerk must dismiss the appeal. 

(f) Judicial Review of Department of Veterans Affairs Rules 

and Regulations. See Federal Circuit Rule 47.12.
29

Federal Rules of Appellate Procedure Federal Circuit Rules

Rule 15

Practice Notes

TIME TO APPEAL OR PETITION. The table below is provided only as a convenience to counsel, who should refer to the statutes, rules, and 

case law before determining the period available for taking an appeal or fi ling a petition for review. Counsel should also note that the event 

that causes the period to run varies in each case.

AGENCY STATUTE TIME

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

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

Government Accountability Offi ce 31 U.S.C. § 755 30 days

Personnel Appeals Board

Board of Patent Appeals and 35 U.S.C. § 142 2 months; 14 days

Interferences; Trademark for cross appeal

Trial and Appeal Board; 15 U.S.C. § 1071

Director of Patents and

Trademarks 37 C.F.R. §§ 1.304, 

 2.145

International Trade Commission 19 U.S.C. § 1337 60 days

Board of Contract Appeals 41 U.S.C. § 607(g) 120 days

Secretary of Commerce 19 U.S.C. § 1202 20 days

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

Secretary of Veterans Affairs 38 U.S.C. § 502 60 days

Secretary of Labor; 28 U.S.C. § 1296 30 days

Occupational Safety and Health

Review Commission; Federal

Labor Relations Authority

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

Congressional Accountability Act

Equal Employment Opportunity 3 U.S.C. § 454; 30 days

Commission 28 U.S.C. § 1296(b)

Bureau of Justice Assistance 42 U.S.C. § 3796c-2; 

 28 C.F.R. § 32.55

FILING IN THE PATENT AND TRADEMARK OFFICE. A notice of appeal mailed to the Patent and Trademark Offi ce should be addressed:

Offi ce of the Solicitor

United States Patent and Trademark Offi ce

Mail Stop 8

Post Offi ce Box 1450

Alexandria, Virginia 22313-1450

The general counsel requests that hand delivery, if any, be made to the Offi ce of the General Counsel, Patent and Trademark Offi ce, Madison 

East 10B20, 600 Dulaney Street, Alexandria, Virginia 22314, between the hours of 8:30 a.m. and 5:00 p.m.

COPY OF DECISION OR ORDER. A party fi ling 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.
Federal Rules of Appellate Procedure Federal Circuit Rules

30

Rule 15

Practice Notes (continued)

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 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 

30 days of the date when the petition for review or notice of appeal is fi led. A motion for leave to intervene out of time will be granted only 

in extraordinary circumstances.

DISCRIMINATION STATEMENT. A discrimination statement form with a preaddressed, postage-paid return envelope will be provided to any 

petitioner seeking review of a decision of the Merit Systems Protection Board or arbitrator. Failure to complete the discrimination statement 

will result in dismissal of the petition for review. See Form 10.

TIMELINESS. Except in inter partes appeals from decisions of the Board of Patent Appeals and Interferences 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 fi ling a petition for review or notice 

of appeal.

CONSOLIDATION. When more than one party fi les a petition for review or notice of appeal from the same decision or order, the parties should

inform the clerk and the petitions or appeals may be consolidated and an adjusted briefi ng schedule may be issued.

ARBITRATION AWARDS IN THE UNITED STATES POSTAL SERVICE. These arbitration awards may not be appealed to this court.

PROPER GOVERNMENTAL PARTY IN APPEALS FROM BOARDS OF CONTRACT APPEALS. In appeals from the boards of contract appeals, the 

head of the federal agency is named 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 fi led when the petition for review or notice 

of appeal is received in the court or, in the case of an appeal from the Patent and Trademark Offi ce, when the notice of appeal is received by 

the Director of Patents and Trademarks. A petition for review or appeal is docketed when it is assigned a docket number, a docket card for 

the petition for review or appeal is made available to the public, and the names of the parties to the petition for review or appeal are recorded 

in the party index that is available to the public.

JUDICIAL REVIEW OF DEPARTMENT OF VETERANS AFFAIRS RULES AND REGULATIONS. Federal Circuit Rule 47.12 governs actions for 

judicial review of Department of Veterans Affairs rules and regulations under 38 U.S.C. § 502. The procedures to be followed in such actions 

are the same as provided in this rule, except as provided in Federal Circuit Rule 47.12.

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 any change that would affect the accuracy of the caption.

AGENCY. The term agency in these rules includes a board, commission, bureau, or arbitrator.
31

Federal Rules of Appellate Procedure Federal Circuit Rules

Rule 15.1

Rule 15.1. Briefs and Oral Argument in a National 

Labor Relations Board Proceeding

In either an enforcement or a review proceeding, a party 

adverse to the National Labor Relations Board proceeds 

fi rst on briefi ng and at oral argument, unless the court 

orders otherwise.

Rule 16. The Record on Review or Enforcement

(a) Composition of the Record. The record on review or 

enforcement of an agency order consists of:

(1) the order involved;

(2) any fi ndings or report on which it is based; and

(3) the pleadings, evidence, and other parts of the proceedings before the agency.

(b) Omissions From or Misstatements in the Record. The 

parties may at any time, by stipulation, supply any omission from the record or correct a misstatement, or the 

court may so direct. If necessary, the court may direct 

that a supplemental record be prepared and fi led.

Rule 17. Filing the Record

(a) Agency to File; Time for Filing; Notice of Filing. The 

agency must fi le the record with the circuit clerk within 

40 days after being served with a petition for review, 

unless the statute authorizing review provides otherwise, 

or within 40 days after it fi les an application for enforcement unless the respondent fails to answer or the court 

orders otherwise. The court may shorten or extend the 

time to fi le the record. The clerk must notify all parties 

of the date when the record is fi led.

(b) Filing — What Constitutes.

(1) The agency must fi le:

(A) the original or a certifi ed copy of the entire 

record or parts designated by the parties; or

(B) a certifi ed list adequately describing all documents, transcripts of testimony, exhibits, and 

other material constituting the record, or 

describing those parts designated by the parties.

(2) The parties may stipulate in writing that no record 

or certifi ed list be fi led. The date when the stipulation is fi led with the circuit clerk is treated as the 

date when the record is fi led.

Rule 17. Filing the Record 

(a) Retaining the Record; Sending the Certifi ed List. The 

agency must retain the record and send to this court a 

certifi ed list or index unless this court, on motion or sua 

sponte, orders otherwise. 

(b) Certifi ed List or Index.

(1) From the Patent and Trademark Offi ce. No later 

than 40 days after receiving the notice of appeal, the 

Director must send to the clerk the certifi ed 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 certifi ed record 

to the court.

(2) From Another Agency. No later than 40 days after the 

court serves a petition for review or notice of appeal 

on an agency, the agency must send to the clerk the 

certifi ed 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 certifi ed 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 fi ling 

the certifi ed list or index. 
Federal Rules of Appellate Procedure Federal Circuit Rules

32

Rule 17

(c) Service of Certifi ed List or Index by Agency. When an 

agency sends a certifi ed list or index to the clerk, it must 

simultaneously serve a copy on the parties and provide a 

certifi cate of service to the clerk. Service must be made 

on counsel for the appellant or petitioner who has served 

the agency with a copy of an entry of appearance in this 

court; otherwise, service must be made on counsel who 

appeared before the agency or, if none, on the party. This 

service constitutes notice to the parties of the date the 

record was fi led. 

(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 fi led, the agency must permit 

a party or counsel for a party to inspect and copy 

the nonconfi dential 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 modifi es 

or annuls the protective order, the access of a party 

or counsel is governed by the order of this court. 

(e) Preserving a Protective Order on Appeal. Any portion of 

the record that was subject to a protective order in an 

agency remains subject to that order unless otherwise 

ordered. 

(f) Agreement by Parties to Modify Protective Order; 

Certifi cate of Compliance. If any portion of the record in 

an agency is subject to a protective order and a petition 

for review or notice of appeal has been fi led, each party 

must promptly review the record to determine whether 

protected portions need to remain protected on appeal. 

If a party determines that some portions no longer need 

to be protected, that party must seek an agreement with 

the other party. Any agreement that is reached must be 

promptly presented to the agency, which may issue an 

appropriate order. Whether or not an agreement is reached, 

each party must fi le a certifi cate of compliance within 45 

days of docketing stating it complied with this rule. 

(g) Motion to Modify the Protective Order. A party may move 

at any time in this court to modify a protective order 

to remove protection from some material or to include 

another person within its terms. This court may decide 

the motion or may remand the case to the agency. This 

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

why a protective order should not be modifi ed.

(3) The agency must retain any portion of the record not 

fi led with the clerk. All parts of the record retained 

by the agency are a part of the record on review for 

all purposes and, if the court or a party so requests, 

must be sent to the court regardless of any prior 

stipulation.
33

Federal Rules of Appellate Procedure Federal Circuit Rules

Rule 18

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 fi led 

with this court before it will entertain a motion for a stay 

pending review. A motion for stay pending review must 

be accompanied by a copy of the agency decision on the 

merits and a copy of any agency order on the motion for 

a stay pending review. 

(b) Length of Motion, Response, and Reply; Copies; Brief.

(1) A motion or a response to a motion for a stay pending 

review may not exceed 20 pages. A reply may not 

exceed 10 pages. 

(2) An original and four copies of a motion, response, or 

reply must be fi led.

(3) A separate brief supporting a motion, response, or 

reply is not permitted. 

(c) Notice and Service When Requesting Immediate Action; 

Facsimile.

(1) A party moving for a stay pending review who requests 

immediate action by the court must – before fi ling 

– notify all parties that a motion will be fi led and must 

utilize an expedited method of service.

(2) If a motion for stay pending review is sent to the court 

by facsimile transmission, a certifi cate of interest must 

be included and opposing counsel must be served 

in the same manner. The fi ling must state the name, 

address, and, if applicable, the facsimile numbers of 

the persons served.

(d) Statement. If an initial motion for a stay pending review 

was not made in the agency under Federal Rule of Appellate 

Procedure 18(a), 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 under Federal Rule of Appellate 

Procedure 18(a) and remains pending, the movant must 

include in its motion in this court a statement specifi cally 

identifying when it fi led the motion in the agency and why 

it is not practicable to await a ruling by the agency.

Rule 18. Stay Pending Review

(a) Motion for a Stay.

(1) Initial Motion Before the Agency. A petitioner must 

ordinarily move fi rst before the agency for a stay 

pending review of its decision or order.

(2) Motion in the Court of Appeals. A motion for a 

stay may be made to the court of appeals or one of 

its judges.

(A) The motion must:

(i) show that moving fi rst before the agency 

would be impracticable; or

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

the agency denied the motion or failed to 

afford the relief requested and state any 

reasons given by the agency for its action.

(B) The motion must also include:

(i) the reasons for granting the relief requested 

and the facts relied on;

(ii) originals or copies of affi davits or other 

sworn statements supporting facts subject 

to dispute; and

(iii) relevant parts of the record.

(C) The moving party must give reasonable notice 

of the motion to all parties.

(D) The motion must be fi led with the circuit clerk 

and normally will be considered by a panel 

of the court. But in an exceptional case in 

which time requirements make that procedure 

 impracticable, the motion may be made to and 

considered by a single judge.

(b) Bond. The court may condition relief on the fi ling of a 

bond or other appropriate security.

Practice Notes

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.

AGENCY. The term agency in these rules includes a board, commission, bureau, or arbitrator.
Federal Rules of Appellate Procedure Federal Circuit Rules

34

Rule 20

Rule 19. Settlement of a Judgment Enforcing an 

Agency Order in Part

When the court fi les an opinion directing entry of judgment enforcing the agency’s order in part, the agency must 

within 14 days fi le with the clerk and serve on each other 

party a proposed judgment conforming to the opinion. A 

party who disagrees with the agency’s proposed judgment 

must within 10 days fi le with the clerk and serve the agency 

with a proposed judgment that the party believes conforms 

to the opinion. The court will settle the judgment and direct 

entry without further hearing or argument.

Rule 20. Applicability of Rules to the Review or 

Enforcement of an Agency Order

All provisions of these rules, except Rules 3-14 and 22-23, 

apply to the review or enforcement of an agency order. In 

these rules, “appellant” includes a petitioner or applicant, 

and “appellee” includes a respondent.

Practice Notes

FORM REQUIREMENTS. See Federal Rule of Appellate Procedure 27(d) for form requirements concerning motions.

CERTIFICATE OF INTEREST. The form for the certifi cate of interest is found in Form 9.

AGENCY. The term agency in these rules includes a board, commission, bureau, or arbitrator.

Rule 20. Applicability of Rules to the Review of an 

Agency Order 

All provisions of these Federal Circuit Rules, except Federal 

Circuit Rules 3 – 12, apply to the review of an agency order. In 

these Federal Circuit Rules, “appellant” includes a petitioner 

or applicant, and “appellee” includes a respondent.
35

Federal Rules of Appellate Procedure Federal Circuit Rules

Rule 21

Rule 21. Writs of Mandamus and Prohibition, and 

Other Extraordinary Writs

(a) Mandamus or Prohibition to a Court: Petition, Filing, 

Service, and Docketing.

(1) A party petitioning for a writ of mandamus or prohibition directed to a court must fi le a petition with 

the circuit clerk with proof of service on all parties 

to the proceeding in the trial court. The party must 

also provide a copy to the trial-court judge. All parties to the proceeding in the trial court other than 

the petitioner are respondents for all purposes.

(2) (A) The petition must be titled “In re [name of 

petitioner].”

(B) The petition must state:

(i) the relief sought;

(ii) the issues presented;

(iii) the facts necessary to understand the issue 

presented by the petition; and

(iv) the reasons why the writ should issue.

(C) The petition must include a copy of any order 

or opinion or parts of the record that may be 

essential to understand the matters set forth in 

the petition.

(3) Upon receiving the prescribed docket fee, the clerk 

must docket the petition and submit it to the court.

(b) Denial; Order Directing Answer; Briefs; Precedence.

(1) The court may deny the petition without an answer. 

Otherwise, it must order the respondent, if any, to 

answer within a fi xed time.

(2) The clerk must serve the order to respond on all 

persons directed to respond.

(3) Two or more respondents may answer jointly.

(4) The court of appeals may invite or order the trialcourt judge to address the petition or may invite an 

amicus curiae to do so. The trial-court judge may 

request permission to address the petition but may 

not do so unless invited or ordered to do so by the 

court of appeals.

(5) If briefi ng or oral argument is required, the clerk 

must advise the parties, and when appropriate, the 

trial-court judge or amicus curiae.

(6) The proceeding must be given preference over ordinary civil cases.

TITLE V. EXTRAORDINARY WRITS

Rule 21. Writs of Mandamus and Prohibition, and 

Other Extraordinary Writs 

(a) Title; Fee; Answer.

(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 certifi cate of interest. An 

entry of appearance must accompany the petition, 

unless the petitioner is pro se. 

(3) The petition must state the name, address, telephone 

number and, if applicable, facsimile number of each 

person served.

(4) The fee set forth in Federal Circuit Rule 52 must 

accompany the petition.

(5) No answer may be fi led by any respondent unless 

ordered by the court. 

(b) Copies; Brief.

(1) An original and four copies of the petition or answer 

must be fi led.

(2) A separate brief supporting or answering a petition is 

not permitted. 

(c) Reply. If the court directs the fi ling of a response to a 

petition, then the petitioner may fi le a reply within 7 days 

of the date of the fi ling of the response. The court may act 

on the petition before the receipt of any reply, and thus the 

fi ling of a reply should be expedited if appropriate. The 

reply may not exceed 15 pages. 

(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. 
Federal Rules of Appellate Procedure Federal Circuit Rules

36

Rule 21

(7) The circuit clerk must send a copy of the fi nal disposition to the trial-court judge.

(c) Other Extraordinary Writs. An application for an 

extraordinary writ other than one provided for in Rule 

21(a) must be made by fi ling a petition with the circuit 

clerk with proof of service on the respondents. Proceedings on the application must conform, so far as is 

practicable, to the procedures prescribed in Rule 21(a)

and (b).

(d) Form of Papers; Number of Copies. All papers must 

conform to Rule 32(c)(2). Except by the court’s permission, a paper must not exceed 30 pages, exclusive 

of the disclosure statement, the proof of service, and 

the accompanying documents required by Rule 21 

(a)(2)(C). An original and 3 copies must be fi led unless 

the court requires the fi ling of a different number by 

local rule or by order in a particular case.

Rule 22. Habeas Corpus and Section 2255 

Proceedings
37

Federal Rules of Appellate Procedure Federal Circuit Rules

Rule 22

(a) Application for the Original Writ. An application for a 

writ of habeas corpus must be made to the appropriate 

district court. If made to a circuit judge, the application 

must be transferred to the appropriate district court. If a 

district court denies an application made or transferred 

to it, renewal of the application before a circuit judge 

is not permitted. The applicant may, under 28 U.S.C. 

§ 2253, appeal to the court of appeals from the district 

court’s order denying the application.

(b) Certifi cate of Appealability.

(1) In a habeas corpus proceeding in which the detention complained of arises from process issued by 

a state court, or in a 28 U.S.C. § 2255 proceeding, 

the applicant cannot take an appeal unless a circuit 

justice or a circuit or district judge issues a certifi cate 

of appealability under 28 U.S.C. § 2253(c). If an 

applicant fi les a notice of appeal, the district clerk 

must send to the court of appeals the certifi cate (if 

any) and the statement described in Rule 11(a) of 

the Rules Governing Proceedings Under 28 U.S.C. 

§ 2254 or § 2255 (if any), along with the notice of 

appeal and the fi le of the district-court proceedings. If the district judge has denied the certifi cate, 

the applicant may request a circuit judge to issue it.

(2) A request addressed to the court of appeals may be 

considered by a circuit judge or judges, as the court 

prescribes. If no express request for a certifi cate 

is fi led, the notice of appeal constitutes a request 

addressed to the judges of the court of appeals.

(3) A certifi cate of appealability is not required when 

a state or its representative or the United States or 

its representative appeals.

Rule 23. Custody or Release of a Prisoner in a 

Habeas Corpus Proceeding

(a) Transfer of Custody Pending Review. Pending review 

of a decision in a habeas corpus proceeding commenced 

before a court, justice, or judge of the United States 

for the release of a prisoner, the person having custody 

of the prisoner must not transfer custody to another 

unless a transfer is directed in accordance with this 

rule. When, upon application, a custodian shows the 

need for a transfer, the court, justice, or judge rendering 

the decision under review may authorize the transfer 

and substitute the successor custodian as a party.

TITLE VI. HABEAS CORPUS; PROCEEDINGS IN FORMA PAUPERIS
Federal Rules of Appellate Procedure Federal Circuit Rules

38

Rule 24

(b) Detention or Release Pending Review of Decision Not 

to Release. While a decision not to release a prisoner is 

under review, the court or judge rendering the decision, 

or the court of appeals, or the Supreme Court, or a 

judge or justice of either court, may order that the 

prisoner be:

(1) detained in the custody from which release is 

sought;

(2) detained in other appropriate custody; or

(3) released on personal recognizance, with or without 

surety.

(c) Release Pending Review of Decision Ordering Release.

While a decision ordering the release of a prisoner is 

under review, the prisoner must — unless the court or 

judge rendering the decision, or the court of appeals, or 

the Supreme Court, or a judge or justice of either court 

orders otherwise — be released on personal recognizance, with or without surety.

(d) Modifi cation of the Initial Order on Custody. An 

initial order governing the prisoner’s custody or release, 

including any recognizance or surety, continues in 

effect pending review unless for special reasons shown 

to the court of appeals or the Supreme Court, or to a 

judge or justice of either court, the order is modifi ed 

or an independent order regarding custody, release, 

or surety is issued.

Rule 24. Proceeding in Forma Pauperis

(a) Leave to Proceed in Forma Pauperis.

(1) Motion in the District Court. Except as stated 

in Rule 24(a)(3), a party to a district-court action 

who desires to appeal in forma pauperis must fi le a 

motion in the district court. The party must attach 

an affi davit that:

(A) shows in the detail prescribed by Form 4 

(Federal Circuit Form 6 herein) of the 

Appendix of Forms the party’s inability to pay 

or to give security for fees and costs;

(B) claims an entitlement to redress; and

(C) states the issues that the party intends to present 

on appeal.

(2) Action on the Motion. If the district court grants 

the motion, the party may proceed on appeal without prepaying or giving security for fees and costs, 

unless a statute provides otherwise. If the district 

court denies the motion, it must state its reasons in 

Rule 24. Proceeding in Forma Pauperis 

(a) Form. If an appeal or petition for review is docketed without 

payment of the docketing fee, the clerk in providing notice 

of docketing will forward to the appellant or petitioner the 

form prescribed by this court for the motion to proceed on 

appeal in forma pauperis. (See Form 6.) Except as provided 

in Federal Rule of Appellate Procedure 24(a), if the clerk 

does not receive a completed motion, the docketing fee, 

or a completed Form 6B within 14 days of the date of 

docketing of the appeal or petition, the clerk is authorized 

to dismiss the appeal or petition. See also Federal Circuit 

Rule 52(d). The motion and affi davit may be made on the 

form provided in the Federal Rules of Appellate Procedure, 

but the court may request additional information from the 

movant.

(b) Supplemental Form. If movant is incarcerated, in addition 

to Form 6 movant must fi le a supplemental form for 

prisoners, Form 6A.
39

Federal Rules of Appellate Procedure Federal Circuit Rules

Rule 24

writing.

