UNITED STATES COURT OF APPEALS 

FOR THE FEDERAL CIRCUIT

717 MADISON PLACE, N.W.

WASHINGTON, D.C. 20439

PETER R. MARKSTEINER CLERK’S OFFICE

CLERK OF COURT 202-275-8000

September 26, 2018

NOTICE OF PROPOSED AMENDMENTS TO THE

FEDERAL CIRCUIT RULES OF PRACTICE

Pursuant to 28 U.S.C. § 2071(b), the United States Court of Appeals for the Federal 

Circuit gives notice that it proposes to amend Federal Circuit Rules of Practice 25,

28, 29, 30, 31, 32, and 44. The proposed amendments are available on the court’s 

website (http://www.cafc.uscourts.gov/rules-of-practice/notices) and in the Clerk’s 

Office. If adopted, the amendments would take effect on December 1, 2018.

Public comments must be submitted on or before October 31, 2018, to the Chief 

Deputy Clerk either by email to chiefdeputyclerk@cafc.uscourts.gov or by mail to 

Proposed Rules Comments, Clerk’s Office, U.S. Court of Appeals for the Federal 

Circuit, 717 Madison Place, N.W., Washington, D.C. 20439.

All submitted comments must include the name and either a return email or 

mailing address for the submitter. Any submitted comments, including the name of 

the submitter, may be made available to the public unless a submitter requests 

either the submitter’s name or comment not be released to the public.

FOR THE COURT

/s/ Peter R. Marksteiner

Peter R. Marksteiner 

Clerk of Court
Proposed Amendments to the 

Federal Circuit Rules of Practice

September 2018
U.S. COURT OF APPEALS FOR THE FEDERAL CIRCUIT PROPOSED AMENDMENTS TO FCR

CLERK’S OFFICE

September 2018 Page i

Table of Contents

1. Executive Summary ......................................................................................... 1

2. Federal Circuit Rule 25.................................................................................... 2

3. Federal Circuit Rule 28.................................................................................... 9

4. Federal Circuit Rule 29.................................................................................. 10

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

6. Federal Circuit Rule 31.................................................................................. 12

7. Federal Circuit Rule 32.................................................................................. 14

8. Federal Circuit Rule 44.................................................................................. 15
U.S. COURT OF APPEALS FOR THE FEDERAL CIRCUIT PROPOSED AMENDMENTS TO FCR

CLERK’S OFFICE

September 2018 Page 1

1. Executive Summary

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

proposed changes and should not substitute for reading the full text of the 

proposed amendments. This summary is neither intended to serve as legal 

advice nor as commentary on the changes to the Federal Circuit Rules of 

Practice. This summary does not include any minor stylistic changes that may 

also be incorporated into the Federal Circuit Rules of Practice as part of this 

amendment process. 

• The Rule 25 amendments revise some deadline requirements for providing

paper copies of electronically-filed documents and clarify both the 

requirements for filing corrected versions and the Clerk’s Office’s compliance 

review process. A new Practice Note explains the new Clerk’s Office

procedure for filing paper copies of briefs and appendices if these 

amendments are adopted. Related conforming amendments for Rules 28, 29, 

30, and 31 are also proposed.

• The Rule 31 amendment would adopt a 21-day deadline for reply briefs in 

cross-appeals to align with pending amendments to the Federal Rules of 

Appellate Procedure 28.1 and 31.

• The Rule 32 amendment would align the Clerk’s Office briefing review 

process with the revised compliance review process proposed in Rule 25.

• A new Practice Notice to Federal Rule of Appellate Procedure 44 would 

clarify the notice requirements for parties challenging the constitutionality of 

a statute.
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CLERK’S OFFICE

September 2018 Page 2

2. Federal Circuit Rule 25

(REDLINED VERSION)

Rule 25. Filing and Service

* * *

(c) All Other Documents.

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

submitted in PDF through CM/ECF the court’s electronic filing 

system, and except as otherwise provided herein or as ordered 

by the court, and paper copies are not required to be provided. 

Paper copies of briefs, appendices, petitions for rehearing, and 

petitions for hearing en banc must be provided to the court after 

the filing of the electronic version of the briefs, appendices, or 

petitions first submitted through CM/ECF. 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 acceptance of the 

electronic brief 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 acceptance of the 

appendices issuance of a notice requesting paper copies.

* * *

(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 the court’s acceptance of the 
U.S. COURT OF APPEALS FOR THE FEDERAL CIRCUIT PROPOSED AMENDMENTS TO FCR

CLERK’S OFFICE

September 2018 Page 3

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 vVersions. 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 dDocuments. 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. Documents The party must serve documents 

filed pursuant to this subsection must be served by an 

alternate method of service 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.
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September 2018 Page 4

(I) Motion for eExemption. 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, the court may exempt a party from 

CM/ECF requirements and authorize filing by means 

other than use of CM/ECF.

* * *

(K) Review and Correction by the Clerk of Court. The 

clerk of court may require a corrected copy of any 

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

the CM/ECF User Manual. The clerk of court may edit a 

CM/ECF filer’s docket entry or the clerk of court’s own 

entry to correct or supplement the text, and such a 

revision will be so identified.

