PROPOSED AMENDMENTS TO THE FEDERAL CIRCUIT RULES OF PRACTICE APRIL 2020 

EDITOR’S NOTES

This document contains proposed substantive and non-substantive amendments to 

the Federal Circuit Rules of Practice. 

Rules without any amendments are omitted. 

All hyperlinks are for illustrative purposes only and will not work. 
PROPOSED AMENDMENTS TO THE FEDERAL CIRCUIT RULES OF PRACTICE APRIL 2020 

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Table of Contents 

Federal Circuit Rule 1 ............................................................................................... 1

Scope of Rules; Title

Federal Circuit Rule 3 ............................................................................................... 3

Appeal as of Right – How Taken

Federal Circuit Rule 4 ............................................................................................... 5

Appeal as of Right – Untimely Notice

Federal Circuit Rule 5 ............................................................................................... 8

Appeal by Permission

Federal Circuit Rule 8 ............................................................................................... 9

Stay or Injunction Pending Appeal

Federal Circuit Rule 10 ........................................................................................... 13

The Record on Appeal

Federal Circuit Rule 11 ........................................................................................... 15

Forwarding the Record

Federal Circuit Rule 12 ........................................................................................... 17

Federal Circuit Rule 15 ........................................................................................... 20

Review of an Agency Order – How Obtained

Federal Circuit Rule 17 ........................................................................................... 30

Filing the Record

Federal Circuit Rule 18 ........................................................................................... 34

Stay Pending Review

Federal Circuit Rule 21 ........................................................................................... 37

Writs of Mandamus and Prohibition, and Other Extraordinary Writs

Federal Circuit Rule 24 ........................................................................................... 40

Proceeding in Forma Pauperis

Federal Circuit Rule 25 ........................................................................................... 42

Filing and Service

Federal Circuit Rule 25.1 ........................................................................................ 59

Privacy and Confidentiality

Federal Circuit Rule 26 ........................................................................................... 66

Computing and Extending Time
PROPOSED AMENDMENTS TO THE FEDERAL CIRCUIT RULES OF PRACTICE APRIL 2020 

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Federal Circuit Rule 26.1 ........................................................................................ 71

Disclosure Statement

Federal Circuit Rule 27 ........................................................................................... 72

Motions

Federal Circuit Rule 28 ........................................................................................... 82

Briefs

Federal Circuit Rule 28.1 ........................................................................................ 92

Cross-Appeals

Federal Circuit Rule 29 ........................................................................................... 95

Brief of an Amicus Curiae

Federal Circuit Rule 30 ........................................................................................... 97

Appendix to the Briefs

Federal Circuit Rule 31 ......................................................................................... 112

Serving and Filing Briefs

Federal Circuit Rule 32 ......................................................................................... 116

Form of Briefs, Appendices, and Other Papers; Length

Federal Circuit Rule 32.1 ...................................................................................... 124

Citing Judicial Dispositions

Federal Circuit Rule 33 ......................................................................................... 127

Appeal Conferences

Federal Circuit Rule 33.1 ...................................................................................... 128

Mediation Guidelines

Federal Circuit Rule 34 ......................................................................................... 129

Oral Argument

Federal Circuit Rule 35 ......................................................................................... 135

En Banc Determination

Federal Circuit Rule 36 ......................................................................................... 145

Entry of Judgment

Federal Circuit Rule 39 ......................................................................................... 147

Costs

Federal Circuit Rule 40 ......................................................................................... 151

Petition for Panel Rehearing
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Federal Circuit Rule 41 ......................................................................................... 156

Issuance of Mandate

Federal Circuit Rule 45 ......................................................................................... 157

Clerk of Court’s Duties

Federal Circuit Rule 46 ......................................................................................... 160

Attorneys

Federal Circuit Rule 47 ......................................................................................... 163

Adoption of Local Rules

Federal Circuit Rule 47.2 ...................................................................................... 164

Panels

Federal Circuit Rule 47.3 ...................................................................................... 165

Representation and Appearance

Federal Circuit Rule 47.4 ...................................................................................... 169

Certificate of Interest

Federal Circuit Rule 47.5 ...................................................................................... 171

Statement of Related Cases

Federal Circuit Rule 47.7 ...................................................................................... 172

Attorney Fees and Expenses Incurred in This Court

Federal Circuit Rule 47.9 ...................................................................................... 174

Petition for Judicial Review Under 5 U.S.C. § 7703(d)

Federal Circuit Rule 47.10 .................................................................................... 177

Dismissal of a Bankruptcy Stay Case

Federal Circuit Rule 47.12 .................................................................................... 178

[Reserved]

Federal Circuit Rule 50 ......................................................................................... 179

Employee and Former Employee

(a) Restrictions on Practice.

Federal Circuit Rule 52 ......................................................................................... 181

Fees

Federal Circuit Rule 54 ......................................................................................... 184

Library

FEDERAL CIRCUIT ATTORNEY DISCIPLINE RULES .................................................. 185
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FEDERAL CIRCUIT RULE 1 

Scope of Rules; Title 

(a) Reference to District and Trial Courts and Agencies. 

(1) The terms “district court” and “trial court” include: 

(A) the United States district courts; 

(B) the United States Court of International Trade; 

(C) the United States Court of Federal Claims; and 

(D) if applicable, the United States Court of Appeals for Veterans 

Claims. 

