UNITED STATES COURT OF APPEALS 

FOR THE FEDERAL CIRCUIT

RULES OF PRACTICE

Federal Rules of Appellate Procedure

Federal Circuit Rules

Practice Notes

Federal Circuit Attorney Discipline Rules

Federal Circuit Forms

December 1, 2018

Washington, DC

www.cafc.uscourts.gov
Incorporating amendments to the Federal Rules of Appellate Procedure Appellate 

Rules 8, 11, 25, 26, 28.1, 29, 31, 39, and 41 and Federal Circuit Rules 25, 28, 29, 30, 

31, 32, and 44.
Federal Circuit Rules of Practice (December 1, 2018) Page i

UNITED STATES COURT OF APPEALS

FOR THE FEDERAL CIRCUIT

Circuit Justice

The Chief Justice

Chief Judge

Hon. Sharon Prost

Circuit and Senior Circuit Judges

Hon. Pauline Newman

Hon. Haldane Robert Mayer

Hon. S. Jay Plager

Hon. Alan D. Lourie

Hon. Raymond C. Clevenger, III

Hon. Alvin A. Schall

Hon. William C. Bryson

Hon. Richard Linn

Hon. Timothy B. Dyk

Hon. Kimberly A. Moore

Hon. Kathleen M. O’Malley

Hon. Jimmie V. Reyna

Hon. Evan J. Wallach

Hon. Richard G. Taranto

Hon. Raymond T. Chen

Hon. Todd M. Hughes

Hon. Kara F. Stoll
Federal Circuit Rules of Practice (December 1, 2018) Page ii

Circuit Executive and Clerk of Court

Peter R. Marksteiner

Officers of the Court and Senior Staff

J. Douglas Steere

General Counsel and Senior Staff 

Attorney

Jarrett B. Perlow

Chief Deputy Clerk

Marilyn Wennes

Senior Technical Assistant

Dale Bosley

Operations and Administrative Services

John D. Moore

Circuit Librarian

Riley Toussaint

Acting Director of Information 

Technology

Advisory Council Members

Carter G. Phillips, Chair

Hon. Leonard Davis (Retired)

Tara D. Elliott

David Folsom

Michael R. Franzinger

Martin F. Hockey, Jr.

Hon. James F. Holderman 

(Retired)

Matthias Kamber

Deanna Tanner Okun

Kevin Parton

Adam R. Shartzer

Robert L. Stoll

David O. Taylor

ex officio

Peter R. Marksteiner

J. Douglas Steere

James E. Brookshire

Robert K. Huffman

George F. Hutchinson

Scott M. McCaleb

Deborah Miron

Michael J. Schaengold
Federal Circuit Rules of Practice (December 1, 2018) Page iii

Table of Contents

(click to move to the section)

Table of Contents..........................................................................................................iii

Foreword ......................................................................................................................vii

Title I – Applicability of Rules ...................................................................................... 1

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

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

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

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

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

Federal Circuit Rule 3 ........................................................................................ 6

Federal Rule of Appellate Procedure 4 .............................................................. 8

Federal Circuit Rule 4 ...................................................................................... 13

Federal Rule of Appellate Procedure 5 ............................................................ 15

Federal Circuit Rule 5 ...................................................................................... 17

Federal Rule of Appellate Procedure 6 ............................................................ 18

Federal Rule of Appellate Procedure 7 ............................................................ 18

Federal Rule of Appellate Procedure 8 ............................................................ 18

Federal Circuit Rule 8 ...................................................................................... 20

Federal Rule of Appellate Procedure 9 ............................................................ 22

Federal Rule of Appellate Procedure 10 .......................................................... 23

Federal Circuit Rule 10 .................................................................................... 26

Federal Rule of Appellate Procedure 11 .......................................................... 27

Federal Circuit Rule 11 .................................................................................... 30

Federal Rule of Appellate Procedure 12 .......................................................... 32

Federal Circuit Rule 12 .................................................................................... 33

Federal Rule of Appellate Procedure 12.1 ....................................................... 34

Title III – Appeals from the United States Tax Court............................................... 35

Federal Rule of Appellate Procedure 13 .......................................................... 35

Federal Rule of Appellate Procedure 14 .......................................................... 35
Federal Circuit Rules of Practice (December 1, 2018) Page iv

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

Commission, or Officer ................................................................................................ 36

Federal Rule of Appellate Procedure 15 .......................................................... 36

Federal Circuit Rule 15 .................................................................................... 38

Federal Rules of Appellate Procedure 15.1...................................................... 44

Federal Rule of Appellate Procedure 16 .......................................................... 45

Federal Rule of Appellate Procedure 17 .......................................................... 46

Federal Circuit Rule 17 .................................................................................... 47

Federal Rule of Appellate Procedure 18 .......................................................... 50

Federal Circuit Rule 18 .................................................................................... 51

Federal Rule of Appellate Procedure 19 .......................................................... 53

Federal Rule of Appellate Procedure 20 .......................................................... 54

Federal Circuit Rule 20 .................................................................................... 54

Title V – Extraordinary Writs..................................................................................... 55

Federal Rule of Appellate Procedure 21 .......................................................... 55

Federal Circuit Rule 21 .................................................................................... 57

Title VI – Habeas Corpus; Proceedings In Forma Pauperis ...................................... 59

Federal Rule of Appellate Procedure 22 .......................................................... 59

Federal Rule of Appellate Procedure 23 .......................................................... 59

Federal Rule of Appellate Procedure 24 .......................................................... 59

Federal Circuit Rule 24 .................................................................................... 61

Title VII – General Provisions .................................................................................... 63

Federal Rule of Appellate Procedure 25 .......................................................... 63

Federal Circuit Rule 25 .................................................................................... 67

Federal Rule of Appellate Procedure 26 .......................................................... 75

Federal Circuit Rule 26 .................................................................................... 78

Federal Rule of Appellate Procedure 26.1 ....................................................... 80

Federal Circuit Rule 26.1 ................................................................................. 81

Federal Rule of Appellate Procedure 27 .......................................................... 82

Federal Circuit Rule 27 .................................................................................... 85

Federal Rule of Appellate Procedure 28 .......................................................... 93

Federal Circuit Rule 28 .................................................................................... 97

Federal Rule of Appellate Procedure 28.1 ..................................................... 104
Federal Circuit Rules of Practice (December 1, 2018) Page v

Federal Circuit Rule 28.1 ............................................................................... 107

Federal Rule of Appellate Procedure 29 ........................................................ 109

Federal Circuit Rule 29 .................................................................................. 112

Federal Rule of Appellate Procedure 30 ........................................................ 113

Federal Circuit Rule 30 .................................................................................. 116

Federal Rule of Appellate Procedure 31 ........................................................ 125

Federal Circuit Rule 31 .................................................................................. 126

Federal Rule of Appellate Procedure 32 ........................................................ 129

Federal Circuit Rule 32 .................................................................................. 133

Federal Rule of Appellate Procedure 32.1 ..................................................... 137

Federal Circuit Rule 32.1 ............................................................................... 138

Federal Rule of Appellate Procedure 33 ........................................................ 140

Federal Circuit Rule 33 .................................................................................. 141

Federal Circuit Rule 33.1 ............................................................................... 141

Federal Rule of Appellate Procedure 34 ........................................................ 142

Federal Circuit Rule 34 .................................................................................. 144

Federal Rule of Appellate Procedure 35 ........................................................ 147

Federal Circuit Rule 35 .................................................................................. 149

Federal Rule of Appellate Procedure 36 ........................................................ 155

Federal Circuit Rule 36 .................................................................................. 156

Federal Rule of Appellate Procedure 37 ........................................................ 157

Federal Rule of Appellate Procedure 38 ........................................................ 158

Federal Rule of Appellate Procedure 39 ........................................................ 159

Federal Circuit Rule 39 .................................................................................. 161

Federal Rule of Appellate Procedure 40 ........................................................ 163

Federal Circuit Rule 40 .................................................................................. 164

Federal Rule of Appellate Procedure 41 ........................................................ 167

Federal Circuit Rule 41 .................................................................................. 169

Federal Rule of Appellate Procedure 42 ........................................................ 170

Federal Rule of Appellate Procedure 43 ........................................................ 170

Federal Rule of Appellate Procedure 44 ........................................................ 172

Federal Rule of Appellate Procedure 45 ........................................................ 173

Federal Circuit Rule 45 .................................................................................. 175
Federal Circuit Rules of Practice (December 1, 2018) Page vi

Federal Rule of Appellate Procedure 46 ........................................................ 176

Federal Circuit Rule 46 .................................................................................. 177

Federal Rule of Appellate Procedure 47 ........................................................ 179

Federal Circuit Rule 47.1 ............................................................................... 180

Federal Circuit Rule 47.2 ............................................................................... 180

Federal Circuit Rule 47.3 ............................................................................... 181

Federal Circuit Rule 47.4 ............................................................................... 184

Federal Circuit Rule 47.5 ............................................................................... 185

Federal Circuit Rule 47.6................................................................................ 186

Federal Circuit Rule 47.7 ............................................................................... 186

Federal Circuit Rule 47.8 ............................................................................... 187

Federal Circuit Rule 47.9 ............................................................................... 188

Federal Circuit Rule 47.10.............................................................................. 190

Federal Circuit Rule 47.11.............................................................................. 190

Federal Circuit Rule 47.12.............................................................................. 191

Federal Rule of Appellate Procedure 48 ........................................................ 192

Federal Circuit Rule 49 .................................................................................. 192

Federal Circuit Rule 50 .................................................................................. 193

Federal Circuit Rule 51 .................................................................................. 194

Federal Circuit Rule 52 .................................................................................. 194

Federal Circuit Rule 53 .................................................................................. 196

Federal Circuit Rule 54 .................................................................................. 197

Federal Circuit Attorney Discipline Rules ............................................................... 198

Federal Circuit Forms ............................................................................................... 207
Federal Circuit Rules of Practice (December 1, 2018) Page vii

Foreword

This document contains the rules for proceedings in the United States Court of 

Appeals for the Federal Circuit. These rules include the Federal Rules of Appellate 

Procedure and the corresponding Federal Circuit Rules. The Federal Rules of 

Appellate Procedure appear on a shaded blue background for ease in distinguishing 

them from the Federal Circuit Rules that are on a white background. Certain 

provisions within the Federal Rules of Appellate Procedure are inapplicable to this 

court or have been replaced with information in the corresponding Federal Circuit 

Rule. Those inapplicable provisions are indicated in this document in strikethrough

text.

Practice Notes following the various rules are in boxed informational 

sections. These Practice Notes discuss matters that are often asked of the Clerk’s 

Office staff or provide additional explanatory information concerning the 

related. Counsel may rely on the Practice Notice but they may not be used to avoid 

controlling statutes or rules.

The Federal Circuit Attorney Discipline Rules are included in this document. Other 

documents are available on the court’s website at www.cafc.uscourts.gov, include

the Internal Operating Procedures, Electronic Filing Procedures (CM/ECF User’s 

Guide), Guide for Pro Se Petitioners and Appellants, Appellate Mediation Program 

Guidelines, Courtroom Decorum Policy, and downloadable Federal Circuit Forms.

Inquiries about the Rules of Practice may be made to the Clerk’s Office at 202-275-

8000. Public access, e-mail and telephone hours for the Clerk’s Office are 8:30 a.m. 

to 4:30 p.m. (Eastern), Monday through Friday. Please refer to the court’s website 

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

argument resources, electronic filing resources, and unrepresented filer resources

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

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

to FederalCircuitRules@cafc.uscourts.gov or Clerk of Court, United States Court of 

Appeals for the Federal Circuit, 717 Madison Place, NW, Washington, DC 20439.
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Federal Circuit Rules of Practice (December 1, 2018) Page 1

Title I – Applicability of Rules

FEDERAL RULE OF APPELLATE PROCEDURE 1

Rule 1. Scope of Rules; Definition; Title

(a) Scope of Rules.

(1) These rules govern procedure in the United States courts of appeals.

(2) When these rules provide for filing a motion or other document in the 

district court, the procedure must comply with the practice of the 

district court.

(b) Definition. 

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.

FEDERAL CIRCUIT RULE 1

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.
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Federal Circuit Rules of Practice (December 1, 2018) Page 2

FEDERAL CIRCUIT RULE 1

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

commission, bureau, or officer of the United States, including each of 

the following:

(A) the Patent Trial and Appeal Board;

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

(C) the Trademark Trial and Appeal Board;

(D) the United States International Trade Commission;

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

subchapter X of chapter 98 of the Harmonized Tariff Schedule of 

the United States (relating to importation of instruments or 

apparatus);

(F) the Secretary of Agriculture acting under 7 U.S.C. § 2461;

(G) the Merit Systems Protection Board;

(H) 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 Office of Compliance acting under 2 U.S.C. § 1407(a)(1);

(O) the Government Accountability Office Personnel Appeals Board; 

or

(P) the Bureau of Justice Assistance.
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Federal Circuit Rules of Practice (December 1, 2018) Page 3

FEDERAL CIRCUIT RULE 1

(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.

FEDERAL RULE OF APPELLATE PROCEDURE 2

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 Circuit Rules of Practice (December 1, 2018) Page 4

Title II – Appeal from a Judgment or Order of a District Court

FEDERAL RULE OF APPELLATE PROCEDURE 3

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 filing a notice of appeal with the 

district clerk within the time allowed by Rule 4. At the time of filing, 

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 filing 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 file a joint notice of appeal. They may then proceed on appeal as a 

single appellant.

(2) When the parties have filed separate timely notices of appeal, the 

appeals may be joined or consolidated by the court of appeals.
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Federal Circuit Rules of Practice (December 1, 2018) Page 5

FEDERAL RULE OF APPELLATE PROCEDURE 3

(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.

(2) A pro se notice of appeal is considered filed 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 qualified 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 filing 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 filed.
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Federal Circuit Rules of Practice (December 1, 2018) Page 6

FEDERAL RULE OF APPELLATE PROCEDURE 3

(2) If an inmate confined in an institution files 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 

sufficient despite the death of a party or the party’s counsel.

(e) Payment of Fees. 

Upon filing 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.

FEDERAL CIRCUIT RULE 3

Rule 3. Appeal as of Right – How Taken

(a) Opinion; Certified Copy of Docket Entries. 

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

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

accompanied the judgment or order being appealed. The trial court clerk of 

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

appeal.

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

Territory of the Pacific Islands. 

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

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

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

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

II, Title One, Article VII, § 174(c), in 48 U.S.C. § 1901 note and § 1931 note, 

must be filed with this court’s clerk of court, but otherwise is deemed to be an 

appeal from the judgment of a district court for purposes of these rules.
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Federal Circuit Rules of Practice (December 1, 2018) Page 7

Practice Notes to Rule 3

FAILURE TO FILE A NOTICE OF APPEAL. 

Only a party that has filed a notice of appeal may attack all or any part of the trial 

court judgment. Any other party in the trial court not filing a notice of appeal may 

participate in the appeal as an appellee but may not seek to overturn or modify the 

judgment.

FEES. 

The fee schedule is set forth in Federal Circuit Rule 52. See also 28 U.S.C. § 1913, 

note 1 [Judicial Conference Schedule of Fees].

FILING AND DOCKETING AN APPEAL. 

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

sent to this court by the trial court clerk of court is docketed when it is listed on the 

docket and assigned a docket number. 

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 filed in this court, unlike 

other appeals from those courts in which the notice of appeal is filed with the Clerks 

of those courts. However, once these appeals or petitions are filed in this court, they 

are forwarded to the Clerks of those courts with instructions to comply with Federal 

Rule of Appellate Procedure 3(d).
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Federal Circuit Rules of Practice (December 1, 2018) Page 8

FEDERAL RULE OF APPELLATE PROCEDURE 4

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 entry of the 

judgment or order appealed from.

(B) The notice of appeal may be filed by any party within 60 days 

after entry of the judgment or order appealed from if one of the 

parties is:

(i) the United States;

(ii) a United States agency;

(iii) a United States officer or employee sued in an official 

capacity; or

(iv) a current or former United States officer or employee 

sued in an individual capacity for an act or omission 

occurring in connection with duties performed on the 

United States’ behalf—including all instances in which 

the United States represents that person when the 

judgment or order is entered or files the appeal for that 

person.

(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 filed after the 

court announces a decision or order—but before the entry of the 

judgment or order—is treated as filed on the date of and after the 

entry.

(3) Multiple Appeals. If one party timely files a notice of appeal, any 

other party may file a notice of appeal within 14 days after the date 

when the first notice was filed, or within the time otherwise prescribed 

by this Rule 4(a), whichever period ends later.
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Federal Circuit Rules of Practice (December 1, 2018) Page 9

FEDERAL RULE OF APPELLATE PROCEDURE 4

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

(A) If a party timely files in the district court any of the following 

motions under the Federal Rules of Civil Procedure—and does 

so within the time allowed by those rules—the time to file 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 filed no later than 

28 days after the judgment is entered.

(B) (i) If a party files 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 file 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 file an amended notice.
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Federal Circuit Rules of Practice (December 1, 2018) Page 10

FEDERAL RULE OF APPELLATE PROCEDURE 4

(5) Motion for Extension of Time.

(A) The district court may extend the time to file 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 filed before or during 

the 30 days after the time prescribed by this Rule 4(a)

expires, that party shows excusable neglect or good cause.

(B) A motion filed 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 filed 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 file 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 satisfied:

(A) the court finds 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 filed 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 finds that no party would be prejudiced.

(7) Entry Defined.

(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 
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Federal Circuit Rules of Practice (December 1, 2018) Page 11

FEDERAL RULE OF APPELLATE PROCEDURE 4

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).

(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.

(c) Appeal by an Inmate Confined in an Institution.

(1) If an institution has a system designed for legal mail, an inmate 

confined there must use that system to receive the benefit of this Rule 

4(c)(1). If an inmate files 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 filing and: 

(A) it is accompanied by: 

(i) a declaration in compliance with 28 U.S.C. § 1746—or a 

notarized statement—setting out the date of deposit and 

stating that first-class postage is being prepaid; or 

(ii) evidence (such as a postmark or date stamp) showing that 

the notice was so deposited and that postage was prepaid; 

or 
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Federal Circuit Rules of Practice (December 1, 2018) Page 12

FEDERAL RULE OF APPELLATE PROCEDURE 4

(B) the court of appeals exercises its discretion to permit the later 

filing of a declaration or notarized statement that satisfies Rule 

4(c)(1)(A)(i).

(2) If an inmate files the first 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 file a notice of appeal runs from the date when the district court 

dockets the first notice.

(3) When a defendant in a criminal case files a notice of appeal under this 

Rule 4(c), the 30-day period for the government to file 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.

(d) Mistaken Filing in the Court of Appeals. 

If a notice of appeal in either a civil or a criminal case is mistakenly filed 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 filed in the district court on the date so noted.
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Federal Circuit Rules of Practice (December 1, 2018) Page 13

FEDERAL CIRCUIT RULE 4

Rule 4. Appeal as of Right – Untimely Notice

The United States Court of Appeals for the Federal Circuit cannot waive the 

untimely filing of a notice of appeal. The clerk may return a notice of appeal 

that is untimely on its face.

Practice Notes to Rule 4

TIME TO APPEAL.

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

the statutes and case law before determining the period available for taking an 

appeal. Counsel should also be aware of the district court’s authority under 

Federal Rule of Appellate Procedure 4 to extend or reopen the time for appeal.

COURT STATUTE TIME

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

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

15 U.S.C. § 3416(c) 30 days

Court of International 

Trade

28 U.S.C. § 2645(c) 60 days

Court of Federal Claims 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
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Federal Circuit Rules of Practice (December 1, 2018) Page 14

Practice Notes to Rule 4

DUTY TO NOTIFY THE CLERK OF POSTJUDGMENT MOTIONS

PENDING IN THE TRIAL COURT.

Even though the district court clerk must forward copies of later docket entries 

under Federal Rule of Appellate Procedure 3(d), the appellant should promptly 

notify this court’s clerk if any party in the case files a motion listed in Federal 

Rule of Appellate Procedure 4(a)(4). Any other party may also notify the clerk in 

such a case. Upon 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 filing and notify counsel.

EXPEDITED PROCEEDINGS. 

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

notice of appeal shortly after entry of final judgment in the trial forum. When a 

party is considering seeking expedited proceedings on appeal, the party should 

consider filing its notice of appeal and initial brief well before the applicable 

deadlines. For further information on expedition procedures, see the Practice 

Note to Rule 27.
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Federal Circuit Rules of Practice (December 1, 2018) Page 15

FEDERAL RULE OF APPELLATE PROCEDURE 5

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 file a petition for permission to 

appeal. The petition must be filed with the circuit clerk with proof of 

service on all other parties to the district-court action.