(3) Prior Approval. A party who was permitted to proceed in forma pauperis in the district-court action, 

or who was determined to be fi nancially unable to 

obtain an adequate defense in a criminal case, may 

proceed on appeal in forma pauperis without further authorization, unless:

(A) the district court — before or after the notice 

of appeal is fi led — certifi es that the appeal is 

not taken in good faith or fi nds that the party 

is not otherwise entitled to proceed in forma 

pauperis and states in writing its reasons for 

the certifi cation or fi nding; or

(B) a statute provides otherwise.

(4) Notice of District Court’s Denial. The district 

clerk must immediately notify the parties and the 

court of appeals when the district court does any 

of the following:

(A) denies a motion to proceed on appeal in forma 

pauperis; 

(B) certifi es that the appeal is not taken in good 

faith; or 

(C) fi nds that the party is not otherwise entitled to 

proceed in forma pauperis.

(5) Motion in the Court of Appeals. A party may fi le a 

motion to proceed on appeal in forma pauperis in 

the court of appeals within 30 days after service of 

the notice prescribed in Rule 24(a)(4). The motion 

must include a copy of the affi davit fi led in the 

district court and the district court’s statement of 

reasons for its action. If no affi davit was fi led in the 

district court, the party must include the affi davit 

prescribed by Rule 24(a)(1).

(b) Leave to Proceed in Forma Pauperis on Appeal or 

Review of an Administrative-Agency Proceeding. 

When an appeal or review of a proceeding before an 

administrative agency, board, commission, or offi cer 

(including for the purpose of this rule the United States 

Tax Court) proceeds directly in a court of appeals, a 

party may fi le in the court of appeals a motion for leave 

to proceed on appeal in forma pauperis with an affi davit 

prescribed by Rule 24(a)(1).

(c) Leave to Use Original Record. A party allowed to proceed on appeal in forma pauperis may request that the 

appeal be heard on the original record without reproducing any part.
Federal Rules of Appellate Procedure Federal Circuit Rules

40

Rule 24

Practice Notes

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 Rules 28(g); 30(i); 31(e); and 32(c). See Forms 11-16.

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 Pro Se Petitioners and Appellants for further information.

USERRA CASES. In a petition for review of a Merit Systems Protection Board decision, a petitioner is not required to pay the docketing fee 

or costs if the case involved a claim under the Uniformed Services Employment and Reemployment Rights Act of 1994 (USERRA). 38 U.S.C. 

§ 4323. A petitioner claiming exemption from the fee pursuant to USERRA should submit Form 6B within 14 days of the date of docketing of 

the petition and may be required to submit documentation that his or her case before the Board involved a USERRA claim.
41

Federal Rules of Appellate Procedure Federal Circuit Rules

Rule 25

Rule 25. Filing and Service

(a) Filing.

(1) Filing with the Clerk. A paper required or permitted to be fi led in a court of appeals must be fi led 

with the clerk.

(2) Filing: Method and Timeliness.

(A) In general. Filing may be accomplished by mail 

addressed to the clerk, but fi ling is not timely 

unless the clerk receives the papers within the 

time fi xed for fi ling.

(B) A brief or appendix. A brief or appendix is 

timely fi led, however, if on or before the last 

day for fi ling, it is:

(i) mailed to the clerk by First-Class Mail, 

or other class of mail that is at least as 

expeditious, postage prepaid; or

(ii) dispatched to a third-party commercial 

carrier for delivery to the clerk within 3 

days.

(C) Inmate fi ling. A paper fi led by an inmate confi ned in an institution is timely if deposited in 

the institution’s internal mailing system on or 

before the last day for fi ling. If an institution 

has a system designed for legal mail, the inmate 

must use that system to receive the benefi t of 

this rule. Timely fi ling may be shown by a declaration in compliance with 28 U.S.C. § 1746 

or by a notarized statement, either of which 

must set forth the date of deposit and state that 

fi rst-class postage has been prepaid.

(D) Electronic fi ling. A court of appeals may by 

local rule permit papers to be fi led, signed, or 

verifi ed by electronic means that are consistent 

with technical standards, if any, that the Judicial 

Conference of the United States establishes. A 

paper fi led by electronic means in compliance 

with a local rule constitutes a written paper for 

the purpose of applying these rules.

(3) Filing a Motion with a Judge. If a motion requests 

relief that may be granted by a single judge, the 

judge may permit the motion to be fi led with the 

judge; the judge must note the fi ling date on the 

motion and give it to the clerk.

(4) Clerk’s Refusal of Documents. The clerk must 

not refuse to accept for fi ling any paper presented 

TITLE VII. GENERAL PROVISIONS

Rule 25. Filing and Service 

(a) Facsimile Filing. A motion, response to a motion, reply to a 

response or letter may be fi led by facsimile transmission if 

the certifi cate of service by facsimile transmission states 

that a copy has been served on all parties by facsimile 

transmission and that the appropriate number of copies 

of the motion, response, reply, or letter have been mailed 

or shipped for delivery to the clerk and the parties on the 

next business day.

(b) Facsimile Filing Limitation. No document other than a 

motion, response to a motion, reply to a response, or letter 

may be fi led or served by facsimile transmission. 
Federal Rules of Appellate Procedure Federal Circuit Rules

42

Rule 25

for that purpose solely because it is not presented 

in proper form as required by these rules or by any 

local rule or practice.

(5) Privacy Protection. An appeal in a case whose 

privacy protection was governed by Federal Rule of 

Bankruptcy Procedure 9037, Federal Rule of Civil 

Procedure 5.2 or Federal Rule of Criminal Procedure 

49.1 is governed by the same rule on appeal. In all 

other proceedings, privacy protection is governed 

by Federal Rule of Civil Procedure 5.2, except that 

Federal Rule of Criminal Procedure 49.1 governs 

when an extra ordinary writ is sought in a criminal 

case.

(b) Service of All Papers Required. Unless a rule requires 

service by the clerk, a party must, at or before the time 

of fi ling a paper, serve a copy on the other parties to 

the appeal or review. Service on a party represented by 

counsel must be made on the party’s counsel.

(c) Manner of Service.

(1) Service may be any of the following:

(A) personal, including delivery to a responsible 

person at the offi ce of counsel;

(B) by mail;

(C) by third-party commercial carrier for delivery 

within 3 days; or

(D) by electronic means, if the party being served 

consents in writing.

(2) If authorized by local rule, a party may use the 

court’s transmission equipment to make electronic 

service under Rule 25(c)(1)(D).

(3) When reasonable considering such factors as the 

immediacy of the relief sought, distance, and cost, 

service on a party must be by a manner at least as 

expeditious as the manner used to fi le the paper with 

the court.

(4) Service by mail or by commercial carrier is complete on mailing or delivery to the carrier. Service 

by electronic means is complete on transmission, 

unless the party making service is notifi ed that the 

paper was not received by the party served.

(d) Proof of Service.

(1) A paper presented for fi ling must contain either of 

the following:

(A) an acknowledgment of service by the person 

served; or
43

Federal Rules of Appellate Procedure Federal Circuit Rules

Rule 25

Practice Notes

LOCATION OF CLERK’S OFFICE; HOURS OF OPERATION; NIGHT BOX. The clerk’s offi ce is in Room 401 of the National Courts Building, 717 

Madison Place, NW, Washington, DC 20439, and is open from 9:00 a.m. to 5:00 p.m. on workdays. After the offi ce 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 will not pay postage due.

CLERK’S FACSIMILE NUMBER. Documents which Federal Circuit Rule 25 permits to be sent by facsimile to the Clerk of Court should be sent 

to: 202-275-9678.

PROOF OF SERVICE. Each brief, petition, motion, response, or reply must contain proof of service. Only the original fi led with the court must

be signed. A copy of the unsigned proof of service must be attached to any copies.

RETURN COPY MARKED RECEIVED. When a brief or other paper presented for fi ling includes an extra copy, the clerk will mark it received 

and return it on request. If the fi ling is by mail or if the night box is used, a self-addressed, postage-paid (fi rst class) return envelope must 

accompany the request.

FILING REJECTED BY THE CLERK. The clerk may reject material submitted for fi ling that does not substantially conform with the Federal 

Rules of Appellate Procedure and the Federal Circuit Rules. The clerk will issue a rejection letter advising of the nature of the nonconformity 

and guidelines for resubmission. Opposing counsel will be notifi ed of the rejection. The timeliness of a response is computed from date of 

service of the original material. Because of occasional delays with some mail transmitted by the United States Postal Service, due to screening 

or other issues, if a document such as a notice of appeal, petition for review, motion, or other document must be received by the court on 

a particular date, then the fi ler might consider using an alternative method of delivering the document to the court, such as a commercial 

carrier or hand-delivery. The court cannot waive the deadlines for fi ling a notice of appeal or petition for review, even if the document was 

deposited in the mail in a timely fashion. Federal Rule of Appellate Procedure 26(b). 

(B) proof of service consisting of a statement by 

the person who made service certifying:

(i) the date and manner of service;

(ii) the names of the persons served; and

(iii) their mail or electronic addresses, facsimile numbers, or the addresses of the 

places of delivery, as appropriate for the 

manner of service.

(2) When a brief or appendix is fi led by mailing or 

dispatch in accordance with Rule 25(a)(2)(B), the 

proof of service must also state the date and manner 

by which the document was mailed or dispatched 

to the clerk.

(3) Proof of service may appear on or be affi xed to the 

papers fi led.

(e) Number of Copies. When these rules require the 

fi ling or furnishing of a number of copies, a court may 

require a different number by local rule or by order in 

a particular case.
Federal Rules of Appellate Procedure Federal Circuit Rules

44

Rule 26

Rule 26. Computing and Extending Time

(a) Computing Time. The following rules apply in computing any time period specifi ed in these rules, in any 

local rule or court order, or in any statute that does not 

specify a method of computing time.

(1) Period Stated in Days or a Longer Unit. When the 

period is stated in days or a longer unit of time:

(A) exclude the day of the event that triggers the 

period;

(B) count every day, including intermediate Saturdays, Sundays, and legal holidays; and

(C) include the last day of the period, but if the last 

day is a Saturday, Sunday, or legal holiday, the 

period continues to run until the end of the 

next day that is not a Saturday, Sunday, or legal 

holiday.

(2) Period Stated in Hours. When the period is stated 

in hours:

(A) begin counting immediately on the occurrence 

of the event that triggers the period;

(B) count every hour, including hours during intermediate Saturdays, Sundays, and legal holidays; 

and

(C) if the period would end on a Saturday, Sunday, 

or legal holiday, the period continues to run 

until the same time on the next day that is not 

a Saturday, Sunday, or legal holiday.

(3) Inaccessibility of the Clerk’s Offi ce. Unless the 

court orders otherwise, if the clerk’s offi ce is inaccessible:

(A) on the last day for fi ling under Rule 26(a)(1), 

then the time for fi ling is extended to the fi rst 

accessible day that is not a Saturday, Sunday, or 

legal holiday; or

(B) during the last hour for fi ling under Rule 26(a)

(2), then the time for fi ling is extended to the 

same time on the fi rst accessible day that is not 

a Saturday, Sunday, or legal holiday.

(4) “Last Day” Defi ned. Unless a different time is set 

by a statute, local rule, or court order, the last day 

ends:

(A) for electronic fi ling in the district court, at 

midnight in the court’s time zone;

(B) for electronic fi ling in the court of appeals, at 

midnight in the time zone of the circuit clerk’s 

principal offi ce;

Rule 26. Computing and Extending Time 

(a) Computation of Time; Closing the Clerk’s Offi ce. “Legal 

holiday” also means a day on which the clerk’s offi ce is 

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

order will be posted publicly and its contents placed on a 

recording for telephone callers. 

(b) Motion to Extend 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 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 affi davit 

or unsworn declaration under penalty of perjury under 

28 U.S.C. § 1746 that describes the extraordinary 

circumstances.

(2) Before fi ling the motion, the movant must inform all 

other parties that it will seek an extension.

(3) The movant must state in the motion whether any 

other parties object and, if so, whether a response in 

opposition will be fi led.

(4) In addition to showing good cause, the motion must 

state:

(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.

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

be accompanied by an affi davit or unsworn declaration 

of counsel or a pro se party under penalty of perjury 

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

extension.
45

Federal Rules of Appellate Procedure Federal Circuit Rules

Rule 26

(C) for filing under Rules 4(c)(1), 25(a)(2)(B), 

and 25(a)(2)(C) — and fi ling by mail under 

Rule 13(b) — at the latest time for the method 

chosen for delivery to the post offi ce, thirdparty commercial carrier, or prison mailing 

system; and 

(D) for fi ling by other means, when the clerk’s offi ce 

is scheduled to close.

(5) “Next Day” Defi ned. The “next day” is determined 

by continuing to count forward when the period is 

measured after an event and backward when measured before an event.

(6) “Legal Holiday” Defi ned. “Legal holiday” means:

(A) the day set aside by statute for observing New 

Year’s Day, Martin Luther King Jr.’s Birthday, 

Washington’s Birthday, Memorial Day, Independence Day, Labor Day, Columbus Day, 

Veterans’ Day, Thanksgiving Day, or Christmas 

Day;

(B) any day declared a holiday by the President or 

Congress; and

(C) for periods that are measured after an event, any 

other day declared a holiday by the state where 

either of the following is located: the district 

court that rendered the challenged judgment 

or order, or the circuit clerk’s principal offi ce.

(b) Extending Time. For good cause, the court may extend 

the time prescribed by these rules or by its order to perform any act, or may permit an act to be done after that 

time expires. But the court may not extend the time to 

fi le:

(1) a notice of appeal (except as authorized in Rule 4) 

or a petition for permission to appeal; or

(2) a notice of appeal from or a petition to enjoin, 

set aside, suspend, modify, enforce, or otherwise 

 review an order of an administrative agency, board, 

commission, or offi cer of the United States, unless 

 specifi cally authorized by law.

(c) Additional Time after Service. When a party may or 

must act within a specifi ed time after service, 3 days are 

added after the period would otherwise expire under 

Rule 26(a), unless the paper is delivered on the date of 

service stated in the proof of service. For purposes of 

this Rule 26(c), a paper that is served electronically is 

not treated as delivered on the date of service stated in 

the proof of service.
Federal Rules of Appellate Procedure Federal Circuit Rules

46

Rule 26.1

Practice Notes

OPPOSITION TO EXTENSION. If a party opposes a motion for extension of time, that party should fi le 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 fi le appellant’s brief if appellant’s motion to extend the time for fi ling was fi led and served at least 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.

COURT ORDER. Federal Rule of Appellate Procedure 26(c) does not apply when a court order requires action within a specifi ed time; the due 

date is as specifi ed in the order.

Rule 26.1. Corporate Disclosure Statement 

The corporate disclosure statement must be included in the 

certifi cate of interest prescribed in Federal Circuit Rule 47.4.

A certifi cate of interest must be fi led by any party represented 

by counsel within 14 days of the date of docketing of the 

appeal or petition. See Federal Circuit Rule 47.4 for additional 

requirements. 

Rule 26.1. Corporate Disclosure Statement

(a) Who Must File. Any nongovernmental corporate party 

to a proceeding in a court of appeals must fi le a statement that identifi es any parent corporation and any 

publicly held corporation that owns 10% or more of 

its stock or states that there is no such corporation.

(b) Time for Filing; Supplemental Filing. A party must 

fi le the Rule 26.1(a) statement with the principal brief 

or upon fi ling a motion, response, petition, or answer 

in the court of appeals, whichever occurs fi rst, unless a 

local rule requires earlier fi ling. Even if the statement 

has already been fi led, the party’s principal brief must 

include the statement before the table of contents. A 

party must supplement its statement whenever the 

information that must be disclosed under Rule 26.1(a)

changes.

(c) Number of Copies. If the Rule 26.1(a) statement is 

filed before the principal brief, or if a supplemental 

statement is fi led, the party must fi le an original and 3 

copies unless the court requires a different number by 

local rule or by order in a particular case.

Practice Note

The requirements of Federal Rule of Appellate Procedure 26.1 are satisfi ed by fi ling a certifi cate of interest under Federal Circuit Rule 47.4. 

See Form 9.
47

Federal Rules of Appellate Procedure Federal Circuit Rules

Rule 27

Rule 27. Motions

(a) In General.

(1) Application for Relief. An application for an order 

or other relief is made by motion unless these rules 

prescribe another form. A motion must be in writing unless the court permits otherwise.

(2) Contents of a Motion.

(A) Grounds and relief sought. A motion must 

state with particularity the grounds for the 

motion, the relief sought, and the legal argument necessary to support it.

(B) Accompanying documents.

(i) Any affi davit or other paper necessary to 

support a motion must be served and fi led 

with the motion.

(ii) An affidavit must contain only factual 

information, not legal argument.

(iii) A motion seeking substantive relief must 

include a copy of the trial court’s opinion 

or agency’s decision as a separate exhibit.

(C) Documents barred or not required.

(i) A separate brief supporting or responding 

to a motion must not be fi led.

(ii) A notice of motion is not required.

(iii) A proposed order is not required.

(3) Response.

(A) Time to fi le. Any party may fi le a response to 

a motion; Rule 27(a)(2) governs its contents. 

The response must be fi led within 10 days after 

service of the motion unless the court shortens 

or extends the time. A motion authorized by 

Rules 8, 9, 18, or 41 may be granted before 

the 10-day period runs only if the court gives 

reasonable notice to the parties that it intends 

to act sooner.

(B) Request for affi rmative relief. A response may 

include a motion for affi rmative relief. The time 

to respond to the new motion, and to reply to 

that response, are governed by Rule 27(a)(3)

(A) and (a)(4). The title of the response must 

alert the court to the request for relief.

(4) Reply to Response. Any reply to a response must 

be fi led within 7 days after service of the response. 

A reply must not present matters that do not relate 

to the response.

Rule 27. Motions 

(a) Content of Motion. The preferred content and organization 

of a motion are:

(1) the name of this court;

(2) the caption. If the motion is for a procedural order on 

consent, the authorized abbreviated caption may be 

used. For any other motion, the offi cial caption must 

be used;

(3) the title of the motion;

(4) the grounds for the motion, the relief sought, and the 

legal argument to support the motion;

(5) the movant’s statement of consent or opposition to 

the motion. The movant must state in the motion that 

the movant has discussed the motion with the other 

parties, whether any party will object, and whether 

any party will fi le a response;

(6) counsel’s or pro se party’s signature;

(7) the certifi cate of interest. The certifi cate of interest 

(see Federal Circuit Rule 47.4) must be included in 

each motion;

(8) supporting affi davit. If the facts relied on in the 

motion are subject to dispute, an affi davit or unsworn 

declaration under penalty of perjury under 28 U.S.C. 

§ 1746 must be attached to the motion;

(9) the proof of service (see Federal Rule of Appellate 

Procedure 25(d)). 

(b) Response; When Filed; Content. If a motion states that it 

is consented to or unopposed, a response is not required. 

If a motion does not state whether – or incorrectly states 

that – it is consented to or unopposed, a response should 

be fi led as soon as the omission or error becomes known. 

The preferred organization of a response is comparable 

to the organization of a motion provided in (a) of this rule 

and the preferred content of a response is:

(1) as provided in (a)(1), (2), (6), (7), (8), and (9) of this rule; 

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) Content of Reply. The preferred organization of a reply is 

comparable to the organization of a motion as provided 

in (a) of this rule and the preferred content of the reply is:

(1) as provided in (a)(1), (2), (6), (7), (8), and (9) of this rule; 

and
Federal Rules of Appellate Procedure Federal Circuit Rules

48

Rule

(b) Disposition of a Motion for a Procedural Order.

The court may act on a motion for a procedural order 

— including a motion under Rule 26(b) — at any time 

without awaiting a response, and may, by rule or by 

order in a particular case, authorize its clerk to act on 

specifi ed types of procedural motions. A party adversely 

affected by the court’s, or the clerk’s, action may fi le a 

motion to reconsider, vacate, or modify that action. 

Timely opposition fi led after the motion is granted 

in whole or in part does not constitute a request to 

reconsider, vacate, or modify the disposition; a motion 

requesting that relief must be fi led.

(c) Power of a Single Judge to Entertain a Motion. A circuit 

judge may act alone on any motion, but may not dismiss 

or otherwise determine an appeal or other proceeding. 

A court of appeals may provide by rule or by order in 

a particular case that only the court may act on any 

motion or class of motions. The court may review the 

action of a single judge.

(d) Form of Papers; Page Limits; and Number of Copies.

(1) Format.

(A) Reproduction. A motion, response, or reply 

may be reproduced by any process that yields 

a clear black image on light paper. The paper 

must be opaque and unglazed. Only one side 

of the paper may be used.

(B) Cover. A cover is not required but there must 

be a caption that includes the case number, the 

name of the court, the title of the case, and a 

brief descriptive title indicating the purpose of 

the motion and identifying the party or parties 

for whom it is fi led. If a cover is used, it must 

be white.

(C) Binding. The document must be bound in any 

manner that is secure, does not obscure the text, 

and permits the document to lie reasonably fl at 

when open.

(D) Paper size, line spacing, and margins. The 

document must be on 81

/2 by 11 inch paper. 

The text must be double-spaced, but quotations 

more than two lines long may be indented and 

single-spaced. Headings and footnotes may 

be single-spaced. Margins must be at least one 

inch on all four sides. Page numbers may be 

placed in the margins, but no text may appear 

there.

(E) Typeface and type styles. The document must 

comply with the typeface requirements of Rule 

32(a)(5) and the type-style requirements of 

Rule 32(a)(6).

(2) the reply to the response and the legal argument to 

support it.

(d) Length of Motion, Response, or Reply; Cover and Backing; 

Attachments. Items listed in Federal Circuit Rule 27(a)(7)-

(9) do not count toward the page limitation in Federal Rule 

of Appellate Procedure 27(d)(2). Cover and backing for a 

motion, response, or reply are not required. If a motion 

includes several attachments or exhibits, the court prefers 

that the attachments or exhibits be separately tabbed for 

ease of reference. 