(2) The term “agency” includes an administrative agency, board, 

commission, bureau, or officer of the United States, as well as certain 

arbitrators, including each of the following: 

(A) the Patent Trial and Appeal Board; 

(B) the Director of the United States Patent and Trademark 

Office; 

(C) the Trademark Trial and Appeal Board; 

(D) the United States International Trade Commission; 

(E) the Secretary of Commerce acting under U.S. note 6 to 

subchapter X of chapter 98 of the Harmonized Tariff Schedule 

of the United States (relating to importation of instruments or 

apparatus); 

(F) the Secretary of Agriculture acting under 7 U.S.C. § 2461; 

(G) the Merit Systems Protection Board; 

(H) certain arbitrators whose decisions are reviewable by this 

court; 

(I) the Boards of Contract Appeals in federal agencies; 

(J) the Secretary of Veterans Affairs acting under 38 U.S.C. 

§ 502; 
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FEDERAL CIRCUIT RULE 1 

(K) the Equal Employment Opportunity Commission acting under 

3 U.S.C. § 454; 

(L) the Federal Labor Relations Authority acting under part D of 

subchapter II of chapter 5 of title 3; 

(M) the Secretary of Labor or the Occupational Safety and Health 

Review Commission, under part C of subchapter II of chapter 

5 of title 3; 

(N) the Office of Compliance acting under 2 U.S.C. § 1407(a)(1); 

(O) the Government Accountability Office Personnel Appeals 

Board; or 

(P) the Bureau of Justice Assistance. 

(b) Rules of the Court of International Trade, Court of Federal Claims, 

and Court of Appeals for Veterans Claims. 

(1) Reference in these rules to the Federal Rules of Civil Procedure 

includes analogous rules of the Court of International Trade and the 

Court of Federal Claims. 

(2) Reference in these rules to the Federal Rules of Civil Procedure 

includes rules of the Court of Appeals for Veterans Claims only 

where applicable, because that court’s rules are derived from the 

Federal Rules of Appellate Procedure. 

(c) Title. 

These rules are to be known as the Federal Circuit Rules. 
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FEDERAL CIRCUIT RULE 3 

Appeal as of Right – How Taken 

(a) Opinion; Certified Copy of Docket Entries. 

When a notice of appeal is filed, the trial court clerk of court must promptly 

send to this court’s clerk of court a copy of the opinion, if any, that 

accompanied the judgment or order being appealed. The trial court clerk of 

court must certify the copy of the docket entries and send it with the notice 

of appeal. 

(b) Petition for Certification of Judgment of the High Court of the 

Trust Territory of the Pacific Islands. 

A petition for certification of a judgment of the High Court of the Trust 

Territory of the Pacific Islands under the Compact of Free Association: 

Federated States of Micronesia, Republic of Marshall Islands, Title II, Title 

One, Article VII, § 174(c), and the Compact of Free Association: Palau, Title 

II, Title One, Article VII, § 174(c), in 48 U.S.C. § 1901 note and § 1931 note, 

must be filed with this court’s clerk of court, but otherwise is deemed to be 

an appeal from the judgment of a district court for purposes of these rules. 

(c) Appeals Under 15 U.S.C. § 3416(c) and Petitions Under 42 U.S.C. 

§ 300aa-12(f). The filing fee for a notice of appeal under 15 U.S.C. § 3416(c) 

or a petition for review under 42 U.S.C. § 300aa-12(f) must be paid to the 

circuit clerk of court. Upon docketing of the appeal, the circuit clerk of court 

will forward instructions to the trial court clerk of court to comply with 

Federal Rule of Appellate Procedure 3(d) and Federal Circuit Rule 3(a). 
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Practice Notes to Rule 3 

FAILURE TO FILE A NOTICE OF APPEAL. 

Only a party that has filed a notice of appeal or cross-appeal may attack all or any 

part of the trial court judgment. Any other party in the trial court not filing a 

notice of appeal may participate in the appeal as an appellee but may not seek to 

overturn or modify the judgment. 

FEES. 

The fee schedule is set forth in Federal Circuit Rule 52. See also 28 U.S.C. § 1913, 

note 1 [Judicial Conference Schedule of Fees]. 

FILING AND DOCKETING AN APPEAL. 

An appeal is filed when the notice of appeal is received by the trial court. An 

appeal sent to this court by the trial court clerk of court is docketed when it is 

listed on the docket and assigned a docket number. 

FILING AND DOCKETING APPEALS UNDER 15 U.S.C. § 3416(c) AND 

PETITIONS UNDER 42 U.S.C. § 300aa-12(f). 

Notices of Aappeals under 15 U.S.C. § 3416(c) from the district courts concerning 

the enforcement of presidential subpoenas and orders during a natural gas 

shortage and petitions for review under 42 U.S.C. § 300aa-12(f) from the Court of 

Federal Claims vaccine determinations are filed in this court, unlike other 

appeals from those courts in which the notice of appeal is filed with the Cclerks of 

those courts. However, once these appeals or petitions are filed in this court, they 

are forwarded to the Clerks of those courts with instructions to comply with 

Federal Rule of Appellate Procedure 3(d).
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FEDERAL CIRCUIT RULE 4 

Appeal as of Right – Untimely Notice 

(a) Statutory Deadlines. 

The United StatesThis Ccourt of Appeals for the Federal Circuit cannot 

waive or extend the untimelystatutory deadlines for the filing of a notice of 

appeal or petition for review.

(b) Untimely Notice or Petition. 

The clerk of court may return a notice of appeal or petition for review that 

is untimely on its face.
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Practice Notes to Rule 4 

TIME TO APPEAL. 

The table below is provided only as a convenience for counsel, who should refer to 

the statutes and case law before determining the period available for taking an 

appeal. Counsel should also be aware of the district court’s authority under 

Federal Rule of Appellate Procedure 4 to extend or reopen the time for appeal. 