(2) The petition must be filed within the time specified by the statute or 

rule authorizing the appeal or, if no such time is specified, 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 first 

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 finding that the necessary conditions are met.

(2) A party may file an answer in opposition or a cross-petition within 10 

days after the petition is served.
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FEDERAL RULE OF APPELLATE PROCEDURE 5

(3) The petition and answer will be submitted without oral argument 

unless the court of appeals orders otherwise.

(c) Form of Papers; Number of Copies; Length Limits. 

All papers must conform to Rule 32(c)(2). An original and 3 copies must be 

filed unless the court requires a different number by local rule or by order in 

a particular case. Except by the court’s permission, and excluding the 

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

(1) a paper produced using a computer must not exceed 5,200 words; and 

(2) a handwritten or typewritten paper must not exceed 20 pages.

(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) file 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 filed in 

accordance with Rules 11 and 12(c).
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Federal Circuit Rules of Practice (December 1, 2018) Page 17

FEDERAL CIRCUIT RULE 5

Rule 5. Appeal by Permission 

(a) Petition. 

A petition for permission to appeal must be accompanied by a copy of the 

docket entries in the trial court.

(b) Record; Certified 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 of court must send a certified copy of the docket entries 

instead of the record.

(c) Filing. 

For information concerning how to file a petition for permission to appeal, 

which is a case-initiating document, see Federal Circuit Rule 25.

Practice Note to Rule 5

CASE INITIATION. 

The court’s case management/electronic case filing system (CM/ECF) provides for 

submission of case opening materials in cases in which parties are represented by 

counsel and requires payment of fees using pay.gov. Requirements are included in 

the court’s electronic case filing User Guide (www.cafc.uscourts.gov).
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Federal Circuit Rules of Practice (December 1, 2018) Page 18

FEDERAL RULE OF APPELLATE PROCEDURE 6

Rule 6. Appeal in a Bankruptcy Case from a Final Judgment, Order, or 

Decree of a District Court or Bankruptcy Appellate Panel

FEDERAL RULE OF APPELLATE PROCEDURE 7

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

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

FEDERAL RULE OF APPELLATE PROCEDURE 8

Rule 8. Stay or Injunction Pending Appeal

(a) Motion for Stay.

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

first 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 bond or other security provided to obtain a stay of 

judgment; 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:
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Federal Circuit Rules of Practice (December 1, 2018) Page 19

FEDERAL RULE OF APPELLATE PROCEDURE 8

(i) show that moving first 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.

(B) The motion must also include:

(i) the reasons for granting the relief requested and the facts 

relied on;

(ii) originals or copies of affidavits 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 filing a bond or other 

security in the district court.

(b) Proceeding Against a Security Provider. 

If a party gives security with one or more security providers, each provider 

submits to the jurisdiction of the district court and irrevocably appoints the 

district clerk as its agent on whom any papers affecting its liability on the 

security may be served. On motion, a security provider’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 send a copy to each security provider 

whose address is known.
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Federal Circuit Rules of Practice (December 1, 2018) Page 20

FEDERAL RULE OF APPELLATE PROCEDURE 8

(c) Stay in a Criminal Case. 

Rule 38 of the Federal Rules of Criminal Procedure governs a stay in a 

criminal case.

FEDERAL CIRCUIT RULE 8

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 filed with the trial court 

clerk of court;

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

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

appeal; and

(4) a certificate of interest.

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

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

appeal may not exceed 5,200 words if produced using a computer or 20 

pages if handwritten or typewritten. A reply may not exceed 2,600 

words if produced using a computer or 10 pages if handwritten or 

typewritten.

(2) No paper copies are required if the motion is filed by counsel through 

Electronic Case Filing (ECF). If the motion is filed by a pro se party, 

then one paper copy must be filed. 

(3) A separate brief supporting a motion, response, or reply is not 

permitted.
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Federal Circuit Rules of Practice (December 1, 2018) Page 21

FEDERAL CIRCUIT RULE 8

(4) For information on filing a motion under this rule, when an appeal has 

been filed by the trial court but not yet docketed in this court, see the 

information in Federal Circuit Rule 25 and instructions on the court’s 

website for how to file a case-initiating document.

(c) Notice and Service When Requesting Immediate Action; Facsimile or

Email.

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

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

that a motion will be filed 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 or email transmission, which is only permitted under 

Federal Circuit Rule 25 for pro se parties who cannot file electronically 

through CM/ECF, opposing counsel must be served in the same 

manner. The filing must state the name, address, and, if applicable, 

the facsimile numbers or email addresses 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 specifically identifying when it filed the 

motion in the district court and why it is not practicable to await a ruling by 

the district court on that motion.
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Federal Circuit Rules of Practice (December 1, 2018) Page 22

Practice Notes to Rule 8

FORM REQUIREMENTS.

See Federal Rule of Appellate Procedure 27(d) for form requirements concerning 

motions.

CERTIFICATE OF INTEREST. 

The format is found in Form 9.

CLERK’S OFFICE EMAIL. 

Email address (prose@cafc.uscourts.gov) may only be used by pro se filers and only 

for submission under this Rule or Federal Rule of Appellate Procedure 8.

FEDERAL RULE OF APPELLATE PROCEDURE 9

Rule 9. Release in a Criminal Case
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Federal Circuit Rules of Practice (December 1, 2018) Page 23

FEDERAL RULE OF APPELLATE PROCEDURE 10

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 filed in the district court;

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

(3) a certified 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 filing the notice of 

appeal or entry of an order disposing of the last timely remaining 

motion of a type specified in Rule 4(a)(4)(A), whichever is later, the 

appellant must do either of the following:

(A) order from the reporter a transcript of such parts of the 

proceedings not already on file as the appellant considers 

necessary, subject to a local rule of the court of appeals and with 

the following qualifications:

(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, file a copy of 

the order with the district clerk; or

(B) file a certificate stating that no transcript will be ordered.

(2) Unsupported Finding or Conclusion. If the appellant intends to 

urge on appeal that a finding 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 finding or 

conclusion.
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Federal Circuit Rules of Practice (December 1, 2018) Page 24

FEDERAL RULE OF APPELLATE PROCEDURE 10

(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 certificate 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 certificate and the 

statement of the issues, file 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 notified 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 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 defined 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 courts resolution of the 

issues. If the statement is truthful, it—together with any additions that the 
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Federal Circuit Rules of Practice (December 1, 2018) Page 25

FEDERAL RULE OF APPELLATE PROCEDURE 10

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 certified 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 filed 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 certified 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.
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Federal Circuit Rules of Practice (December 1, 2018) Page 26

FEDERAL CIRCUIT RULE 10

Rule 10. The Record on Appeal

Delay in Preparing the Transcript. When a trial transcript is not filed in 

the trial court within 60 days after it was ordered, the clerk of court may 

direct the parties to proceed under Rule 10(c) or (d) of the Federal Rules of 

Appellate Procedure.

Practice Notes to Rule 10

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 difficulty with late delivery of 

transcripts by court reporters.
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Federal Circuit Rules of Practice (December 1, 2018) Page 27

FEDERAL RULE OF APPELLATE PROCEDURE 11

Rule 11. Forwarding the Record

(a) Appellant’s Duty.

An appellant filing 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 file 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 file it with the 

district clerk and notify the circuit clerk of the filing.

(D) If the reporter fails to file 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 identified. 

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.
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Federal Circuit Rules of Practice (December 1, 2018) Page 28

FEDERAL RULE OF APPELLATE PROCEDURE 11

(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 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 

certified 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 filed 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.
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FEDERAL RULE OF APPELLATE PROCEDURE 11

(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 bond or 

other security provided to obtain a stay of judgment; or

• for any other intermediate order—

the district clerk must send the court of appeals any parts of the record 

designated by any party
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Federal Circuit Rules of Practice (December 1, 2018) Page 30

FEDERAL CIRCUIT RULE 11

Rule 11. Forwarding the Record

(a) Retaining the Record; Certified 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 certified copy of the docket entries instead of 

the record.

(2) Archival Storage. The district court clerk of court must not send the 

record to archival storage until this court issues its mandate.

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

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

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

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

nonconfidential original papers, transcripts, and exhibits to prepare 

the appendix. This inspection and copying is subject to reasonable 

regulation by the trial court.

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

Copying. A party or counsel for a party must be permitted to inspect 

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

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

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

governed by the order of this court.
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Federal Circuit Rules of Practice (December 1, 2018) Page 31

FEDERAL CIRCUIT RULE 11

(c) Status of a Protective Order on Appeal. 

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

the trial court shall remain subject to that order on appeal. Material shall 

lose its status as subject to a protective order, however, if and when it has 

been removed from protected status under Federal Circuit Rule 30(h)(1)(B) or 

has appeared, without being marked confidential, in motion papers under 

Federal Circuit Rule 27 or a brief under Federal Circuit Rule 28 in this court. 

Federal Circuit Rules 27(m)(1) and 28(d)(1) tightly limit confidentiality 

markings in a motion, response, or reply and in a brief.

(d) Agreement by Parties to Modify a Protective Order; Certificate 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 filed, each party must promptly review the 

record to determine whether protected portions need to remain protected on 

appeal. If a party determines that some 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 file a certificate of compliance no later than the 

time for filing the joint appendix 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, or to third-party information marked as confidential.

(e) 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 trial 

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

protective order should not be modified.
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Federal Circuit Rules of Practice (December 1, 2018) Page 32

FEDERAL RULE OF APPELLATE PROCEDURE 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 filed 

the notice of appeal must, within 14 days after filing the notice, file a 

statement with the circuit clerk naming the parties that the attorney 

represents on appeal.

(c) Filing the Record, Partial Record, or Certificate. 

Upon receiving the record, partial record, or district clerk’s certificate as 

provided in Rule 11, the circuit clerk must file it and immediately notify all 

parties of the filing date.
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Federal Circuit Rules of Practice (December 1, 2018) Page 33

FEDERAL CIRCUIT RULE 12

Rule 12. Notice of Docketing.

The clerk of court must notify all parties of the date the appeal is docketed.

Practice Notes to Rule 12

FILING AND DOCKETING AN APPEAL. 

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

sent to this court by the trial court clerk of court is docketed when it is listed on the 

docket and assigned a docket number.

DATE OF DOCKETING.

The date of docketing starts the time running for filing briefs. See Federal Circuit 

Rule 31(a).

REPRESENTATION STATEMENT. 

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

entry of appearance and certificate 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 

CROSS-APPEALS. 

The clerk will provide the parties with the official caption in the case at the time of 

docketing. Any objection to the official caption should be made promptly. 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 identified only as 

plaintiff or defendant to avoid confusion with any third party permitted to intervene 

in the appeal. An appellee desiring not to file a brief or join in another party’s brief 

must notify the clerk of court who will strike the party’s designation as an appellee 

from the official 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 
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Federal Circuit Rules of Practice (December 1, 2018) Page 34

Practice Notes to Rule 12

party appeals from the same trial court case, the appeals or cross-appeals will be 

consolidated by the clerk of court. 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 of court with any previously docketed appeal from 

the same judgment or order.

FEDERAL RULE OF APPELLATE PROCEDURE 12.1

Rule 12.1 Remand After an Indicative Ruling by 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.
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Federal Circuit Rules of Practice (December 1, 2018) Page 35

Title III – Appeals from the United States Tax Court

FEDERAL RULE OF APPELLATE PROCEDURE 13

Rule 13. Review of a Decision of the Tax Court

FEDERAL RULE OF APPELLATE PROCEDURE 14

Rule 14. Applicability of Other Rules to the Review of a Tax Court Decision
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Federal Circuit Rules of Practice (December 1, 2018) Page 36

Title IV – Review or Enforcement of an Order of an 

Administrative Agency, Board, Commission, or Officer

FEDERAL RULE OF APPELLATE PROCEDURE 15

Rule 15. Review or Enforcement of an Agency Order

(a) Petition for Review; Joint Petition.

(1) Review of an agency order is commenced by filing, 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 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 officer; 

“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 filed with the clerk 

of a court of appeals authorized to enforce the order. If a petition is 

filed to review an agency order that the court may enforce, a party 

opposing the petition may file a cross-application for enforcement.
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FEDERAL RULE OF APPELLATE PROCEDURE 15

(2) Within 21 days after the application for enforcement is filed, the 

respondent must serve on the applicant an answer to the application 

and file 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.

(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 filing, 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) file 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 file 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 filed within 30 days after the 

petition for review is filed and must contain a concise statement of the 

interest of the moving party and the grounds for intervention.

(e) Payment of Fees. 

When filing any separate or joint petition for review in a court of appeals, the 

petitioner must pay the circuit clerk all required fee.
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FEDERAL CIRCUIT RULE 15

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 Office. To appeal a decision of 

the Patent Trial and Appeal Board, the Trademark Trial and Appeal 

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

file in the Patent and Trademark Office a notice of appeal within the 

time prescribed by law. Notwithstanding Rule 25(b)(1), the appellant 

must simultaneously send to the clerk of court one paper copy of the 

notice and pay the fee set forth in Federal Circuit Rule 52. The 

Director must promptly advise the clerk of court 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 file a petition for review or notice of appeal with this 

court’s clerk of court within the time prescribed by law. Within 

14 days of filing, the petitioner must pay the clerk of court the 

fee set forth in Federal Circuit Rule 52.

(B) A petition filed by the Director of the Office of Personnel 

Management must be filed 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, email address, and telephone number.

(4) Copies. No additional paper copies are required to be filed with the 

court.

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

(1) Docketing Upon Receipt. In a petition for review or appeal from an 

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

petition upon receipt. Parties represented by counsel must file the 
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FEDERAL CIRCUIT RULE 15

petition or appeal and pay any required fees through CM/ECF and 

pay.gov. Parties not represented by counsel must submit the petition 

or appeal in paper and pay the required fees by check within 14 days of 

docketing. Facsimile or email transmission is not permitted. 

Instructions for electronically filing case-initiating documents such as 

a petition or appeal are posted on the court’s website.

(2) Untimeliness. The agency may advise the clerk of court concerning 

the untimeliness of an appeal and the clerk may order the appellant to 

show cause why the appeal should not be dismissed and refer the 

appellant’s response to the court.

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

CM/ECF 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 file with the clerk of court a statement whether 

or not a claim of discrimination by reason of race, sex, age, national 

origin, or handicapped condition has been or will be made in the case. 

See Form 10.

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

Motion or Brief. If the petitioner in a case described in Federal 

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

discrimination as to the case before the court, the respondent must 

state, in a responsive motion or brief, whether the respondent concurs 

or disagrees with the petitioner’s statement concerning discrimination 

and indicate whether or not the respondent believes that the court has 

jurisdiction over the petition for review, with reasons provided as 

necessary.

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

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

untimely on its face.
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FEDERAL CIRCUIT RULE 15

(e) Notice of Election Under 35 U.S.C. § 141 or 15 U.S.C. § 1071(a)(1). 

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

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

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

appeal.

(f) Judicial Review of Department of Veterans Affairs Rules and

Regulations. 

See Federal Circuit Rule 47.12.

Practice Notes to Rule 15

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 filing 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 

Office Personnel Appeals 

Board

31 U.S.C. § 755 30 days

Patent Trial and Appeal 

Board; Trademark Trial 

and Appeal Board; Director 

of Patents and Trademarks

35 U.S.C. § 142

15 U.S.C. § 1071

37 C.F.R. §§ 1.304, 2.145

2 months or 63 days

International Trade 

Commission

19 U.S.C. § 1337 60 days

Board of Contract Appeals 41 U.S.C. § 7107 120 days
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Practice Notes to Rule 15

AGENCY STATUTE TIME

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

Secretary of Veterans 

Affairs

38 U.S.C. § 502

Fed. Cir. R. 47.12(a)

60 days

Secretary of Labor; 

Occupational Safety and 

Health Review 

Commission; Federal 

Labor Relations Authority; 

certain Merit Systems 

Protection Board cases and 

Equal Employment 

Opportunity Commission 

cases

28 U.S.C. § 1296 30 days

Board of Directors, Office 

of Compliance

2 U.S.C. § 1407(c)(3) 90 days

Bureau of Justice 

Assistance

42 U.S.C. § 3796c-2 90 days

FILING IN THE PATENT AND TRADEMARK OFFICE. 

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

Office of the Solicitor

United States Patent and Trademark Office Mail Stop 8

Post Office Box 1450

Alexandria, Virginia 22313-1450

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

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

Office of the General Counsel

Patent and Trademark Office

Madison East

10B20 600 Dulany Street

Alexandria, Virginia 22314

COPY OF DECISION OR ORDER. 

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

the decision or order of the agency for which review is sought.
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Federal Circuit Rules of Practice (December 1, 2018) Page 42

Practice Notes to Rule 15

INTERVENTION. 

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

exercising that right, intervene in another appeal or petition to seek relief in its 

own cause. Because the United States or an agency of the United States is often the 

only appellee or respondent in cases under this rule, any other party seeking to 

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

within 30 days of the date when the petition for review or notice of appeal is filed. A 

motion for leave to intervene out of time will be granted only in extraordinary 

circumstances.

DISCRIMINATION STATEMENT. 

A discrimination statement form will be included in the docketing package provided 

to any petitioner seeking review of a decision of the Merit Systems Protection Board 

or an 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 Patent Trial and Appeal Board 

or the Trademark Trial and Appeal Board, parties in agency proceedings do not 

have the 14-day “cross-appeal” period that Federal Rule of Appellate Procedure 

4(a)(3) grants to parties appealing from trial courts. The court cannot waive the 

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

CONSOLIDATION. 

When more than one party files a petition for review or notice of appeal from the 

same decision or order, the parties should inform the clerk of court and the petitions 

or appeals may be consolidated and an adjusted briefing schedule may be issued.

ARBITRATION AWARDS IN THE UNITED STATES POSTAL SERVICE.

These arbitration awards may not be appealed to this court.
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Federal Circuit Rules of Practice (December 1, 2018) Page 43

Practice Notes to Rule 15

PROPER GOVERNMENTAL PARTY IN APPEALS FROM BOARDS OF 

CONTRACT APPEALS. 

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

agency is listed in the caption along with the name of the agency he or she heads. 

FILING AND DOCKETING A PETITION FOR REVIEW OR APPEAL.

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

appeal is received by the court or, in the case of an appeal from the Patent and 

Trademark Office, when the notice of appeal is received by the Director of the 

United States Patent and Trademark Office. A petition for review or appeal is 

docketed when it is listed on the docket and assigned a docket number in CM/ECF.

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 court 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.
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Federal Circuit Rules of Practice (December 1, 2018) Page 44

Practice Notes to Rule 15

EXPEDITED PROCEEDINGS. 

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

expeditious filing of a notice of appeal or petition for review shortly after entry of 

the reviewable agency order. When the appellant or petitioner is considering 

seeking expedited proceedings on appeal, the party should consider filing its notice 

of appeal or petition for review and initial brief well before the deadline for such 

actions. For further information on expedition procedures, see the Practice Notes to 

Rule 27.

FEDERAL RULES OF APPELLATE PROCEDURE 15.1

Rule 15.1 Briefs and Oral Argument in a National Labor Relations Board 

Proceeding
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Federal Circuit Rules of Practice (December 1, 2018) Page 45

FEDERAL RULE OF APPELLATE PROCEDURE 16

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 findings 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 filed.
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FEDERAL RULE OF APPELLATE PROCEDURE 17

Rule 17. Filing the Record

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

The agency must file 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 files an application for 

enforcement unless the respondent fails to answer or the court orders 

otherwise. The court may shorten or extend the time to file the record. The 

clerk must notify all parties of the date when the record is filed.

(b) Filing – What Constitutes.

(1) The agency must file:

(A) the original or a certified copy of the entire record or parts 

designated by the parties; or

(B) a certified 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 certified list be 

filed. The date when the stipulation is filed with the circuit clerk is 

treated as the date when the record is filed.

(3) The agency must retain any portion of the record not filed 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.
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FEDERAL CIRCUIT RULE 17

Rule 17. Filing the Record

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

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

index unless this court, on motion or sua sponte, orders otherwise.

(b) Certified List or Index.

(1) From the United States Patent and Trademark Office. No later 

than 40 days after receiving the notice of appeal, the Director must 

send to the clerk of court the certified list and a copy of the decision or 

order appealed. This constitutes compliance with the requirement of 

35 U.S.C. § 143 and 15 U.S.C. § 1071(a)(3) for sending a certified 

record to the court.