(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 fi le 

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 fi led if leave is sought and obtained, or may be 

made at oral argument.

(f) Motion to Dismiss or to Remand; Response. A motion 

to dismiss for lack of jurisdiction or to remand should be 

made as soon after docketing as the grounds for the motion 

are known. After the appellant or petitioner has fi led the 

principal brief, the argument supporting dismissal for lack 

of jurisdiction or remand should be made in the brief of 

the appellee or respondent. A response in opposition, if 

any, should be included in the responsive brief. Joint or 

unopposed motions or stipulations to dismiss or to 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. The clerk 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 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. Even if the clerk is authorized to 

act on a particular motion, the clerk 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. 

(j) Copies in an En Banc Case. When an appeal is pending 

before the court en banc, motions and responses must be 

fi led in an original and 18 copies. 

(k) Application for Consideration, Vacation, or Modifi cation 

of Procedural Order. A party adversely affected by a 

 27
49

Federal Rules of Appellate Procedure Federal Circuit Rules

Rule 27

(2) Page Limits. A motion or a response to a 

motion must not exceed 20 pages, exclusive 

of the corporate disclosure statement and 

accompanying documents authorized by Rule 

27(a)(2)(B), unless the court permits or directs 

otherwise. A reply to a response must not 

exceed 10 pages.

(3) Number of Copies. An original and 3 copies 

must be fi led unless the court requires a different number by local rule or by order in a 

particular case.

(e) Oral Argument. A motion will be decided without oral 

argument unless the court orders otherwise.

procedural order entered on a motion without awaiting the 

response time or by an order of the clerk may move for 

relief within 14 days of the order or action. The application 

must be made by motion.

(l) Review or Reconsideration of the Order of a Single Judge 

or Panel of Judges. Except for a dispositive order issued 

by a panel, which time will be governed by Federal Rule 

of Appellate Procedure 40(a)(1), a party seeking review by 

the court of the action of a single judge or reconsideration 

of the action of a panel of judges must fi le a motion for 

reconsideration within 14 days of the entry of the order.

(m) Motion Papers Containing Material Subject to a Protective 

Order.

(1) Two Sets of Motion Papers. If a party refers in motion 

papers to material subject to confi dentiality mandated 

by statute or to a judicial or administrative protective 

order, two sets of motion papers must be fi led.

(A) Confi dential set; labeling; number of copies. One 

set of motion papers, consisting of the original 

and three copies, must be labeled “confi dential” 

and fi led with the court. If confi dentiality will 

end on a date certain or upon the happening of 

an event, this must be stated on the cover, e.g., 

“CONFIDENTIAL UNTIL [DATE],” or “CONFIDENTIAL 

DURING JUDICIAL REVIEW.” Each page containing 

confidential material must enclose this 

material in brackets or indicate this material by 

highlighting.

(B) Nonconfi dential set; labeling; number of copies. 

The second set of motion papers, consisting 

of the original and three copies from which 

confi dential matter has been deleted, must be 

labeled “nonconfi dential” and fi led with the 

court. Each page from which material subject to 

a protective order has been deleted must bear 

a legend so stating. The introductory paragraph 

of the nonconfi dential motion or response must 

describe the general nature of the confi dential 

material that has been deleted.

(2) Service. Each party to the appeal must be served two 

copies of the nonconfi dential motion papers and, when 

permitted by the applicable protective order, two copies 

of the confi dential motion papers.

(3) Availability to the Public. The confi dential motion 

papers will be made available only to authorized court 

personnel and must not be made available to the public. 

After 5 years following the end of all proceedings in the 

court, the parties may be directed to show cause why 

confi dential motion papers (except those protected by 

statute) should not be made available to the public.
Federal Rules of Appellate Procedure Federal Circuit Rules

50

Rule 28

Practice Notes

CONTENT OF A MOTION, RESPONSE, OR REPLY. Using Federal Circuit Rule 27’s preferred content and organization for a motion, response, 

or reply will help avoid delays caused by the need for additional information. Although motions, responses, and replies need not have the 

formality of briefs, a motion, response, or reply may be rejected if it is not substantially complete.

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 nor the court is required to grant relief just because 

the parties agree it should be granted. The clerk’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 for leave to fi le various documents, motions for leave to proceed in 

forma pauperis, etc. Examples of nonprocedural motions include motions to dismiss, motions to remand, motions to transfer, motions to 

summarily affi rm judgments, motions for stays of injunctions, motions to strike portions of briefs or appendices, motions for leave to intervene, 

motions for leave to fi le 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 grants a motion to extend the time to fi le a principal brief by 60 days, no further extensions should be anticipated. Once 

a case is assigned to a merits panel, the clerk refers all motions to the merits panel. 

TELEPHONE INQUIRY ABOUT PENDING MOTIONS; ACCESS TO ORDERS ON WEBSITE. Telephone inquiries about pending motions are discouraged 

because they divert the clerk’s offi ce staff from more pressing duties. When an order on a motion directs counsel to take prompt action, the 

clerk’s offi ce will telephone counsel. All other orders are considered routine and counsel may await notifi cation by mail. Alternatively, counsel 

or the parties may often determine the status of a pending motion and obtain copies of court orders on this court’s website, http://www.cafc.

uscourts.gov/index.html. First, one may view on PACER the court’s current docket sheet in any pending appeal or petition to determine the 

current status of a motion. Second, if a motion has been processed by the court’s senior staff attorney, the order will normally be available on 

the website the same day it is fi led. Third, many other pertinent orders, including en banc orders, are promptly posted on the court’s opinions 

and orders page. Under no circumstances should anyone telephone a judge or the offi ce of the senior staff attorney about a motion. In an 

emergency, you may call the clerk’s offi ce. 

Rule 28. Briefs 

(a) Contents of Brief; Organization of Contents; Addendum; 

Binding. Briefs must be bound as prescribed in Rule 32 of 

the Federal Rules of Appellate Procedure and must contain 

the following in the order listed:

(1) the certifi cate of interest (see Federal Circuit Rule 

47.4);

(2) the table of contents;

(3) the table of authorities;

(4) the statement of related cases (see Federal Circuit 

Rule 47.5);

(5) the jurisdictional statement including a representation 

that the judgment or order appealed from is fi nal or, if 

not fi nal, the basis for appealability (e.g., preliminary 

injunction, Fed. R. Civ. P. 54(b) certifi cation of 

fi nal judgment as to fewer than all of the claims or 

parties, etc.);

(6) the statement of the issues;

(7) the statement of the case, including the citation of 

any published decision of the trial tribunal in the 

proceedings;

Rule 28. Briefs

(a) Appellant’s Brief. The appellant’s brief must contain, 

under appropriate headings and in the order indicated:

(1) a corporate disclosure statement if required by 

Rule 26.1;

(2) a table of contents, with page references;

(3) a table of authorities — cases (alphabetically 

arranged), statutes, and other authorities — with 

references to the pages of the brief where they 

are cited;

(4) a jurisdictional statement, including:

(A) the basis for the district court’s or agency’s 

subject-matter jurisdiction, with citations to 

applicable statutory provisions and stating 

relevant facts establishing jurisdiction;

(B) the basis for the court of appeals’ jurisdiction, 

with citations to applicable statutory provisions and stating relevant facts establishing 

jurisdiction;

(C) the fi ling dates establishing the timeliness of 

the appeal or petition for review; and
51

Federal Rules of Appellate Procedure Federal Circuit Rules

Rule

(D) an assertion that the appeal is from a fi nal 

order or judgment that disposes of all parties’ 

claims, or information establishing the court 

of appeals’ jurisdiction on some other basis;

(5) a statement of the issues presented for review;

(6) a statement of the case briefl y indicating the nature 

of the case, the course of proceedings, and the disposition below;

(7) a statement of facts relevant to the issues submitted 

for review with appropriate references to the record 

(see Rule 28(e));

(8) a summary of the argument, which must contain a 

succinct, clear, and accurate statement of the arguments made in the body of the brief, and which must 

not merely repeat the argument headings;

(9) the argument, which must contain:

(A) appellant’s contentions and the reasons for 

them, with citations to the authorities and 

parts of the record on which the appellant 

relies; and

(B) for each issue, a concise statement of the 

applicable standard of review (which may 

appear in the discussion of the issue or under a 

separate heading placed before the discussion 

of the issues);

(10) a short conclusion stating the precise relief sought; 

and

(11) the certifi cate of compliance, if required by Rule 

32(a)(7).

(b) Appellee’s Brief. The appellee’s brief must conform to 

the requirements of Rule 28(a)(1)-(9) and (11), except 

that none of the following need appear unless the appellee is dissatisfi ed with the appellant’s statement:

(1) the jurisdictional statement;

(2) the statement of the issues;

(3) the statement of the case;

(4) the statement of the facts; and

(5) the statement of the standard of review.

(c) Reply Brief. The appellant may fi le a brief in reply 

to the appellee’s brief. An appellee who has crossappealed may fi le a brief in reply to the appellant’s 

response to the issues presented by the cross-appeal. 

Unless the court permits, no further briefs may be 

fi led. A reply brief must contain a table of contents, 

with page references, and a table of authorities — 

cases (alphabetically arranged), statutes, and other 

(8) the statement of the facts;

(9) the summary of the argument;

(10) the argument, including statement of the standard of 

review;

(11) the conclusion and statement of relief sought;

(12) the judgment, order, or decision in question, and any 

opinion, memorandum, or fi ndings and conclusions 

supporting it, as an addendum placed last within 

the initial brief of the appellant or petitioner. This 

requirement 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.) Additionally, 

in an appeal involving a patent, the patent in suit may 

be included within the addendum of the initial brief 

and, if included, must be reproduced in its entirety. 

(See also Federal Circuit Rule 30(a)(2)(A)(iii) and Federal 

Circuit Rule 30(a)(3) for a requirement that the patent 

in suit be included in its entirety in the appendix);

(13) the proof of service (see Federal Rule of Appellate 

Procedure 25(d)); and

(14) the certifi cate of compliance, if required by Federal 

Rule of Appellate Procedure 32(a)(7).

(b) Appellee’s Jurisdictional Statement and Statements 

of the Issues, the Case, the Facts, and the Standard 

of Review. The appellee’s jurisdictional statement and 

statements of the issues, the case, the facts, and the 

standard of review must be limited to specifi c areas 

of disagreement with those of the appellant. Absent 

disagreement, the appellee must not include any of those 

statements. The statement of the case must include the 

citation of any published decision of the trial tribunal in 

the proceedings that is not included in the appellant’s 

statement of the case.

(c) Motion to File Extended Brief. The court looks with disfavor 

on a motion to fi le an extended brief and grants it only 

for extraordinary reasons. Unless the order granting a 

motion to fi le an extended brief provides otherwise, when 

additional pages or words are allowed in the principal 

brief of an appellant or cross appellant, a responsive brief 

permitted by the rules may contain the same number of 

additional pages or words.

(d) Brief Containing Material Subject to a Protective 

Order.

(1) Two Sets of Briefs. If a party refers in a brief to material 

subject to confi dentiality mandated by statute or to 

a judicial or administrative protective order, two sets 

of briefs must be fi led.

 28
Federal Rules of Appellate Procedure Federal Circuit Rules

52

Rule

(A) Confi dential set; labeling; number of copies. 

One set of briefs, consisting of the original and 

eleven copies, must be labeled “confi dential” 

and fi led with the court. If confi dentiality will 

end on a date certain or upon the happening of 

an event, this must be stated on the cover, e.g., 

“CONFIDENTIAL UNTIL [DATE],” or “CONFIDENTIAL 

DURING JUDICIAL REVIEW.” Each page containing 

confi dential material must enclose this material in 

brackets or indicate this material by highlighting.

(B) Nonconfi dential set; labeling; number of copies. 

The second set of briefs, consisting of the original 

and four copies from which confi dential matter has 

been deleted, must be labeled “nonconfi dential” 

and fi led with the court. Each page from which 

material subject to a protective order has been 

deleted must bear a legend so stating. The table of 

contents of a nonconfi dential brief must describe 

the general nature of the confi dential material 

that has been deleted.

(2) Service. Each party to the appeal must be served two 

copies of the nonconfi dential brief and, when permitted 

by the applicable protective order, two copies of the 

confi dential brief.

(3) Availability to the Public. The confi dential briefs will 

be made available only to authorized court personnel 

and must not be made available to the public. After 

5 years following the end of all proceedings in the 

court, the parties may be directed to show cause why 

confi dential briefs (except those protected by statute) 

should not be made available to the public.

(e) Citations. Opinions of this court and its predecessors 

should be cited as found in the Federal Reporter. Parallel 

citations to any other reporters are discouraged. Examples 

of acceptable citations are:

Guotos v. United States, 552 F.2d 992 (Ct. Cl. 1976).

In re Sponnable, 405 F.2d 578 (CCPA 1969).

South Corporation v. United States, 690 F.2d 1368 (Fed. 

Cir. 1982)(en banc).

Doe v. Roe, No. 12-345, slip op. (Fed. Cir. Oct. 1, 1982). 

(f) Reference to Appendix. Reference in the brief to pages 

of the joint appendix and, if permitted, of a supplemental 

appendix must be as short as possible consistent with 

clarity, e.g., A206 or SA17. 

(g) Informal Brief; Appellee’s Brief. A pro se party may fi le 

an informal brief on the form prescribed by the court. 

When the appellant or petitioner fi les an informal brief, 

the appellee or respondent may elect to fi le an informal 

brief. An informal brief fi led by an appellee or respondent 

must contain a statement of the case but otherwise follow 

authorities — with references to the pages of the reply 

brief where they are cited.

(d) References to Parties. In briefs and at oral argument, 

counsel should minimize use of the terms “appellant” 

and “appellee.” To make briefs clear, counsel should use 

the parties’ actual names or the designations used in the 

lower court or agency proceeding, or such descriptive 

terms as “the employee,” “the injured person,” “the 

taxpayer,” “the ship,” “the stevedore.”

(e) References to the Record. References to the parts of 

the record contained in the appendix fi led with the 

appellant’s brief must be to the pages of the appendix. 

If the appendix is prepared after the briefs are fi led, a 

party referring to the record must follow one of the 

methods detailed in Rule 30(c). If the original record 

is used under Rule 30(f) and is not consecutively paginated, or if the brief refers to an unreproduced part 

of the record, any reference must be to the page of the 

original document. For example:

 Answer p. 7;

 Motion for Judgment p. 2; 

 Transcript p. 231.

Only clear abbreviations may be used. A party referring 

to evidence whose admissibility is in controversy must 

cite the pages of the appendix or of the transcript at 

which the evidence was identifi ed, offered, and received 

or rejected.

(f) Reproduction of Statutes, Rules, Regulations, etc. 

If the court’s determination of the issues presented 

requires the study of statutes, rules, regulations, etc., 

the relevant parts must be set out in the brief or in an 

addendum at the end, or may be supplied to the court 

in pamphlet form.

(g) [Reserved]

(h) [Reserved]

(i) Briefs in a Case Involving Multiple Appellants or 

Appellees. In a case involving more than one appellant 

or appellee, including consolidated cases, any number 

of appellants or appellees may join in a brief, and any 

party may adopt by reference a part of another’s brief. 

Parties may also join in reply briefs.

(j) Citation of Supplemental Authorities. If pertinent and 

signifi cant authorities come to a party’s attention after 

the party’s brief has been fi led — or after oral argument 

but before decision — a party may promptly advise the 

circuit clerk by letter, with a copy to all other parties, setting forth the citations. The letter must state the reasons 

for the supplemental citations, referring either to the 

 28
53

Federal Rules of Appellate Procedure Federal Circuit Rules

Rule

Practice Notes

INFORMAL BRIEF. The informal brief procedure is explained in the Guide for Pro Se Petitioners and Appellants.

MULTIPLE PARTIES. When there are multiple parties represented by the same counsel or counsel from the same fi rm, a combined brief must 

be fi led on behalf of all the parties represented by that counsel or fi rm. 

DESCRIBING THE GENERAL NATURE OF CONFIDENTIAL MATERIAL DELETED FROM THE NONCONFIDENTIAL BRIEF. The following example 

is acceptable:

CONFIDENTIAL MATERIAL OMITTED

The material omitted on page 42 describes the circumstances of an alleged lost sale; the material omitted in the fi rst 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 confi dential may hinder 

the court’s preparation and issuance of opinions. Counsel must be prepared to justify at oral argument any claim of confi dentiality.

 28

page of the brief or to a point argued orally. The body of 

the letter must not exceed 350 words. Any response must 

be made promptly and must be similarly limited.

the format prescribed for the pro se party. 

(h) Briefs in a Transferred Case. When an appeal is transferred 

to this court by another court of appeals after briefs have 

been fi led, the parties may stipulate to proceed on those 

briefs instead of fi ling briefs prescribed by these rules. 

The stipulation must be fi led within 14 days of docketing, 

and the number of copies of briefs required by Federal 

Circuit Rule 31(b) must accompany the stipulation. The 

court may order supplemental briefs.

(i) Citation of Supplemental Authorities. An original and 6 

copies of a citation of supplemental authorities must be 

fi led.
Federal Rules of Appellate Procedure Federal Circuit Rules

54

Rule 28.1

Rule 28.1. Cross-Appeals

(a) Applicability. This rule applies to a case in which a 

cross-appeal is fi led. Rules 28(a)-(c), 31(a)(1), 32(a)(2), 

and 32(a)(7)(A)-(B) do not apply to such a case, except 

as otherwise provided in this rule. 

(b) Designation of Appellant. The party who fi les a notice 

of appeal fi rst is the appellant for the purposes of this 

rule and Rules 30 and 34. If notices are filed on the 

same day, the plaintiff in the proceeding below is the 

appellant. These designations may be modifi ed by the 

parties’ agreement or by court order. 

(c) Briefs. In a case involving a cross-appeal:

(1) Appellant’s Principal Brief. The appellant must 

fi le a principal brief in the appeal. That brief must 

comply with Rule 28(a). 

(2) Appellee’s Principal and Response Brief. The 

appellee must fi le a principal brief in the crossappeal and must, in the same brief, respond to the 

principal brief in the appeal. That appellee’s brief 

must compy with Rule 28(a), except that the brief 

need not include a statement of the case or a statement of the facts unless the appellee is dissatisfi ed 

with the appellant’s statement. 

(3) Appellant’s Response and Reply Brief. The appellant must fi le a brief that responds to the principal 

brief in the cross-appeal and may, in the same brief, 

reply to the response in the appeal. That brief must 

comply with Rule 28(a)(2)-(9) and (11), except that 

none of the following need appear unless the appellant is dissatisfi ed with the appellee’s statement in 

the cross-appeal:

(A) the jurisdictional statement;

(B) the statement of the issues;

(C) the statement of the case;

(D) the statement of the facts; and

(E) the statement of the standard of review.

(4) Appellee’s Reply Brief. The appellee may fi le a brief 

in reply to the response in the cross-appeal. That 

brief must comply with Rule 28(a)(2)-(3) and (11) 

and must be limited to the issues presented by the 

cross-appeal. 

(5) No further Briefs. Unless the court permits, no 

further briefs may be fi led in a case involving a 

cross-appeal.

(d) Cover. Except for fi lings by unrepresented parties, 

the cover of the appellant’s principal brief must be 

blue; the appellee’s principal and response brief, red; 
55

Federal Rules of Appellate Procedure Federal Circuit Rules

Rule

the appellant’s response and reply brief, yellow; the 

appellee’s reply brief, gray; an intervenor’s or amicus 

curiae’s brief, green; and any supplemental brief, tan. 

The front cover of a brief must contain the information 

required by Rule 32(a)(2). 

(e) Length.

(1) Page Limitation. Unless it complies with Rule 

28.1(e)(2) and (3), the appellant’s principal brief 

must not exceed 30 pages; the appellee’s principal 

and response brief, 35 pages; the appellant’s response 

and reply brief, 30 pages; and the appellee’s reply 

brief, 15 pages. 

(2) Type-Volume Limitation. 

(A) The appellant’s principal brief or the appellant’s 

response and reply brief is acceptable if:

(i) it contains no more than 14,000 words; 

or

(ii) it uses a monospaced face and contains no 

more than 1,300 lines of text. 

(B) The appellee’s principal and response brief is 

acceptable if:

(i) it contains no more than 16,500 words; 

or

(ii) it uses a monospaced face and contains no 

more than 1,500 lines of text. 

(C) The appellee’s reply brief is acceptable if it 

contains no more than half of the type volume 

specifi ed in Rule 28.1(e)(2)(A).

(3) Certificate of Compliance. A brief submitted 

under Rule 28.1(e)(2) must comply with Rule 

32(a)(7)(C).

(f) Time to Serve and File a Brief. Briefs must be served 

and fi led as follows:

(1) the appellant’s principal brief, within 40 days after 

the record is fi led;

(2) the appellee’s principal and response brief, within 30

days after the appellant’s principal brief is served;

(3) the appellant’s response and reply brief, within 30 

days after the appellee’s principal and response brief 

is served; and

(4) the appellee’s reply brief, within 14 days after the 

appellant’s response and reply brief is served, but 

at least 7 days before argument unless the court, for 

good cause, allows a later fi ling. 

 28.1
Federal Rules of Appellate Procedure Federal Circuit Rules

56

Rule

Practice Notes

CROSS-APPEALS. A party may fi le 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, to limit the fourth brief to the issues presented by the 

cross-appeal. In all cases, counsel should be prepared to defend the fi ling of a cross-appeal and the propriety of arguments presented in 

the fourth brief at oral argument.

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(4). Where the term “appellee” is used, it refers to the “crossappellant”.