COURT STATUTE TIME 

District Courts 28 U.S.C. § 2107 30 days 

(60 days if U.S. is a party) 

15 U.S.C. § 3416(c) 30 days 

Court of International 

Trade 

28 U.S.C. § 2645(c) 60 days 

Court of Federal Claims Appeals 28 U.S.C. § 2522 60 days 

Petitions 42 U.S.C. 

§ 300aa-12(f) 

60 days 

Court of Appeals for 

Veterans Claims 

38 U.S.C. § 7292 60 days 

For petitions for review from agencies, see the Practice Note to Rule 15. Existing 

case law broadly requires this court to enforce statutory deadlines that limit the 

time allowed for the filing of a notice of appeal or petition for review, and to 

dismiss a case if the applicable deadline is not met, even if no party objects to 

such a filing as untimely and even if the filer asserts equitable grounds for 

excusing untimeliness. Parties should refer to the statutes and applicable case 

law to determine whether, in a particular situation, this court may disregard a 

timeliness defect not identified by a party or excuse non-compliance with a time 

limit for equitable reasons.
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Practice Notes to Rule 4 

DUTY TO NOTIFY THE CLERK OF POSTJUDGMENT MOTIONS 

PENDING IN THE TRIAL COURT. 

Even though the district court clerk must forward copies of later docket entries 

under Federal Rule of Appellate Procedure 3(d), the appellant should promptly 

notify this court’s clerk if any party in the case files a motion listed in Federal 

Rule of Appellate Procedure 4(a)(4). Any other party may also notify the clerk in 

such a case. Upon receiving the appropriate docket entries from the district court, 

theThis court’s clerk of court will deactivate thean appeal or petition if a motion 

listed in Federal Rule of Appellate Procedure 4(a)(4) remains pending. 

Deactivation of the appeal suspends all further action in the court of appeals. 

Upon reactivation of the appeal, the clerk of court will reschedule the next 

required filings and notify counsel. 

EXPEDITED PROCEEDINGS. 

The overall time for an appeal can be accelerated by the expeditious filing of a 

notice of appeal shortly after entry of final judgment in the trial forum. When a 

party is considering seeking expedited proceedings on appeal, the party should 

consider filing its notice of appeal and initialprincipal brief well before the 

applicable deadlines. For further information on expedition procedures, see the 

Practice Note to Rule 27. 
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FEDERAL CIRCUIT RULE 5 

Appeal by Permission 

(a) Petition. 

A petition for permission to appeal must be accompanied by a copy of the 

docket entries in the trial court. 

(b) Record; Certified Copy of Docket Entries. 

In an allowed appeal, the trial court must retain the record as provided in 

Federal Rule of Appellate Procedure 11(e) and in Federal Circuit Rule 

11(a). The trial court clerk of court must send a certified copy of the docket 

entries instead of the record. 

(c) Filing. 

For information concerning how to file a petition for permission to appeal, 

which is a case initiating document, see Federal Circuit Rule 25. 

Practice Note to Rule 5 

CASE INITIATION. 

The court’s case management/electronic case filing system (CM/ECF) provides for 

submission of case opening materials in cases in which parties are represented by 

counsel and requires payment of fees using pay.gov. Requirements are included in 

the court’s electronic case filing User Guide (www.cafc.uscourts.gov). 
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FEDERAL CIRCUIT RULE 8 

Stay or Injunction Pending Appeal 

(a) Notice of Appeal; Trial Court’s Judgment or Order. 

A motion for a stay or injunction pending appeal must be accompanied by

the following: 

(1) a copy of the filed notice of appeal that has been filed with the trial 

court clerk of courtor other document required to invoke this court’s 

jurisdiction; 

(2) a copy of the trial court’s judgment or order on the merits; 

(3) a copy of any order on the motion for a stay or injunction pending 

appeal; and 

(4) a certificate of interest under Federal Circuit Rule 47.4. 

(b) Length of Motion, Response, and Reply; Copies; Brief; Filing. 

(1) A motion or a response to a motion for a stay or injunction pending 

appeal may not exceed 5,200 words if produced using a computer or 

20 pages if handwritten or typewritten. A reply may not exceed 2,600 

words if produced using a computer or 10 pages if handwritten or 

typewritten. 

(2) No paper copies are required if the motion is filed by counsel through 

Electronic Case Filing (ECF). If the motion is filed by a pro se party, 

then one paper copy must be filed. 

(3) A separate brief supporting a motion, response, or reply is not 

permitted. 

(4) For information on filing a motion under this rule, when an appeal 

has been filed by the trial court but not yet docketed in this court, 

see the information in Federal Circuit Rule 25 and instructions on 

the court’s website for how to file a case initiating document. 
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FEDERAL CIRCUIT RULE 8 

(cb) Notice and Service When Requesting Immediate Action; Facsimile 

or Email. 

(1) A party moving for a stay or injunction pending appeal who 

requestsand requesting immediate action by the court must—before 

filing—notify all parties that a motion will be filed and must utilize 

an expedited method of service.

(2) If a motion for a stay or injunction pending appeal is sent to the 

court by facsimile or email transmission, which is only permitted 

under Federal Circuit Rule 25 for pro se parties who cannot file 

electronically through CM/ECF, opposing counsel must be served in 

the same manner. The filing must state the name, address, and, if 

applicable, the facsimile numbers or email addresses of the persons 

served.
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FEDERAL CIRCUIT RULE 8 

(dc) Statement. 

If an initial motion for a stay or injunction pending appeal was not made in 

the districttrial court under Federal Rule of Appellate Procedure 8(a)(1), 

the movant must include in its motion in this court a statement explaining 

why it was not practicable to do so. If an initial motion for a stay or 

injunction pending appeal was made in the districttrial court under 

Federal Rule of Appellate Procedure 8(a)(1) and remains pending, the 

movant must include in its motion in this court a statement specifically 

identifying when it filed the motion in the districttrial court and why it is 

not practicable to await a ruling by the districttrial court on that motion. 
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Practice Notes to Rule 8 

FORMAT REQUIREMENTS. 

