U.S. COURT OF APPEALS FOR THE FEDERAL CIRCUIT Electronic Filing Procedures

CLERK’S OFFICE

March 2023– Version 3.2.1 Page 78 

VIII.Motion Reliefs

The following is an alphabetical listing of all reliefs available when filing a motion, 

as well as an explanation of the relief.

Relief Explanation

additional time at oral 

argument

Use to request additional argument time at oral 

argument.

allow argument Use to request argument in a case.

allow costs Use to request that costs be permitted under 

Fed. R. App. P. 39 and Fed. Cir. R. 39. This can 

be used if either the court did not authorize 

costs in the case or if certain requested costs 

would not ordinarily be taxable (e.g., shipping).

attorney fees and 

expenses

Use to request attorney fees under Fed. Cir. R.

47.7. Note: Equal Access to Justice Act fee 

requests must be submitted using the relief 

EAJA attorney fees and expenses. 

clarify Use to request clarification from the court.

consolidate appeals Use to request consolidation of specified 

related cases. Note: The cases would be 

briefed and argued jointly. Such a motion 

should be filed in all cases that would be newly 

consolidated.

continue stay Use to request that a case continue to be 

stayed.

correct/supplement Use when seeking to correct or supplement a 

document that already appears on the Federal 

Circuit’s docket report. Also use to request 

leave to supplement the record.

deconsolidate appeals Use to request the deconsolidation of a 

currently consolidated set of cases. The motion 

must specify which cases are to be 

deconsolidated, and what the relationship 

between the deconsolidated cases should be 

(e.g., proceed as stand-alone cases, as 

companion cases, or consolidated into 

subsets). The motion must be submitted in the 

lead case only.

dismiss appeal pursuant to 

FRAP 42(b)

Use to request voluntary dismissal under Fed. R. 

App. P. 42(b).

disqualify Use when moving to disqualify an attorney or 

law firm from a case.
U.S. COURT OF APPEALS FOR THE FEDERAL CIRCUIT Electronic Filing Procedures

CLERK’S OFFICE

March 2023– Version 3.2.1 Page 79 

Relief Explanation

EAJA attorney fees and 

expenses

For filing an application for attorney fees and 

expenses under the Equal Access to Justice Act 

(see Form 20). Use to request attorney fees 

under the Equal Access to Justice Act. Note: 

Other attorney fee requests must be submitted 

using the relief attorney fees and expenses.

exempt from electronic 

filing

Use to request that a specific electronic filer, a 

given document, or the case in general be 

exempt from electronic filing under FCR 25.

expedite briefing Use to request an expedited briefing schedule 

and include a proposed schedule. Note: Also 

select expedite hearing as a second relief if 

seeking an expedited hearing.

expedite hearing Use to request an expedited hearing. Note: 

Also select expedite briefing as a second relief 

if seeking expedited briefing. 

expedite other Use for any other requests to expedite.

extend time to file a 

response to en banc or 

rehearing petition

Use to request an extension of time for a 

response to a petition for rehearing or en banc 

hearing, or to request leave to file a response 

out of time.

extend time to file 

appendix

Use to request an extension of time for an 

appendix or supplemental appendix, or to 

request leave to file an appendix out of time. 

extend time to file brief Use to request an extension of time to file any 

type of brief, or to request leave to file a brief 

out of time.

extend time to file other Use to request an extension of time for all other 

documents not covered by the existing

extension reliefs (including requests for leave to 

file a document out of time).

extend time to file petition 

for rehearing/en banc

Use to request an extension of time to file a 

petition for panel rehearing or rehearing en 

banc, or to request leave to file a petition out 

of time.

hear case before the same 

merits panel

Use to request that a case be heard by the 

same panel of judges as a prior related case.

highly sensitive document 

protection

Use to request that a document be classified as 

highly sensitive pursuant to Administrative Order 

2021-04 issued on January 13, 2021. Review the

Order here.

in camera proceedings Use to request that argument occur in a sealed 

courtroom to allow for inclusion of confidential 

material. 
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CLERK’S OFFICE

March 2023– Version 3.2.1 Page 80 

Relief Explanation

issue mandate Use to request that the court issue the mandate 

immediately.

leave to appear as counsel Use to request leave to file an entry of 

appearance pursuant to Fed. Cir. R. 47.3(b)(4) 

after a case is assigned to a merits panel. Also 

used to request leave to appear as counsel 

without bar membership.

leave to file a 

response/reply

Use to request leave to respond or reply to a 

document that does not allow for a 

response/reply under the Rules. Note: The 

proposed response or reply must be uploaded 

as an attachment to the motion and must not 

be filed separately. 

leave to file amicus brief 

on en banc or rehearing 

petition

Use to request leave to file a brief as an amicus

curiae on a petition for hearing en banc or 

petition for rehearing under Fed. Cir. R. 35(g) or

40(f). Note: The proposed brief must be 

uploaded as an attachment to the motion and 

must not be filed separately. 

leave to file an amicus 

curiae brief

Use to request leave to file a brief as an amicus 

curiae under Fed. Cir. R. 21(e) or Fed. R. App. P. 