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

a petition for review or notice of appeal on an agency, the agency must 

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

decision or order being appealed.

(3) Index of VA Rulemaking Record. In petitions for review under 38 

U.S.C. § 502, if a petitioner has not adequately identified the 

rulemaking proceeding complained of, so that the Secretary of 

Veterans Affairs cannot send the certified list or index within the time 

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

move to waive or extend the time for filing the certified list or index.
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FEDERAL CIRCUIT RULE 17

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

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

simultaneously serve a copy on the parties and provide a certificate of service 

to the clerk of court. 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 filed.

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

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

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

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

the nonconfidential original papers, transcripts, and exhibits to 

prepare the appendix. This inspection and copying is subject to 

reasonable regulation by the agency.

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

Copying. A party or counsel for a party must be permitted to inspect 

and copy material contained in the record governed by a protective 

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

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

governed by the order of this court.

(e) Status of a Protective Order on Appeal. 

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

an agency shall remain subject to that order on appeal. Material shall lose its 

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

removed from protected status under Federal Circuit Rule 30(h)(1)(B) or has 

appeared, without being marked confidential, in motion papers under 

Federal Circuit Rule 27 or a brief under Federal Circuit Rule 28 in this court. 

Federal Circuit Rules 27(m)(1) and 28(d)(1) tightly limit confidentiality 

markings in a motion, response, or reply and in a brief.
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FEDERAL CIRCUIT RULE 17

(f) Agreement by Parties to Modify Protective Order; Certificate 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 filed, each party must 

promptly review the record to determine whether protected portions need to 

remain protected on appeal. If a party determines that some 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 file a certificate of compliance no later 

than the time for filing the joint appendix 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 modified.

Practice Notes to Rule 17

TRANSCRIPT OF AGENCY PROCEEDING AT GOVERNMENT EXPENSE. 

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

the agency’s expense. Any party seeking a written transcript of a hearing should 

direct the request to the agency, not the court.

AGENCY. 

The term agency in these rules includes a board, commission, bureau, or arbitrator.
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FEDERAL RULE OF APPELLATE PROCEDURE 18

Rule 18. Stay Pending Review

(a) Motion for a Stay.

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

move first 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 first 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 affidavits 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 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.

(b) Bond. 

The court may condition relief on the filing of a bond or other appropriate 

security.
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FEDERAL CIRCUIT 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 filed 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 5,200 words if produced using a computer or 20 pages if 

handwritten or typewritten. A reply may not exceed 2,600 words if 

produced using a computer or 10 pages if handwritten or typewritten. 

(2) No paper copies are required if the motion is filed by counsel through 

CM/ECF. If the motion is filed by a pro se party, then one paper copy 

must be filed.

(3) A separate brief supporting a motion, response, or reply is not 

permitted.

(4) For information on filing a motion along with a petition or appeal 

under this rule, see the information in Federal Circuit Rule 25 and 

instructions in the User’s Guide on the court’s website

(www.cafc.uscourts.gov) for how to file a case-initiating document 

through CM/ECF.
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FEDERAL CIRCUIT RULE 18

(c) Notice and Service When Requesting Immediate Action; Facsimile or 

Email.

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

action by the court must – before filing – notify all parties that a 

motion will be filed and must utilize an expedited method of service.

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

email transmission, which is only permitted under Federal Circuit 

Rule 25 for pro se parties who cannot file electronically through 

CM/ECF, a certificate of interest must be included and opposing 

counsel must be served in the same manner. The filing 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 specifically 

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

practicable to await a ruling by the agency.

Practice Notes to Rule 18

FORM REQUIREMENTS. 

See Federal Rule of Appellate Procedure 27(d) for form requirements concerning 

motions.

CERTIFICATE OF INTEREST. 

The form for the certificate of interest is found in Form 9.
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Federal Circuit Rules of Practice (December 1, 2018) Page 53

Practice Notes to Rule 18

AGENCY. 

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

CLERK’S OFFICE EMAIL. 

Email address (prose@cafc.uscourts.gov) may only be used by pro se filers.

FEDERAL RULE OF APPELLATE PROCEDURE 19

Rule 19. Settlement of a Judgment Enforcing an Agency Order in Part

When the court files an opinion directing entry of judgment enforcing the agency’s 

order in part, the agency must within 14 days file 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 file 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.
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Federal Circuit Rules of Practice (December 1, 2018) Page 54

FEDERAL RULE OF APPELLATE PROCEDURE 20

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.

FEDERAL CIRCUIT RULE 20

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.
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Federal Circuit Rules of Practice (December 1, 2018) Page 55

Title V – Extraordinary Writs

FEDERAL RULE OF APPELLATE PROCEDURE 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 file 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 fixed time.

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

respond.
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Federal Circuit Rules of Practice (December 1, 2018) Page 56

(3) Two or more respondents may answer jointly.

(4) The court of appeals may invite or order the trial-court judge to 

address the petition or may invite an amicus curiae to do so. The trialcourt 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 briefing 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.

(7) The circuit clerk must send a copy of the final disposition to the trialcourt judge.

(c) Other Extraordinary Writs. 

An application for an extraordinary writ other than one provided for in Rule 

21(a) must be made by filing 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; Length Limits. 

All papers must conform to Rule 32(c)(2). An original and 3 copies must be 

filed unless the court requires the filing of a different number by local rule or 

by order in a particular case. Except by the court’s permission, and excluding 

the accompanying documents required by Rule 21(a)(2)(C): 

(1) a paper produced using a computer must not exceed 7,800 words; and 

(2) a handwritten or typewritten paper must not exceed 30 pages.
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Federal Circuit Rules of Practice (December 1, 2018) Page 57

FEDERAL CIRCUIT RULE 21

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 certificate 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. For counsel who must file the petition through CM/ECF, see 

the information in Federal Circuit Rule 25 and instructions in the 

User’s Guide on the court’s website (www.cafc.uscourts.gov) for how to 

file a case-initiating document through CM/ECF and pay the fees 

through pay.gov.

(5) No answer may be filed by any respondent unless ordered by the court.

(b) Copies; Brief.

(1) If the petition is filed by a pro se party, then one paper copy is 

required. No paper copies are required if counsel files the petition 

through CM/ECF as a case-initiating document. 

(2) A separate brief supporting or answering a petition is not permitted.

(3) No paper copies of a response or reply are required, if the response or 

reply is submitted through CM/ECF. If the respondent is pro se, then 

one paper copy of the response is required. If the petitioner is pro se, 

then one copy of the reply is required.
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FEDERAL CIRCUIT RULE 21

(c) Reply. 

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

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

within 7 days of the date of the filing of the response. The court may act on 

the petition before receipt of any reply, and thus the filing of a reply should 

be expedited if appropriate. The reply may not exceed 3,900 words if 

produced using a computer or 15 pages if handwritten or typewritten.

(d) Service of Order Denying Petition.

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

the petition on all persons served with the petition unless such a person has 

entered an appearance in the proceeding or has been sent a copy of the order 

by the clerk of court.
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Federal Circuit Rules of Practice (December 1, 2018) Page 59

Title VI – Habeas Corpus; Proceedings In Forma Pauperis

FEDERAL RULE OF APPELLATE PROCEDURE 22

Rule 22. Habeas Corpus and Section 2255 Proceedings

FEDERAL RULE OF APPELLATE PROCEDURE 23

Rule 23. Custody or Release of a Prisoner in a Habeas Corpus Proceeding

FEDERAL RULE OF APPELLATE PROCEDURE 24

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 file a motion in the district court. The party must attach an 

affidavit that:

(A) shows in the detail prescribed by Form 4 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 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 

financially unable to obtain an adequate defense in a criminal case, 
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FEDERAL RULE OF APPELLATE PROCEDURE 24

may proceed on appeal in forma pauperis without further 

authorization, unless:

(A) the district court—before or after the notice of appeal is filed—

certifies that the appeal is not taken in good faith or finds that 

the party is not otherwise entitled to proceed in forma pauperis 

and states in writing its reasons for the certification or finding; 

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) certifies that the appeal is not taken in good faith; or

(C) finds that the party is not otherwise entitled to proceed in forma 

pauperis.

(5) Motion in the Court of Appeals. A party may file 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 affidavit filed in the district court and the 

district court’s statement of reasons for its action. If no affidavit was 

filed in the district court, the party must include the affidavit 

prescribed by Rule 24(a)(1).

(b) Leave to Proceed in Forma Pauperis on Appeal from the United 

States Tax Court or on Appeal or Review of an AdministrativeAgency Proceeding. 

A party may file in the court of appeals a motion for leave to proceed on 

appeal in forma pauperis with an affidavit prescribed by Rule 24(a)(1):

(1) in an appeal from the United States Tax Court; and

(2) when an appeal or review of a proceeding before an administrative 

agency, board, commission, or officer proceeds directly in the court of 

appeals.
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FEDERAL RULE OF APPELLATE PROCEDURE 24

(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 CIRCUIT RULE 24

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 of court 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 of court does not 

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

14 days of the date of docketing of the appeal or petition, the clerk of court is 

authorized to dismiss the appeal or petition. See also Federal Circuit Rule 

52(d). 

The motion and affidavit 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 file a 

supplemental form for prisoners, Form 6A.
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Federal Circuit Rules of Practice (December 1, 2018) Page 62

Practice Notes to Rule 24

DOCKETING FEE; TRANSCRIPT REQUEST. 

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

docketing fee. Any request for a transcript of an agency proceeding at government 

expense is governed by agency regulations and must be directed to the agency.

PROCEEDING ON ORIGINAL RECORD. 

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

on the original record is rarely granted because the available informal brief 

procedure permits an appendix consisting only of a copy of the decision or order 

sought to be reviewed. See Federal Circuit 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, 4324. 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.
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Federal Circuit Rules of Practice (December 1, 2018) Page 63

Title VII – General Provisions

FEDERAL RULE OF APPELLATE PROCEDURE 25

Rule 25. Filing and Service

(a) Filing.

(1) Filing with the Clerk. A paper required or permitted to be filed in a 

court of appeals must be filed with the clerk.

(2) Filing: Method and Timeliness.

(A) Nonelectronic Filing

(i) In General. For a paper not filed electronically, filing 

may be accomplished by mail addressed to the clerk, but 

filing is not timely unless the clerk receives the papers 

within the time fixed for filing.

(ii) A Brief or Appendix. A brief or appendix not filed 

electronically is timely filed, however, if on or before the 

last day for filing, it is:

• mailed to the clerk by first-class mail, or 

other class of mail that is at least as 

expeditious, postage prepaid; or

• dispatched to a third-party commercial 

carrier for delivery to the clerk within 3 

days.

(iii) Inmate Filing. If an institution has a system designed 

for legal mail, an inmate confined there must use that 

system to receive the benefit of this Rule 25(a)(2)(A)(iii). A 

paper not filed electronically by an inmate is timely if it is 

deposited in the institution’s internal mail system on or 

before the last day for filing and:

• it is accompanied by: a declaration in 

compliance with 28 U.S.C. § 1746—or a 

notarized statement—setting out the date of 

deposit and stating that first-class postage is 

being prepaid; or evidence (such as a 

postmark or date stamp) showing that the
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Federal Circuit Rules of Practice (December 1, 2018) Page 64

FEDERAL RULE OF APPELLATE PROCEDURE 25

paper was so deposited and that postage was 

prepaid; or

• the court of appeals exercises its discretion 

to permit the later filing of a declaration or 

notarized statement that satisfies Rule 

25(a)(2)(A)(iii).

(B) Electronic Filing and Signing.

(i) By a Represented Person – Generally Required; 

Exceptions. A person represented by an attorney must 

file electronically, unless nonelectronic filing is allowed by 

the court for good cause or is allowed or required by local 

rule.

(ii) By an Unrepresented Person – When Allowed or 

Required. A person not represented by an attorney:

• may file electronically only if allowed by 

court order or by local rule; and

• may be required to file electronically only by 

court order, or by a local rule that includes 

reasonable exceptions.

(iii) Signing. A filing made through a person’s electronicfiling account and authorized by that person, together 

with that person’s name on a signature block, constitutes 

the person’s signature.

(iv) Same as a Written Paper. A paper filed electronically is 

a written paper for purposes of 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 

filed with the judge; the judge must note the filing date on the motion 

and give it to the clerk.

(4) Clerk’s Refusal of Documents. The clerk must not refuse to accept 

for filing any paper presented for that purpose solely because it is not 

presented in proper form as required by these rules or by any local rule 

or practice.
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FEDERAL RULE OF APPELLATE PROCEDURE 25

(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 

extraordinary 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 filing 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) Nonelectronic service may be any of the following:

(A) personal, including delivery to a responsible person at the office 

of counsel;

(B) by mail;

(C) by third-party commercial carrier for delivery within 3 days; or

(2) Electronic service of a paper may be made (A) by sending it to a 

registered user by filing it with the court’s electronic-filing system or 

(B) by sending it by other electronic means that the person to be served 

consented to in writing.

(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 file 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 

filing or sending, unless the party making service is notified that the 

paper was not received by the party served.
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FEDERAL RULE OF APPELLATE PROCEDURE 25

(d) Proof of Service.

(1) A paper presented for filing must contain either of the following:

(A) an acknowledgment of service by the person served; or

(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 filed by mailing or dispatch in accordance 

with Rule 25(a)(2)(A)(ii), 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 affixed to the papers filed.

(e) Number of Copies. 

When these rules require the filing or furnishing of a number of copies, a 

court may require a different number by local rule or by order in a particular 

case.
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FEDERAL CIRCUIT RULE 25

Rule 25. Filing and Service

(a) Filing in General; Payment of Fees; Registration; Admission to Bar.

(1) Filing in General; Payment of Fees. Except as noted below, parties 

represented by counsel must submit all documents, including appeals 

and petitions when applicable, through Case Management/Electronic 

Case Filing (CM/ECF). Pro se parties must submit any documents in 

paper form, providing one copy to the court. Payment of any required 

fees must be made by counsel through pay.gov. Instructions are 

available on the court’s website concerning use of pay.gov. Payment of 

any required fees must be made by pro se parties through check or 

money order. See also Federal Circuit Rule 52. A User’s Guide for 

CM/ECF and instructions for the use of pay.gov are posted on the 

court’s website.

(2) Registration; Admission to Bar. Attorneys who appear before this 

court must register for the court’s CM/ECF system. Registration 

requirements are posted on the court’s website. Registration for 

CM/ECF is not a substitute for counsel’s application for admission to 

the bar or entry of appearance in a case. Applications for admission to 

the bar must be filed using the CM/ECF system by following the 

instructions posted on the court’s website.

(b) Case-initiating Documents. 

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

petitions for writs of mandamus, and motions for stays or injunctions under 

Fed. R. App. P. 8 or 18, are considered case-initiating documents if the appeal 

or petition has not otherwise been opened.

(1) Submissions by Counsel. Case-initiating documents must be filed in 

Portable Document Format (PDF) by parties represented by counsel 

through CM/ECF and pay.gov. See the instructions on the court’s 

website for how to file a case-initiating document through CM/ECF 

and pay the fees through pay.gov. A case-initiating document is 

considered filed at the time and date registered by CM/ECF. No paper 

copy is required.

(2) Submissions by Pro Se Parties. Case-initiating documents 

submitted by pro se parties must be provided to the court in paper. 

Only one copy is required. The paper document must be served on 
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FEDERAL CIRCUIT RULE 25

opposing counsel at the same time it is mailed or delivered to the 

court.

(c) All Other Documents.

(1) Submissions by Counsel. All other documents must be submitted in 

PDF through the court’s electronic filing system. A document filed 

electronically is deemed filed on the date and time stated on the Notice 

of Docket Activity from the court. Unless a time for filing is specified 

by the court, filing must be completed before midnight Eastern Time to 

be considered timely filed on that day.

For documents covered by this subsection (c)(1), counsel must not 

submit paper copies except as required by court order or by the 

following provisions.

(A) Briefs. In cases to be heard by a three-judge panel, six paper 

copies are required to be provided to the court within five 

business days of the court’s issuance of a notice requesting 

paper copies.

(B) Appendices. In cases to be heard by a three-judge panel, six 

paper copies are required to be provided to the court within five 

business days of the court’s issuance of a notice requesting 

paper copies.

(C) Petitions for Panel Rehearing. Three paper copies are 

required to be provided to the court within two business days of 

filing the petition through CM/ECF, unless otherwise ordered.

(D) Petitions for En Banc Hearing or Rehearing. Eighteen 

paper copies are required to be provided to the court within two 

business days of the filing of the petition through CM/ECF, 

unless otherwise ordered.

(E) Combined Petition for Panel Rehearing and Rehearing 

En Banc. Unless otherwise ordered, 18 paper copies are 

required to be provided to the court within two business days of 

the filing of the petition through CM/ECF.

(F) Briefs in En Banc Cases. If the court grants a petition for 

hearing en banc, unless otherwise ordered, 28 paper copies of all 

briefs and appendices shall be filed within five business days of 
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FEDERAL CIRCUIT RULE 25

the court’s acceptance of the electronic brief. If the court grants 

a petition for rehearing en banc, unless otherwise ordered, 28 

paper copies of the original briefs and appendices (in cases 

where briefs were filed in CM/ECF prior to the court’s order 

granting an en banc rehearing) shall be filed within seven 

business days of the court’s order granting en banc rehearing. 

Additionally, if the court grants a petition for rehearing en banc, 

28 paper copies of any ordered supplemental briefs, appendices, 

and amicus briefs must be filed within five business days of the 

court’s acceptance of the electronic brief or appendices. If a brief 

is accompanied by a motion for leave, paper copies of the motion 

shall also be submitted in the quantity required of the brief by 

this subsection.

(G) Confidential Versions. If confidential and nonconfidential 

versions of the briefs, appendices, or petitions were filed through 

CM/ECF, paper copies of only the confidential version(s) are 

required to be submitted to the court. One paper copy of the 

confidential version of any document submitted to the court 

through CM/ECF must be served on any party, whether that 

party is or is not represented by counsel, except if that party or 

its counsel has not been authorized access to the confidential 

information under a governing protective order. Electronic 

access to confidential versions of documents is restricted to the 

court only.

(H) Other Documents. Exhibits, attachments, or appendices that 

are not in a format that readily permits electronic filing—such 

as those which are illegible when scanned or which, because of 

their odd shape, are unable to be scanned—may be filed in 

paper form without leave of court. Counsel must then file 

electronically a Notice of Paper Filing. The party must serve 

documents filed pursuant to this subsection by providing two 

paper copies to all other parties. If such documents are 

submitted with a brief or appendix, then an original and six 

copies must be filed within five business days of electronic 

submission of the Notice of Paper Filing. For all other filings of 

documents that may not be scanned, an original and three 

copies must be filed.

(I) Motion for Exemption. A motion for exemption from the 

court’s CM/ECF requirements may be submitted in paper form. 

Only one paper copy is required. Upon a showing of good cause, 
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FEDERAL CIRCUIT RULE 25

the court may exempt a party from CM/ECF requirements and 

authorize filing by means other than use of CM/ECF.

(J) Technical or System Failures. A CM/ECF filer whose filing is 

made untimely as the result of a technical or system failure may 

seek appropriate relief from the court, and must include in that 

submission a declaration or affidavit attesting to the filer’s 

failed attempts to file electronically.

(K) Corrected Versions. If a party has not yet filed paper copies of 

a document and that party has electronically filed a corrected 

version of that document, only paper copies of the corrected 

version must be provided to the court.

(L) Sanctions for Failure to Comply. Failure to comply with the 

court’s rules may result in dismissal of the appeal or other 

action as deemed appropriate by the court. For example, failure 

to timely provide the required paper copies of a brief or 

appendix may result in dismissal of the appeal or in the case 

proceeding solely on the appellant’s opening brief.

(2) Submissions by Pro Se Parties. All documents from pro se parties 

must be provided to the court in paper form. The court will scan the 

documents provided by the pro se parties and place them on the 

electronic docket. The court will discard other paper documents once 

they have been scanned and made a part of the official record unless 

the electronic file thereby produced is incomplete or of questionable 

quality in accordance with judiciary records management policies.

(A) Facsimile and Email Transmission. A motion, response to a 

motion, reply to a response, or letter may be filed by email or 

facsimile transmission if submitted by a pro se party. The 

certificate of service must state whether a copy has been served 

on all parties by email or facsimile transmission. No other 

document, including for example an appeal or petition, may be 

filed or served by email or facsimile. A petition or appeal 

submitted by a pro se party must be filed with the court by mail 

or delivery, and the court must receive the document by the 

due date.

