U.S. COURT OF APPEALS FOR THE FEDERAL CIRCUIT 

CLERK’S OFFICE

September 2023 Page 1 

Common Filing Errors

The Clerk’s Office has identified the following six recurring errors with attorney filings over 

the past six months. All rules referenced within the below recommendations can be 

found in the up to date version of the Federal Circuit Rules, available on the court’s 

website. 

1. Incomplete or Improper Forms

• Issue: Counsel submit forms that are incomplete, outdated, or have incorrect 

information. 

• How to Avoid: Verify that you have the most up-to-date form by reviewing 

the forms on the Federal Circuit website, read all instructions carefully, and 

confirm any empty sections of a form are completed in accordance with the 

form’s instructions or local rules. You may answer “none” if appropriate, or 

you may use “N/A” if an item does not apply. If there is not enough space on 

the form to provide a complete answer, you may attach continuation pages

in your submission. 

• References: 

o Entry of Appearance - Form 8A. 

 An entry of appearance (Form 8A) or notice of unrepresented 

person appearance (Form 8B)must be prepared on the form 

supplied by the clerk of court, and all information requested on 

the form must be provided. Fed. Cir. R. 47.3(b)(6). 

o Certificate of Interest - Form 9. 

 A certificate of interest is required to determine whether a 

recusal from a judge is necessary or appropriate. The certificate 

must contain certain information, detailed in Federal Circuit 

Rule 47.4(a). Fed. Cir. R. 47.4(a):

 NOTE: A response is required for each item. Please indicate 

“none” or “N/A” if appropriate.

o Notice of Related Case Information – Form 9A. 

 At the same time a party files its first certificate of interest, the 

party must also file a separate Notice of Related Case 

Information if there are related or prior cases that meet the 
U.S. COURT OF APPEALS FOR THE FEDERAL CIRCUIT 

CLERK’S OFFICE

September 2023 Page 2 

criteria listed in Fed. Cir. R. 47.5(a). The notice must include the 

information listed in Fed. Cir. R. 47.5(b).

o Statement Concerning Discrimination - Form 10.

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

of the Merit Systems Protection Board or decision of an 

arbitrator under 5 U.S.C. § 7121 is docketed, petitioner must file 

a statement indicating whether a claim of discrimination has 

been or will be made. Petitioner must file the statement on the 

form prescribed by the court. Fed. Cir. R. 15(c)(1).

 Failure to file a completed discrimination statement may result 

in dismissal of the petition for review. Fed. Cir. R. 15(c)(3).

o Bill of Costs - Form 24. 

 A party must file the bill of costs on the form prescribed by the 

court. Fed. Cir. R. 39(b).

o Docketing Statement - Form 26. 

 Except in cases involving unrepresented parties, each party 

must file a docketing statement within fourteen (14) days after 

the case is docketed, or thirty (30) days after the case is 

docketed if the United States or its officer or agency is a party.

Fed. Cir. R. 47.6.

o Response to Notice of Oral Argument - Form 33. 

 The clerk of court will notify parties when a case has been 

scheduled for argument. Each party must respond to the 

notice of oral argument within the time requested by the clerk 

of court. Fed. Cir. R. 34(e)(1).

2. Addenda Lack All Required Material

• Issue: Counsel are not including all required material in the addendum. 

• How to Avoid: Fed. Cir. R. 28(a)(11) and 28(c) were amended in March 2023. 

o Ensure the principal brief includes any judgment or order being 

appealed and any opinions or findings supporting the judgment or 

order being appealed. 
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CLERK’S OFFICE

September 2023 Page 3

o In a patent appeal or application, ensure the addendum includes all 

patents and applications reproduced in their entirety.

o These items must also include the corresponding appendix pagination, 

in compliance with Fed. Cir. R. 30(b)(2)(c). 

• References:

o Fed. Cir. R. 28(a) lists the order of items required within a principal brief.

o Fed. Cir. R. 28(c)(1): Unless an appellant or petitioner permissibly binds 

an appendix with its principal brief (Fed. Cir. R. 30(d)), the principal 

brief must include (A) all judgments, orders, agency actions, or other 

decisions appealed from and any opinions, memoranda, or findings 

and conclusions supporting them, including any rehearing opinions or 

orders; and (B) if the appeal involves a patent or patent application, 

all patents or applications at issue on appeal reproduced in their 

entirety.

 Fed. Cir. R. 28.1(d) requires Appellant’s principal brief comply 

with Fed. Cir. R. 28(a) and Appellee’s principal and response 

brief must comply with Fed. Cir. R. 28(c) to the extent the 

materials differ from those produced in the appellant’s principal 

brief.

o Fed. R. App. P. 28(f) requires relevant portions of statutes, rules, 

regulations, etc. be included in the addendum, if the court's 

determination of the issues involved them.

3. Corrected Briefs Fail to Indicate “Corrected” on the Cover

• Issue: Counsel fail to indicate documents have been “corrected” on the 

cover of briefs and other documents filed with the court.