29(a)(3). Note: The proposed brief must be 

uploaded as an attachment to the motion and 

must not be filed separately. 

leave to file supplemental 

appendix

Use to request leave to file a supplemental 

appendix. Note: The proposed appendix must 

be uploaded as an attachment to the motion 

and must not be filed separately. A motion is 

not required to file a supplemental appendix 

under Fed. Cir. R. 30(e).

leave to file supplemental 

brief

Use to request leave to file a supplemental brief 

or sur-reply brief, or to request a supplemental 

briefing schedule. Note: Any proposed brief 

must be uploaded as an attachment to the 

motion and must not be filed separately. 

leave to intervene Use to request leave to intervene. Note: If 

intervention is already authorized by statute, a 

motion is not required and the filer may use the 

event notice of intervention.

leave to proceed in forma 

pauperis

Access to the document is restricted and is only 

available to users associated with the case.
U.S. COURT OF APPEALS FOR THE FEDERAL CIRCUIT Electronic Filing Procedures

CLERK’S OFFICE

March 2023– Version 3.2.1 Page 81 

Relief Explanation

lift injunction Use to request that an underlying injunction be 

lifted pending appeal under Fed. R. App. P. 8 

or 18. Note: If the Federal Circuit has not yet 

docketed the case, a motion under this rule 

must be filed under Utilities  Submit New 

Case.

lift stay Use to request that a stay of a case be lifted. 

Also use to request that an underlying stay be 

lifted pending appeal under Fed. R. App. P. 8 

or 18. Note: If the Federal Circuit has not yet 

docketed the case, a motion under this rule 

must be filed under Utilities  Submit New 

Case.

limited remand Use to request a partial or limited remand of 

the case to the originating court/agency. 

Note: To request a remand of the entire case, 

use the relief terminate appeal.

modify protective order Use to request modification of a protective 

order.

modify the official caption Use to request non-typographical or otherwise 

substantive changes to the official caption, 

such as a missing party or party name change. 

Note: A request to substitute parties should use 

the relief substitute party. Typographical or 

other non-substantive changes may be 

identified to the court using the event notice of 

objection to the caption.

other relief Use this relief only when no other relief applies. 

Note: If there is uncertainty as to whether a 

different relief should apply, please contact the 

Clerk’s Office.

reactivate appeal under 

FRAP 4(a)(4)

Use to request that the court reactivate a case 

under Fed. R. App. P. 4(a)(4) following 

disposition of pending post-judgment motions.

recall mandate Use to request that the court recall the 

mandate if it has already issued.

reconsider order Use to request that the court reconsider an 

order. Note: if requesting reconsideration of an 

order terminating a case, also select the relief 

reopen case.

reconsider order en banc Use to request that the court reconsider an 

order en banc. Note: If requesting 

reconsideration of an order terminating a case, 

also select the relief reopen case.

recuse judge Use to request that a given judge not be 

assigned to a merits/motions panel. 
U.S. COURT OF APPEALS FOR THE FEDERAL CIRCUIT Electronic Filing Procedures

CLERK’S OFFICE

March 2023– Version 3.2.1 Page 82 

Relief Explanation

reissue as precedential Use to request that the court reissue a decision 

or order as precedential under FCR 32.1(e).

remove confidential 

document from CM/ECF

Use to request that a document designated as 

highly sensitive be removed from CM/ECF 

pursuant to Administrative Order 2021-04 issued 

on January 13, 2021. Review the Order here.

reopen case Use to request that a case be reinstated.

reschedule argument Use to request rescheduling of an alreadyscheduled oral argument.

sanction Use to request that the court levy sanctions on 

an attorney or party.

schedule oral argument Use to request a specific date/time for oral 

argument to be held.

seal case Use to request that a case be sealed.

seal document Use to request that the court restrict access to 

a document.

set briefing schedule Use to request a briefing schedule that is 

different from the schedule required by the 

Rules or issued by the court. Note: If requesting 

an expedited briefing schedule, use the relief 

expedite briefing. Individual brief or appendix 

extension requests should be submitted using 

the reliefs extend time to file brief or extend 

time to file appendix.

stay appeal Use to request that a case be stayed.

stay mandate Use to request that the court stay issuance of 

the mandate.

stay pending appeal – Rule 

8/18

Use to request stay of an underlying order/case 

pending appeal under Fed. R. App. P. 8 or 18. 