Rule 29. Brief of an Amicus Curiae

(a) When Permitted. The United States or its offi cer or 

agency or a state may fi le an amicus curiae brief without 

the consent of the parties or leave of court. Any other 

amicus curiae may fi le a brief only by leave of court or 

if the brief states that all parties have consented to its 

fi ling.

(b) Motion for Leave to File. The motion must be accompanied by the proposed brief and state:

(1) the movant’s interest; and

(2) the reason why an amicus brief is desirable and why 

the matters asserted are relevant to the disposition 

of the case.

(c) Contents and Form. An amicus brief must comply with 

Rule 32. In addition to the requirements of Rule 32,

the cover must identify the party or parties supported 

and indicate whether the brief supports affi rmance or 

reversal. An amicus brief need not comply with Rule 

28, but must include the following:

(1) if the amicus curiae is a corporation, a disclosure 

statement like that required of parties by Rule 26.1; 

(2) a table of contents, with page references;

(3) a table of authorities — cases (alphabetically 

arranged), statutes, and other authorities — with 

references to the pages of the brief where they are 

cited;

(4) a concise statement of the identity of the amicus 

curiae, its interest in the case, and the source of its 

authority to fi le;

(5) unless the amicus curiae is one listed in the fi rst 

sentence of Rule 29(a), a statement that indicates 

whether:

Rule 29. Brief of an Amicus Curiae 

(a) Content; Form. In addition to the contents required by 

Federal Rule of Appellate Procedure 29, the brief of an 

amicus curiae must include a certifi cate of interest (see

Federal Circuit Rule 47.4) in front of the table of contents. 

(b) List of Amicus Curiae. The clerk will maintain a list of 

bar associations and other organizations to be invited 

to fi le amicus curiae briefs when the court directs. Bar 

associations and other organizations will be placed on the 

list if they request. The request must be renewed annually 

not later than October 1.

(c) Consent. If an amicus brief is fi led 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 fi ling. 

 29
57

Federal Rules of Appellate Procedure Federal Circuit Rules

Rule

(A) a party’s counsel authored the brief in whole 

or in part;

(B) a party or a party’s counsel contributed money 

that was intended to fund preparing or submitting the brief; and

(C) a person — other than the amicus curiae, its 

members, or its counsel — contributed money 

that was intended to fund preparing or submitting the brief and, if so, identifi es each such 

person;

(6) an argument, which may be preceded by a summary and which need not include a statement of 

the applicable standard of review; and

(7) a certifi cate of compliance, if required by Rule 32(a)

(7).

(d) Length. Except by the court’s permission, an amicus 

brief may be no more than one-half the maximum 

length authorized by these rules for a party’s principal 

brief. If the court grants a party permission to fi le a 

longer brief, that extension does not affect the length 

of an amicus brief.

(e) Time for Filing. An amicus curiae must fi le its brief, 

accompanied by a motion for fi ling when necessary, no 

later than 7 days after the principal brief of the party 

being supported is fi led. An amicus curiae that does 

not support either party must fi le its brief no later than 7 

days after the appellant’s or petitioner’s principal brief is 

fi led. A court may grant leave for later fi ling, specifying 

the time within which an opposing party may answer.

(f) Reply Brief. Except by the court’s permission, an amicus 

curiae may not fi le a reply brief.

(g) Oral Argument. An amicus curiae may participate in 

oral argument only with the court’s permission.

Rule 30. Appendix to the Briefs

(a) Appellant’s Responsibility.

(1) Contents of the Appendix. The appellant must prepare and fi le an appendix to the briefs containing:

(A) the relevant docket entries in the proceeding 

below;

(B) the relevant portions of the pleadings, charge, 

fi ndings, or opinion;

Rule 30. Appendix to the Briefs 

(a) Purpose; Content of Appendix; Time for Filing; Number 

of Copies; Cover; Service.

(1) Purpose. The purpose of this rule is to limit the size of 

the appendix of documentary materials that is printed 

and fi led with the court. The rule also authorizes a 

supplementary video recording media appendix under 

some circumstances.

 30

Practice Note

An amicus curiae must fi le an entry of appearance and a certifi cate of interest, if applicable. See Federal Circuit Rules 47.3, 47.4, and Forms 

8 and 9.
Federal Rules of Appellate Procedure Federal Circuit Rules

58

Rule

(C) the judgment, order, or decision in question; 

and

(D) other parts of the record to which the parties 

wish to direct the court’s attention.

(2) Excluded Material. Memoranda of law in the district court should not be included in the appendix 

unless they have independent relevance. Parts of the 

record may be relied on by the court or the parties 

even though not included in the appendix.

(3) Time to File; Number of Copies. Unless fi ling is 

deferred under Rule 30(c), the appellant must fi le 

10 copies of the appendix with the brief and must 

serve one copy on counsel for each party separately 

represented. An unrepresented party proceeding in 

forma pauperis must fi le 4 legible copies with the 

clerk, and one copy must be served on counsel for 

each separately represented party. The court may 

by local rule or by order in a particular case require 

the fi ling or service of a different number.

(b) All Parties’ Responsibilities.

(1) Determining the Contents of the Appendix. The 

parties are encouraged to agree on the contents 

of the appendix. In the absence of an agreement, 

the appellant must, within 14 days after the record 

is fi led, serve on the appellee a designation of the 

parts of the record the appellant intends to include 

in the appendix and a statement of the issues the 

appellant intends to present for review. The appellee 

may, within 14 days after receiving the designation, 

serve on the appellant a designation of additional 

parts to which it wishes to direct the court’s attention. The appellant must include the designated 

parts in the appendix. The parties must not engage 

in unnecessary designation of parts of the record, 

because the entire record is available to the court. 

This paragraph applies also to a cross-appellant and 

a cross-appellee.

(2) Costs of Appendix. Unless the parties agree otherwise, the appellant must pay the cost of the appendix. If the appellant considers parts of the record 

designated by the appellee to be unnecessary, the 

appellant may advise the appellee, who must then 

advance the cost of including those parts. The cost 

of the appendix is a taxable cost. But if any party 

causes unnecessary parts of the record to be included 

in the appendix, the court may impose the cost of 

those parts on that party. Each circuit must, by 

local rule, provide for sanctions against attorneys 

who unreasonably and vexatiously increase litigation costs by including unnecessary material in the 

appendix.

(2) Contents; Indiscriminate Referencing to Blocks of 

the Record Prohibited.

(A) In addition to the matters required by Federal 

Rule of Appellate Procedure 30(a)(1)(A),(B), and 

(C), the appendix must include:

(i) the entire docket sheet 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; 

(iii) in an appeal involving a patent, the patent in 

suit in its entirety. The patent in suit may also 

be included as an addendum to appellant’s 

initial brief. Any other patents included in an 

appendix must be included in their entirety; 

and 

(iv) any nonprecedential opinion or order cited in 

accordance with Federal Circuit Rule 32.1(c).

(B) Parts of the record authorized by Federal Rule 

of Appellate Procedure 30(a)(1)(D) must not be 

included in the appendix unless they are actually 

referenced in the briefs, but the parties are 

encouraged to include in the appendix suffi cient 

surrounding transcript pages to provide context 

for a referenced transcript excerpt.

(C) Indiscriminate referencing in briefs to blocks of 

record pages or inclusion of unnecessary pages 

in the appendix is prohibited.

(D) If the appellant considers that parts of the record 

have been referenced 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 in their entirety 

(except as otherwise provided in Federal 

Circuit Rule 30);

(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

 30
59

Federal Rules of Appellate Procedure Federal Circuit Rules

Rule

(vi) jury lists.

(F) Nothing in this Federal Circuit Rule 30 prohibits 

from designation and inclusion in an appendix:

(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; or

(iii) the briefs and memoranda in their entirety in 

a case where the only issue is the propriety 

of summary judgment.

(3) Additional Mandatory Appendix Items in Patent 

and Trademark Offi ce Appeals. In an appeal from 

the Patent and Trademark Offi ce, unless the parties 

mutually agree otherwise, the appendix must include:

(A) a copy of all rejected claims in an ex parte patent 

appeal;

(B) a copy of all counts in a patent interference appeal; 

or

(C) 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 a registered mark in an ex parte 

or an inter partes trademark appeal.

(4) Time for Filing. The appellant must serve and fi le an 

appendix within 7 days after the last reply brief is 

served and fi led. When there is no cross appeal, if the 

appellant does not fi le a reply brief, the appendix must 

be served and fi led within the time for fi ling the reply 

brief. In a cross appeal, if the cross appellant does 

not fi le a reply brief, the appendix must be served and 

fi led within 7 days after the time for fi ling the cross 

appellant’s reply brief has expired.

(5) Number of Copies. Twelve copies of the appendix 

must be fi led with the court.

(6) Multi-Volume Appendix: Covers and Page Numbers.

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).

(7) Service. Two copies of the appendix must be served 

on counsel for each party separately represented. One 

copy must be served on each pro se party.

(8) Consequence of Failing to File an Appendix. If 

the appellant fails to fi le an appendix, the clerk is 

authorized to dismiss the case. 

(c) Deferred Appendix.

(1) Deferral Until After Briefs Are Filed. The court 

may provide by rule for classes of cases or by order 

in a particular case that preparation of the appendix 

may be deferred until after the briefs have been fi led 

and that the appendix may be fi led 21 days after the 

appellee’s brief is served. Even though the fi ling of 

the appendix may be deferred, Rule 30(b) applies; 

except that a party must designate the parts of the 

record it wants included in the appendix when it 

serves its brief, and need not include a statement of 

the issues presented. 

(2) References to the Record.

(A) If the deferred appendix is used, the parties 

may cite in their briefs the pertinent pages of 

the record. When the appendix is prepared, 

the record pages cited in the briefs must be 

indicated by inserting record page numbers, in 

brackets, at places in the appendix where those 

pages of the record appear.

(B) A party who wants to refer directly to pages of 

the appendix may serve and fi le copies of the 

brief within the time required by Rule 31(a), 

containing appropriate references to pertinent 

pages of the record. In that event, within 14 

days after the appendix is fi led, the party must 

serve and fi le copies of the brief, containing references to the pages of the appendix in place of 

or in addition to the references to the pertinent 

pages of the record. Except for the correction 

of typographical errors, no other changes may 

be made to the brief.

(d) Format of the Appendix. The appendix must begin 

with a table of contents identifying the page at which 

each part begins. The relevant docket entries must 

follow the table of contents. Other parts of the record 

must follow chronologically. When pages from the 

transcript of proceedings are placed in the appendix, 

the transcript page numbers must be shown in brackets 

immediately before the included pages. Omissions in 

the text of papers or of the transcript must be indicated 

by asterisks. Immaterial formal matters (captions, subscriptions, acknowledgments, etc.) should be omitted.

(e) Reproduction of Exhibits. Exhibits designated for 

inclusion in the appendix may be reproduced in a separate volume, or volumes, suitably indexed. Four copies 

must be fi led with the appendix, and one copy must be 

served on counsel for each separately represented party. 

If a transcript of a proceeding before an administrative 

agency, board, commission, or offi cer was used in a 

district-court action and has been designated for inclu-

 30
Federal Rules of Appellate Procedure Federal Circuit Rules

60

Rule

(b) Determination of Contents of Appendix; Designation of 

Materials; Extension of Time.

(1) The parties are encouraged to agree on the contents of 

an appendix that will comply with this Federal Circuit 

Rule 30.

(2) In the absence of an agreement, the appellant must, 

within 14 days after docketing in an appeal from a 

court or after service of the certifi ed list or index in 

a petition for review or appeal from an agency, serve 

on the appellee or cross appellant a designation of 

materials from which the appendix will be prepared 

and a statement of the issues to be presented for 

review. The appellee or cross appellant may, within 

14 days after receiving the designation, serve on the 

appellant a counterdesignation of additional parts to 

be included in the appendix. 

(3) A designation or counterdesignation must not be fi led 

with the court.

(4) Table of Page Numbers; Physical Compilation.

(A) Within 14 days after the parties have designated 

the material for the appendix, the appellant 

must assign consecutive page numbers to the 

designated material and serve on all parties a 

table refl ecting the page numbers of each item 

designated. 

(B) If not prohibited in an outstanding protective 

order, instead of the table the appellant may—at 

the appellant’s option—serve on the parties one 

copy of a physical compilation of the designated 

material with the assigned page numbers shown. 

This copy may be in micrographic format. 

(C) The fi rst page numbers in the designated material 

must be assigned to the judgment or order 

appealed from and any opinion, memorandum, 

or fi ndings and conclusions supporting it. 

(D) The table of page numbers or the physical 

compilation of the designated material, whichever 

is used, must not be fi led with the court. If all 

designated material comprises no more than 100 

pages, Federal Circuit Rule 30(d) applies.

(5) Extension of Time Limits. The time limits for 

designating, counterdesignating, and compiling 

the table may be extended by agreement of the 

parties without seeking leave of the court, as long 

as an extension of the time is not required for fi ling 

appellant’s brief. But if a transcript of the proceedings 

is required before the material can be designated and 

if the transcript has been ordered but not completed 

within the time prescribed by this rule, the appellant 

 30

sion in the appendix, the transcript must be placed in 

the appendix as an exhibit.

(f) Appeal on the Original Record Without an Appendix.

The court may, either by rule for all cases or classes of 

cases or by order in a particular case, dispense with 

the appendix and permit an appeal to proceed on the 

original record with any copies of the record, or relevant 

parts, that the court may order the parties to fi le.
61

Federal Rules of Appellate Procedure Federal Circuit Rules

Rule 30

must move for an extension of time within which to 

designate the material. An affi davit explaining in detail 

what has been done to expedite transcription of the 

trial proceedings must be attached to the motion.

(6) Preparation of Appendix. The appellant must 

prepare the appendix to be fi led with the court 

from the designated material by selecting from that 

material only items required by these rules and pages 

specifi cally referred to in the briefs of the parties. 

Pages of the designated material not referenced in 

the briefs – other than items required by these rules 

– must be omitted from the appendix fi led with the 

court. 

(c) Format of Appendix; Pagination.

(1) Arrangement of Appendix. Federal Rule of Appellate 

Procedure 30(d) governs the arrangement of the 

appendix, except the judgment or order appealed 

from and any opinion, memorandum, or fi ndings 

and conclusions supporting it must be placed fi rst 

in the appendix. (See Federal Circuit Rule 28(a)(12) 

for a duplicative requirement of the appellant’s or 

petitioner’s initial brief.)

(2) Pagination. The page numbers used in the appendix 

must be the page numbers assigned by the appellant 

or petitioner to the designated material in accordance 

with Federal Circuit Rule 30(b). The page number must 

appear centered in the bottom margin of each page 

in the appendix. Other pagination marks must be 

redacted if necessary to avoid confusion. The materials 

in the appendix must be in numerical order according 

to the page numbers the appellant assigned to the 

designated materials. 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 

in the appendix. References in the briefs must be only 

to the page numbers of the appendix.

(3) Printing. Pages in an appendix – even when fi ling a 

combined brief and appendix – may be printed on both 

sides. To the extent possible, the court encourages 

this. 

(d) Combined Brief and Appendix.

(1) When a brief and appendix are combined, the cover 

must so indicate.

(2) If all designated material comprises no more than 100 

pages, all of it may be included in the appendix, in which 

case it may be bound together with the appellant’s or 

petitioner’s initial brief and the brief must be fi led as 

provided in Federal Circuit Rule 31(a).
Federal Rules of Appellate Procedure Federal Circuit Rules

62

Rule

(e) Appendix in a Pro Se Case. If an appellant appearing pro 

se fi les an inadequate appendix, the appellee may fi le 

with its brief an appendix containing material permitted 

by Federal Circuit Rule 30(a)(2).

(f) Separate or Supplemental Appendix. If the appellant 

has failed to participate in determining the contents of 

an appendix or has fi led an inadequate appendix, the 

United States or an offi cer or agency of the United States, 

as the appellee, may fi le a separate or supplemental 

appendix containing material permitted by Federal Circuit 

Rule 30(a)(2). The cover must be red. If the separate or 

supplemental appendix contains no more than 100 pages, 

it may be bound together with the appellee’s initial brief. 

Except as provided in Federal Circuit Rule 30(e) and (f),

no party may fi le a separate or supplemental appendix 

without leave of the court. 

(g) Costs. The costs of the table of page numbers or the copy 

of the physical compilation of the designated material 

authorized in Federal Circuit Rule 30(b)(4) and of the 

appendix, including the separate segments authorized in 

Federal Circuit Rule 30(h), may be assessed as provided 

in Federal Rule of Appellate Procedure 30(b)(2).

(h) Appendices Containing Material Subject to a Protective 

Order.

(1) Two Sets of Appendices. If a party refers in appendices 

to material subject to confi dentiality mandated by 

statute or to a judicial or administrative protective 

order, two sets of appendices must be fi led.

(A) Confi dential set; labeling; number of copies. 

One set of appendices, consisting of 12 copies 

of the complete appendix, must be labeled 

“confi dential” and fi led with the court. If 

confi dentiality will end on a date certain or 

upon the happening of an event, this must be 

stated on the cover, e.g., “CONFIDENTIAL UNTIL 

[DATE],” or “CONFIDENTIAL DURING JUDICIAL 

REVIEW.” The confi dential appendix must include 

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

order appealed from) pertinent excerpts of any 

statutes imposing confi dentiality or the entirety 

of any judicial or administrative protective order. 

Each page containing confi dential material must 

enclose this material in brackets or indicate this 

material by highlighting.

(B) Nonconfi dential set; labeling; number of copies. 

The second set of appendices, consisting of the 

original and four copies from which confi dential 

matter has been deleted, must be labeled 

“nonconfi dential” and fi led with the court. Each 

page from which material subject to a protective 

order has been deleted must bear a legend so 

 30
63

Federal Rules of Appellate Procedure Federal Circuit Rules

Rule

Practice Notes

FILING PAGE PROOF COPIES PROHIBITED; NOTICE OF NEW REFERENCES IN CROSS-APPELLANT’S REPLY BRIEF. Preparing the appendix 

requires extensive cooperation between the parties. Federal Circuit Rule 30, unlike Federal Rule of Appellate Procedure 30, does not permit 

fi ling page proof copies of briefs. An appendix prepared without careful attention to Federal Circuit Rule 30 may be rejected when submitted 

and may result in dismissal. To expedite preparing the joint appendix, a cross-appellant will notify the appellant promptly on being served 

appellant’s reply brief whether the cross appellant will fi le a reply brief and, if so, whether it will refer to pages not referenced in the briefs 

already fi led, listing any such pages.

DISPENSING WITH THE APPENDIX. A motion to dispense with the appendix will be granted only in extraordinary circumstances.

BRIEFS AND MEMORANDA. Briefs and memoranda presented to the trial court or agency may not ordinarily be included in their entirety in 

the appendix, but individual pages may be included when it is necessary to refer to them in the appellate briefs.

TABLE OF CONTENTS OR INDEX. Parties are encouraged to include a table of contents or index in each volume of the appendix.

stating. The table of contents of a nonconfi dential 

appendix must describe the general nature of the 

confi dential material that has been deleted.

(2) Service. Each party to the appeal must be served two 

copies of the nonconfi dential appendices and, when 

permitted by the applicable protective order, two copies 

of the confi dential appendices.

(3) Availability to the Public. The confi dential appendices 

will be made available only to authorized court 

personnel and must not be made available to the public. 

After 5 years following the end of all proceedings in the 

court, the parties may be directed to show cause why 

confi dential appendices (except those protected by 

statute) should not be made available to the public.

(i) Appendix to Informal Brief. The appendix to an informal 

brief must contain the judgment and opinion of the trial 

court or the fi nal 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. 

(j) Supplementary Video Recording Media Appendix. When 

the record on appeal or review has been perpetuated in 

whole or in part on video recording media in accordance 

with the rules of the court or agency, those video recording 

media portions of the record that would properly be 

included in the appendix if they were in documentary 

form may be included in a supplementary video recording 

media appendix. Four copies must be fi led.

 30
Federal Rules of Appellate Procedure Federal Circuit Rules

64

Rule

Rule 31. Serving and Filing Briefs

(a) Time to Serve and File a Brief.

(1) The appellant must serve and fi le a brief within 40 

days after the record is fi led. The appellee must 

serve and fi le a brief within 30 days after the appellant’s brief is served. The appellant may serve and 

fi le a reply brief within 14 days after service of the 

appellee’s brief but a reply brief must be fi led at least 

7 days before argument, unless the court, for good 

cause, allows a later fi ling.

(2) A court of appeals that routinely considers cases on 

the merits promptly after the briefs are fi led may 

shorten the time to serve and fi le briefs, either by 

local rule or by order in a particular case.

(b) Number of Copies. Twenty-fi ve copies of each brief 

must be fi led with the clerk and 2 copies must be served 

on each unrepresented party and on counsel for each 

separately represented party. An unrepresented party 

proceeding in forma pauperis must fi le 4 legible copies 

with the clerk, and one copy must be served on each 

unrepresented party and on counsel for each separately 

represented party. The court may by local rule or by 

order in a particular case require the fi ling or service of 

a different number.

 (c) Consequence of Failure to File. If an appellant fails 

to fi le a brief within the time provided by this rule, or 

within an extended time, an appellee may move to dismiss the appeal. An appellee who fails to fi le a brief will 

not be heard at oral argument unless the court grants 

permission.

Rule 31. Serving and Filing Briefs 

(a) Time for Service and Filing.

(1) Brief of Appellant or Petitioner.

(A) In an appeal from a court, the appellant must 

serve and fi le its initial brief within 60 days 

after docketing. Docketing a cross-appeal does 

not affect the time for serving and fi ling the 

appellant’s initial brief.