See Federal Rule of Appellate Procedure 27(d) for format requirements 

concerning motions. 

CERTIFICATE OF INTEREST. 

The format is found in Form 9. 

CLERK’S OFFICE EMAIL. 

Email address (prose@cafc.uscourts.gov) may only be used by pro se filers and 

only for submission under this Rule or Federal Rule of Appellate Procedure 8. 

EMERGENCY RULE 8 FILINGS.

Parties should notify the Clerk’s Office as soon as possible when filing (or in 

anticipation of filing) a Rule 8 motion. On weekdays from 8:30 a.m. to 4:30 p.m. 

(Eastern Time), please call the Clerk’s Office at 202-275-8055. To notify the 

Clerk’s Office of emergency Rule 8 filings outside of normal operating hours that 

require action before the next business day, please call 202-275-8049 and email 

emergencyfilings@cafc.uscourts.gov. Absent proper notification, the Clerk’s Office 

may not be able to act on an after-hours, emergency filing before the next 

business day. 
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FEDERAL CIRCUIT RULE 10 

The Record on Appeal 

(a) Delay in Preparing the Transcript.

When a trial transcript is not filed in the trial court within sixty (60) days 

after it was ordered, the clerk oftrial court may direct the parties to proceed 

under Federal Rule of Appellate Procedure 10(c) or (d) of the Federal Rules 

of Appellate Procedure. 

(b) Agreed Statement. 

The filing of an agreed statement by the parties under Federal Rule of 

Appellate Procedure 10(d) does not relieve them of their obligation to 

compile and file the complete appendix required by Federal Rule of 

Appellate Procedure and Federal Circuit Rule 30.
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Practice Notes to Rule 10 

DAILY COPY. 

Using daily transcript copy in lengthy trial proceedings can reduce or eliminate 

appellate delay in awaiting transcription after trial. 

PROCEDURES TO EXPEDITE DELIVERY OF TRANSCRIPTS. 

District courts and regional circuit councils have procedures to expedite 

transcripts that may be available to counsel experiencing difficulty with late 

delivery of transcripts by court reporters. 

TRANSCRIPT COMPLIANCE; TRANSCRIPT PURCHASE ORDER FORM. 

To comply with Federal Rule of Appellate Procedure 10(b)(1)(B), the appellant 

may file a certificate with this court stating no transcript will be ordered. The 

court does not have a form for such a certificate, but the certificate will need to 

meet the standard requirements for any filing under Federal Rule of Appellate 

Procedure 32 and Federal Circuit Rule 32. Parties are not required to file the 

certificate if a transcript is being ordered from the reporter. Parties are not 

required to file the transcript purchase order form (Federal Circuit Form 22) with 

this court, regardless of whether a transcript will be ordered. Court reporters 

follow Federal Rule of Appellate Procedure 11(b) for preparing transcripts and 

notifying the court. 
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FEDERAL CIRCUIT RULE 11 

Forwarding the Record 

(a) Retaining the Record; Certified Copy of the Docket Entries; 

Physical Exhibits; Archival Storage. 

(1) The district court clerk must: 

(A) retain the assembled record unless this court, on motion or 

sua sponte, orders otherwise; and 

(B) send to this court a certified copy of the docket entries instead 

of the record. 

(2) Archival Storage. The district court clerk of court must not send 

the record to archival storage until this court issues its mandate. 

(b) Access of Parties and Counsel to the Original Record. 

(1) Material Not Subject to a Protective Order; Inspection and 

Copying. When a notice of appeal is filed, the trial court clerk of 

court must permit a party or counsel for a party to inspect and copy 

the nonconfidential original papers, transcripts, and exhibits to 

prepare the appendix. This inspection and copying is subject to 

reasonable regulation by the trial court. 

(2) Material Subject to a Protective Order; Inspection and 

Copying. A party or counsel for a party must be permitted to 

inspect and copy material in the record governed by a protective 

order of the trial court in accordance with that order. If this court 

modifies or annuls the protective order, the access of a party or 

counsel is governed by the order of this court. 
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FEDERAL CIRCUIT RULE 11 

(c) Status of a Protective Orders on Appeal. 

In general, any portion of the record that was subject to a protective order 

in the trial court shall remain subject to that order on appeal. Material 

shall lose its status as subject to a protective order, however, if and when it 

has been removed from protected status under Federal Circuit Rule 

30(h)(1)(B) or has appeared, without being marked confidential, in motion 

papers under Federal Circuit Rule 27 or a brief under Federal Circuit Rule 

28 in this court. Federal Circuit Rules 27(m)(1) and 28(d)(1) tightly limit 

confidentiality markings in a motion, response, or reply and in a 

briefFederal Circuit Rule 25.1(c) applies to the status of trial court 

protective orders and modification thereof. 

(d) Agreement by Parties to Modify a Protective Order; Certificate of 

Compliance. 

If any portion of the record in the trial court is subject to a protective order 

and a notice of appeal has been filed, each party must promptly review the 

record to determine whether protected portions need to remain protected 

on appeal. If a party determines that some portions no longer need to be 

protected, that party must seek an agreement with the other party. Any 

agreement that is reached must be promptly presented to the trial court, 

which may issue an appropriate order. Whether or not an agreement is 

reached, each party must file a certificate of compliance no later than the 

time for filing the joint appendix stating it complied with this rule. This 

Federal Circuit Rule 11(d) does not apply in a case arising under 19 U.S.C. 

§ 1516a, or to third party information marked as confidential. 

(e) Motion to Modify the Protective Order. 