Note: If the Federal Circuit has not yet

docketed the case, a motion under this rule 

must be filed under Utilities  Submit New 

Case.

strike document Use to request that a document be stricken inwhole or in-part. Note: A motion to strike must 

be included in a responsive brief if one is 

authorized or if leave is obtained under Fed. 

Cir. R. 27(e) and may not take the form of a 

separately filed motion.

substitute party Use to request substitution of one or more 

parties in a case. Note: To reflect a party name 

change in the official caption, use the relief 

modify the official caption. 

summary affirmance Use to request that a case be summarily 

affirmed.
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CLERK’S OFFICE

March 2023– Version 3.2.1 Page 83 

Relief Explanation

take judicial notice Use to request that the court take judicial 

notice.

temporary injunction 

pending appeal

Use to request a temporary injunction pending 

appeal under Fed. R. App. P. 8 or 18. Note: If 

the Federal Circuit has not yet docketed the 

case, a motion under this rule must be filed 

under Utilities  Submit New Case.

terminate appeal Use to request termination of a case or set of 

consolidated cases. The motion must specify 

all case number(s) to be terminated. Note: Use 

the relief summary affirmance for summary 

affirmance of a case, and dismiss appeal 

pursuant to FRAP 42(b) for voluntary dismissal 

requests.

transmit physical exhibits Use to request transmission of physical exhibits 

from the underlying court/agency to the 

Federal Circuit.

treat as companion case Use to request that specified related cases be 

scheduled for oral argument on the same day 

before the same merits panel. Note: The cases 

would not be consolidated and would still be 

briefed and argued separately. Such a motion 

should be filed in all cases that would be made 

companions.

unseal Use to request the unsealing of either a case or 

a document.

vacate Use to request that the court vacate an order 

or decision.

waive confidentiality 

requirements

Use to request waiver of the confidentiality 

requirements for any motion, petition, response, 

reply, or brief under Fed. Cir. R. 25.1(d)(1).

waive fees Use to request waiver of a required fee under 

Fed. Cir. R. 52. Note: motions for leave to 

proceed in forma pauperis must be filed under 

the event Motion for Leave to Proceed in Forma 

Pauperis, which is a restricted-view event.

waive oral argument Use to request that a case be submitted on the 

briefs instead of argued orally.

waive other requirement Use to request waiver of a requirement only if 

no other waive requirement relief applies.

waive requirements of brief 

or appendix

Use to request waiver of a requirement of a 

brief or appendix. Note: If requesting waiver of 

a confidentiality requirement under Fed. Cir. R. 

25.1(d), select the relief waive confidentiality 

requirements.
U.S. COURT OF APPEALS FOR THE FEDERAL CIRCUIT Electronic Filing Procedures

CLERK’S OFFICE

March 2023– Version 3.2.1 Page 84 

Relief Explanation

waive requirements of Rule 

27(f)

Use to request waiver of Fed. Cir. R. 27(f), which 

prohibits the filing of a motion to dismiss or 

remand an appeal if the appellant/petitioner 

has already filed its brief. Note: The relief 

terminate appeal or summary affirmance must 

also be selected if the motion simultaneously 

requests case termination.

withdraw attorney Use to request that principal counsel be 

withdrawn under Fed. Cir. R. 47.3(c). Note: An 

entry of appearance for replacement principal 

counsel should be submitted concurrently using 

its own event.

withdraw document A party that filed a document may use this 

relief to request that the document be 

withdrawn.

withdraw party Use to withdraw a party from the case. This 

relief should not be used instead of dismiss 

appeal pursuant to FRAP 42(b). 
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CLERK’S OFFICE

March 2023– Version 3.2.1 Page 85 

IX. Document Types

The following is an alphabetical listing of all available document types 

(“document events”), as well as an explanation of when to use each document 

type.

Document Types Explanation

Agreed Statement in Lieu 

of Certified List

Use only if the court has authorized the parties 

to file an agreed statement in lieu of the 

certified list.