(B) In an appeal from an agency, the petitioner or 

appellant must serve and fi le its initial brief 

within 60 days after the certifi ed list or index is 

served pursuant to Federal Circuit Rule 17(c). In 

an appeal from the Patent and Trademark Offi ce, 

the appellant’s brief is due within 60 days after 

the date of docketing.

(C) When two or more appellants or petitioners 

choose to proceed by fi ling a single brief, the 

initial brief must be served and fi led no later than 

the latest date on which the initial brief of any of 

these appellants or petitioners is due.

(2) Brief of Appellee or Cross-Appellant. The appellee 

or cross appellant must serve and fi le its initial brief 

within 40 days after appellant’s brief is served.

(3) Cross-Appeal. In a cross-appeal:

(A) the appellant must serve and fi le its reply brief 

within 40 days after cross-appellant’s brief is 

served; and

(B) the cross-appellant must serve and fi le its reply 

brief within 14 days after appellant’s reply brief 

is served.

(4) Single Brief Responding to Multiple Parties. A single 

brief that responds to the briefs of multiple parties 

must be served and fi led within the time prescribed 

after service of the last of these briefs or, if no such 

brief is fi led, after the time expires for fi ling the last 

of these briefs.

(5) Reply Brief; Oral Argument. A reply brief that is fi led 

within 7 days of oral argument must be served so that 

it reaches all parties before the argument. 

(b) Number of Copies. Except for briefs containing material 

subject to a protective order (see Federal Circuit Rule 

28(d)), 12 copies of each brief, including the original or 

a copy designated as the original, must be fi led with the 

court and 2 copies must be served on the principal counsel 

for each party, intervenor, and amicus curiae separately 

represented. 

 31
65

Federal Rules of Appellate Procedure Federal Circuit Rules

Rule 31

(c) Certain Motions Suspend the Due Date of the Next Brief.

When a motion is fi led that, if granted, would terminate 

the appeal, the time to serve and fi le the next brief due is 

suspended. 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 

fi led, but not fewer than 14 days from the date of the order. 

(d) Consequence of Failure to File a Brief by Appellant or 

Petitioner. If the appellant fails to fi le an initial brief, the 

clerk is authorized to dismiss the case. 

(e) Informal Brief; Time for Filing; Number of Copies.

(1) Brief of Appellant or Petitioner.

(A) In an appeal from a court, a pro se appellant fi ling 

an informal brief must serve and fi le the brief 

within 21 days after the appeal is docketed.

(B) In a petition for review or an appeal from an 

agency, a pro se petitioner or appellant fi ling an 

informal brief must serve and fi le the brief within 

21 days after the certifi ed list or index is served 

pursuant to Federal Circuit Rule 17(c) or within 

21 days after docketing, whichever is later.

(2) Brief of Appellee or Respondent. An appellee or 

respondent fi ling an informal brief must serve and fi le 

the brief within 21 days after petitioner’s or appellant’s 

brief is served or within 21 days after the certifi ed list 

or index is served pursuant to Federal Circuit Rule 

17(c), whichever is later.

(3) Reply Brief. When an informal brief is used, any reply 

brief must be served within 14 days after respondent’s 

or appellee’s brief is served.

(4) Number of Copies. An original and 3 copies of each 

informal brief must be fi led with the court and one 

copy must be served on each party.

Practice Notes

REPLY BRIEFS DUE AT LEAST 7 DAYS BEFORE ORAL ARGUMENT; EXPEDITED SERVICE. The reply brief of the appellant (or cross-appellant 

in a cross-appeal) is due to be served and fi led within 14 days of the preceding brief. The 7-day provision of Federal Rule of Appellate 

Procedure 31(a)(1) means that the reply period is automatically shortened if the end of the 14-day period is within 7 days of oral argument. 

The briefi ng schedule will not ordinarily run so close to oral argument, but if it does—because of extensions or otherwise—the reply brief 

must be fi led early. Federal Circuit Rule 31(a)(5) provides that when that happens, a reply brief fi led within 7 days of oral argument must be 

fi led and served in an expedited manner. Regular mail would be inappropriate.

CONSOLIDATED APPEALS. In consolidated appeals in which more than one appellant fi led a notice of appeal, the opening brief of all appellants 

will be governed by the docketing date of the last fi led appeal.

CONSOLIDATED CROSS-APPEALS. In consolidated cross-appeals, the briefi ng schedule is computed according to the docketing date of the 

fi rst appeal.
Federal Rules of Appellate Procedure Federal Circuit Rules

66

Rule

Rule 32. Form of Briefs, Appendices, and Other 

Papers 

(a) Nonconforming Brief. The clerk may refuse to fi le any 

brief that has not been printed or bound in conformity 

with Federal Rule of Appellate Procedure 32. 

(b) Exclusion from Type-Volume Limitation. In addition to 

the items listed in Federal Rule of Appellate Procedure 

32(a)(7)(B)(iii) that are not counted in the type-volume 

limitation of Federal Rule of Appellate Procedure 32(a)(7)

(B), the following items do not count toward that limitation:

(1) the certifi cate of interest;

(2) the statement of related cases; and

(3) the addendum in an initial brief of an appellant or 

petitioner. 

(c) Informal Brief. An informal brief must be prepared on a 

form provided by the clerk. The form contains instructions 

for preparing and fi ling 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 30 pages 

of typewritten double-spaced text or its equivalent. 

(d) Form of Appendix. Pages in an appendix—even when 

fi ling a combined brief and appendix—may be printed on 

both sides. To the extent possible, the court encourages 

this. 

(e) Filing Corresponding Brief on Compact Disc. In addition to 

the fi ling of a paper brief, a party may fi le a corresponding 

brief contained on a compact disc - read only memory 

(CD-ROM), subject to the following requirements.

(1) Consent; Motion. Within 14 days of docketing an 

appeal, a party intending to fi le a corresponding brief 

must ascertain whether any other party consents or 

objects. If the other parties consent, the fi ling party 

must promptly fi le with the court a notice of intent to 

fi le a corresponding brief. If any other party does not 

consent, the party seeking to fi le a corresponding 

brief must promptly fi le a motion for leave with the 

court. If no response is fi led within 7 days, the clerk 

will grant the motion for leave to fi le a corresponding 

brief. The court will deny a motion for leave to fi le 

a corresponding brief only if an opposing party 

demonstrates substantial prejudice.

(2) Content. A corresponding brief must be identical in 

content to the paper brief. A corresponding brief may 

 32

Rule 32. Form of Briefs, Appendices, and Other 

Papers

(a) Form of a Brief.

(1) Reproduction.

(A) A brief may be reproduced by any process that 

yields a clear black image on light paper. The 

paper must be opaque and unglazed. Only one 

side of the paper may be used.

(B) Text must be reproduced with a clarity that 

equals or exceeds the output of a laser printer.

(C) Photographs, illustrations, and tables may 

be reproduced by any method that results in 

a good copy of the original; a glossy fi nish is 

acceptable if the original is glossy.

(2) Cover. Except for fi lings by unrepresented parties, 

the cover of the appellant’s brief must be blue; the 

appellee’s, red; an intervenor’s or amicus curiae’s, 

green; any reply brief, gray; and any supplemental 

brief, tan. The front cover of a brief must contain:

(A) the number of the case centered at the top;

(B) the name of the court;

(C) the title of the case (see Rule 12(a));

(D) the nature of the proceeding (e.g., Appeal, Petition for Review) and the name of the court, 

agency, or board below;

(E) the title of the brief, identifying the party or 

parties for whom the brief is fi led; and

(F) the name, offi ce address, and telephone number 

of counsel representing the party for whom the 

brief is fi led.

(3) Binding. The brief must be bound in any manner 

that is secure, does not obscure the text, and permits 

the brief to lie reasonably fl at when open.

(4) Paper Size, Line Spacing, and Margins. The brief 

must be on 8 1/2 by 11 inch paper. The text must be 

double-spaced, but quotations more than two lines 

long may be indented and single-spaced. Headings 

and footnotes may be single-spaced. Margins must 

be at least one inch on all four sides. Page numbers 

may be placed in the margins, but no text may 

appear there.

(5) Typeface. Either a proportionally spaced or a 

monospaced face may be used.
67

Federal Rules of Appellate Procedure Federal Circuit Rules

Rule

(A) A proportionally spaced face must include 

serifs, but sans-serif type may be used in headings and captions. A proportionally spaced face 

must be 14-point or larger.

(B) A monospaced face may not contain more than 

10 1/2 characters per inch.

(6) Type Styles. A brief must be set in a plain, roman 

style, although italics or boldface may be used for 

emphasis. Case names must be italicized or underlined.

(7) Length.

(A) Page limitation. A principal brief may not 

exceed 30 pages, or a reply brief 15 pages, unless 

it complies with Rule 32(a)(7)(B) and (C).

(B) Type-volume limitation.

(i) A principal brief is acceptable if:

• it contains no more than 14,000 words;

• or it uses a monospaced face and contains 

no more than 1,300 lines of text.

(ii) A reply brief is acceptable if it contains no 

more than half of the type volume specifi ed 

in Rule 32(a)(7)(B)(i).

(iii) Headings, footnotes, and quotations count 

toward the word and line limitations. The 

corporate disclosure statement, table of 

contents, table of citations, statement with 

respect to oral argument, any addendum 

containing statutes, rules or regulations, 

and any certifi cates of counsel do not count 

toward the limitation.

(C) Certifi cate of compliance.

(i) A brief submitted under Rules 28.1(e)(2)

or 32(a)(7)(B) must include a certifi cate 

by the attorney, or an unrepresented 

party, that the brief complies with the 

type-volume limitation. The person 

preparing the certificate may rely on 

the word or line count of the wordprocessing system used to prepare the 

brief. The certifi cate must state either:

• the number of words in the brief; or 

• the number of lines of monospaced type

in the brief.

provide hypertext links to the complete versions of 

material that was part of the record below. Hypertext 

links to other material must be confi ned to materials 

such as cases, statutes, treatises, law review articles, 

and similar authorities. A corresponding brief must be 

self-contained and static. 

(3) Statement Concerning Instructions and Viruses.

A corresponding brief must be accompanied by 

a statement, preferably within or attached to the 

packaging, that:

(A) sets forth the instructions for viewing the brief 

and the minimum equipment required for viewing; 

and

(B) verifi es the absence of computer viruses and 

lists the software used to ensure that the brief 

is virus-free.

(4) Time for Filing. A corresponding brief, if any, must be 

fi led no later than the time for fi ling the joint appendix. 

(5) Filing and Service. Except for the time of fi ling, a 

corresponding brief must be fi led and served in the 

same manner and the same number of copies as the 

paper brief.

(6) Single CD-ROM. All parties to an appeal who intend 

to fi le a corresponding CD-ROM brief are encouraged 

to cooperate in placing all such briefs on a single 

CD-ROM.

(7) Table of Contents. Parties fi ling a corresponding brief 

are encouraged to include a table of contents with links 

to all of the items required in a joint appendix under 

Federal Rule of Appellate Procedure 30 and Federal 

Circuit Rule 30 and to all other parts of the record 

contained on the corresponding brief.

(8) Labeling. A label with the caption of the case, the 

number of the case, and the types of briefs included on 

the CD-ROM must be included on both the packaging 

and the CD-ROM. 

 32
Federal Rules of Appellate Procedure Federal Circuit Rules

68

Rule

(ii) Form 6 (Federal Circuit Form 19 herein) in 

the Appendix of Forms is a suggested form 

of a certifi cate of compliance. Use of Form 

6 must be regarded as suffi cient to meet 

the requirements of Rules 28.1(e)(3) and 

32(a)(7)(C)(i).

(b) Form of an Appendix. An appendix must comply 

with Rule 32(a)(1), (2), (3), and (4), with the following 

exceptions:

(1) The cover of a separately bound appendix must be 

white.

(2) An appendix may include a legible photocopy of 

any document found in the record or of a printed 

judicial or agency decision.

(3) When necessary to facilitate inclusion of odd-sized 

documents such as technical drawings, an appendix 

may be a size other than 81/2 by 11 inches, and need 

not lie reasonably fl at when opened.

(c) Form of Other Papers.

(1) Motion. The form of a motion is governed by Rule 

27(d).

(2) Other Papers. Any other paper, including a petition 

for panel rehearing and a petition for hearing or 

rehearing en banc, and any response to such a petition, must be reproduced in the manner prescribed 

by Rule 32(a), with the following exceptions:

(A) A cover is not necessary if the caption and 

signature page of the paper together contain 

the information required by Rule 32(a)(2). If 

a cover is used, it must be white.

(B) Rule 32(a)(7) does not apply.

(d) Signature. Every brief, motion, or other paper fi led 

with the court must be signed by the party fi ling the 

paper or, if the party is represented, by one of the party’s 

attorneys.

(e) Local Variation. Every court of appeals must accept 

documents that comply with the form requirements 

of this rule. By local rule or order in a particular case 

a court of appeals may accept documents that do not 

meet all of the form requirements of this rule.

 32
69

Federal Rules of Appellate Procedure Federal Circuit Rules

Rule 32.1

Rule 32.1. Citing Judicial Dispositions

(a) Citation Permitted. A court may not prohibit or 

restrict the citation of federal judicial opinions, orders, 

judgments, or other written dispositions that have 

been:

(i) designated as “unpublished,” “not for 

publication,” “non-precedential,” “not 

precedent,” or the like; and

(ii) issued on or after January 1, 2007.

(b) Copies Required. If a party cites a federal judicial 

opinion, order, judgment, or other written disposition 

that is not available in a publicly accessible electronic 

database, the party must fi le and serve a copy of that 

opinion, order, judgment, or disposition with the brief 

or other paper in which it is cited.

Practice Notes

PREFERRED COVER. 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.

PREFERRED BINDING. The court prefers that a brief be securely bound along the left margin to ensure that the bound copy will not loosen or 

fall apart; that a brief lie fl at when open; that a ring-type binding, plastic or metal, or a binding that protrudes from the front and back covers 

(e.g., VeloBind) not be used; and that any externally positioned staple be covered with tape. 

PRINT SIZE OF BRIEFS. Counsel should avoid photoreproduction 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.

BRIEF COVERS IN CROSS-APPEALS. The color of the cover of the cross-appellant’s principal brief is red. The color of the covers of appellant’s 

reply brief is yellow and cross-appellant’s reply brief is gray.

COPIES OF PATENT DOCUMENTS. Oversize patent documents reproduced in a brief or appendix should be photoreduced 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.

ERRATA; CORRECTIONS TO BE MADE BY COUNSEL OR A PARTY. A brief may not be corrected merely by appending an errata sheet. 

Corrections, which must be limited to nonsubstantive matters, must be made by counsel or a party using suitable means directly in the briefs 

in the clerk’s offi ce. As a last resort, briefs may be replaced. Corrected or replacement briefs must be re-served, but the time to fi le a brief in 

response to a corrected or replaced brief runs from service of the original brief. A corrected or replacement brief should so indicate on the 

cover. Counsel or a party must fi le a “Notice of Correction” with the court and serve opposing counsel or unrepresented party, specifi cally 

delineating each correction. Any individual making corrections on briefs in the clerk’s offi ce must provide written authorization and present 

proper photo identifi cation.

TESTIMONY IN THE APPENDIX. To reduce bulk in the appendix, the use of condensed, columnar transcripts of testimony is encouraged.

CERTIFICATE OF COMPLIANCE. Federal Rule of Appellate Procedure 32(a)(7)(C)(ii) states that the use of Federal Rules of Appellate Procedure 

Form 6 is suffi cient to satisfy the requirements of Rule 32(a)(7)(C)(i). That form is reproduced as Federal Circuit Form 19. 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 certifi ed count. It is the responsibility of the 

fi ling party to ensure that its certifi cate of compliance is accurate.

Rule 32.1. Citing Judicial Dispositions

(a) Disposition of Appeal, Motion, or Petition. Disposition of 

an appeal may be announced in an opinion; disposition 

of a motion or petition may be announced in an order. 

An appeal may also be disposed of in a judgment of 

affi rmance without opinion pursuant to Federal Circuit 

Rule 36. A nonprecedential disposition shall bear a 

legend designating it as nonprecedential. A precedential 

disposition shall bear no legend.

(b) Nonprecedential Opinion or Order. An opinion or order 

which is designated as nonprecedential is one determined 

by the panel issuing it as not adding signifi cantly to the 

body of law.

(c) Parties’ Citation of Nonprecedential Dispositions. Parties 

are not prohibited or restricted from citing nonprecedential 

dispositions issued after January 1, 2007. This rule 

does not preclude assertion of claim preclusion, issue 

preclusion, judicial estoppel, law of the case, and the like 
Federal Rules of Appellate Procedure Federal Circuit Rules

70

Rule 32.1

Practice Notes

FILING AN OPINION. An opinion is issued when ready. No particular day of the week is considered a “down day.” An opinion is not issued on 

a holiday, as defi ned in Federal Rule of Appellate Procedure 26 and Federal Circuit Rule 26. The judgment is entered on the day the opinion 

is fi led with the clerk and mailed 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.

SUBSCRIPTIONS. Subscriptions to opinions are not available from the court, but are available from several commercial sources.

INFORMATION ABOUT AN OPINION. A disposition sheet containing information about decisions rendered, opinions issued, and actions taken 

on petitions for rehearing is posted daily in the Clerk’s Offi ce. The information about opinions is also available after 11:00 a.m. daily on a 

telephone recording; call 202-275-8030. On Fridays, the opinions for the entire week are included on the recording.

The court’s opinions, rules, and other information are also available on the Federal Circuit web site: www.cafc.uscourts.gov

Copies of the court’s opinions also may be purchased from the administrative services offi ce of the court for $2.

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. The opinion or order that is subject to the request remains nonprecedential unless and 

until the court grants the request. 

based on a nonprecedential disposition issued before that 

date.

(d) Court’s Consideration of Nonprecedential Dispositions. 

The court may refer to a nonprecedential disposition in 

an opinion or order and may look to a nonprecedential 

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 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; 

Time for Filing. Within 60 days after any nonprecedential 

opinion or order is issued, any person may request, with 

accompanying reasons, that the opinion or order be 

reissued as precedential. An original and 6 copies of the 

request must be fi led with the court. The request will be 

considered by the panel that rendered the disposition. 

The requester must notify the court and the parties of 

any case that person knows to be pending that would be 

determined or affected by reissuance as precedential. 

Parties to pending cases who have a stake in the outcome 

of a decision to make precedential 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.
71

Federal Rules of Appellate Procedure Federal Circuit Rules

Rule

Rule 33. Appeal Conferences

The court may direct the attorneys—and, when appropriate, the parties—to participate in one or more conferences to address any matter that may aid in disposing of the 

proceedings, including simplifying the issues and discussing 

settlement. A judge or other person designated by the court 

may preside over the conference, which may be conducted 

in person or by telephone. Before a settlement conference, 

the attorneys must consult with their clients and obtain as 

much authority as feasible to settle the case. The court may, 

as a result of the conference, enter an order controlling the 

course of the proceedings or implementing any settlement 

agreement.

Rule 34. Oral Argument

(a) In General.

(1) Party’s Statement. Any party may fi le, or a court 

may require by local rule, a statement explaining 

why oral argument should, or need not, be permitted.

(2) Standards. Oral argument must be allowed in 

every case unless a panel of three judges who have 

examined the briefs and record unanimously agrees 

that oral argument is unnecessary for any of the 

following reasons:

(A) the appeal is frivolous;

(B) the dispositive issue or issues have been authoritatively decided; or

(C) the facts and legal arguments are adequately 

presented in the briefs and record, and the 

decisional process would not be signifi cantly 

aided by oral argument.

 33

Rule 33. Appeal Conferences 

(a) Settlement Discussion; Joint Statement of Compliance 

or Agreement to Dismiss.

(1) When all the parties are represented by counsel, 

within 7 days after the fi rst two briefs in an appeal 

or the fi rst three briefs in a cross appeal are served 

and fi led, the parties through counsel must discuss 

settlement in appeals under 28 U.S.C. §§ 1292(c)(1)-

(2); 1295(a)(1); 1295(a)(4)(A) [with respect to patent 

interferences only]; 1295(a)(4)(B) [with respect to 

inter partes proceedings only]; 1295(a)(4)(C) [with 

respect to civil actions under 35 U.S.C. § 146 only]; 

and 1295(a)(6).

(2) No later than the time for fi ling a separate appendix 

under Federal Circuit Rule 30(a)(4), the parties must 

fi le one copy of either of the following (select only 

one):

(A) a joint statement of compliance with this rule 

indicating that settlement discussions have been 

conducted; or

(B) an agreement that the proceeding be dismissed 

under Federal Rule of Appellate Procedure 42(b).

(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.

Rule 34. Oral Argument 

(a) Reply Brief Instead of Oral Argument. If an appeal is 

not called for oral argument and the appellant declined 

to fi le a reply brief in anticipation of replying during oral 

argument, the appellant may fi le a reply brief within 14 

days after the notice that the appeal will be submitted 

on the briefs. 

(b) Time Allowed. The time allowed each side for oral 

argument will be determined by the court. The clerk will 

advise counsel of the time allotted. A party is not obliged 

to use all the time allowed. The court may terminate the 

argument if it deems further argument unnecessary. 

(c) Visual Aids.

(1) Visual Aids Used at a Trial or Administrative Hearing; 

Notice. If counsel intends to use at oral argument a 

visual aid used at a trial or administrative hearing, 

counsel must advise the clerk by letter in an original 

and 3 copies and served no later than 14 days before 

argument of the proposed visual aid.
Federal Rules of Appellate Procedure Federal Circuit Rules

72

Rule

(b) Notice of Argument; Postponement. The clerk must 

advise all parties whether oral argument will be scheduled, and, if so, the date, time, and place for it, and the 

time allowed for each side. A motion to postpone the 

argument or to allow longer argument must be fi led 

reasonably in advance of the hearing date.

