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UNITED STATES COURT OF APPEALS 

FOR THE FEDERAL CIRCUIT

REVISED PROTOCOLS FOR IN-PERSON ARGUMENTS

(January 18, 2022)

Starting with the September 2021 court sitting, the United States Court of 

Appeals for the Federal Circuit will resume in-person argument. This document sets 

forth Protocols that will govern appearances for that sitting and future sittings until 

further notice. See Administrative Order 2021-10 (June 22, 2021). These Protocols

reflect the court’s strong preference for in-person argument, based on the court’s 

experience of its distinctive value, and the court’s concern for the health and safety

of the court and its staff, the bar, and the public. Because of the evolving publichealth guidance concerning the COVID-19 pandemic, the court may modify these 

Protocols as needed. The current version and any updates will be posted online at

https://cafc.uscourts.gov/home/the-court/notices-announcements/covid-19-

information-page/. 

In General

• Only arguing counsel and no more than one attendee whose presence is

necessary to assist or supervise arguing counsel (e.g., a client, lawyer 

sitting second chair, or paralegal) are permitted access to the National 

Courts Building and the courtroom. All counsel are advised that the 

court will not entertain any motions to expand access to attend 

argument beyond arguing counsel and the one necessary attendee.

• Counsel and attendees may access only the main lobby, the public elevators, 

the courtroom designated for argument, and the lobby area and restrooms 

immediately outside of the designated courtroom. Following security 

screening in the main lobby, counsel and attendees must report directly to 

the assigned courtroom (instead of the usual practice of checking in with 

the Clerk’s Office). Once arriving at the courtroom, counsel must check in 

with court staff. Counsel and associated attendee must sit together and

only in the areas of the courtroom designated by court staff.
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• Regardless of vaccination status, all counsel and attendees must wear 

masks and observe physical distancing while on the premises. Counsel 

and attendees must use only N-95, KN-95, or KF-94 masks within 

the National Courts Building.

• Regardless of vaccination status, no counsel or attendee may enter the 

National Courts Building if they:

o Tested positive for COVID-19 within the previous 14 days, 

o Are currently awaiting the results of a COVID-19 test,

o Have been directed to either isolate or self-quarantine by any 

physician, hospital, or health agency, 

o Have had symptoms consistent with COVID-19 within the previous 14 

days, such as a temperature in excess of 100.4 degrees Fahrenheit,

chills, cough, shortness of breath or difficulty breathing, unusual 

fatigue, muscle or body aches, headache, new loss of taste or smell, sore 

throat, congestion, nausea or vomiting, or diarrhea, 

o Have traveled internationally within the previous 14 days, or

o Within the previous 14 days, have had known close contact (as defined 

by guidance provided by the CDC) with a person who has been 

diagnosed with COVID-19. 

• To enter the National Courts Building and the courtrooms, counsel 

and attendees will be required to show proof of having received a 

negative polymerase chain reaction [PCR] COVID-19 test 

administered within the prior 72 hours of oral argument. Counsel 

and attendees must have those PCR tests administered after 

completion of any commercial travel to the Washington, D.C area 

for argument. 

• Arguing counsel who would prefer not to complete this process or who would 

prefer to appear remotely for any other reason may elect to do so by 

checking the applicable box on Form 33A (Certification of Compliance with 

Revised Protocols for In-Person Argument).
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• Arguing counsel must certify in advance of the sitting that they have read, 

understand, and will comply with these Protocols and that they are 

responsible for ensuring that an attendee has read and will comply with the 

Protocols while in the National Courts Building. Counsel’s certification 

must be made on the form prescribed by the court (Form 33A Certification

of Compliance with Revised Protocols for In-Person Argument) and filed 

electronically along with the Response to Notice of Argument or as 

otherwise directed by the Clerk’s Office. 

Intervening Events that Prevent In-Person Appearance

• The court understands that certain intervening events may prevent 

arguing counsel from being able to comply with these Protocols on the day 

of argument for COVID-19-related reasons. 

• Counsel experiencing any COVID-19-related symptoms or who are required 

to quarantine should advise the Clerk’s Office as soon as possible by calling 

202-275-8049. Counsel must also promptly file a motion seeking leave to 

appear remotely at argument. If counsel’s motion requires the disclosure 

of personal medical information, counsel is authorized, without the need for 

additional leave of court, to file a separate confidential and nonconfidential 

version of the motion pursuant to Federal Circuit Rule 25.1. 

• Out of respect for the time and resources expended by the court and the 

parties in preparation for oral argument, every attempt will be made to go 

forward with the argument as scheduled. 

• The court will not adjust argument solely because a counsel attendee is

unable to enter the National Courts Building.

Notification of Potential Exposure

• Counsel must notify the Clerk’s Office by calling 202-275-8049 if counsel or 

counsel’s attendee has exhibited symptoms or tested positive for COVID-19 

within five days after being in the National Courts Building.