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UNITED STATES COURT OF APPEALS 

FOR THE FEDERAL CIRCUIT

REVISED PROTOCOLS FOR IN-PERSON ARGUMENTS

(August 12, 2021)

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 

http://www.cafc.uscourts.gov/covid-19-information. 

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. 

• 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.

• Fully vaccinated individuals must wear masks in accordance with current

guidance from the U.S. Centers for Disease Control and Prevention (CDC).

Individuals are considered fully vaccinated for purposes of these Protocols 

14 days after receiving their second dose in a two-dose series vaccine or 14

days after receiving a single-dose vaccine. 
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• Individuals who are not fully vaccinated must wear masks and observe 

physical distancing in accordance with current guidance from the CDC.

• Fully vaccinated individuals shall not 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, or

o Currently have symptoms consistent with COVID-19, 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.

• Individuals who are not fully vaccinated shall not 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. 
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• To enter the courtroom, counsel and attendees will be required to attest to 

the fact that they are fully vaccinated or have received a negative COVID19 test administered within the prior 48 hours (polymerase chain reaction 

[PCR] tests preferred). Such process will be done by completing Form 33C

(Health and Safety Certification for In-Person Argument) on the day of 

argument and presenting the form to the courtroom deputy upon entry into

the courtroom. Such forms shall not be filed with the court ahead of time. 

Arguing counsel who would prefer not to complete this process may elect 

instead to appear remotely on Form 33A (Certification of Compliance with 

Revised Protocols for In-Person Argument). 

• 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. 

Motions for Leave to Appear Remotely

• Starting with the September 2021 arguing session on August 30, 2021, all 

oral arguments will be scheduled by the court to be in-person. 

Administrative Order 2021-10 (June 22, 2021). However, the court 

recognizes that some remote appearances during this transition period may 

be warranted because of COVID-19-related medical risk to certain arguing

counsel or members of arguing counsel’s household.

• Within 14 days of the notice of calendaring, arguing counsel seeking leave 

to appear remotely must complete Form 33B (Motion for Leave to Appear 

Remotely at Argument) and declare under penalty of perjury that counsel’s 

travel to, and physical presence at, argument would place counsel or a 

person in counsel’s household at an unacceptable risk of developing serious 

health complications from COVID-19. No other proof or evidence in support 

of the motion is needed.

• The permitting of one arguing counsel in a case to appear remotely because 

of COVID-19-related medical reasons does not excuse other arguing counsel 

in the case from having to appear in person.
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• Counsel who have been permitted to appear remotely must do so through 

videoconferencing unless the court directs otherwise. Before the scheduled 

argument, counsel will be responsible for securing adequate equipment and 

an adequate telecommunication connection to appear through 

videoconference. Counsel must also attend an orientation and equipment 

test session with court staff before the sitting at the time designated by the 

Clerk’s Office. The Clerk’s Office may disallow appearance by 

videoconference if court staff cannot confirm ahead of time that counsel is 

sufficiently able to appear by videoconferencing. In such a situation, 

counsel will be permitted to appear by audio teleconference.

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. Form 33B may 

not be used for filing this motion.

• 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.