A party may move at any time in this court to modify a protective order to 

remove protection from some material or to include another person within 

its terms. This court may decide the motion or may remand the case to the 

trial court. This court, sua sponte, may direct the parties to show cause 

why a protective order should not be modified. 
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FEDERAL CIRCUIT RULE 12 

(a) Notice of Docketing. 

The clerk of court must notify all parties of the date the appeal is docketed, 

the assigned appeal number, and the short case name. 

(b) Official Caption. 

The clerk of court must provide the parties with the official caption for the 

case at the time of docketing. Any objection to the official caption must be 

made promptly. 
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Practice Notes to Rule 12 

FILING AND DOCKETING AN APPEAL. 

An appeal is filed when the notice of appeal is received by the trial court. An 

appeal sent to this court by the trial court clerk of court is docketed when it is 

listed on the docket and assigned a docket number. 

DATE OF DOCKETING. 

The date of docketing starts the time running for filing briefs. See Federal Circuit 

Rule 31(a). 

REPRESENTATION STATEMENT. 

The requirements of Federal Rule of Appellate Procedure 12(b) are met by filing 

the entry of appearance and certificate of interest required under Federal Circuit 

Rules 47.3 and 47.4. If the attorney who filed the notice of appeal will not be 

representing any parties on appeal, the court will not require that attorney to file 

an entry of appearance or representation statement.

OFFICIAL CAPTION; PARTICIPATION IN THE APPEAL BY 

APPELLEES; CONSOLIDATION OF PREVIOUSLY CONSOLIDATED 

CASES AND CROSS APPEALSTRIAL COURT INTERVENORS. 

The clerk will provide the parties with the official caption in the case at the time 

of docketing. Any objection to the official caption should be made promptly. It is 

the court’s usual practice to include in the caption all parties that participated in 

the court below, even if they are no longer participating in the case on appeal. 

Parties included in the trial court title who have an adverse interest to the 

appellant but who are not cross-appealing will be deemed appellees. Parties 

permitted to intervene in the trial court as plaintiffs or defendants will usually be 

identified only as plaintiff or defendant on the official caption to avoid confusion 

with any third party permitted to intervene in the appeal. An appellee desiring 

not to file a brief or join in another party’s brief must notify the clerk of court who 

will strike the party’s designation as an appellee from the official caption. An 

appeal in a case that was consolidated in the trial court will be docketed under 

the title used for the consolidated case. When more than one party appeals from 

the same trial court case, the appeals or cross appeals will be consolidated by the 

clerk of court. Other appeals may be consolidated on motion or by the court sua 

sponte.
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Practice Notes to Rule 12 

TRANSFERRED APPEAL. 

An appeal transferred from another court will be given a new docket number and 

willmay be consolidated by the clerk of court with any previously docketed appeal 

from the same judgment or order. 

PARTICIPATION BY APPELLEES. 

It is the court’s usual practice to include in the official caption all parties 

participating in the court below at the time of entry of judgment, even if they are 

not participating in the appeal. Parties included in the trial court title that have 

an adverse interest to the appellant but that are not cross-appealing will be 

deemed appellees. An appellee desiring not to file a brief or join in another party’s 

brief should promptly notify the clerk of court. The clerk of court will remove the 

party’s designation as an appellee from the official caption. 

CONSOLIDATION. 

An appeal in a case that was consolidated in the trial court will be docketed under 

the title used for the consolidated case. When more than one party appeals from 

the same trial court case, the appeals or cross-appeals will usually be consolidated 

by the clerk of court. Other appeals may be consolidated on motion or by the court 

sua sponte. 
PROPOSED AMENDMENTS TO THE FEDERAL CIRCUIT RULES OF PRACTICE APRIL 2020 

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FEDERAL CIRCUIT RULE 15 

Review of an Agency Order – How Obtained 

(a) Petition for Review or Notice of Appeal; Payment of Fees; Address 

and Telephone NumberContact Information of Counsel or Pro 

SeUnrepresented Petitioner or Appellant; Number of Copies. 

(1) From the Patent and Trademark Office. To appeal a decision of 

the Patent Trial and Appeal Board, the Trademark Trial and Appeal 

Board, or the Director under 15 U.S.C. § 1071(a), the appellant must 

file in the Patent and Trademark Office a notice of appeal within the 

time prescribed by law. Notwithstanding Rule 25(b)(1), tThe 

appellant must simultaneously send tofile the notice with the clerk 

of court one paper copy of the notice and pay the fee set forth in 

Federal Circuit Rule 52. The Director must promptly advise the clerk 

of court thatwhether the notice is or is not timely. 

(2) From Another Agency.

(A) Except as provided in Federal Circuit Rule 15(a)(1), to petition 

or appeal from a decision or order of an agency, the petitioner 

must file a petition for review or notice of appeal with this 

court’s clerk of court within the time prescribed by law. Within 

14 days of filing, the petitioner must pay the clerk of court the 

fee set forth in Federal Circuit Rule 52.

(B) A petition filed by the Director of the Office of Personnel 

Management must be filed as prescribed in Federal Circuit 

Rule 47.9. 

(3) Address and Telephone NumberContact Information of 

Counsel or Pro SeUnrepresented Petitioner or Appellant. 

Each petition for review or notice of appeal must contain the 

counsel’s—or the pro seunrepresented petitioner’s or appellant’s—

name, current address, email address, and telephone number. 

(4) CopiesFiling and Payment. No additional paper copies are 

required to be filed with the court. A notice of appeal or petition for 

review submitted under this rule along with the fee set forth in 

Federal Circuit Rule 52, or a motion for leave to proceed in forma 

pauperis or other waiver, must be provided to this court in 

accordance with Federal Circuit Rule 25(b). 
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FEDERAL CIRCUIT RULE 15 

(b) Docketing Petition or Appeal; Notice of Docketing. 