(B) Copies. Unless otherwise ordered in a particular case, three 

paper copies of any briefs, appendices, or petition for rehearing 

must be submitted to the court by a pro se party on or before the 
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FEDERAL CIRCUIT RULE 25

due dates provided in these rules. For all other documents, 

including for example motions or letters, only one paper copy is 

required.

(3) Entries by the Court. Unless otherwise provided, all orders, 

opinions, judgments, and other court-issued documents in cases 

maintained in the CM/ECF system will be issued electronically. Such 

issuance constitutes entry on the docket kept by the clerk of court. 

Electronic transmission of the Notice of Docket Activity constitutes 

any notice and service required by the court’s rules. Any document 

released electronically by the court without the original signature of a 

judge, clerk of court, or authorized court representative shall have the 

same force and effect as if signed. The clerk of court shall give notice in 

paper form to a person who is not an electronic filer.

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

may require the filing of a corrected copy of any submission that fails 

to comply with the court’s rules or the Electronic Filing Procedures. If 

a party fails to file a timely corrected copy in response to a notice 

requiring correction from the clerk of court, the clerk of court may 

strike the non-compliant document from the docket. The clerk of court 

may also edit docket entries to correct or add text or attachments and 

any such revision will be identified on the docket.

(d) Format of Documents; Signatures. 

Documents filed electronically and in paper must comply with the format 

requirements set forth in the Federal Rules of Appellate Procedure, the 

Federal Circuit Rules, and any other requirements established by the court 

or by the CM/ECF User Manual. Where the court’s rules require a signature 

on a document, the name of the filer whose log-in and password is used to 

submit a document may be preceded by “/s/” and typed in the space where the 

signature would otherwise appear.

(e) Service.

(1) Documents Submitted by Counsel. Registration as a CM/ECF filer 

constitutes consent to electronic service of all documents. If a 

document is filed by counsel through CM/ECF, the Notice of Docketing 

Activity generated by that filing constitutes service on opposing 

counsel. A certificate of service should indicate that the document was 
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FEDERAL CIRCUIT RULE 25

served through CM/ECF. Service of a filing to an invalid email address 

constitutes valid service if the individual has failed to timely provide a 

current email address. If one of the other parties is proceeding pro se, 

then counsel must serve a paper copy of any document as provided in 

Federal Rules of Appellate Procedure 25(c), (d), and a certificate of 

service must be included to explain how service was achieved on the 

pro se party. If a document is filed and served electronically on a nonbusiness day, timeliness and calculation of any responsive deadlines 

will begin on the next business day. Three additional days are NOT 

added to the time to file a responsive document because the court 

considers service by email through CM/ECF to be delivered when 

transmitted.

(2) Documents Submitted by Pro Se Parties. A copy of any document 

submitted to the court by a pro se party must be mailed, delivered or 

transmitted by the pro se party to all other parties as provided in 

Federal Rules of Appellate Procedure 25(c), (d). A certificate of service 

is required to be included with the document to explain how the 

document was provided to the other parties in the case. See Form 30.

(f) Privacy. 

Unless ordered otherwise, all parties (including pro se parties) must refrain 

from including or must redact the following personal data identifiers from 

documents filed with the court: Social Security numbers; financial account 

numbers; names of minors (use instead the minor’s initials); dates of birth 

(use the year only); home addresses (use the city and state only). If a party 

refers to materials in appendices that a party determines for good reason and 

in compliance with court rules should not be made available to the public on 

the Internet through PACER, then two versions of the appendices must be 

filed: a nonconfidential public version with the sensitive materials redacted, 

and an unredacted confidential version of the full document. The 

responsibility for redacting restricted or sensitive materials from documents 

and assuring that all materials contained in the public version of documents 

rests solely with the parties and counsel. The clerk of court will not review 

documents filed for compliance with this requirement.
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FEDERAL CIRCUIT RULE 25

(g) Retention of Documents. 

Documents that are electronically filed and require original signatures other 

than that of the CM/ECF filer (such as an affidavit signed by a person other 

than the CM/ECF filer) must be maintained in paper form by the CM/ECF 

filer until the case is terminated with finality and with no right of appeal or 

until such later date as the court prescribes. On request of the court, the 

CM/ECF filer must provide original documents for review.

Practice Notes to Rule 25

LOCATION OF CLERK’S OFFICE; HOURS OF OPERATION; NIGHT BOX.

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

Place, NW, Washington, DC 20439, and is open from 8:30 a.m. to 4:30 p.m. on 

workdays. After the office closes on workdays, papers may be deposited until 

midnight in a night box at the garage entrance on H Street NW, between 15th 

Street and Madison Place.

CLERK’S MAILING ADDRESS. 

Address mail as follows:

Clerk of Court

United States Court of Appeals for the Federal Circuit

717 Madison Place NW

Washington, DC 20439

The clerk of court will not pay postage due.

CLERK’S FACSIMILE NUMBER. 

Documents which Federal Circuit Rule 25 permits to be sent by facsimile to the 

clerk of court by pro se parties should be sent to: 202-275-9678. Note that appeals 

and petitions for review may NOT be filed by facsimile.

CLERK’S OFFICE EMAIL. 

Email address (prose@cafc.uscourts.gov) may only be used by pro se filers.
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Federal Circuit Rules of Practice (December 1, 2018) Page 74

Practice Notes to Rule 25

PROOF OF SERVICE. 

Each brief, petition, motion, response, or reply must contain proof of service. If filed 

by counsel through CM/ECF, the certificate of service may state that the brief or 

other document was filed through CM/ECF and thereby served electronically. If 

filed by or to a pro se party, the certificate must state how the document was mailed 

or delivered. The original filed pro se with the court must be signed.

RETURN COPY MARKED RECEIVED. 

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

marked “received,” the clerk of court will mark it received and return it. If the filing 

is by mail or if the night box is used, a self-addressed, postage-paid (first class) 

return envelope must accompany the request.

FILING REVIEW AND CORRECTION BY THE CLERK. 

The clerk of court may review material submitted for filing and require correction to 

conform with the Federal Rules of Appellate Procedure and the Federal Circuit 

Rules. The clerk of court will issue a notice advising of the nature of the 

nonconformity and guidelines for resubmission. Opposing counsel will be notified of 

the required correction. 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 pro se filer 

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 filing 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).

PRO SE PARTIES WHO ARE ATTORNEYS. 

If a pro se party is also an attorney, that individual may use CM/ECF only if the 

attorney is registered as a member of the court’s bar and if the attorney enters an 

appearance. If the pro se party who also happens to be an attorney is not registered 

as a member of the bar, that pro se party must proceed by following the rules 

applicable to pro se parties and thus may not use CM/ECF.
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Federal Circuit Rules of Practice (December 1, 2018) Page 75

Practice Notes to Rule 25

PAPER COPIES OF BRIEFS AND APPENDICES.

Counsel should not submit paper copies of any briefs or appendices required under 

Federal Circuit Rule 25(c)(1)(A)-(B) until after the court issues a notice indicating 

that the copies are due and the deadline for filing these copies. In typical, nonexpedited cases, the clerk of court issues this notice shortly after briefing concludes. 

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

en banc rehearing are due after the filing of the electronic version as required by 

Federal Circuit Rule 25(c)(1)(C)-(F). Unrepresented parties must provide paper 

copies at the time for filing of the original brief.

FEDERAL RULE OF APPELLATE PROCEDURE 26

Rule 26. Computing and Extending Time

(a) Computing Time. 

The following rules apply in computing any time period specified 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 
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FEDERAL RULE OF APPELLATE PROCEDURE 26

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 Office. Unless the court orders 

otherwise, if the clerk’s office is inaccessible:

(A) on the last day for filing under Rule 26(a)(1), then the time for 

filing is extended to the first accessible day that is not a 

Saturday, Sunday, or legal holiday; or

(B) during the last hour for filing under Rule 26(a)(2), then the time 

for filing is extended to the same time on the first accessible day 

that is not a Saturday, Sunday, or legal holiday.

(4) ‘‘Last Day’’ Defined. Unless a different time is set by a statute, local 

rule, or court order, the last day ends:

(A) for electronic filing in the district court, at midnight in the 

court’s time zone;

(B) for electronic filing in the court of appeals, at midnight in the 

time zone of the circuit clerk’s principal office;

(C) for filing under Rules 4(c)(1), 25(a)(2)(A)(ii), and 

25(a)(2)(A)(iii)—and filing by mail under Rule 13(a)(2)—at the 

latest time for the method chosen for delivery to the post office, 

third-party commercial carrier, or prison mailing system; and

(D) for filing by other means, when the clerk’s office is scheduled to 

close.

(5) “Next Day” Defined. 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” Defined. “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, 
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FEDERAL RULE OF APPELLATE PROCEDURE 26

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 office.

(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 file:

(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 officer of the United States, unless 

specifically authorized by law.
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FEDERAL RULE OF APPELLATE PROCEDURE 26

(c) Additional Time after Certain Kinds of Service. 

When a party may or must act within a specified time after being served, 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 treated as delivered on the date of service stated in the proof of service.

FEDERAL CIRCUIT RULE 26

Rule 26. Computing and Extending Time

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

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

of the court or the chief judge. Such an order will be posted publicly.

(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 affidavit or 

unsworn declaration under penalty of perjury under 28 U.S.C. § 1746 

that describes the extraordinary circumstances.

(2) Before filing 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 filed.

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

(A) the date to be extended;

(B) the revised date sought;
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FEDERAL CIRCUIT RULE 26

(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 affidavit 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.

(c) Electronic Service of Documents by Counsel Through CM/ECF. 

Three additional days are NOT added to the time to file a responsive 

document, when the original document was filed through CM/ECF, because 

the court considers service by email through CM/ECF to be delivered when 

transmitted.

Practice Notes to Rule 26

OPPOSITION TO EXTENSION. 

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

promptly. The court will not necessarily wait for an opposition before ruling on a 

motion.

BENEFIT OF TIMELY EXTENSION REQUEST. 

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

appeal will not be dismissed for failure to file appellant’s brief if appellant’s motion 

to extend the time for filing was filed and served at least seven 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.
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Practice Notes to Rule 26

COURT ORDER. 

Federal Rule of Appellate Procedure 26(c) does not apply when a court order 

requires action within a specified time; the due date is as specified in the order.

EXTENSION TO RESOLVE CONFIDENTIALITY ISSUES. 

The Court will grant a 5-day extension of time to file any brief, motion, response, or 

reply upon certification by counsel for the filer that additional time is needed to 

resolve confidentiality issues.

FEDERAL RULE OF APPELLATE PROCEDURE 26.1

Rule 26.1 Corporate Disclosure Statement

(a) Who Must File. 

Any nongovernmental corporate party to a proceeding in a court of appeals 

must file a statement that identifies 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 file the Rule 26.1(a) statement with the principal brief or upon 

filing a motion, response, petition, or answer in the court of appeals, 

whichever occurs first, unless a local rule requires earlier filing. Even if the 

statement has already been filed, 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.
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FEDERAL RULE OF APPELLATE PROCEDURE 26.1

(c) Number of Copies. 

If the Rule 26.1(a) statement is filed before the principal brief, or if a 

supplemental statement is filed, the party must file an original and 3 copies 

unless the court requires a different number by local rule or by order in a 

particular case.

FEDERAL CIRCUIT RULE 26.1

Rule 26.1. Corporate Disclosure Statement

The corporate disclosure statement must be included in the certificate of 

interest prescribed in Federal Circuit Rule 47.4. A certificate of interest must 

be filed 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. Each brief, petition or motion filed by counsel must 

also include a certificate of interest. A party represented by counsel must file 

an amended certificate of interest promptly when any of the information 

required by the certificate changes.

Practice Notes to Rule 26.1

CERTIFICATE OF INTEREST. 

The requirements of Federal Rule of Appellate Procedure 26.1 are satisfied by filing 

a certificate of interest under Federal Circuit Rule 47.4. See Form 9.

TIMELY UPDATES. 

The court uses the Certificate of Interest to determine when recusal of a judge may 

be appropriate. Thus, timely correction and updating of the certificate is required to 

identify potential conflicts.
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FEDERAL RULE OF APPELLATE PROCEDURE 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 affidavit or other paper necessary to support a 

motion must be served and filed 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 filed.

(ii) A notice of motion is not required.

(iii) A proposed order is not required.
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FEDERAL RULE OF APPELLATE PROCEDURE 27

(3) Response.

(A) Time to File. Any party may file a response to a motion; Rule 

27(a)(2) governs its contents. The response must be filed 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 Affirmative Relief. A response may include a 

motion for affirmative 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 filed within 7 

days after service of the response. A reply must not present matters 

that do not relate to the response.

(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 specified types of 

procedural motions. A party adversely affected by the court’s, or the clerk’s, 

action may file a motion to reconsider, vacate, or modify that action. Timely 

opposition filed 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 filed.

(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. 
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FEDERAL RULE OF APPELLATE PROCEDURE 27

(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 filed. 

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 flat when open.

(D) Paper Size, Line Spacing, and Margins. The document 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.

(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) Length Limits. Except by the court’s permission, and excluding the 

accompanying documents authorized by Rule 27(a)(2)(B): 

(A) a motion or response to a motion produced using a computer 

must not exceed 5,200 words; 

(B) a handwritten or typewritten motion or response to a motion 

must not exceed 20 pages; 

(C) a reply produced using a computer must not exceed 2,600 words; 

and 
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FEDERAL RULE OF APPELLATE PROCEDURE 27

(D) a handwritten or typewritten reply to a response must not 

exceed 10 pages.

(3) Number of Copies. An original and 3 copies must be filed 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.

FEDERAL CIRCUIT RULE 27

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 

short caption may be used. For any other motion, the official 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 file a response;

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

(7) the certificate of interest. The certificate of interest (see Federal 
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FEDERAL CIRCUIT RULE 27

Circuit Rule 47.4) must be included in each motion;

(8) supporting affidavit. If the facts relied on in the motion are subject to 

dispute, an affidavit 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 filed 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

(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 word 

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.
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FEDERAL CIRCUIT RULE 27

(e) Motion to Strike; Response. 

A motion to strike all or part of a brief, except to strike scandalous matter, is 

prohibited as long as the party seeking to strike has the right to file a 

responsive brief in which the objection could be made. A response, if any, in 

opposition to a motion to strike must be included in the responsive brief if 

one is authorized, or may be filed if leave is sought and obtained, or may be 

made at oral argument.

(f) Motion to Dismiss 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 filed 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 of Court. 

The clerk of court is authorized to act on any procedural motion or unopposed 

nonprocedural motion, but may not act on an opposed nonprocedural motion 

or any motion that requires action by a judge or panel of judges. The clerk of 

court may also direct an expedited response to a motion or petition and may 

direct the parties to show cause why an appeal or petition should not be 

dismissed. Even if the clerk of court is authorized to act on a particular 

motion, the clerk of court may nonetheless refer the matter to a judge or 

panel, or may defer the matter to the merits panel, when appropriate.
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FEDERAL CIRCUIT RULE 27

(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. 

No paper copies are required to be provided to the court for any motion, 

response, or reply that is submitted by counsel through CM/ECF. If a motion, 

response or reply is filed by a pro se party, then one paper copy must be 

provided by the court.

(k) Application for Consideration, Vacation, or Modification of

Procedural Order. 

A party adversely affected by a procedural order entered on a motion without 

awaiting the response time or by an order of the clerk of court 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 file a motion for reconsideration within 14 days of the 

entry of the order.

(m) Motions Containing Material Subject to a Protective Order.

(1) Confidentiality.

(A) Except as provided herein, no material in a motion, response, or 

reply shall be marked confidential, including references to 

information previously treated as confidential pursuant to a 

protective order. The exceptions are as follows: In cases other 

than those arising under 19 U.S.C. § 1516a or 28 U.S.C. 

§ 1491(b), each motion, response, or reply may mark confidential 

up to fifteen (15) words (including numbers) if the information 

(1) was treated in the matter under review as confidential 
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FEDERAL CIRCUIT RULE 27

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

such marking is authorized by statute, administrative 

regulation, or court rule (such as Federal Rule of Civil Procedure 

26(c)(1)). When words are marked confidential in a motion, 

response, or reply, repeating the marked words in the same 

motion, response, or reply shall not add to the count toward the 

fifteen-word allotment. A response need not count toward its 

allotment any words that were already marked confidential in 

the motion to which it responds; a reply need not count words 

that were marked confidential in the response but not in the 

motion. A party seeking to mark confidential more than fifteen 

words must file a motion with this court establishing that the 

additional confidentiality markings are appropriate and 

necessary pursuant to a statute, administrative regulation, or 

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

cannot be properly developed without additional disclosure of 

confidential information in the motion, response, or reply, and 

public disclosure will risk causing competitive injury. Such a 

motion shall be made contemporaneously with the filing of the 

underlying motion, response, or reply, and the marked material 

shall be treated as confidential until the court acts on the 

motion. If the motion to mark additional material confidential is 

denied in whole or in part, an amended motion, response or 

reply shall be filed within ten (10) days of the action on the 

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

§ 1491(b), each motion, response, or reply may mark confidential 

up to fifty (50) words (including numbers). 

(B) Attachments and exhibits to a motion, response, or reply may be 

marked confidential to the extent permitted for appendix 

material under Federal Circuit Rule 30(h).

(2) Two Versions of the Motions Documents. If a party refers in a 

motion to material subject to confidentiality as permitted by Federal 

Circuit Rule 27(m)(1) two versions of motions documents must be filed.

(A) Confidential Version; One version of motion documents must 

be labeled “confidential” and filed with the court. If 

confidentiality 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 
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FEDERAL CIRCUIT RULE 27

indicate this material by highlighting.

(B) Nonconfidential Version; The second version of motion 

documents from which confidential matter has been deleted, 

must be labeled “nonconfidential” and filed 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 nonconfidential motion or response must 

describe the general nature of the confidential material that has 

been deleted.

(3) Service. Each party to the appeal must be served two copies of the 

confidential motion documents if otherwise permitted by the applicable 

protective order.

(4) Availability to the Public. The confidential motion documents will 

be made available only to authorized court personnel and must not be 

made available to the public. After five years following the end of all 

proceedings in the court, the parties may be directed to show cause 

why confidential motion papers (except those protected by statute) 

should not be made available to the public.

Practice Notes to Rule 27

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.
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Practice Notes to Rule 27

AUTHORITY TO ACT ON MOTIONS; MOTIONS REFERRED TO PANEL. 

Neither the clerk of court nor the court is required to grant relief just because the 

parties agree it should be granted. The clerk of court’s authority to act on 

procedural or unopposed nonprocedural motions includes the authority to grant or 

deny the requested relief in whole or in part or to refer the motion to a judge or a 

panel. 

Examples of procedural motions include motions for extensions of time, motions to 

reform the caption, motions for leave to file 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 affirm judgments, motions for stays of 

injunctions, motions to strike portions of briefs or appendices, motions for leave to 

intervene, motions for leave to file briefs as amici curiae, etc. Motions to exceed the 

permitted word or page limitation for a brief will be decided by a judge. If the clerk 

of court grants a motion to extend the time to file a principal brief by 60 days, no 

further extensions should be anticipated. Once a case is assigned to a merits panel, 

the clerk of court refers all motions to the merits panel.

TELEPHONE INQUIRY ABOUT PENDING MOTIONS; ACCESS TO

ORDERS ON WEBSITE. 

Telephone inquiries about pending motions are discouraged because they divert the 

clerk’s office staff from more pressing duties. Most orders are considered routine 

and counsel may await notification by mail or Notice of Docket Activity (NDA). 

Counsel or the parties may often determine the status of a pending motion and 

obtain copies of court orders through CM/ECF or PACER. Many 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 office of the 

senior staff attorney about a motion. In an emergency, you may call the clerk’s 

office.
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Practice Notes to Rule 27

MOTION TO EXPEDITE PROCEEDINGS. 

While motions to expedite proceedings are not routinely granted, they may be filed 

in an appropriate case. A motion for expedited proceedings is the procedural vehicle 

to request the court to accelerate consideration of an appeal or petition for review, 

and should be filed immediately upon filing of an appeal or petition for review. Such 

a motion is appropriate where the normal briefing and disposition schedule may 

adversely affect one of the parties, such as appeals involving preliminary or 

permanent injunctions, or government contract bid protests. A motion for expedited 

proceedings should be styled as an “Emergency Motion.” Unopposed emergency 

motions should still include a brief review of the grounds for the motion, the specific 

relief sought by way of a proposed briefing schedule, and the legal argument to 

support the motion, per Federal Circuit Rule 27(a)(4). A motion for expedited 

proceedings should also include as part of the relief sought a request for an 

expedited briefing schedule for the motion.