Amended Notice of 

Appeal or Petition for 

Review

Use to file an amended notice of appeal or 

petition for review. In appeals from district 

court proceedings, an amended notice of 

appeal must be filed with the district court. Do

not file a courtesy copy with this court.

Bill of Costs Use to file a bill of costs (see Form 24).

Brief/Appendix or Joinder Use this event for all non-confidential briefs, 

appendices, and notices of joinder.

Certificate of Compliance 

– Protective Order 

Use to certify compliance with Fed. Cir. R. 

25.1(c) regarding modification of protective 

orders. The court does not have a separate 

form for this certificate.

Certificate of Compliance 

– Transcript

Use to file a certificate indicating no transcript 

will be ordered in compliance with Fed. R. App. 

P. 10(b)(1). See the Practice Notes to Rule 10 

for more information.

Certificate of Interest Use to file a certificate of interest (see Form 9). 

Refer to Fed. Cir. R. 47.4. If representing 

multiple parties, one combined certificate of 

interest should be filed for all parties. If a 

certificate of interest is included in a filing’s 

required contents, the certificate of interest

must be attached to that document and may 

not be filed separately using this event. The 

notice of related case information must be 

uploaded under its own event and may not be 

included as an attachment in the Certificate of 

Interest event.

Citation of Supplemental 

Authority – FRAP 28(j)

Refer to Fed. R. App. P. 28(j).
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CLERK’S OFFICE

March 2023– Version 3.2.1 Page 86 

Document Types Explanation

Confidential 

Brief/Appendix or Joinder

Use this event for all confidential briefs, 

appendices, and notices of joinder. PDFs 

uploaded using this event will not be available 

for viewing; you must serve the parties by an 

alternative method. See Fed. Cir. R. 25(e)(3).

Corrected Certificate of 

Service

Use to correct an incorrect proof of service 

attached to a filing or to identify service for a 

filing that failed to include proof of service. This 

event should not be used for an original proof 

of service; an original proof of service must be 

attached to the applicable document.

Docketing Statement Use to file a docketing statement (see Form 26). 

Refer to the court’s Mediation Guidelines and 

Fed. Cir. R. 47.6. 

Entry of Appearance Use to file an entry of appearance for counsel 

pursuant to Fed. Cir. R. 47.3 (see Form 8A). If 

representing multiple parties, file one 

combined entry of appearance for all parties 

(unless an attorney is principal counsel for only 

some portion of the represented parties, in 

which case separate entries of appearance

must be filed). Multiple counsel representing 

the same party can submit a single entry of 

appearance form. This event should not be 

used if an unrepresented party is also a 

member of the court’s bar; use the event 

Notice of Unrepresented Person Appearance.

Joint Stipulation of 

Voluntary Dismissal

Use to file a signed dismissal agreement by all 

parties under Fed. R. App. P. 42(b)(1) (see Form 

18). Motions to voluntary dismissal under Fed. R. 

App. P. 42(b) must be filed using the event 

Motion and selecting the relief Dismiss Appeal 

Pursuant to FRAP 42(b).

Letter or Notice Use to file a letter or notice that does not have 

a more specific event. If requesting relief, the 

document must take the form of a motion 

under Fed. R. App. P. 27 and be filed using the 

Motion event; if it does not take the form of a 

motion, the court may not act on or respond to 

the request.
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CLERK’S OFFICE

March 2023– Version 3.2.1 Page 87 

Document Types Explanation

Memorandum in Lieu of 

Oral Argument

Should the case be submitted on the briefs, use 

this event to submit a memorandum in 

accordance with the court’s notice of 

submission without oral argument.

Motion More than one relief may need to be selected, 

depending on nature of motion.

Motion for Leave to 

Proceed in Forma Pauperis

Use to file a motion for leave to proceed in 

forma pauperis (see Form 6). The document 

filed with this event is restricted and is not 

available to the public.

Notice of Correction Use to file a Notice of Correction to a 

document that appears on the Federal 

Circuit’s docket report. The corresponding 

corrected version of the document must be 

uploaded under its own event and may not be 

included as an attachment in the Notice of 

Correction event.

Notice of Election to

Participate Pursuant to 37 

CFR 1.983

Use to file a Notice of Election to Participate in 

a pending appeal from the U.S. Patent and 

Trademark Office.

Notice of Intent to Use 

Visual Aids

Refer to Fed. Cir. R. 34(c) and the Guide for

Oral Argument.