(c) Order and Contents of Argument. The appellant opens 

and concludes the argument. Counsel must not read at 

length from briefs, records, or authorities.

(d) Cross-Appeals and Separate Appeals. If there is a 

cross-appeal, Rule 28.1(b) determines which party is 

the appellant and which is the appellee for purposes 

of oral argument. Unless the court directs otherwise, a 

cross-appeal or separate appeal must be argued when the 

initial appeal is argued. Separate parties should avoid 

duplicative argument.

(e) Nonappearance of a Party. If the appellee fails to 

appear for argument, the court must hear appellant’s 

argument. If the appellant fails to appear for argument, 

the court may hear the appellee’s argument. If neither 

party appears, the case will be decided on the briefs, 

unless the court orders otherwise.

(f) Submission on Briefs. The parties may agree to submit 

a case for decision on the briefs, but the court may direct 

that the case be argued.

(g) Use of Physical Exhibits at Argument; Removal. 

Counsel intending to use physical exhibits other than 

documents at the argument must arrange to place 

them in the courtroom on the day of the argument 

before the court convenes. After the argument, counsel 

must remove the exhibits from the courtroom, unless 

the court directs otherwise. The clerk may destroy or 

dispose of the exhibits if counsel does not reclaim them 

within a reasonable time after the clerk gives notice to 

remove them.

(2) Visual Aids Not Used at a Trial or Administrative 

Hearing; Notice. If counsel intends to use at oral 

argument a visual aid that was not used at a trial or 

administrative hearing, counsel must give written 

notice to opposing counsel no later than 21 days before 

the oral argument.

(3) Objection to the Use of Visual Aids. An objection to the 

proposed use of a visual aid at oral argument must be 

in writing, served on all parties, and fi led no later than 

7 days before the oral argument. If a party objects, 

the parties’ written submissions will be treated as a 

motion and response and will be referred to the panel.

(4) Scope. This rule does not preclude use of a chalkboard 

or equivalent during oral argument.

(5) Disposition. The clerk may dispose of visual aids not 

removed by the parties.

 34
73

Federal Rules of Appellate Procedure Federal Circuit Rules

Rule

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 regular active judges 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 subject to sanctions. 

(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 counsel at the beginning: 

Based on my professional judgment, I believe this 

appeal requires an answer to one or more precedentsetting questions of exceptional importance: 

(set forth each question in a separate sentence).

Rule 35. En Banc Determination

(a) When Hearing or Rehearing En Banc May Be Ordered.

A majority of the circuit judges who are in regular 

active service and who are not disqualifi ed may order 

that an appeal or other proceeding be heard or reheard 

by the court of appeals en banc. An en banc hearing 

or rehearing is not favored and ordinarily will not be 

ordered unless:

(1) en banc consideration is necessary to secure or 

maintain uniformity of the court’s decisions; or

(2) the proceeding involves a question of exceptional 

importance.

(b) Petition for Hearing or Rehearing En Banc. A party 

may petition for a hearing or rehearing en banc.

(1) The petition must begin with a statement that 

either:

(A) the panel decision confl icts with a decision of 

the United States Supreme Court or of the court 

to which the petition is addressed (with citation 

to the confl icting case or cases) and consideration by the full court is therefore necessary to 

secure and maintain uniformity of the court’s 

decisions; or

 35

Practice Notes

COURT SESSIONS; HEARING DATE. Sessions of the court will be held as announced by the court. Sessions are held regularly in Washington, 

DC, but the court may sit elsewhere. Appeals are usually calendared for oral argument or submission without argument within 2 months 

after the briefs and joint appendix are fi led. Counsel are advised of the fi rm date of hearing approximately 30 days before the session. Once 

scheduled, a case will not be postponed except on motion showing compelling reasons. Counsel should advise the clerk in writing within 

30 days once briefi ng is completed of potential scheduling confl icts or as soon as they are known and should not wait until an actual confl ict 

arises. Counsel requiring a courtroom accessible to the disabled, if oral argument is scheduled, should notify the clerk of this requirement 

when counsel fi les the entry of appearance. Counsel may elect to submit on the briefs to avoid delay in disposition or for any other reason.

ORAL ARGUMENT. Counsel must report to the clerk’s offi ce at least 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 15 minutes, 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 confi dential may hinder 

the court’s preparation and issuance of opinions. Counsel must be prepared to justify at oral argument any claim of confi dentiality.

PAMPHLET. When counsel are advised of the fi rm date of oral argument, they will be sent a pamphlet, Notice to Counsel on Oral Argument, 

which contains detailed instructions about the conduct of oral argument.

COPIES OF RECORDINGS AVAILABLE. Oral arguments are recorded for the convenience of the court. Copies of a recording may be 

purchased from the administrative services offi ce of the court. Recordings are also available on the court’s website www.cafc.uscourts.

gov free of charge.

OPEN TO PUBLIC. Unless held in camera, oral arguments are open to the public. Those in attendance whose attire or behavior refl ects 

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).
Federal Rules of Appellate Procedure Federal Circuit Rules

74

Rule

/s/_____________________________________

ATTORNEY OF RECORD FOR _________________ 

(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 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 specifi c decisions).

Based on my professional judgment, I believe this 

appeal requires an answer to one or more precedentsetting questions of exceptional importance: 

(set forth each question in a separate sentence).

/s/_____________________________________

ATTORNEY OF RECORD FOR _________________

(c) Petition for Hearing or Rehearing En Banc;

Response.

(1) Certifi cate of Interest. A certifi cate of interest (see

Federal Circuit Rule 47.4) must be included in a petition 

for a hearing or rehearing en banc or a response to such 

a petition. The certifi cate must appear immediately 

following the cover.

(2) Items Excluded from Page Limitation. The following 

items do not count against the page limitation in 

Federal Rule of Appellate Procedure 35(b)(2):

(A) the certifi cate of interest;

(B) the table of contents;

(C) the table of citations; and

(D) any addendum containing statutes, rules, 

regulations, and similar matters.

(3) Rehearing En Banc: Copy of Opinion or Judgment.

A petition for a rehearing must include a copy of 

the opinion or the judgment of affi rmance without 

opinion. The copy must be bound with the petition as 

an addendum.

(4) Number of Copies. If only nonconfi dential copies 

are fi led, an original and eighteen copies of a 

petition for hearing or rehearing en banc must be 

fi led with the court. Two copies must be served on 

each party separately represented. If confi dential 

and nonconfi dential copies are fi led, an original and 

eighteen copies of the confi dential petition and original 

and three copies of the nonconfi dential petition must 

be fi led with the court. Two copies of the confi dential 

 35

(B) the proceeding involves one or more questions 

of exceptional importance, each of which must 

be concisely stated; for example, a petition may 

assert that a proceeding presents a question of 

exceptional importance if it involves an issue 

on which the panel decision confl icts with the 

authoritative decisions of other United States 

Courts of Appeals that have addressed the 

issue.

(2) Except by the court’s permission, a petition for an 

en banc hearing or rehearing must not exceed 15 

pages, excluding material not counted under Rule 

32.

(3) For purposes of the page limit in Rule 35(b)(2), if a 

party fi les both a petition for panel rehearing and a 

petition for rehearing en banc, they are considered 

a single document even if they are fi led separately, 

unless separate fi ling is required by local rule.

(c) Time for Petition for Hearing or Rehearing En Banc.

A petition that an appeal be heard initially en banc must 

be fi led by the date when the appellee’s brief is due. A 

petition for a rehearing en banc must be fi led within 

the time prescribed by Rule 40 for filing a petition for 

rehearing.

(d) Number of Copies. The number of copies to be fi led 

must be prescribed by local rule and may be altered by 

order in a particular case.

(e) Response. No response may be fi led to a petition for 

an en banc consideration unless the court orders a 

response.

(f) Call for a Vote. A vote need not be taken to determine 

whether the case will be heard or reheard en banc unless 

a judge calls for a vote.
75

Federal Rules of Appellate Procedure Federal Circuit Rules

Rule 35

petition and one copy of the nonconfidential 

petition must be served on each party separately 

represented. 

(d) Combined Petition for Panel Rehearing and Rehearing 

En Banc. If a party chooses to fi le both a petition for panel 

rehearing, see Federal Circuit Rule 40, and a petition 

for a rehearing en banc, then the two must not be fi led 

separately, they must be combined. A combined petition 

for panel rehearing and rehearing en banc must comply 

with Federal Circuit Rule 35(c). The cover of a combined 

petition must indicate that it is a combined petition.

(e) Contents of Petition for Hearing En Banc, Rehearing En 

Banc, and Combined Petition; Response.

(1) Petition for Hearing En Banc. The preferred contents 

and organization for a petition for a hearing en banc 

are:

(A) white cover or fi rst sheet with the information 

prescribed in Federal Rule of Appellate Procedure 

32(a)(2);

(B) the certificate of interest (see Federal Circuit Rule 

47.4);

(C) the table of contents;

(D) the table of authorities;

(E) the statement of counsel required in Federal 

Circuit Rule 35(b);

(F) the argument; and

(G) the proof of service (see Federal Rule of Appellate 

Procedure 25(d)).

(2) Petition for Rehearing En Banc. The preferred contents 

and organization for a petition for a rehearing en banc 

are:

(A) white cover or fi rst sheet with the information 

prescribed in Federal Rule of Appellate Procedure 

32(a)(2);

(B) the certificate of interest (see Federal Circuit Rule 

47.4);

(C) the table of contents;

(D) the table of authorities;

(E) the statement of counsel required in Federal 

Circuit Rule 35(b);

(F) the argument; 

(G) the addendum containing a copy of the court’s 

opinion or judgment of affi rmance without opinion 

sought to be reheard; and
Federal Rules of Appellate Procedure Federal Circuit Rules

76

Rule

(H) the proof of service (see Federal Rule of Appellate 

Procedure 25(d)).

(3) Combined Petition for Panel Rehearing and Rehearing 

En Banc. The preferred contents and organization for a 

combined petition for panel rehearing and a rehearing 

en banc are:

(A) white cover or fi rst sheet with the information 

prescribed in Federal Rule of Appellate Procedure 

32(a)(2);

(B) the certificate of interest (see Federal Circuit Rule 

47.4);

(C) the table of contents;

(D) the table of authorities;

(E) the statement of counsel required in Federal 

Circuit Rule 35(b);

(F) the points of law or fact overlooked or 

misapprehended by the panel of the court;

(G) the argument in support of a rehearing;

(H) the argument in support of rehearing en banc; 

(I) the addendum containing a copy of the court’s 

opinion or judgment of affi rmance without opinion 

sought to be reheard; and

(J) the proof of service (see Federal Rule of Appellate 

Procedure 25(d)).

(4) Response. If the court requests a response, which 

must not exceed 15 pages unless otherwise ordered, 

the preferred contents and organization are:

(A) white cover or fi rst sheet with the information 

prescribed in Federal Rule of Appellate Procedure 

32(a)(2);

(B) the certifi cate of interest (see Federal Circuit Rule 

47.4);

(C) the table of contents;

(D) the table of authorities;

(E) argument against a rehearing, rehearing en banc, 

or both; and

(F) the proof of service (see Federal Rule of Appellate 

Procedure 25(d)). 

(f) Additional Copies of Briefs in Cases to be Heard En Banc.

Within 7 days after the order granting a rehearing en banc, 

counsel must fi le 30 sets of the briefs that were before 

the panel that initially heard the appeal, unless the court 

directs otherwise.

 35
77

Federal Rules of Appellate Procedure Federal Circuit Rules

Rule

(g) Amicus Curiae Brief. Except by the court’s permission or 

direction, an amicus curiae brief submitted in connection 

with a petition for hearing en banc, a petition for rehearing 

en banc, or a combined petition for panel rehearing and 

rehearing en banc, must be accompanied by a motion 

for leave and must not exceed 10 pages. Except by the 

court’s permission or direction, any brief amicus curiae or 

any motion for leave to fi le a brief amicus curiae must be 

fi led within 14 days of the date of fi ling of the petition or 

response that the amicus curiae supports. If the amicus 

curiae does not support either party, then the brief or 

motion for leave to fi le the brief must be fi led within 14 

days of the date of fi ling of the petition. 

 35

Rule 36. Entry of Judgment; Notice

(a) Entry. A judgment is entered when it is noted on the 

docket. The clerk must prepare, sign, and enter the 

judgment:

(1) after receiving the court’s opinion — but if settlement of the judgment’s form is required, after fi nal 

settlement; or

(2) if a judgment is rendered without an opinion, as the 

court instructs.

(b) Notice. On the date when judgment is entered, the clerk 

must serve on all parties a copy of the opinion — or the 

judgment, if no opinion was written — and a notice of 

the date when the judgment was entered.

Practice Notes

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 active judges of the court to hear or rehear the case en banc with 

or without further briefs or argument by counsel.

REHEARING EN BANC; SENIOR JUDGES. If a senior judge participated in the original hearing and disposition of a case for which rehearing 

en banc is granted, that senior judge may participate fully in the rehearing.

COMBINED PETITION FOR PANEL REHEARING AND REHEARING EN BANC. When a combined petition for panel rehearing and petition for 

rehearing en banc is fi led, the petition for panel rehearing is decided fi rst 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 fi led when the court receives it, not on mailing. The clerk will 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 fi ling a petition for a writ of 

certiorari in the Supreme Court.

Rule 36. Entry of Judgment – Judgment of Affi rmance 

Without Opinion

The court may enter a judgment of affi rmance without opinion, 

citing this rule, when it determines that any of the following 

conditions exist and an opinion would have no precedential 

value: 

(a) the judgment, decision, or order of the trial court appealed 

from is based on fi ndings that are not clearly erroneous; 

(b) the evidence supporting the jury’s verdict is suffi cient; 

(c) the record supports summary judgment, directed verdict, 

or judgment on the pleadings; 
Federal Rules of Appellate Procedure Federal Circuit Rules

78

Rule 36

Rule 37. Interest on Judgment

(a) When the Court Affi rms. Unless the law provides otherwise, if a money judgment in a civil case is affi rmed, 

whatever interest is allowed by law is payable from the 

date when the district court’s judgment was entered.

(b) When the Court Reverses. If the court modifi es or 

reverses a judgment with a direction that a money judgment be entered in the district court, the mandate must 

contain instructions about the allowance of interest.

Rule 38. Frivolous Appeal — Damages and Costs

If a court of appeals determines that an appeal is frivolous, it may, after a separately fi led motion or notice from 

the court and reasonable opportunity to respond, award just 

damages and single or double costs to the appellee.

Rule 39. Costs

(a) Against Whom Assessed. The following rules apply 

unless the law provides or the court orders otherwise:

(1) if an appeal is dismissed, costs are taxed against the 

appellant, unless the parties agree otherwise;

Practice Note

SEPARATE JUDGMENT NOT PREPARED IN CERTAIN INSTANCES. A separate judgment is not prepared when a case is dismissed on consent 

or on motion or for failure to prosecute. The order of dismissal serves as the judgment when entered.

Practice Notes

WARNING AGAINST FILING OR PROCEEDING WITH A FRIVOLOUS APPEAL OR PETITION. The court’s early decision in Asberry v. United States, 

692 F.2d 1378 (Fed. Cir. 1982), established the policy of enforcing this rule vigorously. Since then, many precedential opinions have included 

sanctions under the rule. Damages, double costs, and attorney fees, singly or in varying combinations, have been imposed on counsel, parties, 

and pro se petitioners for pursuing frivolous appeals.

CHALLENGING A FRIVOLOUS APPEAL. If an appellee or respondent considers an appeal or petition frivolous, the appellee or respondent 

must fi le a separate motion with that allegation. The assertion that an appeal is frivolous must be accompanied by citation to the opposing 

brief or the record below with clear argument as to why those citations establish that the appeal is frivolous. A party whose case has been 

challenged as frivolous is expected to respond or to request dismissal of the case.

Rule 39. Costs 

(a) Notice of Entitlement to Costs. When the clerk provides 

notice of judgment or order disposing of an appeal, the 

clerk must advise which party or parties are entitled to 

costs. 

(d) the decision of an administrative agency warrants 

affi rmance under the standard of review in the statute 

authorizing the petition for review; or 

(e) a judgment or decision has been entered without an error 

of law.
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Rule 39

(2) if a judgment is affi rmed, costs are taxed against the 

appellant;

(3) if a judgment is reversed, costs are taxed against the 

appellee;

(4) if a judgment is affi rmed in part, reversed in part, 

modifi ed, or vacated, costs are taxed only as the 

court orders.

(b) Costs For and Against the United States. Costs for or 

against the United States, its agency, or offi cer will be 

assessed under Rule 39(a) only if authorized by law.

(c) Costs of Copies. Each court of appeals must, by local 

rule, fi x the maximum rate for taxing the cost of producing necessary copies of a brief or appendix, or copies 

of records authorized by Rule 30(f). The rate must not 

exceed that generally charged for such work in the area 

where the clerk’s offi ce is located and should encourage 

economical methods of copying.

(d) Bill of Costs: Objections; Insertion in Mandate.

(1) A party who wants costs taxed must — within 14 

days after entry of judgment — fi le with the circuit 

clerk, with proof of service, an itemized and verifi ed 

bill of costs.

(2) Objections must be fi led within 14 days after service 

of the bill of costs, unless the court extends the time.

(3) The clerk must prepare and certify an itemized 

statement of costs for insertion in the mandate, but 

issuance of the mandate must not be delayed for 

taxing costs. If the mandate issues before costs are 

fi nally determined, the district clerk must — upon 

the circuit clerk’s request — add the statement of 

costs, or any amendment of it, to the mandate.

(e) Costs on Appeal Taxable in the District Court. The 

following costs on appeal are taxable in the district court 

for the benefi t of the party entitled to costs under this 

rule:

(1) the preparation and transmission of the record;

(2) the reporter’s transcript, if needed to determine the 

appeal;

(3) premiums paid for a supersedeas bond or other 

bond to preserve rights pending appeal; and

(4) the fee for fi ling the notice of appeal.

(b) Bill of Costs; Copies; Objection. A party must serve the bill 

of costs on the form prescribed by the court and must fi le 

an original and three copies with the court. An objection to 

a bill of costs must not exceed 5 pages and must be fi led 

in an original and three copies and served on the other 

parties.
Federal Rules of Appellate Procedure Federal Circuit Rules

80

Rule

Rule 40. Petition for Panel Rehearing 

(a) Contents of Petition for Panel Rehearing. The preferred 

contents and organization for a petition for panel rehearing 

are:

(1) white cover or fi rst page with the information 

prescribed in Federal Rule of Appellate Procedure 

32(a)(2);

(2) the certificate of interest (see Federal Circuit Rule 47.4);

(3) the table of contents;

(4) the points of law or fact overlooked or misapprehended 

by the court;

(5) the argument;

(6) the addendum containing a copy of the court’s opinion 

or judgment of affi rmance without opinion sought to 

be reheard; and

(7) the proof of service (see Federal Rule of Appellate 

Procedure 25(d)).

 40

Rule 40. Petition for Panel Rehearing

(a) Time to File; Contents; Answer; Action by the Court 

if Granted.

(1) Time. Unless the time is shortened or extended by 

order or local rule, a petition for panel rehearing 

may be fi led within 14 days after entry of judgment. 

But in a civil case, if the United States or its offi cer 

or agency is a party, the time within which any 

party may seek rehearing is 45 days after entry of 

judgment, unless an order shortens or extends the 

time.

(2) Contents. The petition must state with particularity each point of law or fact that the petitioner 

believes the court has overlooked or misapprehended and must argue in support of the petition. 

Oral argument is not permitted.

(3) Answer. Unless the court requests, no answer to a 

petition for panel rehearing is permitted. But ordinarily rehearing will not be granted in the absence 

of such a request.

Practice Notes

COSTS WHEN THE UNITED STATES IS A PARTY; COSTS IN EX PARTE APPEALS FROM THE PATENT AND TRADEMARK OFFICE. 28 U.S.C. § 2412(a)

authorizes costs to be taxed against the United States; thus, costs (as defi ned in 28 U.S.C. § 1920) may be awarded both for and against the 

United States in this court. An ex parte patent appeal under 35 U.S.C. § 141 and an ex parte trademark appeal under 15 U.S.C. § 1071 are not 

within the scope of 28 U.S.C. § 2412, however, and costs in these appeals are not awarded for or against the Patent and Trademark Offi ce.

LIMIT ON PRINTING COSTS. The costs taxable under Federal Rule of Appellate Procedure 39 are limited to the costs of preparing typewritten 

briefs (even if a party elects to have a brief printed) and of copying briefs and appendices.

CURRENT RATES. The following rates are the current maximum allowable costs:

$6.00 per page for the table of page numbers of designated materials, the originals of briefs, and the table of contents for the appendix 

(whether printed, typewritten, or word processed);

$0.08 per page for copying and collating; and

$2.00 per copy for covers and binding.

ALLOWABLE COSTS. Costs may be billed for 16 copies of briefs and appendices, plus 2 copies for each additional party, plus any copies 

required or allowed, e.g., confi dential briefs or appendices. The cost of service copies of the table or physical compilation of the designated 

materials may also be billed. Any other cost billed must be separately justifi ed. The total billed for any item must be limited to the lesser 

of actual or allowable costs. Actual cost of briefs and appendices prepared in-house includes word processing, copying, and binding, at the 

amount normally billed to a client for these services. The United States may assume its actual costs are the allowable costs. The costs of 

correcting a nonconforming brief 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 appeared pro se. Do not involve the court in collection matters. 