CERTIFICATE OF COMPLIANCE WITH CONFIDENTIALITY

REQUIREMENTS. 

Federal Circuit Rule 27(m) limits the amount of material that can be marked 

confidential in motions, responses and replies. A motion, response or reply 

including confidential material must be accompanied by a certificate that the 

motion, response or reply complies with the word limitation. Federal Circuit Form 

31 is a suggested form of a certificate of compliance with this rule. It is the 

responsibility of the filing party to ensure that its certificate of compliance is 

accurate.
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FEDERAL RULE OF APPELLATE PROCEDURE 28

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 filing dates establishing the timeliness of the appeal or 

petition for review; and

(D) an assertion that the appeal is from a final 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 concise statement of the case setting out the facts relevant to the 

issues submitted for review, describing the relevant procedural 

history, and identifying the rulings presented for review, with 

appropriate references to the record (see Rule 28(e));

(7) 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;

(8) the argument, which must contain:
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FEDERAL RULE OF APPELLATE PROCEDURE 28

(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);

(9) a short conclusion stating the precise relief sought; and

(10) the certificate of compliance, if required by Rule 32(g)(1).

(b) Appellee’s Brief. 

The appellee’s brief must conform to the requirements of Rule 28(a)(1)–(8) 

and (10), except that none of the following need appear unless the appellee is 

dissatisfied with the appellant’s statement:

(1) the jurisdictional statement;

(2) the statement of the issues;

(3) the statement of the case; and

(4) the statement of the standard of review.

(c) Reply Brief. 

The appellant may file a brief in reply to the appellee’s brief. Unless the court 

permits, no further briefs may be filed. A reply brief must contain a table of 

contents, with page references, and a table of authorities—cases 

(alphabetically arranged), statutes, and other authorities—with references to 

the pages of the reply brief where they are cited.
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FEDERAL RULE OF APPELLATE PROCEDURE 28

(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 filed with the 

appellant’s brief must be to the pages of the appendix. If the appendix is 

prepared after the briefs are filed, 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 identified, 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]
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FEDERAL RULE OF APPELLATE PROCEDURE 28

(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 significant authorities come to a party’s attention after the 

party’s brief has been filed—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 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.
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FEDERAL CIRCUIT RULE 28

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 certificate 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 final or, if not final, the basis for 

appealability (e.g., preliminary injunction, Fed. R. Civ. P. 54(b) 

certification of final judgment as to fewer than all of the claims or 

parties, etc.);

(6) the statement of the issues;

(7) the statement of the case setting out the facts relevant to the issues, 

including the citation of any published decision of the trial tribunal in 

the proceedings;

(8) the summary of the argument;

(9) the argument, including statement of the standard of review;

(10) the conclusion and statement of relief sought;

(11) the judgment, order, or decision in question, and any opinion, 

memorandum, or findings 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). Addendum material must be paginated with 
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FEDERAL CIRCUIT RULE 28

the corresponding appendix page numbers following the numbering 

format specified in Federal Circuit Rule 30(b)(4)(E), e.g. “Appx134,” 

“Appx3-17,” or “SAppx1185”;

(12) the proof of service (see Federal Rule of Appellate Procedure 25(d)); 

and

(13) the certificate of compliance, if required by Federal Rule of Appellate 

Procedure 32(g)(1).

(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 specific 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 file an extended brief and grants 

it only for extraordinary reasons. Unless the order granting a motion to file 

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) Confidentiality.

(A) Except as provided herein, no material in briefs shall be marked 

confidential, including references to information previously 

treated as confidential pursuant to a protective order. The 

exceptions are as follows: In cases other than those arising 

under 19 U.S.C. § 1516a or 28 U.S.C. § 1491(b), each brief may 

mark confidential up to fifteen (15) words (including numbers) if 

the information (1) was treated in the matter under review as 

confidential pursuant to a judicial or administrative protective 
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FEDERAL CIRCUIT RULE 28

order and (2) such marking is authorized by statute, 

administrative regulation, or court rule (such as Federal Rule of 

Civil Procedure 26(c)(1)). When words are marked confidential 

in a brief, repeating the marked words in the same brief shall 

not add to the count toward the fifteen-word allotment. A brief 

need not count toward its allotment words that were marked 

confidential for the first time in the briefing cycle in an 

immediately preceding brief to which it is responding. A party 

seeking to mark confidential more than fifteen words in any 

brief must file a motion with this court establishing that the 

additional confidentiality markings are appropriate and 

necessary pursuant to a statute, administrative regulation, or 

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

cannot be properly developed without additional disclosure of 

confidential information in the brief, and public disclosure will 

risk causing competitive injury. Such a motion shall be made 

contemporaneously with the filing of the brief, and the marked 

material shall be treated as confidential until the court acts on 

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

amended brief shall be filed within ten (10) days of the action on 

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

U.S.C. § 1491(b), each brief may mark confidential up to fifty 

(50) words (including numbers).

(B) Addendum material may be marked confidential to the extent 

permitted for appendix material. See Federal Circuit Rule 30(h).

(C) For purposes of this subsection (d), petitions for en banc or panel 

rehearing and responses thereto shall be considered to be briefs.

(2) Two Versions of Briefs. If a party refers in a brief to material 

subject to confidentiality as permitted by Federal Circuit Rule 28(d),

then two versions of the briefs must be filed. 

(A) Confidential Version; Labeling; Number of Copies. 

Counsel should file one version of paper briefs, consisting of six 

copies, which must be labeled “confidential.” If confidentiality 

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.
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FEDERAL CIRCUIT RULE 28

(B) Nonconfidential Brief; Labeling; Number of Copies. 

Counsel should file the nonconfidential brief through CM/ECF. 

No paper copies are required if the nonconfidential brief was 

filed through CM/ECF and paper copies of the confidential brief 

were filed, unless otherwise ordered. The nonconfidential brief, 

from which confidential matter has been deleted, must be 

labeled “nonconfidential” and each page from which confidential 

material has been deleted must bear a legend so stating. The 

table of contents of a nonconfidential brief must describe the 

general nature of the confidential material that has been 

deleted.

(3) Service. A nonconfidential brief filed by counsel through CM/ECF is 

served on each party through a Notice of Docket Activity (NDA). Each 

party to the appeal must be served two paper copies of any confidential 

brief when permitted by the applicable protective order.

(4) Availability to the Public. The confidential 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 confidential briefs (except those protected by statute) should not 

be made available to the public.

(5) Agreement to Remove Confidentiality Markings. Before the filing 

of any motion to mark material as confidential and thereafter if a 

motion is filed, the parties shall attempt to reach agreement that 

material should not be marked confidential in briefs or motions 

pursuant to Federal Circuit Rules 11(d) or 17(f).
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FEDERAL CIRCUIT RULE 28

(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 

and must follow the numbering format specified in Federal Circuit Rule 

30(b)(4)(E), e.g., “Appx134,” “Appx3-17” or “SAppx1185.”

(g) Pro Se Briefs; Response.

(1) Informal Brief; Appellee’s Brief. A pro se party may file a formal 

brief or an informal brief, but not both. A pro se party may file an 

informal brief on the form prescribed by the court. When the appellant 

or petitioner files an informal brief, the appellee or respondent may 

elect to file an informal brief. An informal brief filed by an appellee or 

respondent must contain a statement of the case but otherwise follow 

the format prescribed for the pro se party. Three paper copies of an 

informal brief are required to be filed. See Federal Circuit Rule 

25(c)(2)(B).

(2) Formal Brief. If a pro se party chooses to file a formal brief, then an 

informal brief may not be filed. If a formal brief is filed, it must comply 

with the various rules of this court regarding format and content, and 

six paper copies must be filed.
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FEDERAL CIRCUIT RULE 28

(3) Response. In a responsive brief, the respondent must state whether 

or not respondent believes the court has jurisdiction over the petition 

for review, with reasons provided.

(h) Briefs in a Transferred Case. 

When an appeal is transferred to this court by another court of appeals after 

briefs have been filed, the parties may stipulate to proceed on those briefs 

instead of filing briefs prescribed by these rules. The stipulation must be filed 

within 14 days of docketing, and the briefs must be filed by counsel through 

CM/ECF, with the required number of paper copies to follow. See Federal 

Circuit Rule 25(c). The court may order supplemental briefs.

(i) Citation of Supplemental Authorities. 

Any citation of supplemental authorities must be submitted through 

CM/ECF by counsel. If filed by a pro se party, then 3 copies must be filed.

Practice Notes to Rule 28

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 firm, a combined brief must be filed on behalf of all the parties 

represented by that counsel or firm.
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Federal Circuit Rules of Practice (December 1, 2018) Page 103

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 first line of page 43 indicates the dollar 

amount of an alleged revenue loss; the material omitted on page 44 indicates 

the quantity of the party’s inventory and its market share; the material 

omitted in the text on page 45 describes the distributor’s experiences 

concerning the inventories and order lead times; and the material omitted in 

the footnote on page 45 describes non-price factors affecting customers’ 

preferences between competing methods.

JUSTIFICATION FOR CLAIM OF CONFIDENTIALITY. 

Unnecessarily designating material in the briefs and appendix as confidential may 

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

to justify at oral argument any claim of confidentiality.

INCLUSION OF PATENT CLAIMS. 

Any party or intervenor may include the language of a patent or claim at issue 

beginning on the inside of the front cover of the brief (this duplicate language is not 

counted pursuant to Fed. R. App. P. 32(g)(1)), provided the same language is 

included in the brief.

CERTIFICATE OF COMPLIANCE WITH CONFIDENTIALITY 

REQUIREMENTS.

Federal Circuit Rule 28(d) limits the amount of material that can be marked 

confidential in briefs. A brief including confidential material must be accompanied 

by a certificate that the brief complies with the word limitation. Federal Circuit 

Form 31 is a suggested form of a certificate of compliance with this rule. The form 

can be embedded within the brief or filed separately. It is the responsibility of the 

filing party to ensure that its certificate of compliance is accurate.
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FEDERAL RULE OF APPELLATE PROCEDURE 28.1

Rule 28.1 Cross-Appeals

(a) Applicability. 

This rule applies to a case in which a cross-appeal is filed. 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 files a notice of appeal first 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 

modified 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 file a principal 

brief in the appeal. That brief must comply with Rule 28(a).

(2) Appellee’s Principal and Response Brief. The appellee must file a 

principal brief in the cross-appeal and must, in the same brief, respond 

to the principal brief in the appeal. That appellee’s brief must comply 

with Rule 28(a), except that the brief need not include a statement of 

the case unless the appellee is dissatisfied with the appellant’s 

statement.

(3) Appellant’s Response and Reply Brief. The appellant must file 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)–(8) and (10), except that none of the 

following need appear unless the appellant is dissatisfied 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; and
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FEDERAL RULE OF APPELLATE PROCEDURE 28.1

(D) the statement of the standard of review.

(4) Appellee’s Reply Brief. The appellee may file a brief in reply to the 

response in the cross-appeal. That brief must comply with Rule 

28(a)(2)–(3) and (10) 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 filed in a case involving a cross-appeal.

(d) Cover. 

Except for filings by unrepresented parties, the cover of the appellant’s 

principal brief must be blue; the appellee’s principal and response brief, red; 

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), 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 it: 

(i) contains no more than 13,000 words; or 

(ii) 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 it: 

(i) contains no more than 15,300 words; or 

(ii) uses a monospaced face and contains no more than 1,500 

lines of text. 
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FEDERAL RULE OF APPELLATE PROCEDURE 28.1

(C) The appellee’s reply brief is acceptable if it contains no more 

than half of the type volume specified 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(g)(1).

(f) Time to Serve and File a Brief. 

Briefs must be served and filed as follows:

(1) the appellant’s principal brief, within 40 days after the record is filed;

(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 21 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 filing.
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FEDERAL CIRCUIT RULE 28.1

Rule 28.1 Cross-Appeals

(a) Page Limitation.

Unless it complies with Federal Circuit Rule 28.1(b), the appellant's principal 

brief must not exceed 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.

(b) Type-Volume Limitation.

(1) The appellant's principal brief or the appellant's response and reply 

brief is acceptable if:

(A) it contains no more than 14,000 words; or

(B) it uses a monospaced face and contains no more than 1,300 lines 

of text.

(2) The appellee's principal and response brief is acceptable if:

(A) it contains no more than 16,500 words; or

(B) it uses a monospaced face and contains no more than 1,500 lines 

of text.

(3) The appellee's reply brief is acceptable if it contains no more than 

7,000 words.

(c) Certificate of Compliance. 

A brief submitted under this rule must comply with Rule 32(g)(1).
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Practice Notes to Rule 28.1

CROSS-APPEALS. 

A party may file a cross-appeal only when it seeks to modify or overturn the 

judgment of a trial tribunal. Although a party may present additional arguments in 

support of the judgment as an appellee, counsel are cautioned against improperly 

designating an appeal as a cross-appeal when they merely present arguments in 

support of the judgment. See Bailey v. Dart Container Corp., 292 F.3d 1360 (Fed. 

Cir. 2002). Further, counsel are cautioned, in cases involving a proper cross-appeal, 

to limit the fourth brief to the issues presented by the cross-appeal. In all cases, 

counsel should be prepared to defend the filing 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 crossappeal.

CLARIFICATION TO FEDERAL RULE OF APPELLATE PROCEDURE 

28.1(4). 

Where the term “appellee” is used, it refers to the “cross-appellant.”
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FEDERAL RULE OF APPELLATE PROCEDURE 29

Rule 29. Brief of an Amicus Curiae

(a) During Initial Consideration of a Case on the Merits. 

(1) Applicability. This Rule 29(a) governs amicus filings during a court’s 

initial consideration of a case on the merits.

(2) When Permitted. The United States or its officer or agency or a state 

may file an amicus brief without the consent of the parties or leave of 

court. Any other amicus curiae may file a brief only by leave of court or 

if the brief states that all parties have consented to its filing, but a 

court of appeals may prohibit the filing of or may strike an amicus 

brief that would result in a judge’s disqualification.

(3) Motion for Leave to File. The motion must be accompanied by the 

proposed brief and state: 

(A) the movant’s interest; and 

(B) the reason why an amicus brief is desirable and why the 

matters asserted are relevant to the disposition of the case. 

(4) 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 

affirmance or reversal. An amicus brief need not comply with Rule 28, 

but must include the following: 

(A) if the amicus curiae is a corporation, a disclosure statement like 

that required of parties by Rule 26.1; 

(B) a table of contents, with page references; 

(C) a table of authorities—cases (alphabetically arranged), statutes, 

and other authorities—with references to the pages of the brief 

where they are cited; 

(D) a concise statement of the identity of the amicus curiae, its 

interest in the case, and the source of its authority to file; 

(E) unless the amicus curiae is one listed in the first sentence of 

Rule 29(a)(2), a statement that indicates whether: 
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FEDERAL RULE OF APPELLATE PROCEDURE 29

(i) a party’s counsel authored the brief in whole or in part; 

(ii) a party or a party’s counsel contributed money that was 

intended to fund preparing or submitting the brief; and 

(iii) 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, 

identifies each such person; 

(F) an argument, which may be preceded by a summary and which 

need not include a statement of the applicable standard of 

review; and 

(G) a certificate of compliance under Rule 32(g)(1), if length is 

computed using a word or line limit. 

(5) 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 file a 

longer brief, that extension does not affect the length of an amicus 

brief. 

(6) Time for Filing. An amicus curiae must file its brief, accompanied by 

a motion for filing when necessary, no later than 7 days after the 

principal brief of the party being supported is filed. An amicus curiae 

that does not support either party must file its brief no later than 7 

days after the appellant’s or petitioner’s principal brief is filed. A court 

may grant leave for later filing, specifying the time within which an 

opposing party may answer. 

(7) Reply Brief. Except by the court’s permission, an amicus curiae may 

not file a reply brief. 

(8) Oral Argument. An amicus curiae may participate in oral argument 

only with the court’s permission.

(b) During Consideration of Whether to Grant Rehearing.

(1) Applicability. This Rule 29(b) governs amicus filings during a court’s 

consideration of whether to grant panel rehearing or rehearing en 

banc, unless a local rule or order in a case provides otherwise.
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FEDERAL RULE OF APPELLATE PROCEDURE 29

(2) When Permitted. The United States or its officer or agency or a state 

may file an amicus brief without the consent of the parties or leave of 

court. Any other amicus curiae may file a brief only by leave of court.

(3) Motion for Leave to File. Rule 29(a)(3) applies to a motion for leave. 

(4) Contents, Form, and Length. Rule 29(a)(4) applies to the amicus 

brief. The brief must not exceed 2,600 words. 

(5) Time for Filing. An amicus curiae supporting the petition for 

rehearing or supporting neither party must file its brief, accompanied 

by a motion for filing when necessary, no later than 7 days after the 

petition is filed. An amicus curiae opposing the petition must file its 

brief, accompanied by a motion for filing when necessary, no later than 

the date set by the court for the response.
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FEDERAL CIRCUIT RULE 29

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 certificate 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 file 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 filed on consent of all parties, then no motion for leave is 

required and the brief should state, pursuant to Federal Rule of Appellate 

Procedure 29(a), that all parties have consented to its filing.

Practice Note to Rule 29

An amicus curiae must file an entry of appearance and a certificate of interest, if 

applicable. See Federal Circuit Rules 47.3, 47.4, and Forms 8 and 9.
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FEDERAL RULE OF APPELLATE PROCEDURE 30

Rule 30. Appendix to the Briefs

(a) Appellant’s Responsibility.

(1) Contents of the Appendix. The appellant must prepare and file an 

appendix to the briefs containing:

(A) the relevant docket entries in the proceeding below;

(B) the relevant portions of the pleadings, charge, findings, or 

opinion;

(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 filing is deferred under 

Rule 30(c), the appellant must file 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 file 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 filing 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 

filed, 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 
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FEDERAL RULE OF APPELLATE PROCEDURE 30

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.

(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 filed and that the appendix may be filed 21 days after the 

appellee’s brief is served. Even though the filing 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 file 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 

filed, the party must serve and file 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
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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 filed 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 officer was used in a district-court action and 

has been designated for inclusion 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 file.
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FEDERAL CIRCUIT RULE 30

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 filed with the court. The 

rule also authorizes a supplementary video recording media appendix 

under some circumstances.

(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 sufficient 

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 
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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

(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 Office Appeals. In an appeal from the Patent and 

Trademark Office, 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
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(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 file an appendix 

within seven days after the last reply brief is served and filed. When 

there is no cross- appeal, if the appellant does not file a reply brief, the 

appendix must be served and filed within the time for filing the reply 

brief. In a cross appeal, if the cross- appellant does not file a reply 

brief, the appendix must be served and filed within 7 days after the 

time for filing the cross- appellant’s reply brief has expired.

(5) Number of Copies. Six paper copies of the appendix must be filed 

with the court in accordance with Federal Circuit Rule 25(c).

(6) Multi-Volume Appendix: Covers and Page Numbers. A multivolume 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. One paper copy must be served on, or by, each pro se party. 

In a case in which all parties are represented by counsel, service of 

nonconfidential material is made through CM/ECF and no paper 

copies are required to be served on the parties. See Rule 30(h)(3) for 

provisions related to service of confidential appendixes.

(8) Consequence of Failing to File an Appendix. If the appellant fails 

to file an appendix, the clerk of court is authorized to dismiss the case.

(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 

certified 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 
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FEDERAL CIRCUIT RULE 30

counter-designation of additional parts to be included in the appendix.

(3) A designation or counter-designation must not be filed 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 reflecting 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 first page numbers in the designated material must be 

assigned to the judgment or order appealed from and any 

opinion, memorandum, or findings and conclusions supporting 

it.

(D) The table of page numbers or the physical compilation of the 

designated material, whichever is used, must not be filed with 

the court. If all designated material comprises no more than 100 

pages, Federal Circuit Rule 30(d) applies.

(E) The pages of the appendix or supplemental appendix shall be 

numbered by the automated Bates numbering feature of the 

software used to convert the appendix to a .pdf document and 

must be in the format “Appx” or “SAppx” followed by the page 

number(s); e.g., “Appx134,” “Appx3-17,” or “SAppx1385.”

(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 filing 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 must move for an 

extension of time within which to designate the material. An affidavit 

explaining in detail what has been done to expedite transcription of 

the trial proceedings must be attached to the motion.
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FEDERAL CIRCUIT RULE 30

(6) Preparation of Appendix. The appellant must prepare the appendix 

to be filed with the court from the designated material by selecting 

from that material only items required by these rules and pages 

specifically 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 filed 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 findings and 

conclusions supporting it must be placed first in the appendix. (See 

Federal Circuit Rule 28(a)(11) 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 filing 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.
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FEDERAL CIRCUIT RULE 30

(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 filed as provided in Federal Circuit Rule 31(a).