(1) Docketing Upon Receipt. In a petition for review or appeal from 

an administrative agency, the clerk of court will docket a timely 

appeal or petition upon receipt. Parties represented by counsel must 

file the petition or appeal and pay any required fees through 

CM/ECF and pay.gov. Parties not represented by counsel must 

submit the petition or appeal in paper and pay the required fees by 

check within 14 days of docketing. Facsimile or email transmission is 

not permitted. Instructions for electronically filing case initiating 

documents such as a petition or appeal are posted on the court’s 

website.

(2) Untimeliness. The clerk of court may return a petition for review or 

notice of appeal that is untimely on its face. For an appeal or petition 

docketed by the court, Tthe agency or any party may advise the clerk 

of court concerning the untimeliness of anthe appeal or petition and 

the clerk may order the appellant to show cause why the appeal or 

petition should not be dismissed and refer the appellant’s response to 

the court. 

(3) Notice of Docketing. The clerk of court must notify all parties 

through CM/ECF of the date the appeal or petition for review is 

docketed, the assigned appeal number, and the short case name.

(4) Official Caption. The clerk of court will provide the parties with 

the official caption for the case at the time of docketing. Any 

objection to the official caption must be made promptly.

(c) Statement Concerning Discrimination. 

(1) Petitioner’s Statement. Within fourteen (14) days after a petition 

for review of a decision of the Merit Systems Protection Board or a 

decision of an arbitrator under 5 U.S.C. § 7121 is docketed, the 

petitioner must serve on the respondent and file with the clerk of 

court a statement indicating whether or not a claim of discrimination 

by reason of race, sex, age, national origin, or handicapped condition 

has been or will be made in the case. See Form 10A petitioner must 

file the statement on the form prescribed by the court. 
PROPOSED AMENDMENTS TO THE FEDERAL CIRCUIT RULES OF PRACTICE APRIL 2020 

22 

FEDERAL CIRCUIT RULE 15 

(2) Response When a Claim of Discrimination is Raised in a 

Motion or Brief. If the petitioner in a case described in Federal 

Circuit Rule 15(c)(1) files a motion or brief involving a claim of 

discrimination as to the case before the court, the respondent must 

state, in a responsive motion or brief, whether the respondent 

concurs or disagrees with the petitioner’s statement concerning 

discrimination and indicate whether or not the respondent believes 

that the court has jurisdiction over the petition for review, with 

reasons provided as necessary.

(3) Failure to File. Failure to file a completed discrimination 

statement may result in dismissal of the petition for review.

(d) Untimely Petition for Review or Notice of AppealArbitrator 

Contact Information. 

The clerk of court may return a petition for review or notice of appeal that 

is untimely on its faceAny petition for review from an arbitrator’s decision 

must include the arbitrator’s current mailing address, email address, and 

telephone number. 

(e) Notice of Election Under 35 U.S.C. § 141 or 15 U.S.C. § 1071(a)(1). 

A party filing a notice of election under 35 U.S.C. § 141 or 15 U.S.C. 

§ 1071(a)(1) with the Director of Patents and Trademarks must file a copy 

of the notice with the clerk of court, and the clerk of court must dismiss the 

appeal. 

(f) Judicial Review of Department of Veterans Affairs Rules and 

RegulationsUnder 38 U.S.C. § 502. 

(1) See Federal Circuit Rule 47.12Time for Filing. A petition for 

judicial review of an action of the Secretary of the Department of 

Veterans Affairs under 38 U.S.C. § 502 must be filed with the clerk 

of court within sixty (60) days after issuance of the action challenged 

in the petition.

(2) Parties. The Secretary of Veterans Affairs must be named the 

respondent. 
PROPOSED AMENDMENTS TO THE FEDERAL CIRCUIT RULES OF PRACTICE APRIL 2020 

23 

FEDERAL CIRCUIT RULE 15 

(3) Contents. The petition for judicial review must describe how the 

persons seeking review are adversely affected and must specifically 

identify either of the following: 

(A) the specific rules or other actions covered by 5 U.S.C. 

§ 552(a)(1) at issue in the petition; or 

(B) the notice-and-comment rulemaking process covered by 5 

U.S.C. § 553 at issue in the petition. 

(4) Procedure. Except as provided in Federal Circuit Rule 15(e), the 

procedures applicable to a petition for judicial review under 38 

U.S.C. § 502 are the same as those for a petition for review under 

Federal Rule of Appellate Procedure 15 and Federal Circuit Rule 15.
PROPOSED AMENDMENTS TO THE FEDERAL CIRCUIT RULES OF PRACTICE APRIL 2020 

24 

Practice Notes to Rule 15 

TIME TO APPEAL OR PETITION. 

The table below is provided only as a convenience to counselparties, who should 

refer to the statutes, rules, and case law before determining the period available 

for taking an appeal or filing a petition for review. Counsel should also note that

and the event that causesstarts the period to run varies in each case. 