(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.

* * *

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

court may require the filing of a corrected copy of any 

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

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

corrected copy in response to a notice requiring correction from 

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

edit docket entries to correct or add text or attachments and any 

such revision will be identified on the docket.
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September 2018 Page 5

Practice Notes

* * *

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, non-expedited cases, the clerk of court issues this notice shortly 

after briefing concludes. Paper copies for petitions and briefs related to 

panel rehearing, en banc hearing, or en banc rehearing are due after the 

filing of the electronic version as required by Federal Circuit Rule 

25(c)(1)(C)-(F). Unrepresented parties must provide paper copies at the 

time for filing of the original brief.
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September 2018 Page 6

(PROPOSED VERSION)

Rule 25. Filing and Service

* * *

(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.

* * *

(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 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 
U.S. COURT OF APPEALS FOR THE FEDERAL CIRCUIT PROPOSED AMENDMENTS TO FCR

CLERK’S OFFICE

September 2018 Page 7

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, the court may exempt a party from 

CM/ECF requirements and authorize filing by means 

other than use of CM/ECF.

* * *
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CLERK’S OFFICE

September 2018 Page 8

(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.

* * *

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

court may require the filing of a corrected copy of any 

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

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

corrected copy in response to a notice requiring correction from 

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

edit docket entries to correct or add text or attachments and any 

such revision will be identified on the docket.

Practice Notes

* * *

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, 

non-expedited cases, the clerk of court issues this notice shortly after 

briefing concludes. Paper copies for petitions and briefs related to panel 

rehearing, en banc hearing, or en banc rehearing are due after the filing of 

the electronic version as required by Federal Circuit Rule 25(c)(1)(C)-(F). 

Unrepresented parties must provide paper copies at the time for filing of 

the original brief.
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CLERK’S OFFICE

September 2018 Page 9

3. Federal Circuit Rule 28

(REDLINED VERSION)

Rule 28. Briefs

* * *

(d) Brief Containing Material Subject to a Protective Order.

(1) Confidentiality.

* * *

(2) Two Versions of Briefs. If a party refers in a brief to material 

subject to confidentiality under as permitted by Federal Circuit 

Rule 28(d), then two versions of the briefs must be filed. See 

Federal Circuit Rule 25 for requirements on filing briefs through 

CM/ECF, with paper copies to follow. The following subsections 

relate to the paper briefs that are filed after a brief is accepted 

for filing through CM/ECF.

(PROPOSED VERSION)

Rule 28. Briefs

* * *

(d) Brief Containing Material Subject to a Protective Order.

(1) Confidentiality.

* * *

(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. 
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September 2018 Page 10

4. Federal Circuit Rule 29

(REDLINED VERSION)

Rule 29. Brief of an Amicus Curiae

(a) Content; Form; Copies. 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. Amicus curiae must file six paper copies 

of the brief within five business days of the clerk of court’s acceptance 

of the electronic version of the brief.

(PROPOSED VERSION)

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.
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September 2018 Page 11

5. Federal Circuit Rule 30

(REDLINED VERSION)

Rule 30. Appendix to the Briefs

(a) Purpose; Content of Appendix; Time for Filing; Number of 

Copies; Cover; Service.

* * *

(5) Number of Copies. Six paper copies of the appendix must be 

filed with the court in accordance with Federal Circuit Rule 

25(c).

(PROPOSED VERSION)

Rule 30. Appendix to the Briefs

(a) Purpose; Content of Appendix; Time for Filing; Number of 

Copies; Cover; Service.

* * *

(5) Number of Copies. Six paper copies of the appendix must be 

filed with the court in accordance with Federal Circuit Rule 

25(c).
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September 2018 Page 12

6. Federal Circuit Rule 31

REDLINED VERSION

Rule 31. Serving and Filing Briefs

(a) Time for Service and Filing.

* * *

(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 14 21 days after appellant’s reply brief is served.

* * *

(b) Number of Copies. Except for briefs containing material subject to a 

protective order (see Federal Circuit Rule 28(d)), six 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).

must be filed with the court. Counsel will be directed by the clerk’s 

office to file the paper copies after the copy submitted through CM/ECF 

is accepted for filing. If the brief is filed by a pro se party, then three 

paper copies are required to be filed with the court.
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(PROPOSED VERSION)

Rule 31. Serving and Filing Briefs

(a) Time for Service and Filing.

* * *

(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.

* * *

(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).
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CLERK’S OFFICE

September 2018 Page 14

7. Federal Circuit Rule 32

(REDLINED VERSION)

Rule 32. Form of Briefs, Appendices, and Other Papers; Length

(a) Nonconforming Brief. The clerk of court may refuse to file require 

corrections to any brief that has not been prepared in conformity with 

Federal Rule of Appellate Procedure 32, except that; 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.

(PROPOSED VERSION)

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.
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September 2018 Page 15

8. Federal Circuit Rule 44 

(REDLINED VERSION)

Practice Note

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.

(PROPOSED VERSION)

Practice Note

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.