Summary of Final Amendments 

to the Federal Circuit Rules of 

Practice 

February 2023

The following summary was prepared by the Clerk’s Office as a guide 

to the adopted amendments and should not substitute for

reading the full text of the amendments, which are available on the 

court’s website.

Draft Proof Copy – Federal Circuit Rules of Practice (March 1, 2023) 

This summary is neither intended to serve as legal advice nor as 

commentary on the changes to the Federal Circuit Rules of Practice.
U.S. COURT OF APPEALS FOR THE FEDERAL CIRCUIT SUMMARY OF ADOPTED

CLERK’S OFFICE RULES AMENDMENTS

February 2023 Page 1

The court has adopted amendments to the following Federal Circuit Rules of Practice 

(FCR).

1. Fed. Cir. R. 15: Updating jurisdictional statutes and USPTO address in Practice 

Notes.

2. Fed. Cir. R. 25: Decreasing the required number of paper copies on rehearing or 

hearing en banc.

3. Fed. Cir. R. 26: Codifying the day after Thanksgiving as an official court holiday.

4. Fed. Cir. R. 27: Clarifying that requests for reconsideration of dispositive orders 

must be filed as rehearing petitions with limited exceptions.

5. Fed. Cir. R. 28: Moving the principal brief addendum requirements to their own 

subsection and addressing multi-volume addenda; requiring a separate heading 

for the standard of review and clarifying location expectations; clarifying patent 

claim language on inside front cover of principal briefs and relocating requirement 

to FCR 32; clarifying informal brief form requirement; requiring separate heading 

for the jurisdictional statement in informal response briefs; adding Practice Note 

to address inclusion of patents in the addendum.

6. Fed. Cir. R. 28.1: Adjusting citation to FCR 28 to correspond with new addendum 

subsection.

7. Fed. Cir. R. 30: Clarifying expectation for inclusion of patent and rehearing orders 

in the appendix; requiring brief title to identify when it contains an appendix; 

permitting unrepresented parties to file additional record material attached to a 

reply brief when the appellee files a separate appendix; adding Practice Note to 

address inclusion of patents in the appendix; requiring service of a paper copy of 

the appendix on opposing principal counsel unless counsel deems it unnecessary.

8. Fed. Cir. R. 31: Eliminating separate briefing schedule for informal briefing; 

requiring service of a paper of the appendix on opposing principal counsel unless 

counsel deems it unnecessary.

9. Fed. Cir. R. 32: Relocating patent claim language on inside front brief cover 

requirement to this rule from FCR 28 and permitting single-spacing of this 

language; excluding inside front cover contents and contents required on the first 

page of a filing in lieu of a cover from word counts; clarifying informal brief form 
U.S. COURT OF APPEALS FOR THE FEDERAL CIRCUIT SUMMARY OF ADOPTED

CLERK’S OFFICE RULES AMENDMENTS

February 2023 Page 2

and type-volume requirements.

10. Fed. Cir. R. 33: Eliminating settlement negotiation certification requirement; 

adding language encouraging use of the mediation program and apprising court of 

ongoing settlement discussions; merging mediation provision of FCR 33.1 into 33.

11. Fed. Cir. R. 33.1: Deleting the rule and merging mediation language into FCR 33 

and docketing statement language into FCR 47.6.

12. Fed. Cir. R. 34: Requiring parties to file argument scheduling conflict notice, even 

if no conflicts exist; delegating authority to the clerk of court to set scheduling 

conflict limitations and accept or reject individual conflict dates; clarifying who 

must file a response to notice of oral argument; clarifying that parties represented 

by the same counsel can only have one counsel argue; requiring arguing counsel to 

have copies of each brief and appendix close at hand at oral argument; adding 

Practice Note encouraging parties to have paper copies at oral argument.

13. Fed. Cir. R. 35: Aligning with change to FCR 25 to decrease required number of 

paper copies.

14. Fed. Cir. R. 38: Adding Practice Note to direct filers to follow Rule 27 when filing 

motions for sanctions.

15. Fed. Cir. R. 39: Adjusting citations to rules for copies taxable in the bill costs.

16. Fed. Cir. R. 40: Aligning with change to FCR 25 to decrease required number of 

paper copies.

17. Fed. Cir. R. 41: Adjusting the types of orders that will constitute the mandate.

18. Fed. Cir. R. 42: Adding Practice Note regarding use of new court form to satisfy 

requirements for FRAP 42(b).

19. Fed. Cir. R. 47.4: Citing to FCR 47.5 for related case requirement in certificate of 

interest.

20. Fed. Cir. R. 47.5: Creating expanded notice requirement when there are related 

cases in other tribunals in order to provide the court with more information on 

participating parties, firms, and attorneys; adding Practice Note regarding use of 

new court form to satisfy requirement for notice of related case information.
U.S. COURT OF APPEALS FOR THE FEDERAL CIRCUIT SUMMARY OF ADOPTED

CLERK’S OFFICE RULES AMENDMENTS

February 2023 Page 3

21. Fed. Cir. R. 47.6: Creating new rule requiring filing of the docketing statement; 

adding Practice Note regarding use of the court’s docketing statement form.

22. Fed. Cir. R. 47.7: Adding Practice Note to direct filers to follow Rule 27 when 

filing motions for sanctions in the form of attorney fees.