• How to Avoid: Ensure you include the word “corrected” either in the title or on 

the cover of any corrected item filed with the court. Additionally, ensure you 

file a Notice of Correction at the same time as the corrected brief, if 

applicable.

• References:

o Fed. Cir. R. 25(i)(2): A corrected document must indicate “corrected” 

in the title or on the cover.
U.S. COURT OF APPEALS FOR THE FEDERAL CIRCUIT 

CLERK’S OFFICE

September 2023 Page 4 

o Fed. Cir. R. 25(i)(3): A Notice of Correction must be filed 

contemporaneously with the corrected document and must 

specifically delineate each correction. A Notice of Correction is not 

required for changes to a document when those changes have been 

ordered by the court or the clerk of court.

4. Not Updating Contact Information with PACER

• Issue: Counsel fail to update their contact information with PACER before 

filing an entry of appearance (Form 8A) or include different contact 

information on the cover of a brief. Filing an entry of appearance does not 

update a filer’s contact information and the Clerk’s Office does not have the 

ability to change it locally. 

• How to Avoid: Before filing any entry of appearance or brief with the court, 

log in and check your PACER account to confirm that your contact 

information is up-to-date and matches the information on your entry of 

appearance or brief. For issues with your PACER account, please contact 

the PACER Service Center. 

• References: 

o Fed. Cir. R. 25(a)(5): Filers must immediately submit an amended 

appearance under Fed. Cir. R. 47.3 to notify the clerk of court of a 

change of name or contact information, including an email address 

for electronic service. Electronic filers must also update their 

information in the court’s electronic filing system.

o Entry of Appearance Form 8A

o PACER Home Page

o PACER Service Center

5. Inadequate Labeling for Confidential and Nonconfidential 

Versions

• Issue: Within the confidential version of a document, counsel fail to 

adequately highlight the confidential items, and in the nonconfidential 

version, counsel fail to include redactions of the confidential information with 

adequate, general descriptors of the material appearing over the deletion or 

redaction. 
U.S. COURT OF APPEALS FOR THE FEDERAL CIRCUIT

CLERK’S OFFICE

September 2023 Page 5

• How to Avoid: Ensure the confidential version is appropriately labeled, and 

the confidential items are highlighted. Ensure the nonconfidential versions 

include appropriate labels and are adequately redacted and updated with 

general descriptors for the redacted material. Fed. Cir. R. 25.1(e).

• References:

o Fed. Cir. R. 25.1(e)(1) requires a document containing material subject 

to confidentiality as permitted by Fed. Cir. R. 25.1(d) must be filed with 

the court in two versions: a confidential version that notes the material 

marked confidential, and a nonconfidential version containing 

appropriate redactions.

o Fed Cir. R. 25.1(e)(1)(A) requires the confidential version be labeled 

“confidential” and item of confidential material must be enclosed in

material in brackets or indicated by highlighting. The confidential 

version of an appendix must include pertinent excerpts of any statutes 

imposing confidentiality, or the entirety of any judicial or administrative 

protective order. 

 Fed. Cir. R. 25.1 Practice Notes: The court requires that 

confidential information be clearly identifiable in the 

confidential version, and the filer should ensure that highlighting 

will not obscure text or be confused with other identifiers 

elsewhere in the document. Brackets should be sized 

appropriately to ensure they are readily recognizable. If an 

entire page is to be marked confidential, the filer may include 

large brackets on the left and right margin of the page or 

highlight the entire page. The highlight may be in the form of a 

box over the entire page or a clearly highlighted border 

surrounding the page.

 Fed. Cir. R. 25.1 Practice Notes: When confidential information

has been redacted, the legend noting the redaction should 

appear in the margin of the page. When redacting information 

from the nonconfidential version, a general descriptor of the 

redacted information must appear in the place of the redacted 

information, e.g., “dollar amount,” “number of items,” 

“chemical name.” If an entire page is redacted, a slip sheet 

may be included, and the legend may appear in the center of 

the sheet. 
U.S. COURT OF APPEALS FOR THE FEDERAL CIRCUIT 

CLERK’S OFFICE

September 2023 Page 6 

o Fed. Cir. R. 25.1(e)(1)(B) requires the nonconfidential version be 

labeled “nonconfidential” and any item of confidential material has 

been deleted or redacted, includes an adequate, a legend to explain 

the deletions/redactions, and general descriptors of the 

deleted/redacted material appearing in place of the

deletion/redaction. The table of contents or the first paragraph of the 

document must include a paragraph describing the general nature of 

the confidential material that has been removed and applicable 

page numbers. 

6. Failure to Utilize the Court’s Official Caption

• Issue: Counsel does not utilize the correct caption. 

• How to Avoid: Double check you are using the most up-to-date caption 

when submitting filings to the court. Parties are provided the official case 

caption at case opening and whenever the court modifies the caption. 

Parties may also access the official caption anytime via PACER. 

• References:

o Fed. Cir. R. 32(a)(1) requires a document filed with a cover to include 

the official caption provided by the clerk of court, unless noted 

otherwise within the Federal Circuit Rules. 

o PACER Home Page