Notice of Intervention Use only to file a notice of intervention 

authorized by statute (see Fed. R. App. P. 

15(d)). A motion for leave to intervene must be 

filed using the event Motion instead if 

intervention is not authorized by statute.

Notice of Joinder to 

Document

Use when joining in another party’s document. 

Do not use for joinders to briefs (use 

Brief/Appendix or Joinder instead).

Notice of Objection to the 

Caption

Use to request modification of the official 

caption only if there are clear errors in the 

caption (e.g., misspelling, incorrect 

designation). Any non-typographical or 

otherwise substantive changes (e.g., missing 

party, party name change, or party 

substitution) must be requested through a 

motion.

Notice of Physical Filing –

FCR 25(c)(1)(B)

Refer to Fed. Cir. R. 25(c)(1)(B). This event may 

only be used for filings permitted by this rule.
U.S. COURT OF APPEALS FOR THE FEDERAL CIRCUIT Electronic Filing Procedures

CLERK’S OFFICE

March 2023– Version 3.2.1 Page 88 

Document Types Explanation

Notice of Related Case 

Information

Use to file a notice of related case information 

(see Form 9A) only if required by Fed. Cir. R. 

47.5(b).

Notice of Unrepresented 

Person Appearance

Use to file a notice of unrepresented person 

appearance pursuant to Fed. Cir. R. 47.3 (see

Form 8B).

Notice Regarding 

Bankruptcy

Use only to notify the court of bankruptcy 

proceedings.

Notice Regarding Pending 

FRAP 4(a)(4)(A) Motions

Refer to Fed. R. App. P. 4(a)(4)(A) and the 

Practice Notes to Rule 4.

Other Document Use only when no other event applies. If there 

is uncertainty as to whether a different event 

should apply, please contact the Clerk’s 

Office. 

Pay Docketing Fee If the fee was not paid when the case was 

submitted, use this event to pay the docketing 

fee after the case is opened.

Petition Refer to Fed. Cir. R. 35, 40. Use this event only 

for filing petitions for panel or en banc 

rehearing or petitions for en banc hearing.

Reply Use to reply to a Response/Opposition, or to 

reply to another reply if granted leave. If filing 

a reply brief, use the event Brief/Appendix or 

Joinder.

Response to Court Use when responding to the court (e.g., show 

cause order).

Response to Notice of Oral 

Argument

Use to upload a completed Response to 

Notice of Oral Argument (Form 33). See Fed. 

Cir. R. 34(e)(1).

Response to Notice to 

Advise of Scheduling 

Conflicts

Use to notify the court of conflicts with potential 

argument dates. See Fed. Cir. R. 34(d)(2) and 

Response to Notice to Advise of Scheduling 

Conflicts (Form 32).

Response/Opposition Use to respond to a document not covered by 

another response/opposition event, or to file an 

objection to a bill of costs. If filing a response 

brief, use the event Brief/Appendix or Joinder.
U.S. COURT OF APPEALS FOR THE FEDERAL CIRCUIT Electronic Filing Procedures

CLERK’S OFFICE

March 2023– Version 3.2.1 Page 89 

Document Types Explanation

Response/Opposition with 

Incorporated Motion 

Use when filing a motion as part of a 

response/opposition. The title of the document 

must reflect the incorporation of the motion. 

This event will allow the user to select the 

requested relief(s).

Sealed/Confidential 

Document

Use for any confidential document other than 

a brief or appendix. PDFs uploaded using this 

event will not be available for viewing; you

must serve the parties by an alternative

method. See Fed. Cir. R. 25(e)(3).

Statement Concerning 

Discrimination – FCR 15(c)

Use to file a statement concerning 

discrimination (see Form 10). For Merit System 

Protection Board and arbitrator cases only.. 

See Fed. Cir. R. 15(c).

Status Report Use to file a status report that does not include 

an incorporated motion.

Status Report with 

Incorporated Motion 

Use when filing a motion as part of a status 

report. The title of the document must reflect 

the incorporation of a motion. This event will 

allow the user to select the requested relief(s).

Transcript Purchase Order 

Form

Use to file a transcript purchase order form (see

Form 22). Note: The transcript purchase order 

form is not required to be filed with this court. 

Refer to Fed. R. App. P. 10(b) for certifying 

compliance with transcript requirements. See 

also the Practice Notes to Rule 10.

USERRA Notification Form Use this event to file a USERRA notification form 

(see Form 6B). For Merit System Protection 

Board cases only (if applicable).