UNITED STATES COURT OF APPEALS

FOR THE FEDERAL CIRCUIT

717 MADISON PLACE, N.W.

WASHINGTON, D.C. 20439

PETER R. MARKSTEINER

CLERK OF COURT

CLERK’S OFFICE

202-275-8000

January 20, 2023

NOTICE OF PROPOSED AMENDMENTS TO THE 

FEDERAL CIRCUIT RULES OF PRACTICE

Pursuant to 28 U.S.C. § 2071(b) and Federal Circuit Rule 47(a), the United States 

Court of Appeals for the Federal Circuit gives notice that it proposes to amend 

Federal Circuit Rules of Practice 26, 30, 31, 33, 33.1, 34, 39, and 47.6 and the Practice 

Notes to Rules 34, 42, 47.5, and 47.6. The proposed amendments are available on the 

court’s website. If adopted, the amendments would take effect on March 1, 2023. On 

that date, the court may also implement previously deferred amendments. Please 

refer to the court’s notice issued November 17, 2022.

Public comments must be received by the Clerk of Court on or before February 21, 

2023. Comments may be submitted by email to 

FederalCircuitRules@cafc.uscourts.gov or by mail as follows:

Proposed Rules Comments 2023 

Clerk’s Office, U.S. Court of Appeals for the Federal Circuit

717 Madison Place NW

Washington, DC 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 specifically 

requests that 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
U.S. COURT OF APPEALS FOR THE FEDERAL CIRCUIT SUMMARY OF PROPOSED

CLERK’S OFFICE AMENDMENTS

Summary of Proposed 

Amendments to the Federal 

Circuit Rules of Practice

January 2023

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

to the proposed amendments and should not substitute for reading 

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

court’s website in the two following formats.

Redlined Copy of the Proposed Amendments

Clean Copy 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.
U.S. COURT OF APPEALS FOR THE FEDERAL CIRCUIT SUMMARY OF PROPOSED

CLERK’S OFFICE AMENDMENTS

January 2023 Page 1

The court is proposing the following amendments to the Federal Circuit Rules of 

Practices (FCR) and corresponding Practice Notes:

1. Fed. Cir. R. 26: codifying the day after Thanksgiving as an official court holiday.

2. Fed. Cir. R. 30: requiring service of a paper copy of appendix on opposing 

principal counsel unless counsel deems it unnecessary.

3. Fed. Cir. R. 31: requiring service of a paper copy of each brief on opposing 

counsel unless counsel deems it unnecessary.

4. Fed. Cir. R. 33: eliminating settlement negotiation certification requirement; 

adding language encouraging use of mediation program and apprising court of 

ongoing settlement discussions; merging mediation provision of Fed. Cir. R. 33.1 

into 33; adding Practice Note originally proposed for Fed. Cir. R. 33.1 to 33 

instead.

5. Fed. Cir. R. 33.1: deleting the rule and merging mediation language into Fed. 

Cir. R. 33 and docketing statement language into Fed. Cir. R. 47.6.

6. Fed. Cir. R. 34: 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.

7. Fed. Cir. R. 39: adjusting citations to rules for copies taxable in the bill of costs.

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

requirements for FRAP 42(b).

9. Fed. Cir. R. 47.5: adding Practice Note regarding use of new court form to 

satisfy requirement for notice of related case information, which relates to a new 

provision proposed during the court’s September 2022 public comment period.

10. Fed. Cir. R. 47.6: creating new rule requiring filing of the docketing statement 

(moving the location of the original proposal from September 2022 to Fed. Cir. 

R. 47.6 instead of 33.1(b)); adding practice note originally proposed for Fed. Cir. 

R. 33.1 to 47.6 instead.