(e) Appendix in a Pro Se Case. 

If an appellant appearing pro se files an inadequate appendix, the appellee 

may file 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 filed an inadequate appendix, the United States or an officer 

or agency of the United States, as the appellee, may file 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 file 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) (A) Confidentiality. Material that retains its status as covered by 

a protective order may be marked confidential in appendices 

(and addenda to briefs). Material that has lost its coverage 

under a protective order under Federal Circuit Rule 11(c) or 

17(e)—based on Federal Circuit Rules 30(h)(1)(B), 27(m)(1), or 
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FEDERAL CIRCUIT RULE 30

28(d)(1)—may not be marked confidential in appendices (or 

addenda).

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

Certificate of Compliance. If any portion of the record in the 

trial court or an agency is subject to a protective order and a 

notice of appeal has been filed, each party must promptly review 

the record to determine whether protected portions need to 

remain protected on appeal. If a party determines that some 

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 or the agency, 

which may issue an appropriate order. Whether or not an 

agreement is reached, each party must file a certificate of 

compliance no later than the time for filing the joint appendix 

stating it complied with this rule. This Federal Circuit Rule 

30(h)(1)(B) does not apply in a case arising under 19 U.S.C. 

§ 1516a, or to third-party information marked as confidential.

(C) 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 trial court. This court, sua sponte, may 

direct the parties to show cause why a protective order should 

not be modified.

(2) Two Versions of Appendices. If a party refers in appendices to 

material subject to confidentiality mandated by statute or to a judicial 

or administrative protective order, consistent with Federal Circuit 

Rule 30(h)(1), two versions of appendices must be filed.

(A) Confidential Version; Labeling; Number of Copies. One set 

of appendices, consisting of six paper copies of the complete 

appendix, must be labeled “confidential” and filed with the 

court. If confidentiality 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 confidential appendix must 

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

appealed from) pertinent excerpts of any statutes imposing 

confidentiality or the entirety of any judicial or administrative 

protective order. Each page containing confidential material 
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FEDERAL CIRCUIT RULE 30

must enclose this material in brackets or indicate this material 

by highlighting.

(B) Nonconfidential Version; Labeling. The second version of 

appendices from which confidential matter has been deleted, 

must be labeled “nonconfidential” and filed 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 

nonconfidential appendix must describe the general nature of 

the confidential material that has been deleted.

(3) Service. In a pro se case, each party to the appeal must be served one 

copy of the nonconfidential appendices and, when permitted by the 

applicable protective order, one copy of the confidential appendices. In 

a case in which all parties are represented by counsel, service is made 

through CM/ECF of a nonconfidential appendix; one paper copy of the 

confidential version must be served.

(4) Availability to the Public. The confidential 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 confidential 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 final order of an administrative agency. The initial 

decision of the administrative judge must also be included in the appendix in 

a Merit Systems Protection Board case.

(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 filed.
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Federal Circuit Rules of Practice (December 1, 2018) Page 124

Practice Notes to Rule 30

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 

filing 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 crossappellant will file a reply brief and, if so, whether it will refer to pages not 

referenced in the briefs already filed, listing any such pages.

DISPENSING WITH THE APPENDIX. 

A motion to dispense with the appendix will be granted only in extraordinary 

circumstances.

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.
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FEDERAL RULE OF APPELLATE PROCEDURE 31

Rule 31. Serving and Filing Briefs

(a) Time to Serve and File a Brief.

(1) The appellant must serve and file a brief within 40 days after the 

record is filed. The appellee must serve and file a brief within 30 days

after the appellant’s brief is served. The appellant may serve and file a 

reply brief within 21 days after service of the appellee’s brief but a 

reply brief must be filed at least 7 days before argument, unless the 

court, for good cause, allows a later filing.

(2) A court of appeals that routinely considers cases on the merits 

promptly after the briefs are filed may shorten the time to serve and 

file briefs, either by local rule or by order in a particular case.

(b) Number of Copies. 

Twenty-five copies of each brief must be filed 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 file 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 filing or service of a different number.

(c) Consequence of Failure to File. 

If an appellant fails to file 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 file a brief will not be heard at oral argument unless the 

court grants permission.
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FEDERAL CIRCUIT RULE 31

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 file its 

initial brief within 60 days after docketing. Docketing a crossappeal does not affect the time for serving and filing the 

appellant’s initial brief.

(B) In an appeal from an agency, the petitioner or appellant must 

serve and file its initial brief within 60 days after the certified 

list or index is served pursuant to Federal Circuit Rule 17(c). 

(C) When two or more appellants or petitioners choose to proceed by 

filing a single brief, the initial brief must be served and filed 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 crossappellant must serve and file 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 file its reply brief within 40 days 

after cross-appellant’s brief is served; and

(B) the cross-appellant must serve and file its reply brief within 21 

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 filed 

within the time prescribed after service of the last of these briefs or, if 

no such brief is filed, after the time expires for filing the last of these 

briefs.
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FEDERAL CIRCUIT RULE 31

(b) Number of Copies. 

Six paper copies of each brief, or three paper copies if filing an informal brief, 

shall be provided to the court in accordance with Federal Circuit Rule 25(c).

(c) Certain Motions Suspend the Due Date of the Next Brief. 

When a motion is filed that, if granted, would terminate the appeal, the time 

to serve and file 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 filed, 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 file an initial brief, the clerk of court 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 filing an informal 

brief must serve and file 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 filing an informal brief must serve and 

file the brief within 21 days after the certified 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 filing 

an informal brief must serve and file the brief within 21 days after 

petitioner’s or appellant’s brief is served or within 21 days after the 

certified 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.
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FEDERAL CIRCUIT RULE 31

(4) Number of Copies. Three paper copies of each informal brief must be 

filed with the court and one copy must be served on each party.

Practice Notes to Rule 31

CONSOLIDATED APPEALS. 

In consolidated appeals in which more than one appellant filed a notice of appeal, 

the opening brief of all appellants will be governed by the docketing date of the last 

filed appeal.

CONSOLIDATED CROSS-APPEALS. 

In consolidated cross-appeals, the briefing schedule is computed according to the 

docketing date of the first appeal.
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FEDERAL RULE OF APPELLATE PROCEDURE 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 finish 

is acceptable if the original is glossy.

(2) Cover. Except for filings 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 filed; and

(F) the name, office address, and telephone number of counsel 

representing the party for whom the brief is filed.

(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 flat 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 
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FEDERAL RULE OF APPELLATE PROCEDURE 32

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.

(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). 

(B) Type-Volume Limitation.

(i) A principal brief is acceptable if it: 

• contains no more than 13,000 words; or 

• 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 specified in Rule 32(a)(7)(B)(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.
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FEDERAL RULE OF APPELLATE PROCEDURE 32

(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 8 1/2 by 11 

inches, and need not lie reasonably flat 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 filed with the court must be signed by the 

party filing 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 and the length limits set by these rules. By local 

rule or order in a particular case, a court of appeals may accept documents 

that do not meet all the form requirements of this rule or the length limits 

set by these rules. 
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FEDERAL RULE OF APPELLATE PROCEDURE 32

(f) Items Excluded from Length. 

In computing any length limit, headings, footnotes, and quotations count 

toward the limit but the following items do not: 

• the cover page; 

• a corporate disclosure statement; 

• a table of contents; 

• a table of citations; 

• a statement regarding oral argument; 

• an addendum containing statutes, rules, or regulations; 

• certificates of counsel; 

• the signature block; 

• the proof of service; and 

• any item specifically excluded by these rules or by local rule. 

(g) Certificate of Compliance. 

(1) Briefs and Papers That Require a Certificate. A brief submitted 

under Rules 28.1(e)(2), 29(b)(4), or 32(a)(7)(B)—and a paper submitted 

under Rules 5(c)(1), 21(d)(1), 27(d)(2)(A), 27(d)(2)(C), 35(b)(2)(A), or 

40(b)(1)—must include a certificate by the attorney, or an 

unrepresented party, that the document complies with the typevolume limitation. The person preparing the certificate may rely on 

the word or line count of the word-processing system used to prepare 

the document. The certificate must state the number of words—or the 

number of lines of monospaced type—in the document. 

(2) Acceptable Form. Form 6 in the Appendix of Forms meets the 

requirements for a certificate of compliance.
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Federal Circuit Rules of Practice (December 1, 2018) Page 133

FEDERAL CIRCUIT RULE 32

Rule 32. Form of Briefs, Appendices, and Other Papers; Length

(a) Nonconforming Brief. 

The clerk of court may require corrections to any brief that has not been 

prepared in conformity with Federal Rule of Appellate Procedure 32; as to 

word count, an appellant’s and appellee’s opening brief is acceptable if it 

contains no more than 14,000 words or uses a monospaced face and contains 

no more than 1,300 lines of text, and an appellant’s reply brief is acceptable if 

it contains no more than 7,000 words.

(b) Exclusion from Type-Volume Limitation. 

In addition to the items listed in Federal Rule of Appellate Procedure 32(f)

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 certificate 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 of court. 

The form contains instructions for preparing and filing an informal brief. An 

informal brief should be typewritten, but block printing or, as a last resort, 

legible handwriting is permitted. An informal brief including continuation 

pages must not exceed 30 pages of typewritten double-spaced text or its 

equivalent.

(d) Form of Appendix. 

Pages in an appendix—even when filing a combined brief and appendix—

may be printed on both sides. To the extent possible, the court encourages 

this.
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FEDERAL CIRCUIT RULE 32

(e) Filing Corresponding Brief on Compact Disc. 

In addition to the filing of a paper brief, a party may file 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 file a corresponding brief must ascertain whether any 

other party consents or objects. If the other parties consent, the filing 

party must promptly file with the court a notice of intent to file a 

corresponding brief. If any other party does not consent, the party 

seeking to file a corresponding brief must promptly file a motion for 

leave with the court. If no response is filed within seven days, the clerk 

will grant the motion for leave to file a corresponding brief. The court 

will deny a motion for leave to file 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 provide hypertext links to the 

complete versions of material that was part of the record below. 

Hypertext links to other material must be confined 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) verifies 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 filed no later 

than the time for filing the joint appendix.

(5) Filing and Service. Except for the time of filing, a corresponding 

brief must be filed and served in the same manner and the same 

number of copies as the paper brief.
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FEDERAL CIRCUIT RULE 32

(6) Single CD-ROM. All parties to an appeal who intend to file a 

corresponding CD-ROM brief are encouraged to cooperate in placing 

all such briefs on a single CD-ROM.

(7) Table of Contents. Parties filing 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.

Practice Notes to Rule 32

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 flat when open; that a 

ring- type binding, plastic or metal, or a binding that protrudes from the front and 

back covers not be used; and that any externally positioned staple be covered with 

tape.

PRINT SIZE OF BRIEFS. 

Counsel should avoid photo-reproduction that reduces the print size of the original 

smaller than the size required by Federal Rule of Appellate Procedure 32.
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Federal Circuit Rules of Practice (December 1, 2018) Page 136

Practice Notes to Rule 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 paper briefs in the clerk’s office. As a last 

resort, briefs may be replaced. Corrected or replacement briefs must also be 

submitted through CM/ECF. The time to file 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 file a “Notice of 

Correction” with the court through CM/ECF and serve any unrepresented party 

with a paper copy, specifically delineating each correction. Any pro se party filing a 

corrected brief must file and original and three paper copies of the corrected brief. 

Any individual making corrections to the paper briefs in the clerk’s office must 

provide written authorization and present proper photo identification.

TESTIMONY IN THE APPENDIX. 

To reduce bulk in the appendix, the use of condensed, columnar transcripts of 

testimony is encouraged.
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Federal Circuit Rules of Practice (December 1, 2018) Page 137

Practice Notes to Rule 32

CERTIFICATE OF COMPLIANCE. 

Federal Rule of Appellate Procedure 32(g) states that the use of Federal Rules of 

Appellate Procedure Form 6 is sufficient to satisfy the requirements of Rule 32(g). 

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 certified count. It is 

the responsibility of the filing party to ensure that its certificate of compliance is 

accurate.

FEDERAL RULE OF APPELLATE PROCEDURE 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,” “nonprecedential,” “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 file and serve a copy of that opinion, order, judgment, or 

disposition with the brief or other paper in which it is cited.
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FEDERAL CIRCUIT RULE 32.1

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 affirmance 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 significantly 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 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 six paper copies of the request must 

be filed with the court unless the request is made by an electronic filer. All 

electronic filers must file documents through CM/ECF in accordance with 

Federal Circuit Rule 25(a)(2). The request will be considered by the panel 
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Federal Circuit Rules of Practice (December 1, 2018) Page 139

FEDERAL CIRCUIT RULE 32.1

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.

Practice Notes to Rule 32.1

FILING AN OPINION. 

An opinion is issued when ready. No particular day of the week is considered a 

“down day.” An opinion is not issued on a holiday, as defined in Federal Rule of 

Appellate Procedure 26 and Federal Circuit Rule 26. The judgment is entered on 

the day the opinion is filed with the clerk of court and transmitted to the parties.

AVAILABILITY OF AN OPINION. 

The court’s precedential and nonprecedential opinions are available in a variety of 

commercially available print and electronic media.

SUBSCRIPTIONS. 

Subscriptions to opinions are not available from the court, but are available from 

several commercial sources.

INFORMATION ABOUT AN OPINION. 

Information about decisions rendered, opinions issued, and actions taken on 

petitions for rehearing is posted daily on the court’s website, www.cafc.uscourts.gov. 

The court’s opinions, rules, and other information are also available on the Federal 

Circuit website.
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Federal Circuit Rules of Practice (December 1, 2018) Page 140

Practice Notes to Rule 32.1

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.

FEDERAL RULE OF APPELLATE PROCEDURE 33

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.
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FEDERAL CIRCUIT RULE 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 first two briefs in an appeal or the first three briefs in a crossappeal are served and filed, 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 filing a separate appendix under Federal 

Circuit Rule 30(a)(4), the parties must file 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.

FEDERAL CIRCUIT RULE 33.1

Rule 33.1. Mediation Guidelines

The court may adopt mediation guidelines with respect to mediation of the 

cases pending before the court. These guidelines shall be binding on the 

parties.
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FEDERAL RULE OF APPELLATE PROCEDURE 34

Rule 34. Oral Argument

(a) In General.

(1) Party’s Statement. Any party may file, 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 

significantly aided by oral argument.

(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 filed 

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.
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FEDERAL RULE OF APPELLATE PROCEDURE 34

(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.
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Federal Circuit Rules of Practice (December 1, 2018) Page 144

FEDERAL CIRCUIT RULE 34

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 file 

a reply brief in anticipation of replying during oral argument, the appellant 

may file 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 of court 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 through 

CM/ECF no later than 14 days before argument of the proposed visual 

aid.

(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 

notice to opposing counsel and notify the clerk of court by letter 

through CM/ECF 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 submitted through 

CM/ECF as a letter and filed no later than 7 days before the oral 

argument. If a party objects, the parties’ submissions will be treated as 

a motion and response and will be referred to the panel.

(4) Scope. This rule does not preclude use of a chalkboard or equivalent 

during oral argument.

(5) Disposition. The clerk of court may dispose of visual aids not removed 

by the parties.
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Federal Circuit Rules of Practice (December 1, 2018) Page 145

Practice Notes to Rule 34

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 filed. Counsel are advised of the firm date of 

hearing approximately 30 days before the session. Once scheduled, a case will not 

be postponed except on motion showing compelling reasons. The clerk’s office will 

issue a Notice of Docket Activity (NDA) when a case is fully briefed. Counsel should 

advise the clerk of court in writing within 7 days of such NDA of scheduling 

conflicts for the next three court weeks, or thereafter as soon as such conflicts are 

known, and should not wait until an actual conflict arises. Counsel requiring a 

courtroom accessible to the disabled, if oral argument is scheduled, should notify 

the clerk of court of this requirement when counsel files 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 office 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 

per side (not per party or attorney), although the court may vary this depending on 

the nature of the case. The court may extend the allotted time during the argument, 

or it may terminate the argument, if it deems it appropriate.

JUSTIFICATION FOR CLAIM OF CONFIDENTIALITY. 

Unnecessarily designating material in the briefs and appendix as confidential may 

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

to justify at oral argument any claim of confidentiality.

CONDUCT OF ORAL ARGUMENT. 

Guidelines for the conduct of oral argument are available on the court’s website and 

should be viewed once a case is assigned for argument. 
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Practice Notes to Rule 34

COPIES OF RECORDINGS AVAILABLE. 

Oral arguments are recorded for the convenience of the court. Recordings are 

available on the court’s website, www.cafc.uscourts.gov, free of charge.

OPEN TO PUBLIC. 

Unless held in camera, oral arguments are open to the public. Those in attendance 

whose attire or behavior reflects adversely on the dignity of the proceedings will be 

asked to leave.

ORAL ARGUMENT ON MOTIONS. 

Oral argument is ordinarily not granted on motions. See Federal Rule of Appellate 

Procedure 27(e).
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Federal Circuit Rules of Practice (December 1, 2018) Page 147

FEDERAL RULE OF APPELLATE PROCEDURE 35

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 disqualified 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 conflicts with a decision of the United States 

Supreme Court or of the court to which the petition is addressed 

(with citation to the conflicting case or cases) and consideration 

by the full court is therefore necessary to secure and maintain 

uniformity of the court’s decisions; or

(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 conflicts with the authoritative decisions of other 

United States Courts of Appeals that have addressed the issue.

(2) Except by the court’s permission: 

(A) a petition for an en banc hearing or rehearing produced using a 

computer must not exceed 3,900 words; and 

(B) a handwritten or typewritten petition for an en banc hearing or 

rehearing must not exceed 15 pages. 
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FEDERAL RULE OF APPELLATE PROCEDURE 35

(3) For purposes of the limits in Rule 35(b)(2), if a party files both a 

petition for panel rehearing and a petition for rehearing en banc, they 

are considered a single document even if they are filed separately, 

unless separate filing 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 filed by the date 

when the appellee’s brief is due. A petition for a rehearing en banc must be 

filed within the time prescribed by Rule 40 for filing a petition for rehearing.

(d) Number of Copies.

The number of copies to be filed must be prescribed by local rule and may be 

altered by order in a particular case.

(e) Response.

No response may be filed 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.
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FEDERAL CIRCUIT RULE 35

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 precedent-setting questions of exceptional 

importance: (set forth each question in a separate sentence).

/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 specific decisions).

Based on my professional judgment, I believe this appeal requires an 

answer to one or more precedent-setting questions of exceptional 

importance: (set forth each question in a separate sentence).

/s/ __________________

ATTORNEY OF RECORD FOR __________________
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FEDERAL CIRCUIT RULE 35

(c) Petition for Hearing or Rehearing En Banc; Response.

(1) Certificate of Interest. A certificate 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 certificate must appear 

immediately following the cover.

(2) Items Excluded from Page or Word Limitation. The following 

items do not count against the page or word limitation in Federal Rule 

of Appellate Procedure 35(b)(2):

(A) the certificate 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 

affirmance without opinion. The copy must be bound with the petition 

as an addendum.

(4) Number of Copies. If only nonconfidential copies are filed, in 

addition to the copy filed through CM/ECF, eighteen copies of a 

petition for hearing or rehearing en banc must be filed with the court. 

If confidential and nonconfidential copies are filed, in addition to the 

copies filed through CM/ECF, eighteen copies of the confidential 

petition and three copies of the nonconfidential petition must be filed 

with the court. Two copies of the confidential petition must be served 

on each party separately represented.
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FEDERAL CIRCUIT RULE 35

(d) Combined Petition for Panel Rehearing and Rehearing En Banc. 

If a party chooses to file 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 filed separately and 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 first 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 first 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;
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FEDERAL CIRCUIT RULE 35

(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 affirmance without opinion sought to be reheard; 

and

(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 first 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 affirmance without opinion sought to be reheard; 

and

(J) the proof of service (see Federal Rule of Appellate Procedure 

25(d)).
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Federal Circuit Rules of Practice (December 1, 2018) Page 153

FEDERAL CIRCUIT RULE 35

(4) Response. If the court requests a response, which must not exceed 

3,900 words if produced using a computer or 15 pages if handwritten 

or typewritten, the preferred contents and organization are:

(A) white cover or first 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) 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 file 

30 paper sets of the briefs and appendices that were before the panel that 

initially heard the appeal, unless the court directs otherwise.