AGENCY STATUTE TIME 

Arbitrator 5 U.S.C. §§ 7121, 7703 60 days 

Merit Systems Protection 

Board 

5 U.S.C. § 7703 60 days 

Government Accountability 

Office Personnel Appeals 

Board 

31 U.S.C. § 755 30 days 

Patent Trial and Appeal 

Board; Trademark Trial 

and Appeal Board; Director 

of Patents and Trademarks 

35 U.S.C. § 142 

15 U.S.C. § 1071 

37 C.F.R. §§ 90.3(a)(1), 

2.145 

2 months or 63 days 

International Trade 

Commission 

19 U.S.C. § 1337 60 days 

Board of Contract Appeals 41 U.S.C. § 7107 120 days 
PROPOSED AMENDMENTS TO THE FEDERAL CIRCUIT RULES OF PRACTICE APRIL 2020 

25 

Practice Notes to Rule 15 

AGENCY STATUTE TIME 

Secretary of Agriculture 7 U.S.C. § 2461 60 days 

Secretary of Veterans 

Affairs 

38 U.S.C. § 502 

Fed. Cir. R. 47.12(a)15(f)

60 days 

Secretary of Labor; 

Occupational Safety and 

Health Review 

Commission; Federal 

Labor Relations Authority; 

certain Merit Systems 

Protection Board cases and 

Equal Employment 

Opportunity Commission 

cases 

28 U.S.C. § 1296 30 days 

Board of Directors, Office 

of Compliance 

2 U.S.C. § 1407(c)(3) 90 days 

Bureau of Justice 

Assistance 

42 U.S.C. § 3796c-2 90 days 
PROPOSED AMENDMENTS TO THE FEDERAL CIRCUIT RULES OF PRACTICE APRIL 2020 

26 

Practice Notes to Rule 15 

FILING IN THE PATENT AND TRADEMARK OFFICE. 

A notice of appeal mailed to the Patent and Trademark Office should be 

addressed: 

Office of the Solicitor 

United States Patent and Trademark Office Mail Stop 8 

Post Office Box 1450 

Alexandria, Virginia 22313-1450 

The general counsel requests that hand delivery, if any, be made between the 

hours of 8:30 a.m. and 5:00 p.m. to: 

Office of the General Counsel 

Patent and Trademark Office 

Madison East 

10B20 600 Dulany Street 

Alexandria, Virginia 22314 

COPY OF DECISION OR ORDER. 

A party filing a petition for review or notice of appeal is urged to attach a copy of 

the decision or order of the agency for which review is sought. 

INTERVENTION. 

A party with the right to appeal or to petition for review may not, instead of 

exercising that right, intervene in another appeal or petition to seek relief in its 

own cause. Because the United States or an agency of the United States is often 

the only appellee or respondent in cases under this rule, any other party seeking 

to intervene on the side of the appellee or respondent must move for leave to 

intervene within thirty (30) days ofafter the date when the petition for review or 

notice of appeal is filed. A motion for leave to intervene out of time will be granted 

only in extraordinary circumstances. 
PROPOSED AMENDMENTS TO THE FEDERAL CIRCUIT RULES OF PRACTICE APRIL 2020 

27 

Practice Notes to Rule 15 

STATEMENT CONCERNING DISCRIMINATION STATEMENT. 

A discrimination statement formUsing Federal Circuit Form 10 satisfies the 

requirements under Federal Circuit Rule 15(c). The clerk of court will be included

Form 10 in the docketing package provided to any unrepresented petitioner 

seeking review of a decision of the Merit Systems Protection Board or an 

arbitrator. Failure to complete the discrimination statement will result in 

dismissal of the petition for review. See Form 10.

TIMELINESS. 

Except in inter partes appeals from decisions of the Patent Trial and Appeal 

Board or the Trademark Trial and Appeal Board, parties in agency proceedings 

do not have the 14-day “cross-appeal” period that Federal Rule of Appellate 

Procedure 4(a)(3) grants to parties appealing from trial courts. The court cannot 

waive the statutory time requirements for filing a petition for review or notice of 

appeal. 

CONSOLIDATION. 

When more than one party files aappeals, cross-appeals, or petitions for review or 

notice of appeal from rulings in the same underlying proceeding, the parties 

should inform the clerk of court and the petitions or appeals maywill usually be 

consolidated and an adjusted briefing schedule may be issuedby the clerk of court. 

Appeals or petitions for review from decisions involving the same or related 

patents from the same tribunal will usually be consolidated. Other appeals or 

petitions may be consolidated on motion or by the court sua sponte. 

ARBITRATION AWARDS IN THE UNITED STATES POSTAL SERVICE. 

These arbitration awards may not be appealed to this court. 

PROPER GOVERNMENTAL PARTY IN APPEALS FROM BOARDS OF 

CONTRACT APPEALS. 

In appeals from the boards of contract appeals, the title of the head of the federal 

agency is listed in the caption along with the name of the agency he or she heads. 
PROPOSED AMENDMENTS TO THE FEDERAL CIRCUIT RULES OF PRACTICE APRIL 2020 

28 

Practice Notes to Rule 15 

FILING AND DOCKETING A PETITION FOR REVIEW OR APPEAL. 

A petition for review or appeal is filed when the petition for review or notice of 

appeal is received by the court or, in the case of an appeal from the Patent and 

Trademark Office, when the notice of appeal is received by the Director of the 

United States Patent and Trademark Office. A petition for review or appeal is 

docketed when it is listed on the electronic docket and assigned a docket number

in CM/ECF. 

JUDICIAL REVIEW OF DEPARTMENT OF VETERANS AFFAIRS RULES 

AND REGULATIONS. 

Federal Circuit Rule 47.12 governs actions for judicial review of Department of 

Veterans Affairs rules and regulations under 38 U.S.C. § 502. The procedures to 

be followed in such actions are the same as provided in this rule, except as 

provided in Federal Circuit Rule 47.12. 

CHANGE OF HEAD OF AGENCY. 

In appeals in which the proper governmental party is the head of the agency, 

counsel for the government should promptly notify the clerk of court of any 

change that would affect the accuracy of the caption. 

AGENCY. 

The term agency in these rules includes a board, commission, bureau, or 

arbitrator. 

EXPEDITED PROCEEDINGS. 