DOCKETING FEE AND COSTS IN A CASE INVOLVING A CLAIM UNDER THE UNIFORMED SERVICES EMPLOYMENT AND REEMPLOYMENT RIGHTS 

ACT OF 1994. No costs are taxed, and the docketing fee does not have to be paid, in a petition for review of a decision of the Merits Systems 

Protection Board if the underlying appeal involved a claim under the Uniformed Services Employment and Reemployment Rights Act of 1994 

(USERRA)). 38 U.S.C. § 4323. The petitioner must complete form 6B to inform the court that the case involves a claim under USERRA.
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Federal Rules of Appellate Procedure Federal Circuit Rules

Rule 40

(4) Action by the Court. If a petition for panel rehearing is granted, the court may do any of the following:

(A) make a fi nal disposition of the case without 

reargument;

(B) restore the case to the calendar for reargument 

or resubmission; or

(C) issue any other appropriate order.

(b) Form of Petition; Length. The petition must comply in 

form with Rule 32. Copies must be served and fi led as 

Rule 31 prescribes. Unless the court permits or a local 

rule provides otherwise, a petition for panel rehearing 

must not exceed 15 pages.

(b) Addendum. A copy of the opinion or judgment of affi rmance 

without opinion sought to be reheard must be bound with 

the petition for panel rehearing as an addendum. 

(c) Items Excluded from Page Limitation; Other Material.

(1) Items Excluded. The following items do not count 

against the page limitation in Federal Rule of Appellate 

Procedure 40(b):

(A) the certifi cate of interest;

(B) the table of contents;

(C) the table of citations;

(D) the addendum containing a copy of the opinion 

or judgment of affi rmance without opinion; and

(E) any addendum containing statutes, rules, 

regulations, and similar matters. 

(2) Other Material. Material not listed in this Federal 

Circuit Rule 40 may not be included in the addendum 

or in an appendix without leave of the court. 

(d) Answer. If the court requests an answer, which must not 

exceed 15 pages unless otherwise ordered, the preferred 

contents and organization for the answer are:

(1) white cover or fi rst sheet with the information 

prescribed in Federal Rule of Appellate Procedure 

32(a)(2);

(2) the certifi cate of interest (see Federal Circuit Rule 

47.4);

(3) the table of contents;

(4) the argument; and

(5) the proof of service (see Federal Rule of Appellate 

Procedure 25(d)). 

(e) Time. Except for a civil case in which the United States or 

its offi cer or agency is a party, a petition for panel rehearing 

may be fi led within 30 days after entry of judgment. If 

the United States or its offi cer or agency is a party, a 

petition for panel rehearing may be fi led within 45 days 

after entry of judgment. The time limits set forth in this 

rule also apply to a motion for panel reconsideration of 

a dispositive panel order. 

(f) Informal Petition for Panel Rehearing; Answer.

(1) Informal Petition. A pro se party may fi le an original 

and 3 copies of an informal petition for panel rehearing 

in letter form not to exceed 15 typewritten doublespaced pages, attaching to each a copy of the opinion 

or judgment sought to be reheard.

(2) Informal Answer. If the court requests an answer to 

an informal petition for panel rehearing, or if the court 
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82

Rule 41

Rule 41. Mandate: Contents; Issuance and 

 Effective Date; Stay

(a) Contents. Unless the court directs that a formal mandate issue, the mandate consists of a certifi ed copy of 

the judgment, a copy of the court’s opinion, if any, and 

any direction about costs.

(b) When Issued. The court’s mandate must issue 7 days 

after the time to fi le a petition for rehearing expires, or 

7 days after entry of an order denying a timely petition 

for panel rehearing, petition for rehearing en banc, or 

motion for stay of mandate, whichever is later. The 

court may shorten or extend the time.

(c) Effective Date. The mandate is effective when issued.

(d) Staying the Mandate.

(1) On Petition for Rehearing or Motion. The timely 

fi ling of a petition for panel rehearing, petition for 

rehearing en banc, or motion for stay of mandate, 

stays the mandate until disposition of the petition 

or motion, unless the court orders otherwise.

Practice Notes

PETITION FOR PANEL REHEARING NOT FILED WHEN MAILED. A petition for panel rehearing, unlike a brief, is not deemed fi led when mailed; it 

must be received by the clerk within the time fi xed for fi ling. The time provided in Federal Circuit Rule 40(e) runs from the date the judgment 

is entered (see Federal Rule of Appellate Procedure 36), not from the date counsel receives the opinion or order. Therefore, Federal Rule of 

Appellate Procedure 26(c) does not apply. The clerk may return an untimely petition for panel rehearing.

ACTION BY THE COURT. When a petition for panel rehearing is fi led, the clerk will transmit copies to the panel that decided the case. The 

clerk 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 briefi ng or oral argument by the parties as the court directs.

requests a pro se party to answer a formal petition 

for panel rehearing, the answer may be informal, 

following the standards prescribed for informal briefs. 

The informal answer may not exceed 15 typewritten 

double-spaced pages, and must be fi led in an original 

and 3 copies.

(g) Amicus Curiae Brief. Except by the court’s permission or 

direction, an amicus curiae brief submitted in connection 

with a petition panel rehearing must be accompanied by 

a motion for leave to fi le and must not exceed 10 pages. 

Except by the court’s permission or direction, any brief 

amicus curiae or any motion for leave to fi le a brief amicus 

curiae must be fi led within 14 days of the date of fi ling of 

the petition or response that the amicus curiae supports. 

If the amicus curiae does not support either party, then 

the brief or motion for leave to fi le the brief must be fi led 

within 14 days of the date of fi ling of the petition. 

Rule 41. Issuance of Mandate 

An order dismissing a case on consent or for failure to 

prosecute, or dismissing, remanding, or transferring a case on 

motion, will constitute the mandate. The date of the certifi ed 

order is the date of the mandate. In an appeal dismissed or 

transferred by the court sua sponte in an opinion, the mandate 

will issue in regular course.
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Federal Rules of Appellate Procedure Federal Circuit Rules

Rule

(2) Pending Petition for Certiorari.

(A) A party may move to stay the mandate pending 

the fi ling of a petition for a writ of certiorari

in the Supreme Court. The motion must be 

served on all parties and must show that the 

certiorari petition would present a substantial 

question and that there is good cause for a stay. 

(B) The stay must not exceed 90 days, unless the 

period is extended for good cause or unless the 

party who obtained the stay fi les a petition for 

the writ and so notifi es the circuit clerk in writing within the period of the stay. In that case, 

the stay continues until the Supreme Court’s 

fi nal disposition.

(C) The court may require a bond or other security 

as a condition to granting or continuing a stay 

of the mandate.

(D) The court of appeals must issue the mandate 

immediately when a copy of a Supreme Court 

order denying the petition for writ of certiorari 

is fi led.

Rule 42. Voluntary Dismissal

(a) Dismissal in the District Court. Before an appeal has 

been docketed by the circuit clerk, the district court may 

dismiss the appeal on the fi ling of a stipulation signed 

by all parties or on the appellant’s motion with notice 

to all parties.

(b) Dismissal in the Court of Appeals. The circuit clerk 

may dismiss a docketed appeal if the parties fi le a signed 

dismissal agreement specifying how costs are to be paid 

and pay any fees that are due. But no mandate or other 

process may issue without a court order. An appeal may 

be dismissed on the appellant’s motion on terms agreed 

to by the parties or fi xed by the court.

 42

Practice Note

RELATION OF MANDATE TO APPLICATION FOR CERTIORARI; STAY. That a mandate has issued does not affect the right to apply to the Supreme 

Court for a writ of certiorari. Consequently, a motion to stay the mandate should advance reasons for the stay beyond the mere intention to 

apply for certiorari, e.g., to forestall action in the trial court or agency that would necessitate a remedial order of the Supreme Court if the 

writ of certiorari were granted.

Practice Note

REQUEST TO WITHDRAW APPEAL OR PETITION. An appellant or petitioner may request to withdraw an appeal or petition at any time before 

decision, and the request will be granted in all but the most unusual circumstances. An opposing party is ordinarily expected to consent to 

the withdrawal on terms requiring each party to bear its own costs on appeal. A stipulation of the parties that a case is withdrawn may refer 

to a settlement agreement, but the stipulation should not include the terms of the settlement.
Federal Rules of Appellate Procedure Federal Circuit Rules

84

Rule

Rule 43. Substitution of Parties

(a) Death of a Party.

(1) After Notice of Appeal Is Filed. If a party dies after 

a notice of appeal has been fi led or while a proceeding is pending in the court of appeals, the decedent’s 

personal representative may be substituted as a 

party on motion fi led with the circuit clerk by the 

representative or by any party. A party’s motion 

must be served on the representative in accordance 

with Rule 25. If the decedent has no representative, 

any party may suggest the death on the record, and 

the court of appeals may then direct appropriate 

proceedings.

(2) Before Notice of Appeal Is Filed — Potential 

 Appellant. If a party entitled to appeal dies before 

fi ling a notice of appeal, the decedent’s personal representative — or, if there is no personal representative, the decedent’s attorney of record — may fi le a 

notice of appeal within the time prescribed by these 

rules. After the notice of appeal is fi led, substitution 

must be in accordance with Rule 43(a)(1).

(3) Before Notice of Appeal Is Filed — Potential 

 Appellee. If a party against whom an appeal may be 

taken dies after entry of a judgment or order in the 

district court, but before a notice of appeal is fi led, 

an appellant may proceed as if the death had not 

occurred. After the notice of appeal is fi led, substitution must be in accordance with Rule 43(a)(1).

(b) Substitution for a Reason Other Than Death. If a party 

needs to be substituted for any reason other than death, 

the procedure prescribed in Rule 43(a) applies.

(c) Public Offi cer: Identifi cation; Substitution.

(1) Identifi cation of Party. A public offi cer who is a 

party to an appeal or other proceeding in an offi cial 

capacity may be described as a party by the public 

offi cer’s offi cial title rather than by name. But the 

court may require the public offi cer’s name to be 

added.

(2) Automatic Substitution of Offi ceholder. When a 

public offi cer who is a party to an appeal or other 

proceeding in an offi cial capacity dies, resigns, or 

otherwise ceases to hold offi ce, the action does not 

abate. The public offi cer’s successor is automatically 

substituted as a party. Proceedings following the 

substitution are to be in the name of the substituted 

party, but any misnomer that does not affect the 

substantial rights of the parties may be disregarded. 

An order of substitution may be entered at any time, 

but failure to enter an order does not affect the substitution.

 43
85

Federal Rules of Appellate Procedure Federal Circuit Rules

Rule 44

Rule 44. Case Involving a Constitutional Question 

When the United States or the Relevant State is Not 

a Party

(a) Constitutional Challenge to Federal Statute. If a party 

questions the constitutionality of an Act of Congress in 

a proceeding in which the United States or its agency, 

offi cer, or employee is not a party in an offi cial capacity, 

the questioning party must give written notice to the 

circuit clerk immediately upon the fi ling of the record or 

as soon as the question is raised in the court of appeals. 

The clerk must then certify that fact to the Attorney 

General.

(b) Constitutional Challenge to State Statute. If a party 

questions the constitutionality of a statute of a State in 

a proceeding in which that State or its agency, offi cer, 

or employee is not a party in an offi cial capacity, the 

questioning party must give written notice to the circuit 

clerk immediately upon the fi ling of the record or as 

soon as the question is raised in the court of appeals. The 

clerk must then certify that fact to the attorney general 

of the State.

Rule 45. Clerk’s Duties

(a) General Provisions.

(1) Qualifi cations. The circuit clerk must take the oath 

and post any bond required by law. Neither the clerk 

nor any deputy clerk may practice as an attorney or 

counselor in any court while in offi ce.

(2) When Court Is Open. The court of appeals is always 

open for fi ling any paper, issuing and returning 

process, making a motion, and entering an order. 

The clerk’s offi ce with the clerk or a deputy in attendance must be open during business hours on all 

days except Saturdays, Sundays, and legal holidays. 

A court may provide by local rule or by order that 

the clerk’s offi ce be open for specifi ed hours on 

Saturdays or on legal holidays other than New Year’s 

Day, Martin Luther King, Jr.’s Birthday, Washington’s 

Birthday, Memorial Day, Independence Day, Labor 

Day, Columbus Day, Veterans’ Day, Thanksgiving 

Day, and Christmas Day.

(b) Records.

(1) The Docket. The circuit clerk must maintain a 

docket and an index of all docketed cases in the 

manner prescribed by the Director of the Administrative Offi ce of the United States Courts. The clerk 

must record all papers fi led with the clerk and all 

process, orders, and judgments.

Rule 45. Clerk’s Duties 

(a) Dismissal by Clerk; Reconsideration. The clerk may 

dismiss an appeal for a failure to follow the Federal Rules 

of Appellate Procedure or these Federal Circuit Rules. A 

party may move that the court reconsider such dismissal. 

A motion for reconsideration must:

(1) be fi led within 14 days after issuance of the order of 

dismissal;

(2) be in the form prescribed by Federal Rule of Appellate 

Procedure 27 and Federal Circuit Rule 27; and

(3) not exceed 5 pages. 

(b) Informal Motion for Reconsideration. A pro se party 

may fi le an original and 3 copies of an informal motion, 

which may be in the form of a letter, for reconsideration 

of the dismissal. The informal motion must not exceed 5 

typewritten double-spaced pages. A copy of the dismissal 

order must be attached to the original and each copy of 

the informal motion. 

(c) Authority to Enter Orders. The clerk 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.
Federal Rules of Appellate Procedure Federal Circuit Rules

86

Rule

(2) Calendar. Under the court’s direction, the clerk 

must prepare a calendar of cases awaiting argument. 

In placing cases on the calendar for argument, the 

clerk must give preference to appeals in criminal 

cases and to other proceedings and appeals entitled 

to preference by law.

(3) Other Records. The clerk must keep other books 

and records required by the Director of the Administrative Offi ce of the United States Courts, with the 

approval of the Judicial Conference of the United 

States, or by the court.

(c) Notice of an Order or Judgment. Upon the entry of an 

order or judgment, the circuit clerk must immediately 

serve a notice of entry on each party, with a copy of 

any opinion, and must note the date of service on the 

docket. Service on a party represented by counsel must 

be made on counsel.

(d) Custody of Records and Papers. The circuit clerk has 

custody of the court’s records and papers. Unless the 

court orders or instructs otherwise, the clerk must not 

permit an original record or paper to be taken from 

the clerk’s offi ce. Upon disposition of the case, original 

papers constituting the record on appeal or review must 

be returned to the court or agency from which they were 

received. The clerk must preserve a copy of any brief, 

appendix, or other paper that has been fi led.

Rule 46. Attorneys

(a) Admission to the Bar.

(1) Eligibility. An attorney is eligible for admission 

to the bar of a court of appeals if that attorney is 

of good moral and professional character and is 

admitted to practice before the Supreme Court 

of the United States, the highest court of a state, 

another United States court of appeals, or a United 

States district court (including the district courts 

for Guam, the Northern Mariana Islands, and the 

Virgin Islands).

(2) Application. An applicant must fi le an application 

for admission, on a form approved by the court that 

contains the applicant’s personal statement showing eligibility for membership. The applicant must 

subscribe to the following oath or affi rmation:

“I, _____, do solemnly swear [or 

affi rm] that I will conduct myself as an 

attorney and counselor of this court, 

uprightly and according to law; and that 

I will support the Constitution of the 

United States.”

Rule 46. Attorneys 

(a) Eligibility. An attorney is eligible for admission to the bar of 

this court if that attorney is of good moral and professional 

character and is admitted to practice before and of good 

standing in:

(1) any of the courts listed in Federal Rule of Appellate 

Procedure 46(a);

(2) the United States Court of International Trade;

(3) the United States Court of Federal Claims;

(4) the United States Court of Appeals for Veterans Claims; 

or

(5) the District of Columbia Court of Appeals. 

(b) Procedure for Admission.

(1) Motion in Open Court. An attorney may be admitted to 

the bar in open court by appearing personally with a 

sponsor who is a member of the bar of this court and 

who states the applicant’s qualifi cations 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 

 45
87

Federal Rules of Appellate Procedure Federal Circuit Rules

Rule 47

a member of the bar of the court who states the 

applicant’s qualifi cations.

(3) Written Motion by Attorney. An attorney may be 

admitted on that attorney’s own motion, accompanied 

by a certifi cate of good standing from a court listed in 

Federal Rule of Appellate Procedure 46(a) or Federal 

Circuit Rule 46(a). The certifi cate must be dated within 

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 will furnish the form.

(4) Oath. Each attorney admitted to the bar of this court 

must take an oath prescribed by the court. 

(c) Admission Fee. The fee for admission to the bar of the court 

is $50, in addition to the Judicial Conference fee of $150, 

payable to the clerk, for which the applicant will receive 

a certifi cate of admission. For a duplicate certifi cate, the 

fee is $10, in addition to the Judicial Conference fee of 

$15.

(d) Government Attorney. An attorney for any federal, state, 

or local government offi ce or agency may appear before 

this court in connection with that attorney’s offi cial duties 

without formal admission to the bar of the court. 

(e) Change of Name, Address, or Telephone Number. An 

attorney admitted to the bar of this court must promptly 

notify the clerk of a change of name, address, or telephone 

number. 

(f) Disciplinary Action. Disciplinary action against an attorney 

will be conducted in accordance with the Federal Circuit 

Attorney Discipline Rules.

(3) Admission Procedures. On written or oral motion 

of a member of the court’s bar, the court will act on 

the application. An applicant may be admitted by 

oral motion in open court. But, unless the court 

orders otherwise, an applicant need not appear 

before the court to be admitted. Upon admission, 

an applicant must pay the clerk the fee prescribed 

by local rule or court order.

(b) Suspension or Disbarment.

(1) Standard. A member of the court’s bar is subject 

to suspension or disbarment by the court if the 

member:

(A) has been suspended or disbarred from practice 

in any other court; or

(B) is guilty of conduct unbecoming a member of 

the court’s bar.

(2) Procedure. The member must be given an opportunity to show good cause, within the time prescribed 

by the court, why the member should not be suspended or disbarred.

(3) Order. The court must enter an appropriate order 

after the member responds and a hearing is held, if 

requested, or after the time prescribed for a response 

expires, if no response is made.

(c) Discipline. A court of appeals may discipline an attorney who practices before it for conduct unbecoming 

a member of the bar or for failure to comply with any 

court rule. First, however, the court must afford the 

attorney reasonable notice, an opportunity to show 

cause to the contrary, and, if requested, a hearing.

Rule 47. Local Rules by Courts of Appeals

(a) Local Rules.

(1) Each court of appeals acting by a majority of its 

judges in regular active service may, after giving 

appropriate public notice and opportunity for comment, make and amend rules governing its practice. 

A generally applicable direction to parties or lawyers 

regarding practice before a court must be in a local 

rule rather than an internal operating procedure 

or standing order. A local rule must be consistent 

with — but not duplicative of — Acts of Congress 

and rules adopted under 28 U.S.C. § 2072 and 

must conform to any uniform numbering system 

prescribed by the Judicial Conference of the United 

States. Each circuit clerk must send the Administra-
Federal Rules of Appellate Procedure Federal Circuit Rules

88

Rule

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.

Rule 47.2. Panels 

(a) Panels. Cases and controversies will be heard and 

determined by a panel consisting of an odd number of at 

least three judges, two of whom may be senior judges of 

the court. 

(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 fi elds of law within the jurisdiction of 

the court.

Rule 47.3. Appearance 

(a) Party and Amicus Curiae Must Be Represented; Pro 

Se Party; Attorney of Record; Of Counsel. An individual 

(not a corporation, partnership, organization, or other 

legal entity) may choose to be represented by counsel 

or to represent himself or herself pro se, but may not be 

represented by a nonattorney. An individual represented by 

counsel, each other party in an action, each party seeking 

to intervene, and each amicus curiae must appear through 

an attorney authorized to practice before this court and 

must designate one attorney as the principal attorney of 

record. Any other attorney assisting the attorney of record 

must be designated as “of counsel.” Every attorney named 

on a brief must enter an appearance, except that the fi ling 

of an entry of appearance does not apply to government 

offi cials who, by reason of their status as supervisors or 

heads of offi ces, are listed on briefs in their ex offi cio 

capacity. Documents that are sent by the court will be 

sent only to the principal attorney of record. 

(b) Petition for Writ of Mandamus or Prohibition. The attorney 

whose name, address, and telephone number appears fi rst 

on a petition for a writ of mandamus or a writ of prohibition 

will be deemed attorney of record. 

(c) Appearance; Contents; Service of Papers Before 

Appearance; Withdrawal of Counsel.

(1) Appearance. Each attorney who intends to participate 

in an appeal must fi le, within 14 days of docketing, an 

entry of appearance on the form provided by the clerk. 

A pro se party must also fi le an entry of appearance 

unless all the necessary information appears on the 

petition for review or notice of appeal. Any attorney 

retained for the case later must fi le an entry of 

appearance within 14 days after being retained. An 

 47

tive Offi ce of the United States Courts a copy of each 

local rule and internal operating procedure when it 

is promulgated or amended.

(2) A local rule imposing a requirement of form must 

not be enforced in a manner that causes a party to 

lose rights because of a nonwillful failure to comply 

with the requirement.

(b) Procedure When There Is No Controlling Law. A court 

of appeals may regulate practice in a particular case in 

any manner consistent with federal law, these rules, 

and local rules of the circuit. No sanction or other 

disadvantage may be imposed for noncompliance with 

any requirement not in federal law, federal rules, or the 

local circuit rules unless the alleged violator has been 

furnished in the particular case with actual notice of the 

requirement.
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Federal Rules of Appellate Procedure Federal Circuit Rules

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attorney representing a party seeking or permitted 

to intervene, and for each amicus curiae, must fi le 

an entry of appearance with the motion for leave to 

intervene (if required) or with the brief amicus curiae. 