(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 

2,600 words if produced using a computer or 10 pages if handwritten or 

typewritten. Except by the court’s permission or direction, any brief amicus 

curiae or any motion for leave to file a brief amicus curiae must be filed 

within 14 days of the date of filing 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 file the brief must be filed within 14 days of the 

date of filing of the petition.
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Federal Circuit Rules of Practice (December 1, 2018) Page 154

Practice Notes to Rule 35

HEARING OR REHEARING EN BANC. 

The court may sua sponte order that an appeal be initially heard or be reheard en 

banc. The panel or a judge on the panel that is considering a case may at any time 

request the 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 

filed, the petition for panel rehearing is decided first in the same manner as a 

petition for panel rehearing without an accompanying petition for rehearing en 

banc. If the panel grants the requested relief, the petition for rehearing en banc is 

deemed moot.

PETITION FOR REHEARING EN BANC REFERRED TO PANEL. 

A petition for rehearing en banc is presumed to request relief that can be granted 

by the panel that heard the appeal, and action on the petition for rehearing en banc 

will be deferred until the panel has an opportunity to grant the relief requested.

TIMELINESS. 

A petition for hearing or rehearing en banc is filed when the court receives it, not on 

mailing. The clerk of court 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.
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Federal Circuit Rules of Practice (December 1, 2018) Page 155

Practice Notes to Rule 35

WRIT OF CERTIORARI. 

Filing a petition for a panel rehearing or for rehearing en banc is not a prerequisite 

to filing a petition for a writ of certiorari in the Supreme Court.

FEDERAL RULE OF APPELLATE PROCEDURE 36

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 final 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.
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Federal Circuit Rules of Practice (December 1, 2018) Page 156

FEDERAL CIRCUIT RULE 36

Rule 36. Entry of Judgment – Judgment of Affirmance Without Opinion

The court may enter a judgment of affirmance 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 findings that are not clearly erroneous;

(b) the evidence supporting the jury’s verdict is sufficient;

(c) the record supports summary judgment, directed verdict, or 

judgment on the pleadings;

(d) the decision of an administrative agency warrants affirmance 

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.

Practice Note to Rule 36

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.
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Federal Circuit Rules of Practice (December 1, 2018) Page 157

FEDERAL RULE OF APPELLATE PROCEDURE 37

Rule 37. Interest on Judgment

(a) When the Court Affirms. 

Unless the law provides otherwise, if a money judgment in a civil case is 

affirmed, 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 modifies 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.
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Federal Circuit Rules of Practice (December 1, 2018) Page 158

FEDERAL RULE OF APPELLATE PROCEDURE 38

Rule 38. Frivolous Appeal

If a court of appeals determines that an appeal is frivolous, it may, after a 

separately filed motion or notice from the court and reasonable opportunity 

to respond, award just damages and single or double costs to the appellee.

Practice Notes to Rule 38

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 file 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.
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Federal Circuit Rules of Practice (December 1, 2018) Page 159

FEDERAL RULE OF APPELLATE PROCEDURE 39

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;

(2) if a judgment is affirmed, costs are taxed against the appellant;

(3) if a judgment is reversed, costs are taxed against the appellee;

(4) if a judgment is affirmed in part, reversed in part, modified, 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 officer will be assessed 

under Rule 39(a) only if authorized by law.

(c) Costs of Copies. 

Each court of appeals must, by local rule, fix 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 office is located and 

should encourage economical methods of copying.
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Federal Circuit Rules of Practice (December 1, 2018) Page 160

FEDERAL RULE OF APPELLATE PROCEDURE 39

(d) Bill of Costs: Objections; Insertion in Mandate.

(1) A party who wants costs taxed must—within 14 days after entry of 

judgment—file with the circuit clerk, with proof of service, an itemized 

and verified bill of costs.

(2) Objections must be filed 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 finally 

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 benefit 

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 bond or other security to preserve rights pending 

appeal; and

(4) the fee for filing the notice of appeal.
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Federal Circuit Rules of Practice (December 1, 2018) Page 161

FEDERAL CIRCUIT RULE 39

Rule 39. Costs

(a) Notice of Entitlement to Costs. 

When the clerk of court provides notice of judgment or order disposing of an 

appeal, the clerk of court must advise which party or parties are entitled to 

costs.

(b) Bill of Costs; Copies; Objection. 

A party must file the bill of costs on the form prescribed by the court. An 

objection to the bill of costs must not exceed 1,300 words if prepared using a 

computer or 5 pages if handwritten or typewritten.

Practice Notes to Rule 39

COSTS WHEN THE UNITED STATES IS A PARTY. 

28 U.S.C. § 2412(a) authorizes costs to be taxed against the United States; thus, 

costs (as defined in 28 U.S.C. § 1920) may be awarded both for and against the 

United States in this court. 

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.
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Federal Circuit Rules of Practice (December 1, 2018) Page 162

Practice Notes to Rule 39

ALLOWABLE COSTS. 

Costs may be billed for the number of copies of briefs and appendices required to be 

prepared by the court. 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 justified. 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, 4324. The petitioner must 

complete Form 6B to inform the court that the case involves a claim under 

USERRA.
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Federal Circuit Rules of Practice (December 1, 2018) Page 163

FEDERAL RULE OF APPELLATE PROCEDURE 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 filed within 14 days after entry 

of judgment. But in a civil case, unless an order shortens or extends 

the time, the petition may be filed by any party within 45 days after 

entry of judgment if one of the parties is:

(A) the United States;

(B) a United States agency;

(C) a United States officer or employee sued in an official capacity; 

or

(D) a current or former United States officer or employee sued in an 

individual capacity for an act or omission occurring in 

connection with duties performed on the United States’ behalf—

including all instances in which the United States represents 

that person when the court of appeals’ judgment is entered or 

files that petition for that person.

(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.

(4) Action by the Court. If a petition for panel rehearing is granted, the 

court may do any of the following:

(A) make a final disposition of the case without reargument;

(B) restore the case to the calendar for reargument or resubmission; 

or

(C) issue any other appropriate order.
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Federal Circuit Rules of Practice (December 1, 2018) Page 164

(b) Form of Petition; Length. 

The petition must comply in form with Rule 32. Copies must be served and 

filed as Rule 31 prescribes. Except by the court’s permission: 

(1) a petition for panel rehearing produced using a computer must not 

exceed 3,900 words; and 

(2) a handwritten or typewritten petition for panel rehearing must not 

exceed 15 pages.

FEDERAL CIRCUIT RULE 40

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 first 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 

affirmance without opinion sought to be reheard; and

(7) the proof of service (see Federal Rule of Appellate Procedure 25(d)).

(b) Addendum. 

A copy of the opinion or judgment of affirmance without opinion sought to be 

reheard must be bound with the petition for panel rehearing as an 

addendum.
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Federal Circuit Rules of Practice (December 1, 2018) Page 165

FEDERAL CIRCUIT RULE 40

(c) Items Excluded from Page or Word Limitation; Other Material.

(1) Items Excluded. The following items do not count against the page or 

word limitation in Federal Rule of Appellate Procedure 40(b):

(A) the certificate of interest;

(B) the table of contents;

(C) the table of citations;

(D) the addendum containing a copy of the opinion or judgment of 

affirmance 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 3,900 words if 

prepared using a computer or 15 pages if handwritten or typewritten, the 

preferred contents and organization for the answer are:

(1) white cover or first sheet 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 argument; and

(5) the proof of service (see Federal Rule of Appellate Procedure 25(d)).
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Federal Circuit Rules of Practice (December 1, 2018) Page 166

FEDERAL CIRCUIT RULE 40

(e) Time.

Except for a civil case in which the United States or its officer or agency is a 

party, a petition for panel rehearing may be filed within 30 days after entry 

of judgment. If the United States or its officer or agency is a party, a petition 

for panel rehearing may be filed within 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 file three copies of an informal 

petition for panel rehearing in letter form not to exceed 15 typewritten 

double-spaced 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 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 three copies must be filed.

(g) Amicus Curiae Brief.

Except by the court’s permission or direction, an amicus curiae brief 

submitted in connection with a petition for panel rehearing must be 

accompanied by a motion for leave to file and must not exceed 2,600 words if 

produced using a computer or 10 pages if handwritten or typewritten. Except 

by the court’s permission or direction, any brief amicus curiae or any motion 

for leave to file a brief amicus curiae must be filed within 14 days of the date 

of filing 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 file the brief must be filed within 14 days of the date of filing of the 

petition.
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Federal Circuit Rules of Practice (December 1, 2018) Page 167

Practice Notes to Rule 40

PETITION FOR PANEL REHEARING NOT FILED WHEN MAILED. 

A petition for panel rehearing must be received by the court or filed through 

CM/ECF within the time fixed for filing. 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 or the pro se party receives the opinion or 

order. Therefore, Federal Rule of Appellate Procedure 26(c) does not apply. The 

clerk of court may return an untimely petition for panel rehearing.

ACTION BY THE COURT. 

When a petition for panel rehearing is filed, the clerk of court will transmit copies 

to the panel that decided the case. The clerk of court will enter an order denying the 

petition unless a majority of the panel agrees to rehear the case. Rehearing before 

the panel may take place with or without further briefing or oral argument by the 

parties as the court directs. 

FEDERAL RULE OF APPELLATE PROCEDURE 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 certified 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 file 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 by 

order.
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Federal Circuit Rules of Practice (December 1, 2018) Page 168

FEDERAL RULE OF APPELLATE PROCEDURE 41

(c) Effective Date. 

The mandate is effective when issued.

(d) Staying the Mandate Pending a Petition for Certiorari.

(1) Motion to Stay. A party may move to stay the mandate pending the 

filing 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 petition 

would present a substantial question and that there is good cause for a 

stay.

(2) Duration of Stay; Extensions. The stay must not exceed 90 days, 

unless:

(A) the period is extended for good cause; or

(B) the party who obtained the stay notifies the circuit clerk in 

writing within the period of the stay:

(i) that the time for filing a petition has been extended, in 

which case the stay continues for the extended period; or

(ii) that the petition has been filed, in which case the stay 

continues until the Supreme Court’s final disposition.

(3) Security. The court may require a bond or other security as a 

condition to granting or continuing a stay of the mandate.

(4) Issuance of Mandate. The court of appeals must issue the mandate 

immediately on receiving a copy of a Supreme Court order denying the 

petition, unless extraordinary circumstances exist.
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Federal Circuit Rules of Practice (December 1, 2018) Page 169

FEDERAL CIRCUIT RULE 41

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 certified 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.

Practice Note to Rule 41

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.
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Federal Circuit Rules of Practice (December 1, 2018) Page 170

FEDERAL RULE OF APPELLATE PROCEDURE 42

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 filing 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 file 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 fixed by the court.

FEDERAL RULE OF APPELLATE PROCEDURE 43

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 filed or while a proceeding is pending in the court of 

appeals, the decedent’s personal representative may be substituted as 

a party on motion filed 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 filing a notice of appeal, the decedent’s 

personal representative—or, if there is no personal representative, the 

decedent’s attorney of record—may file a notice of appeal within the 

time prescribed by these rules. After the notice of appeal is filed, 

substitution must be in accordance with Rule 43(a)(1).
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FEDERAL RULE OF APPELLATE PROCEDURE 43

(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 filed, an 

appellant may proceed as if the death had not occurred. After the 

notice of appeal is filed, 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 Officer: Identification; Substitution.

(1) Identification of Party. A public officer who is a party to an appeal 

or other proceeding in an official capacity may be described as a party 

by the public officer’s official title rather than by name. But the court 

may require the public officer’s name to be added.

(2) Automatic Substitution of Officeholder. When a public officer who 

is a party to an appeal or other proceeding in an official capacity dies, 

resigns, or otherwise ceases to hold office, the action does not abate. 

The public officer’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.
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Federal Circuit Rules of Practice (December 1, 2018) Page 172

FEDERAL RULE OF APPELLATE PROCEDURE 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, officer, or employee is 

not a party in an official capacity, the questioning party must give written 

notice to the circuit clerk immediately upon the filing 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, officer, or employee is not a 

party in an official capacity, the questioning party must give written notice to 

the circuit clerk immediately upon the filing 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.

Practice Note to Rule 44

RAISING A CONSTITUTIONAL QUESTION IN A BRIEF OR MOTION.

Inclusion of a constitutional challenge in a brief or motion is insufficient to satisfy 

the written notice requirements of Federal Rule of Appellate Procedure 44. Parties 

must file a separate notice before the clerk of court will certify a matter to the 

Attorney General of the United States or the attorney general of a State.
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Federal Circuit Rules of Practice (December 1, 2018) Page 173

FEDERAL RULE OF APPELLATE PROCEDURE 45

Rule 45. Clerk’s Duties

(a) General Provisions.

(1) Qualifications. 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 office.

(2) When Court Is Open. The court of appeals is always open for filing 

any paper, issuing and returning process, making a motion, and 

entering an order. The clerk’s office 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 office be open for specified 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 Office of the United States Courts. The clerk must 

record all papers filed with the clerk and all process, orders, and 

judgments.

(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 Office of the United 

States Courts, with the approval of the Judicial Conference of the 

United States, or by the court.
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FEDERAL RULE OF APPELLATE PROCEDURE 45

(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 office. 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 

filed.
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Federal Circuit Rules of Practice (December 1, 2018) Page 175

FEDERAL CIRCUIT RULE 45

Rule 45. Clerk of Court’s Duties

(a) Dismissal by Clerk of Court; Reconsideration. 

The clerk of court 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 filed 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 file one copy 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 of court may enter an order “For the Court” only when authorized 

by these rules or at the direction of a judge or the court.

(d) Communication with the Court. 

All correspondence and telephone calls about cases and motions and all press 

inquiries must be directed to the clerk of court. 
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Federal Circuit Rules of Practice (December 1, 2018) Page 176

FEDERAL RULE OF APPELLATE PROCEDURE 46

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 file 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 affirmation:

“I, ________________________, do solemnly swear [or affirm] 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.”

(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.
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Federal Circuit Rules of Practice (December 1, 2018) Page 177

FEDERAL RULE OF APPELLATE PROCEDURE 46

(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.

FEDERAL CIRCUIT RULE 46

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.
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FEDERAL CIRCUIT RULE 46

(b) Procedure for Admission.

(1) Motion in Open Court. An attorney may be admitted to the bar in 

open court by appearing personally with a sponsor who is a member of 

the bar of this court and who states the applicant’s qualifications and 

moves the admission. Motions for admission to the bar will be 

entertained at the opening of each session of court.

(2) Written Motion by Member of the Court’s Bar. An attorney may 

be admitted on written motion of a member of the bar of the court who 

states the applicant’s qualifications.

(3) Written Motion by Attorney. An attorney may be admitted on that 

attorney’s own motion, accompanied by a certificate of good standing 

from a court listed in Federal Rule of Appellate Procedure 46(a) or 

Federal Circuit Rule 46(a). The certificate 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 of court will furnish the form.

(4) Oath. Each attorney admitted to the bar of this court must take an 

oath prescribed by the court.

(c) Admission Fee; Pay.gov. 

The fee for admission to the bar of the court and the fee for a duplicate 

certificate are posted on the court’s website. Payment must be made through 

CM/ECF using pay.gov. The applicant will receive a certificate of admission. 

(d) Government Attorney. 

An attorney for any federal, state, or local government office or agency may 

appear before this court in connection with that attorney’s official duties 

without formal admission to the bar of the court.

(e) Change of Name, Address, or Telephone Number. 

An attorney admitted to the bar of this court must promptly notify the clerk 

of court of a change of name, address, email address or telephone number.
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Federal Circuit Rules of Practice (December 1, 2018) Page 179

FEDERAL CIRCUIT RULE 46

(f) Disciplinary Action. 

Disciplinary action against an attorney will be conducted in accordance with 

the Federal Circuit Attorney Discipline Rules.

FEDERAL RULE OF APPELLATE PROCEDURE 47

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 Administrative Office 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 Circuit Rules of Practice (December 1, 2018) Page 180

FEDERAL CIRCUIT RULE 47.1

Rule 47.1. Sessions and Places of Holding Court

(a) Sessions. 

Sessions of the court will be held as the court announces.

(b) Places of Holding Court. 

The court may hold sessions in any place named and permitted in 28 U.S.C. 

§ 48.

FEDERAL CIRCUIT RULE 47.2

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 fields of law within the jurisdiction of the 

court.
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Federal Circuit Rules of Practice (December 1, 2018) Page 181

FEDERAL CIRCUIT RULE 47.3

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 filing of an entry of appearance 

does not apply to government officials who, by reason of their status as 

supervisors or heads of offices, are listed on briefs in their ex officio capacity. 

Documents and matters that are sent by the court will be transmitted only to 

the principal attorney of record.

(b) Petition for Writ of Mandamus or Prohibition. 

The attorney whose name, address, email address and telephone number 

appears first 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 file, within 14 days of docketing, an entry of appearance on the 

form provided by the clerk of court. A pro se party must also file 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 file an entry of appearance within 14 days after 

being retained. An attorney representing a party seeking or permitted 

to intervene, and for each amicus curiae, must file 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 first 

submitted after a case is assigned to a merits panel, the appearance 

will be treated as a motion to appear and will be transmitted to the 

panel, which may choose to reject the entry of appearance. Counsel 
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Federal Circuit Rules of Practice (December 1, 2018) Page 182

FEDERAL CIRCUIT RULE 47.3

must immediately file an updated Entry of Appearance if 

representation changes, including a change in contact information. 

Electronic filers must also report a change in contact information to 

the PACER Service Center. 

(2) Contents. The appearance must include the name of the party or 

parties represented and the name, address, email address, and 

telephone number of the attorney or the pro se party. An attorney’s 

appearance must show the name of the law firm or public or quasipublic legal office with which the attorney is associated. A new entry of 

appearance must be filed and served any time the information on 

record changes.

(3) Certificate of Interest. A certificate of interest must be filed at the 

same time as the first-filed 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 files 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. If 

no attorney has filed an entry of appearance through ECF for a party, 

service of any matters must be made outside of CM/ECF until an 

attorney enters an appearance. In a pro se case, unless an attorney 

files 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, filing a motion with 

the court, and obtaining the court’s consent.
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FEDERAL CIRCUIT RULE 47.3

(d) Signature. 

At least one copy of each brief, petition, motion, application, notice, or other 

paper presented for filing must contain the signature of the pro se party or 

the electronic signature of 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 affidavit of authority or an unsworn declaration of authority 

under penalty of perjury pursuant to 28 U.S.C. § 1746.

Practice Notes to Rule 47.3

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 filing required to be signed, unless it is 

signed by a pro se party or an attorney who is a member of the bar, unless 

exempted 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 filed 

in this court to the lower court or agency to expedite service of the certified list and 

other communications.

POST-PANELING ENTRY OF APPEARANCE. 

When an entry of appearance is filed after the case has been assigned to a merits 

panel, that entry will be transmitted to the merits panel as a motion. Notification of 

the disposition of the motion, accepting or rejecting the entry of appearance, will be 

provided to counsel through CM/ECF.
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Federal Circuit Rules of Practice (December 1, 2018) Page 184

FEDERAL CIRCUIT RULE 47.4

Rule 47.4. Certificate 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 

file a certificate of interest. The certificate of interest must be filed within 14 

days of the date of docketing of the appeal or petition, except that for an 

intervenor or amicus curiae, the certificate of interest must be filed with the 

motion and with the brief. A certificate 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 and identifying each party with its parent 

corporation or any publicly held corporation that owns 10% or more of 

its stock.

(4) The names of all law firms 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 and who are not already listed on the docket 

for the current case.

(5) The title and number of any case known to counsel to be pending in 

this or any other court or agency that will directly affect or be directly 

affected by this court’s decision in the pending appeal.

(b) Filing. 

The certificate must be filed with the entry of appearance. The certificate 

must also be included with each motion, petition, or response thereto, and in 

each principal brief and brief amicus curiae. When ownership, representation 

or contact information changes an updated Certificate of Interest must be 

filed when the change occurs.
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Federal Circuit Rules of Practice (December 1, 2018) Page 185

FEDERAL CIRCUIT RULE 47.4

(c) Changes. 

If any of the information required in Federal Circuit Rule 47.4(a) changes 

after the certificate is filed and before the mandate has issued, the party 

must file an amended certificate within 7 days of the change.

FEDERAL CIRCUIT RULE 47.5

Rule 47.5. Statement of Related Cases

Each principal brief and certificate of interest 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;

(b) the title and number of any case known to counsel to be pending in 

this or any other court or agency that will directly affect or be directly 

affected by this court’s decision in the pending appeal. 

