U.S. COURT OF APPEALS FOR THE FEDERAL CIRCUIT

CLERK’S OFFICE 

February 2024 - Version 1.0 Page 1

Guidance on Oral Argument Scheduling Conflicts

Pursuant to Federal Circuit Rule 34(d), the Clerk’s Office is providing guidance to clarify

the criteria for allowable and unallowable counsel scheduling conflicts with upcoming 

oral argument sessions. The list is neither dispositive nor exhaustive, and the Clerk’s 

Office reviews each submission in its entirety. However, this guidance applies to most

conflicts received, and it aims to provide helpful information regarding acceptable

scheduling conflicts. Notably, the Clerk’s Office may retract or modify this guidance in 

the future as circumstances dictate.

Following the end of briefing, the Clerk’s Office will request counsel submit a completed 

Form 32 providing up to ten (10) scheduling conflict dates for the next six (6) scheduled 

court sessions.1 Form 32 requires the identification of just one counsel of record, who is 

expected to argue in the matter and whose scheduling conflicts will be considered. 

Counsel should provide a concise list of the dates of unavailability with a brief 

description of the corresponding good cause for the conflict. If the same cause exists 

for multiple dates, counsel need only identify the cause once, associated with the 

dates to which that conflict applies. 

The Clerk’s Office reviews identified conflicts to determine whether they are allowable 

for good cause, or unallowable for lack of good cause. The key requirements for 

“good cause” are (1) certainty, meaning the conflict is already scheduled rather than 

suspected or in planning stages, (2) specificity, meaning the Clerk’s Office will not 

accept generalized conflicts with no elaboration, and (3) strong basis, meaning that 

the conflict is one that provides a strong reason for being unable to attend oral 

argument and that the conflict cannot be easily resolved or rescheduled.

The Clerk’s Office typically reviews and responds to scheduling conflicts within three (3) 

business days after filing. Submissions listing no conflicts will not receive a response. For 

detailed questions about the scheduling conflict review process or rejected conflict 

dates, please contact the Clerk’s Office at 202-275-8035 during normal business 

operating hours. 

1 However, counsel are reminded of their continuing obligation to advise the court of any 

additional scheduling conflicts or changes to existing scheduling conflicts that arise after counsel 

responds to the clerk of court’s initial notice. See Fed. Cir. R. 34(d)(2). 
U.S. COURT OF APPEALS FOR THE FEDERAL CIRCUIT

CLERK’S OFFICE 

February 2024 - Version 1.0 Page 2

Allowable Conflicts2 Generally Unallowable Conflicts3

• Scheduled participation in a hearing, 

trial, arbitration, or mediation.

• Scheduled participation in a trial or 

arbitration the week immediately 

following the oral argument session. 

• Scheduled participation in a trial or 

arbitration the week immediately prior

to the oral argument session, if there is 

any question the trial or arbitration may 

not be completed within the allotted 

timeframe.

• Scheduled travel to reach the location 

of a hearing, trial, arbitration, or 

mediation in this court or another 

tribunal.

• Scheduled medical appointments and 

recovery timeframes, including 

parental leave.

• Pre-planned vacation.

• Pre-planned family engagements.

• Service in a local governmental 

position, if arguing counsel’s

participation is necessary to continue 

the position’s function.

• Submissions with no explanation, 

including lack of specificity (e.g. 

“professional obligations,” “preexisting 

obligations,” “unavailable,” “engaged 

in proceedings,” etc.).

• Any dates in addition to the ten (10)

conflict dates allotted for the six (6)

court sessions identified on Form 32 

(barring extraordinary circumstances).

• Preparation for a hearing or mediation, 

other than the day immediately prior to

the proceeding.

• Filing deadlines or preparing paper 

filings for this court or any other tribunal.

• Depositions, which can typically be 

rescheduled.

• Bar or other industry group meetings or 

conferences, unless the attorney has 

already planned overseas travel.

• Generic speaking engagements.

• Client meetings, which can typically be 

rescheduled, unless the attorney has 

already planned overseas travel.

• Scheduling conflicts for anyone other 

than arguing counsel (e.g., the client, 

support staff, or additional counsel).

2 In the Form 32 submission, please clarify the degree of counsel’s participation in any legal 

proceedings (i.e., trial) asserted as the basis for a conflict. 

3 This guidance is intended to be informational and is nonbinding. While the Clerk’s Office will 

generally follow this guidance, it will review every conflict submission in its entirety and the 

ultimate decision for whether to allow a conflict is at the discretion of the Clerk’s Office.