If an attorney’s entry of appearance is fi rst submitted 

within 30 days of the scheduled argument, then the 

attorney must fi le a motion for leave to fi le the entry of 

appearance. The motion for leave will be transmitted 

to the merits panel assigned to the case. 

(2) Contents. The appearance must include the name of 

the party or parties represented and the name, address, 

and telephone number of the attorney or the pro se 

party. An attorney’s appearance must show the name 

of the law fi rm or public or quasi-public legal offi ce 

with which the attorney is associated. A new entry 

of appearance must be fi led and served any time the 

information on record changes.

(3) Certifi cate of Interest. A certifi cate of interest must 

be fi led with the fi rst-fi led entry of appearance. See

Federal Circuit Rule 47.4. Both documents are due 

within 14 days of the date of docketing of the appeal 

or petition.

(4) Service of Papers Before Appearance. Until an 

attorney fi les a written entry of appearance, service 

of all papers must be made on the attorney of record 

in the proceeding below at the last known address. 

In a pro se case, unless an attorney fi les an entry of 

appearance, service of all papers must be made on 

the pro se party at the last known address.

(5) Withdrawal of Counsel. An attorney other than a 

government attorney who has been properly replaced, 

may not withdraw from representing a party without 

notice to the party, fi ling a motion with the court, and 

obtaining the court’s consent. 

(d) Signature. At least one copy of each brief, petition, 

motion, application, notice, or other paper presented for 

fi ling must contain the signature of the pro se party or 

the attorney who has entered an appearance. When no 

attorney appearing for a party is available to sign, any 

person having actual authority may sign on behalf of the 

attorney of record, attaching an affi davit of authority or an 

 47.3

Practice Notes

FORM FOR ENTRY OF APPEARANCE. See Form 8, for a form for entry of appearance.

FILINGS REQUIRING SIGNATURE AND APPEARANCE. After docketing, the clerk will accept no fi ling required to be signed unless it is signed 

by a pro se party or an attorney – who is a member of the bar, if required under Federal Circuit Rule 46 – and unless the pro se party or 

attorney has entered an appearance in the case.

NEW COUNSEL ON APPEAL. New counsel on appeal should provide a copy of the entry of appearance form fi led in this court to the lower 

court or agency to expedite service of the certifi ed list and other communications.
Federal Rules of Appellate Procedure Federal Circuit Rules

90

Rule

unsworn declaration of authority under penalty of perjury 

pursuant to 28 U.S.C. § 1746.

Rule 47.4. Certifi cate of Interest 

(a) Purpose; Contents. To determine whether recusal by a 

judge is necessary or appropriate, an attorney – except an 

attorney for the United States – for each party, including 

a party seeking or permitted to intervene, and for each 

amicus curiae, must fi le a certifi cate of interest. The 

certifi cate of interest must be fi led within 14 days of the 

date of docketing of the appeal or petition, except that for an 

intervenor or amicus curiae, the certifi cate of interest must 

be fi led with the motion and with the brief. A certifi cate 

of interest must be in the form set forth in the appendix 

to these rules, and must contain the information below 

in the order listed. Negative responses, if applicable, are 

required as to each item on the form. 

(1) The full name of every party or amicus represented 

in the case by the attorney.

(2) The name of the real party in interest if the party named 

in the caption is not the real party in interest.

(3) The corporate disclosure statement prescribed in 

Federal Rule of Appellate Procedure 26.1.

(4) The names of all law fi rms and the partners and 

associates that have appeared for the party in the 

lower tribunal or are expected to appear for the party 

in this court. 

(b) Filing. The certifi cate must be fi led with the entry of 

appearance. The certifi cate – fi rst fi led – must also be 

fi led with each motion, petition, or response thereto, and 

in each principal brief and brief amicus curiae. 

(c) Changes. If any of the information required in Federal 

Circuit Rule 47.4(a) changes after the certifi cate is fi led 

and before the mandate has issued, the party must fi le 

an amended certifi cate within 7 days of the change. 

Rule 47.5. Statement of Related Cases 

Each principal brief must contain a statement of related cases 

indicating: 

(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:

(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; and

 47.4
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(b) the title and number of any case known to counsel to be 

pending in this or any other court that will directly affect or 

be directly affected by this court’s decision in the pending 

appeal. If there are many related cases, they may be 

described generally, but the title and case number must 

be given for any case known to be pending in the Supreme 

Court, this court, or any other circuit court of appeals.

Rule 47.6. [Reserved]

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 fi led within 

the time prescribed by the statute authorizing the 

award. If the statute does not prescribe a time, the 

application must be made within 30 days after entry of 

the judgment or order denying rehearing, whichever is 

later. However, if a petition for writ of certiorari is fi led, 

the application will not be due until 30 days after all 

proceedings in the Supreme Court are concluded.

(3) Response. No response may be fi led 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 

fi le 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. Any objection 

must be fi led within the time prescribed in Federal 

Rule of Appellate Procedure 39. 

(b) Content 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 Form 

20.

(2) Other Applications. Each other application 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, 

 47.5
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Rule

each application must contain a statement, under oath, 

specifying:

(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.

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.

Rule 47.9. Petition for Judicial Review Under

5 U.S.C. § 7703(d) 

(a) Time for Filing. A petition for review of a fi nal order or 

decision of the Merit Systems Protection Board or of an 

arbitrator pursuant to 5 U.S.C. § 7703(d) must be fi led by 

the Director of the Offi ce of Personnel Management within 

60 days after the date the Director received notice of the 

fi nal order or decision of the Board or arbitrator.

(b) Contents. The Director’s petition must contain:

(1) a statement of jurisdiction (see 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, Answer and Reply; Separate Brief.

A petition or answer must not exceed 20 pages. A reply 

must not exceed 10 pages. A separate brief supporting a 

petition, answer, or reply is not permitted. 

(d) Service and Filing; Number of Copies. The Director must 

fi le with the clerk an original and 3 copies of the petition 

with proof of service and must serve a copy of the petition 

on the named respondents, all other parties before the 

 47.7
93

Federal Rules of Appellate Procedure Federal Circuit Rules

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Board or arbitrator, and the Board or arbitrator. 

(e) Notice of Docketing. On receipt, the clerk will enter the 

petition on the miscellaneous docket 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 Other Than the Named Respondent. The 

Board or arbitrator and any other party to the proceeding 

desiring to participate in the proceeding in this court must 

enter an appearance. Anyone entering an appearance will 

be deemed a respondent. 

(g) Answer; Appendix; Reply. Within 21 days after service of 

a petition, any respondent may fi le an answer. The answer 

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 

affi davits not part of the record on review that are relevant 

to the determination that the decision will have substantial 

impact. Within 14 days after service of an answer, the 

Director may fi le 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 must enter the petition for review on the 

general docket. The petition for review will then proceed 

as if fi led under Federal Rule of Appellate Procedure 15.

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 

without prejudice to the appellant reinstating the appeal within 

30 days after the stay is lifted or the bankruptcy proceeding ends.

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 disqualifi ed 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. The clerk will advise the 

 47.9
Federal Rules of Appellate Procedure Federal Circuit Rules

94

Rule

parties of the designation, but no further argument will be had 

or briefs received unless ordered by the court.

Rule 47.12. Action for Judicial Review Under

38 U.S.C. § 502

(a) Time for Filing. An action for judicial review under 38 

U.S.C. § 502 of a rule and regulation of the Department 

of Veterans Affairs must be fi led with the clerk within 60 

days after issuance of the rule or regulation or denial of a 

request for amendment or waiver of the rule or regulation. 

(b) Parties. Only a person or persons adversely affected by 

the rule or regulation or the rulemaking process may bring 

an action for judicial review. The Secretary of Veterans 

Affairs must be named the respondent. 

(c) Contents. The action for judicial review must describe how 

the person or persons bringing the action are adversely 

affected and must specifi cally identify either:

(1) the rule, regulation, opinion, or order of the Department 

of Veterans Affairs separately stated and published in 

the Federal Register pursuant to 5 U.S.C. § 552(a)(1)

on which judicial review is sought; or

(2) the notice-and-comment rulemaking process by the 

Department of Veterans Affairs pursuant to 5 U.S.C. § 

553 on which judicial review is sought. 

(d) Procedure. Except as provided in this rule, the procedures 

applicable to an action 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.

48

Rule 48. Masters

(a) Appointment; Powers. A court of appeals may appoint 

a special master to hold hearings, if necessary, and to 

recommend factual fi ndings and disposition in matters ancillary to proceedings in the court. Unless the 

order referring a matter to a master specifi es or limits 

the master’s powers, those powers include, but are not 

limited to, the following:

(1) regulating all aspects of a hearing;

(2) taking all appropriate action for the effi cient performance of the master’s duties under the order;

(3) requiring the production of evidence on all matters 

embraced in the reference; and

(4) administering oaths and examining witnesses and 

parties.

(b) Compensation. If the master is not a judge or court 

employee, the court must determine the master’s compensation and whether the cost is to be charged to any 

party.
95

Federal Rules of Appellate Procedure Federal Circuit Rules

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Rule 49. Seal of the Court 

The clerk is the keeper of the seal, which is the means of 

authentication of all records and certifi cates issued from 

this court.

Rule 50. Employee and Former Employee 

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. 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.

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 will provide copies of these procedures 

on request.

Rule 52. Fees 

(a) Judicial Conference Schedule of Fees.

(1) General. The fees charged by the clerk must be the 

fees prescribed by the Judicial Conference of the 

United States pursuant to 28 U.S.C. § 1913 or by this 

rule. No fees are to be charged for services rendered 

on behalf of the United States, with the exception of 

those specifi cally prescribed in subsections (3)(B), (D) 

and (E) of this rule. No fees under this schedule shall 

be charged to federal agencies or programs which are 

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.

 49

Practice Note

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.
Federal Rules of Appellate Procedure Federal Circuit Rules

96

Rule

(2) Docketing Fee. The docketing fee will be paid to the 

trial court clerk on fi ling a notice of appeal in that court. 

The docketing fee will be paid to this court’s clerk on 

fi ling any other proceeding, including an appeal or 

petition for review from the Patent and Trademark 

Offi ce or the Merit Systems Protection Board, or any 

other agency, and including an extraordinary writ.

(3) Judicial Conference Schedule of Fees.

(A) For docketing a case on appeal or review, or 

docketing any other proceeding, $450. A separate 

fee shall be paid by each party fi ling a notice of 

appeal in the district court, but parties fi ling a joint 

notice of appeal in the district court are required 

to pay only one fee. A docketing fee shall not be 

charged for the docketing of an application for 

the allowance of an interlocutory appeal under 

28 U.S.C. § 1292(b), unless the appeal is allowed. 

(B) For every search of the records of the court and 

certifying the results thereof, $26. This fee shall 

apply to services rendered on behalf of the United 

States if the information requested is available 

through electronic access. 

(C) For certifying any document or paper, whether the 

certifi cation is made directly on the document, or 

by separate instrument, $9. 

(D) For reproducing any record or paper, 50 cents 

per page. This fee shall apply to paper copies 

made from either: (1) original documents; or 

(2) microfi che or microfi lm reproductions of the 

original records. This fee shall apply to services 

rendered on behalf of the United States if the 

record or paper requested is available through 

electronic access. 

(E) For reproduction of recordings of proceedings, 

regardless of the medium, $26, including the 

cost of materials. This fee shall apply to services rendered on behalf of the United States 

if the reproduction of the recording is available 

electronically. 

(F) For reproduction of the record in any appeal in 

which the requirement of an appendix is dispensed with by any court of appeals pursuant to 

Rule 30(f), FRAP, a fl at fee of $71. 

(G) For each microfi che or microfi lm copy of any court 

record, where available, $5. 

(H) For retrieval of a record from a Federal Records 

Center, National Archives, or other storage location removed from the place of business of the 

court, $45.

 52
97

Federal Rules of Appellate Procedure Federal Circuit Rules

Rule

(I) For a check paid into the court which is returned 

for lack of funds, $45.

(J) The court may charge and collect a fee of $200 

per remote location for counsel’s requested use 

of videoconferencing equipment in connection 

with each oral argument.

(K) For original admission of attorneys to practice, 

$150 each, including a certifi cate of admission. 

For a duplicate certifi cate of admission or 

certifi cate of good standing, $15. Federal Circuit 

Rule 46 requires an additional local fee of $50 for 

admission and $10 for a duplicate certifi cate.

(4) Electronic Public Access Fee Schedule. The fees 

for electronic public access are set forth in the note 

following 28 U.S.C. § 1913.

(b) Copies of Opinions. For each copy of an opinion (including 

any separate or dissenting opinions), the fee is $2. No 

charge may be assessed for the following:

(1) a copy of the opinion furnished to each party of record 

in the case; and

(2) copies of opinions furnished persons and organizations 

whose names are on a public interest list established 

by order of the court. 

(c) Fees To Be Paid in Advance. The clerk is not required to 

docket any proceeding or perform any other service until 

all fees due the clerk are paid unless a party has been 

granted leave to proceed in forma pauperis. 

(d) Dismissal of Appeal or Petition 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 14 days after docketing. If the clerk 

does not receive the docketing fee, a completed motion for 

leave to proceed in forma pauperis, or a completed Form 

6B within 14 days of the date of docketing of the appeal 

or petition, the clerk is authorized to dismiss the appeal 

or petition. 

(e) Checks. Checks in payment of all fees must be made 

payable to the Clerk of Court, United States Court of Appeals 

for the Federal Circuit.

 52
Federal Rules of Appellate Procedure Federal Circuit Rules

98

Rule 53

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.

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:

(1) the judges of the courts;

(2) their court staff;

(3) members of the bars of either court;

(4) pro se litigants with pending cases in either court;

(5) attorneys employed by the United States; and

(6) employees of the Administrative Offi ce of the United 

States Courts and the Federal Judicial Center. 

(c) Suspension; Closing. The librarian may suspend an 

authorized user for cause and may, when warranted, close 

the library to all except judges and the court staff. 

(d) Books: Check Out and Removal. Only judges and the 

court staff may check out books from the library. Library 

books must not be removed from the premises of the 

Howard T. Markey National Courts Building without express 

permission from the librarian. 

Practice Notes

NO REFUND OF FEES. Fees are deposited with the Treasury Department on receipt. The clerk cannot refund any fee once it is deposited.

CHECKS AND DRAFTS. Checks and drafts are accepted subject to collection, and full credit will be given only when the check or draft is 

accepted by the fi nancial institution on which it is drawn.

DOCKETING FEE AND COSTS IN A CASE INVOLVING A CLAIM UNDER THE UNIFORMED SERVICES EMPLOYMENT AND REEMPLOYMENT RIGHTS 

ACT OF 1994. The docketing fee does not have to be paid, and no costs are taxed, in a petition for review of a decision of the Merits Systems 

Protection Board if the underlying appeal involved a claim under the Uniformed Services Employment and Reemployment Rights Act of 1994 

(USERRA)). 38 U.S.C. § 4323. The petitioner must complete Form 6B to inform the court that the case involves a claim under USERRA.
FEDERAL

CIRCUIT

ATTORNEY

DISCIPLINE

RULES
FEDERAL CIRCUIT ATTORNEY DISCIPLINE RULES

173

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 confi dential unless otherwise ordered. At the conclusion of a proceeding in which discipline is 

imposed, the fi nal order and the record will be made a public record. A fi nal 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. Defi nitions 

 (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 defi ned 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 defi nition 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 fi le 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. 

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 defi nite

 period, monetary sanction, public reprimand, private reprimand, or any other disciplinary action that the court deems

 appropriate. 
FEDERAL CIRCUIT ATTORNEY DISCIPLINE RULES

174

 (b) Disbarment. Disbarment is the presumed discipline for conviction of a serious crime. 

 (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 shall maintain a miscellaneous attorney disciplinary matter docket and shall 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 shall 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 shall consist of three judges, at least two of whom shall be active judges, appointed by the Chief 

Judge. The Chief Judge may serve as a member of the Standing Panel. The initial appointments shall be for one, 

two, and three year terms, so that the members’ terms are staggered. Thereafter, a member shall be appointed for a 

three-year term. A member who has served on the Standing Panel for three years shall not be eligible for appointment 

to another term until three years after termination of his or her last appointment.

 (3) The chairperson of the Standing Panel shall be the senior active judge.

 (4) If a member of the Standing Panel is unable or unavailable to hear a particular matter, the Chief Judge shall 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 shall 

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 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 specifi c discipline should not be imposed or (2) why a discipline to be determined later should not be

 imposed. Unless otherwise ordered, a response shall be due within 30 days. Any request for a hearing shall be included

 in a response. 
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FEDERAL CIRCUIT ATTORNEY DISCIPLINE RULES

 (c) Uncontested Matter. If an attorney does not respond to a show cause order or does not object to the imposition of a

 specifi ed discipline, the Clerk may then issue a fi nal order imposing such discipline. 

 (d) Contested Matter. If an attorney contests the imposition of discipline or requests a hearing, further proceedings shall

 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. 

 (f) Final Order. At the conclusion of a proceeding, a panel shall issue a fi nal order in the matter. The order may direct the 

attorney or the Clerk to send a copy of the order to all other courts and agencies before which an attorney is admitted. 

The Clerk 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 Active Judges of the Court. An attorney may fi le a petition for rehearing by the panel or a 

combined petition for rehearing by the panel and suggestion for rehearing by the active judges of the court, or a majority 

of the active judges 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 shall be fi led within 

30 days of the date of the panel’s fi nal 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 shall notify the Clerk in writing within 

14 days of 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 shall follow the procedures set forth in 

Rule 7.

 (b) Notifi cation 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 shall 

follow the procedures set forth in Rule 7. 

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

 (a) Show Cause Order. On notifi cation of an attorney’s disbarment or suspension by another court or agency, the Clerk 

shall issue a show cause order why the court should not impose the identical discipline. On notifi cation 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 shall issue a show cause order why disbarment should not be imposed. 

 (b) Response. Unless otherwise ordered, a response to a show cause order shall be due within 30 days. The response 

should be in an envelope marked “Direct to Chief Deputy Clerk” and should indicate the docket number of the matter. 

Any request for a hearing shall 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 identifi cation 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 may then issue a fi nal order imposing such reciprocal discipline. 
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FEDERAL CIRCUIT ATTORNEY DISCIPLINE RULES

 (d) Contested Matter. If an attorney contests the imposition of reciprocal discipline, further proceedings shall be conducted

 in accordance with Rule 8. 

 (e) Final Order and Further Review. At the conclusion of a proceeding, the Standing Panel shall issue a fi nal 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 

shall 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 shall be 

given notice that he or she may inspect and copy the record at his or her expense and may fi le a supplemental response. 

Information will be withheld from an attorney only in extraordinary circumstances, e.g., for national security or criminal 

investigation reasons. Any supplemental response shall be due within 14 days of the date of the notice concerning 

inspection and copying.

 (b) Request for Hearing. On request by an attorney, the panel shall 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 shall 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 shall be given at least 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 shall 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 shall 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 shall be recorded on tape unless an attorney arranges to have a reporting service present at his or her own

 expense. 

 (c) Reciprocal Disciplinary Matter. Notifi cation that an attorney has been disbarred or suspended by another court or agency 

shall establish that the conduct in fact occurred and that the discipline was appropriate unless an attorney shows that: 

 (1) the procedure was so lacking in notice or opportunity to be heard that it constituted a deprivation of due process;

 or 

 (2) there was such an infi rmity of proof establishing the misconduct that it gave rise to the clear conviction that this

 court could not, consistent with its duty, accept as fi nal 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. Notifi cation of a conviction of a serious crime shall be conclusive evidence of the

 commission of that crime for purposes of these disciplinary proceedings. If an attorney notifi es the court that a conviction

 has been vacated or reversed, the Standing Panel shall promptly review the matter. 
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FEDERAL CIRCUIT ATTORNEY DISCIPLINE RULES

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 shall be eligible for reinstatement when the original discipline is lifted or expires. An attorney must submit 

an affi davit notifying this court of the action of the court that imposed the original discipline. The Clerk shall refer an 

attorney’s notifi cation affi davit to the Standing Panel. Unless otherwise ordered, the Clerk shall issue an order reinstating 

the attorney within 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 fi ve 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 fi le an affi davit of compliance with the suspension order after the suspension period has expired. The Clerk

 shall issue an order reinstating the attorney within 14 days. 

 (2) An attorney who has been suspended conditioned on applying for reinstatement as a result of misconduct before

 this court may fi le an application after the suspension period expires. 

 (d) Application for Reinstatement. The Clerk shall refer an application for reinstatement to the Standing Panel. Any request

 for a hearing shall 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 satisfi ed initially that reinstatement is appropriate and a hearing is requested, the

 Standing Panel shall schedule a hearing. The Standing Panel shall decide whether a hearing shall be oral or

 evidentiary. At a hearing the applicant has the burden of showing that he or she has the moral qualifi cations,

 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 shall issue a fi nal order. Further review shall be in accordance

 with Rule 5(g). 

 (e) Successive Application. A successive application for reinstatement may not be fi led until one year has elapsed after an

 adverse decision on an earlier application. 

Rule 10. Access to Information 

 (a) Confi dentiality during Proceedings. An ongoing disciplinary proceeding shall be confi dential (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. 

 (b) Confi dentiality upon Issuance of a Final Order. A fi nal order issuing a private reprimand or imposing no discipline and

 the record of those proceedings shall be confi dential unless the attorney subject to the proceeding requests that it be

 made a public record. If other discipline is imposed, a fi nal order and the record shall be made a public record at the time

 of issuance of a fi nal 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.
FEDERAL CIRCUIT ATTORNEY DISCIPLINE RULES

178

Rule 11. Effective Date 

These rules shall become effective June 1, 2010.