Practice Note to Rule 47.5

CASES THAT ONLY INVOLVE SAME GENERAL LEGAL ISSUE. 

Cases are not “related” within the meaning of Rule 47.4(a)(5) and Rule 47.5(b)

simply because they involve the same general legal issue, for example, an issue as 

to the correct construction of a statute or regulation.
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Federal Circuit Rules of Practice (December 1, 2018) Page 186

FEDERAL CIRCUIT RULE 47.6.

[Reserved]

FEDERAL CIRCUIT RULE 47.7

Rule 47.7. Attorney Fees and Expenses Incurred in This Court

(a) Time for Filing; Response.

(1) Generally. The court may award attorney fees and expenses when 

authorized by law. An award may be made by the court on its own 

motion or on application of a party.

(2) Time for Filing. An application for an award of attorney fees and 

expenses must be served and filed within the time prescribed by the 

statute authorizing the award. If the statute does not prescribe a time, 

the application must be made within 30 days after entry of the 

judgment or order denying rehearing, whichever is later. However, if a 

petition for writ of certiorari is filed, the application will not be due 

until 30 days after all proceedings in the Supreme Court are 

concluded.

(3) Response. No response may be filed to an application for attorney fees 

and expenses unless directed by the court, but no application will be 

granted without the court giving the party an opportunity to submit a 

response.

(4) Award on the Court’s Motion. A party awarded attorney fees and 

expenses by the court on its own motion must file and serve a bill of 

attorney fees and expenses containing the information required in 

Federal Circuit Rule 47.7(b)(2)(A)-(C) with the bill of costs authorized 

by Federal Rule of Appellate Procedure 39. Any objection must be filed 

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 
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Federal Circuit Rules of Practice (December 1, 2018) Page 187

FEDERAL CIRCUIT RULE 47.7

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, 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.

FEDERAL CIRCUIT RULE 47.8

Rule 47.8. In Camera Proceedings

On motion showing that the interest of justice requires it, the court may sit 

in camera, seal its record, or both.
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Federal Circuit Rules of Practice (December 1, 2018) Page 188

FEDERAL CIRCUIT RULE 47.9

Rule 47.9. Petition for Judicial Review Under 5 U.S.C. § 7703(d)

(a) Time for Filing. 

A petition for review of a final order or decision of the Merit Systems 

Protection Board or of an arbitrator pursuant to 5 U.S.C. § 7703(d) must be 

filed by the Director of the Office of Personnel Management within 60 days 

after the date the Board or arbitrator issues notice of the final order or 

decision of the Board or arbitrator.

(b) Contents. 

The Director’s petition must contain:

(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 5,200 words if produced using a 

computer or 20 pages if handwritten or typewritten. A reply must not exceed 

2,600 words if produced using a computer or 10 pages if handwritten or 

typewritten. A separate brief supporting a petition, answer, or reply is not 

permitted.
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FEDERAL CIRCUIT RULE 47.9

(d) Service and Filing. 

The Director must file the petition with the clerk of court through CM/ECF 

and must serve a copy of the petition on the named respondents, all other 

parties before the Board or arbitrator, and the Board or arbitrator.

(e) Notice of Docketing. 

On receipt, the clerk of court will enter the petition on the docket as a 

miscellaneous case and notify the Director, the named respondents, all other

parties before the Board or arbitrator, and the Board or arbitrator of the 

docketing date.

(f) Appearance by 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 file 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 affidavits 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 file a 

reply.

(h) Action by the Court. 

Granting a petition for review is at the discretion of the court. On receipt of 

an order granting review, the clerk of court must enter the petition for review 

on the general docket. The petition for review will then proceed as if filed 

under Federal Rule of Appellate Procedure 15.
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Federal Circuit Rules of Practice (December 1, 2018) Page 190

FEDERAL CIRCUIT RULE 47.10

Rule 47.10. Dismissal of a Bankruptcy Stay Case

An appeal stayed in accordance with the bankruptcy stay provisions of 11 

U.S.C. § 362 may be dismissed by the clerk of court without prejudice to the 

appellant reinstating the appeal within 30 days after the stay is lifted or the 

bankruptcy proceeding ends.

FEDERAL CIRCUIT RULE 47.11

Rule 47.11. Quorum

A quorum is a simple majority of a panel of the court or of the court en banc. 

In determining whether a quorum exists for en banc purposes, more than 

half of all circuit judges in regular active service, including recused or 

disqualified judges, must be eligible to participate in the en banc process. If a 

judge of a panel that has heard oral argument or taken under submission any 

appeal, petition, or motion is unable to continue with consideration of the 

matter because of death, illness, resignation, incapacity, or recusal, the 

remaining judges will determine the matter if they are in agreement and no 

remaining judge requests the designation of another judge. If the remaining 

judges are not in agreement or if any remaining judge requests the 

designation of another judge, the remaining judges will promptly advise the 

chief judge who will secure another judge to sit with the panel.
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Federal Circuit Rules of Practice (December 1, 2018) Page 191

FEDERAL CIRCUIT RULE 47.12

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 filed with the clerk of court 

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 specifically 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.
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Federal Circuit Rules of Practice (December 1, 2018) Page 192

FEDERAL RULE OF APPELLATE PROCEDURE 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 findings and disposition in matters 

ancillary to proceedings in the court. Unless the order referring a matter to a 

master specifies 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 efficient 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.

FEDERAL CIRCUIT RULE 49

Rule 49. Seal of the Court

The clerk of court is the keeper of the seal, which is the means of 

authentication of all records and certificates issued from this court.
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Federal Circuit Rules of Practice (December 1, 2018) Page 193

FEDERAL CIRCUIT RULE 50

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.

Practice Note to Rule 50

ALL FUTURE PARTICIPATION AND ASSISTANCE PROHIBITED. 

A former employee of the court is prohibited from participating or assisting in any 

case after employment with the court if the case was before this court at any point 

during the person’s employment. Thus, for example, a former employee is 

prohibited from participating or assisting in a case in a trial forum, agency, or other 

forum if the case was before this court during the person’s employment and was 

remanded by this court or otherwise continued in the trial forum, agency, or other 

forum for any other reason. A former employee is also prohibited, for example, from 

participating or assisting in the case if it is subsequently before this court again or 

if it is before the Supreme Court of the United States. In addition to Rule 50, former 

employees should also consult any applicable local bar rules and Canon 3(d) of the 

Code of Conduct for Judicial Employees.
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Federal Circuit Rules of Practice (December 1, 2018) Page 194

FEDERAL CIRCUIT RULE 51

Rule 51. Complaint of Judicial Misconduct or Disability

The procedures for processing a complaint of judicial misconduct or disability 

are pursuant to 28 U.S.C. § 351, et seq. The clerk of court will provide copies 

of these procedures on request.

FEDERAL CIRCUIT RULE 52

Rule 52. Fees

(a) Judicial Conference Schedule of Fees.

(1) General. The fees charged by the clerk of court must be the fees 

prescribed by the Judicial Conference of the United States pursuant to 

28 U.S.C. § 1913 or by this rule. No fees are to be charged for services 

rendered on behalf of the United States, with the exception of those 

specifically 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. Fees paid to the court by 

attorneys must be made through CM/ECF using pay.gov.

(2) Docketing Fee. The docketing fee will be paid to the trial court clerk 

of court on filing a notice of appeal in that court. The docketing fee will 

be paid to this court’s clerk of court on filing any other proceeding, 

including an appeal or petition for review from the Patent and 

Trademark Office or the Merit Systems Protection Board, or any other 

agency, and including an extraordinary writ.

(3) Judicial Conference Schedule of Fees. The fees charged by the 

court pursuant to the Judicial Conference Schedule of Fees are posted 

on the court’s website. 

(4) Electronic Public Access Fee Schedule. The fees for electronic 

public access are authorized by 28 U.S.C. § 1913 and promulgated in 

the Judicial Conference Electronic Public Access fee schedule.
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FEDERAL CIRCUIT RULE 52

(b) Copies of Opinions. 

All court opinions are available on the court’s website or PACER without 

charge. Printed copies of court orders and opinions are subject to the 

Electronic Public Access fee schedule, and are available without cost to those 

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 of court is not required to docket any proceeding or perform any 

other service until all fees due the clerk of court 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 of court 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 of court is authorized to 

dismiss the appeal or petition.

(e) Online Payments; Checks. 

Counsel shall use pay.gov to make payments for all applicable fees. 

Instructions for use of pay.gov are available on the court’s website. For 

matters that are not paid through pay.gov, and for pro se parties who do not 

use CM/ECF, checks in payment of fees must be made payable to the Clerk of 

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

Practice Notes to Rule 52

NO REFUND OF FEES. 

Fees are deposited with the Treasury Department on receipt. The clerk of court 

cannot refund any fee once it is deposited.
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Practice Notes to Rule 52

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 financial 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, 4324. The petitioner must 

complete Form 6B to inform the court that the case involves a claim under 

USERRA.

FEDERAL CIRCUIT 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.
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FEDERAL CIRCUIT RULE 54

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 Office of the United States Courts 

and the Federal Judicial Center.

(c) Suspension; Closing. 

The librarian may suspend an authorized user for cause and may, when 

warranted, close the library to all except judges and the court staff.

(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.
Federal Circuit Attorney Discipline Rules

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Federal Circuit Rules of Practice (December 1, 2018) Page 198

Federal Circuit Attorney Discipline Rules

Introduction

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

power and responsibility under Federal Rule of Appellate Procedure 46 and its 

inherent power and responsibility to supervise the conduct of attorneys who are 

members of its bar, promulgates the following Attorney Discipline Rules.

The rules contemplate that a disciplinary proceeding stemming from most 

misconduct that occurs before a merits or motions panel will be conducted by that 

panel. A proceeding stemming from more serious misconduct, based on conviction of 

a serious crime, or imposing reciprocal discipline will be conducted by a Standing 

Panel on Attorney Discipline composed of three judges. In conformance with 

Federal Rule of Appellate Procedure 46, a hearing, if requested, will be available in 

any proceeding. The record in an ongoing proceeding will be confidential unless 

otherwise ordered. At the conclusion of a proceeding in which discipline is imposed, 

the final order and the record will be made a public record. A final order issued by a 

panel will be reviewable in a manner analogous to review under Federal Rules of 

Appellate Procedure 35 and 40.

Rule 1. Definitions

(a) Another Court. Another court means any Court of the United States or any 

court of a state, the District of Columbia, a territory, or a commonwealth of 

the United States. For purposes of these rules, another court also includes 

the United States Court of Appeals for Veterans Claims and the United 

States Court of Federal Claims.

(b) Agency. Agency means any agency of the United States as defined in 5 

U.S.C. § 551.

(c) Serious Crime. Serious crime means (1) any felony or (2) any lesser crime a 

necessary element of which, as determined by statutory or common law 

definition of such crime in the jurisdiction where the conviction occurred, is 

(i) interference with the administration of justice, (ii) false swearing, (iii) 

misrepresentation, (iv) fraud, (v) willful failure to file an income tax return, 

(vi) deceit, (vii) bribery, (viii) extortion, (ix) misappropriation, (x) theft, or (xi) 

an attempt or conspiracy or solicitation of another to commit a serious crime.

Rule 2. Grounds for Discipline

(a) Conviction. Conviction in another court of a serious crime may be the basis 

for discipline.
Federal Circuit Attorney Discipline Rules

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(b) Disbarment or Suspension. Reciprocal discipline may be imposed based on 

disbarment or suspension by another court or by an agency.

(c) Resignation. Disbarment may be imposed based on an attorney’s 

disbarment on consent or resignation from the bar of another court or an 

agency while an investigation into an allegation of misconduct is pending.

(d) Act or Omission. An act or omission by an attorney that violates the 

Federal Rules of Appellate Procedure, the Federal Circuit Rules, these rules, 

or orders or instructions of the court, other than an act or omission 

contemplated by Rule 3(d) of these rules, may be the basis for discipline. A 

failure to notify the court in compliance with Rule 6(a) may itself be the basis 

for discipline.

(e) Conduct Unbecoming. Any conduct before the court unbecoming a member 

of the bar may be the basis for discipline.

Rule 3. Types of Discipline

(a) Discipline for Misconduct. Discipline for attorney misconduct may consist 

of disbarment, suspension for a definite period, monetary sanction, public 

reprimand, private reprimand, or any other disciplinary action that the court 

deems appropriate.

(b) Disbarment. Disbarment is the presumed discipline for conviction of a 

serious crime.

(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.
Federal Circuit Attorney Discipline Rules

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Federal Circuit Rules of Practice (December 1, 2018) Page 200

(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.
Federal Circuit Attorney Discipline Rules

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(b) Show Cause Order. Any panel may issue an order describing an attorney’s 

misconduct and ordering the attorney to show cause (1) why a specific 

discipline should not be imposed or (2) why a discipline to be determined 

later should not be imposed. Unless otherwise ordered, a response shall be 

due within 30 days. Any request for a hearing shall be included in a response.

(c) Uncontested Matter. If an attorney does not respond to a show cause order 

or does not object to the imposition of a specified discipline, the Clerk may 

then issue a final order imposing such discipline.

(d) Contested Matter. If an attorney contests the imposition of discipline or 

requests a hearing, further proceedings 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 final 

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 file 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 filed within 

30 days of the date of the panel’s final order. The procedures governing a 

petition for rehearing or a combined petition/suggestion will otherwise be in 

accordance with the provisions of Federal Rules of Appellate Procedure 35

and 40 and Federal Circuit Rules 35 and 40.
Federal Circuit Attorney Discipline Rules

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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) Notification from Another Court or Agency; Sua Sponte. Upon receipt 

of a copy of a judgment, order, or other document demonstrating that a 

member of the bar of this court has been disbarred or suspended from the 

practice of law by another court or an agency, or has resigned while an 

investigation into an allegation of misconduct is pending, the Clerk 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 notification 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 

notification of an attorney’s conviction of a serious crime or resignation from 

the bar of another court or agency while a misconduct investigation is 

pending, the Clerk 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” or e-mailed to chiefdeputyclerk@cafc.uscourts.gov 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 identification information and (2) list all cases pending before this court 

in which the attorney is involved.

(c) Uncontested Matter. If an attorney does not object to the imposition of 

reciprocal discipline or does not respond to the show cause order, the Clerk 

may then issue a final order imposing such reciprocal discipline.

(d) Contested Matter. If an attorney contests the imposition of reciprocal 

discipline, further proceedings shall be conducted in accordance with Rule 8.
Federal Circuit Attorney Discipline Rules

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(e) Final Order and Further Review. At the conclusion of a proceeding, the 

Standing Panel shall issue a final order in the matter. Any further review 

will be in accordance with Rule 5(g).

Rule 8. Contested Proceedings

(a) No Request for a Hearing. If an attorney does not request a hearing in 

response to a show cause order, then the panel 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 

file 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, except in cases of 

reciprocal discipline under Rule 2(b) or resignation under Rule 2(c) where the 

hearing shall be at the discretion of the panel, 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.
Federal Circuit Attorney Discipline Rules

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(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. Notification 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 infirmity of proof establishing the misconduct that it 

gave rise to the clear conviction that this court could not, consistent with 

its duty, accept as final the conclusion on the matter; or

(3) the imposition of the same discipline by this court would result in grave 

injustice; or

(4) the misconduct established is deemed by this court to warrant 

substantially different discipline.

(d) Conviction of a Serious Crime. Notification of a conviction of a serious 

crime shall be conclusive evidence of the commission of that crime for 

purposes of these disciplinary proceedings. If an attorney notifies the court 

that a conviction has been vacated or reversed, the Standing Panel shall 

promptly review the matter.

Rule 9. Reinstatement

(a) After Reciprocal Disbarment or Suspension. If disbarment by this court 

was based on a disbarment by another court or agency or a suspension was 

directed to run concurrently with a suspension ordered by another court or 

agency, then an attorney shall be eligible for reinstatement when the original 

discipline is lifted or expires. An attorney must submit an affidavit notifying 

this court of the action of the court that imposed the original discipline. The 

Clerk shall refer an attorney’s notification affidavit 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 five years from the effective date of the disbarment.
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(c) After Suspension.

(1) An attorney who has been suspended with automatic reinstatement as a 

result of misconduct before this court may file an affidavit of compliance 

with the suspension order after the suspension period has expired. The 

Clerk 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 file 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 satisfied 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 qualifications, competency, and learning in 

the law required for readmission and that the resumption of practice will 

not be detrimental to the integrity and standing of the bar or to the 

administration of justice.

(3) At the conclusion of a proceeding, the Standing Panel shall issue a final 

order. Further review shall be in accordance with Rule 5(g).

(e) Successive Application. A successive application for reinstatement may 

not be filed until one year has elapsed after an adverse decision on an earlier 

application.

Rule 10. Access to Information

(a) Confidentiality During Proceedings. An ongoing disciplinary proceeding 

shall be confidential (1) unless the attorney subject to the proceeding 

requests that it be made a public record or (2) except to the extent that a 

panel may disclose the subject matter and status of a proceeding if the 

proceeding is based on a conviction of a serious crime, or an allegation that 

has become generally known to the public, or there is a need to notify another 

person or entity to protect the public, the legal profession, or the 

administration of justice.
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(b) Confidentiality Upon Issuance of a Final Order. A final order issuing a 

private reprimand or imposing no discipline and the record of those 

proceedings shall be confidential unless the attorney subject to the 

proceeding requests that it be made a public record. If other discipline is 

imposed, a final order and the record shall be made a public record at the 

time of issuance of a final order. However, a panel may issue a permanent 

protective order prohibiting the disclosure of any part of the record to protect 

the interest of a complainant, a witness, a third party or nonparty, or the 

attorney.

Rule 11. Effective Date

These rules shall become effective February 1, 2016.
Federal Circuit Forms

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Federal Circuit Rules of Practice (December 1, 2018) Page 207

Federal Circuit Forms

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

Form 1 Notice of Appeal to the United States Court of Appeals for the Federal 

Circuit From a Judgment or Order of an United States District Court

Form 2 

Notice of Appeal to the United States Court of Appeals for the Federal 

Circuit From a Judgment or Order of the United States Court of 

Federal Claims

Form 3 Notice of Appeal to the United States Court of Appeals for the Federal 

Circuit From a Judgment or Order of the Court of International Trade

Form 4

Notice of Appeal to the United States Court of Appeals for the Federal 

Circuit From a Judgment or Order of the United States Court of 

Appeals for Veterans Claims

Form 5 Petition for Review or Appeal of an Order or Decision of an Agency, 

Board, Commission, or Officer

Form 6 Motion and Declaration for Leave to Proceed in Forma Pauperis

Form 6A Supplemental in Forma Pauperis Form for Prisoners

Form 6B USERRA Notification Form

Form 7 Abrogated

Form 8 Entry of Appearance

Form 9 Certificate of Interest

Form 10 Statement Concerning Discrimination

Form 11 Informal Brief (MSPB or Arbitrator Cases)
Federal Circuit Forms

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Federal Circuit Rules of Practice (December 1, 2018) Page 208

Form 11A Informal Brief of ProSe Appellee/Respondent

Form 12 Informal Brief (District Court, Court of International Trade, and 

Court of Federal Claims Cases)

Form 13 Informal Brief (Court of Appeals for Veterans Claims Cases)

Form 14

Informal Brief (Board of Contract Appeals, Board of Patent Appeals 

and Interferences, Trademark Trial and Appeal Board, and 

International Trade Commission Cases)

Form 15 Informal Brief (Secretary of Veterans Affairs Cases Under 38 U.S.C. 

§ 502)

Form 16

Informal Brief (General Accounting Office Personnel Appeals Board, 

Office of Compliance, and Equal Employment Opportunity 

Commission Cases)

Form 17 Sample Brief Cover (MSPB Cases)

Form 18 Sample Brief Cover (District Court Cases)

Form 19 Certificate of Compliance with Rule 32(a)

Form 20 Application for Fees and Other Expenses Under the Equal Access to 

Justice Act

Form 21 Application for Admission to the Bar

Form 22 Transcript Purchase Order

Form 23 Bill of Costs Instruction Sheet

Form 24 Bill of Costs Form

Form 25 Mediator Application
Federal Circuit Forms

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Federal Circuit Rules of Practice (December 1, 2018) Page 209

Form 26 Docketing Statement

Form 27 Confidential Joint Request to Enter Appellate Mediation Program

Form 28 Confidential Mediation Survey for Parties

Form 29 Confidential Mediator Report

Form 30 Certificate of Service