The overall time for a review of an agency decision can be accelerated by the 

expeditious filing of a notice of appeal or petition for review shortly after entry of 

the reviewable agency order. When the appellant or petitioner is considering 

seeking expedited proceedings on appeal, the party should consider filing its 

notice of appeal or petition for review and initial principal brief well before the 

deadline for such actions. For further information on expedition procedures, see 

the Practice Notes to Rule 27. 
PROPOSED AMENDMENTS TO THE FEDERAL CIRCUIT RULES OF PRACTICE APRIL 2020 

29 

Practice Notes to Rule 15 

PARTICIPATION BY APPELLEES/RESPONDENTS. 

An appellee or respondent desiring not to file a brief or join in another party’s 

brief should promptly notify the clerk of court. 
PROPOSED AMENDMENTS TO THE FEDERAL CIRCUIT RULES OF PRACTICE APRIL 2020 

30 

FEDERAL CIRCUIT RULE 17 

Filing the Record 

(a) Retaining the Record; Sending the Certified List. 

The agency must retain the record and send to this court a certified list or 

index unless this court, on motion or sua sponte, orders otherwise. This 

requirement also applies to arbitrators whose decisions are reviewable by 

this court.

(b) Certified List or Index. 

(1) From the United States Patent and Trademark Office. No later 

than forty (40) days after receiving the notice of appealthis court 

dockets an appeal, the Director must send to the clerk of court the 

certified list and a copy of the decision or order appealed. This 

constitutes compliance with the requirement of 35 U.S.C. § 143 and 

15 U.S.C. § 1071(a)(3) for sending a certified record to the court. 

(2) From Another Agency. No later than forty (40) days after the 

court serves a petition for review or notice of appeal on an agency, 

the agency must send to the clerk of court the certified list or index 

and a copy of the decision or order being appealed. 

(3) Index of VA Rulemaking Record. In petitions for review under 38 

U.S.C. § 502, if a petitioner has not adequately identified the 

rulemaking proceeding complained of, so that the Secretary of 

Veterans Affairs cannot send the certified list or index within the 

time provided in Federal Circuit Rule 17(b)(2), the Secretary must 

promptly move to waive or extend the time for filing the certified list 

or index. 

(c) Service of Certified List or Index by Agency. 

When an agency sends a certified list or index to the clerk of court, it must 

simultaneously serve a copy on the parties and provide a certificate of 

service to the clerk of court. Service must be made on counsel for the 

appellant or petitioner who has served the agency with a copy of an entry of 

appearance in this court; otherwise, service must be made on counsel who 

appeared before the agency or, if none, on the party. This service 

constitutes notice to the parties of the date the record was filed.
PROPOSED AMENDMENTS TO THE FEDERAL CIRCUIT RULES OF PRACTICE APRIL 2020 

31 

FEDERAL CIRCUIT RULE 17 

(d) Access of Parties and Counsel to Original Record. 

(1) Material Not Subject to a Protective Order; Inspection and 

Copying. When a petition for review or notice of appeal is filed, the 

agency must permit a party or counsel for a party to inspect and copy 

the nonconfidential original papers, transcripts, and exhibits to 

prepare the appendix. This inspection and copying is subject to 

reasonable regulation by the agency. 

(2) Material Subject to a Protective Order; Inspection and 

Copying. A party or counsel for a party must be permitted to 

inspect and copy material contained in the record governed by a 

protective order of an agency in accordance with that order. If this 

court modifies or annuls the protective order, the access of a party or 

counsel is governed by the order of this court. 

(e) Status of a Protective Orders on Appeal. 

In general, any portion of the record that was subject to a protective order 

in an agency shall remain subject to that order on appeal. Material shall 

lose its status as subject to a protective order, however, if and when it has 

been removed from protected status under Federal Circuit Rule 30(h)(1)(B) 

or has appeared, without being marked confidential, in motion papers 

under Federal Circuit Rule 27 or a brief under Federal Circuit Rule 28 in 

this court. Federal Circuit Rules 27(m)(1) and 28(d)(1) tightly limit 

confidentiality markings in a motion, response, or reply and in a 

briefFederal Circuit Rule 25.1(c) applies to the status of agency protective 

orders and modification thereof. 
PROPOSED AMENDMENTS TO THE FEDERAL CIRCUIT RULES OF PRACTICE APRIL 2020 

32 

FEDERAL CIRCUIT RULE 17 

(f) Agreement by Parties to Modify Protective Order; Certificate of 

Compliance. 

If any portion of the record in an agency is subject to a protective order and 

a petition for review or notice of appeal has been filed, each party must 

promptly review the record to determine whether protected portions need 

to remain protected on appeal. If a party determines that some portions no 

longer need to be protected, that party must seek an agreement with the 

other party. Any agreement that is reached must be promptly presented to 

the agency, which may issue an appropriate order. Whether or not an 

agreement is reached, each party must file a certificate of compliance no 

later than the time for filing the joint appendix stating it complied with 

this rule. 

(g) Motion to Modify the Protective Order. 

A party may move at any time in this court to modify a protective order to 

remove protection from some material or to include another person within 

its terms. This court may decide the motion or may remand the case to the 

agency. This court, sua sponte, may direct the parties to show cause why a 

protective order should not be modified. 
PROPOSED AMENDMENTS TO THE FEDERAL CIRCUIT RULES OF PRACTICE APRIL 2020 

33 

Practice Notes to Rule 17 

TRANSCRIPT OF AGENCY PROCEEDING AT GOVERNMENT 

EXPENSE. 

These rules do not require an agency to provide a party with a written transcript 

at the agency’s expense. Any party seeking a written transcript of a hearing 

should direct the request to the agency, not the court. 

AGENCY. 

The term agency in these rules includes a board, commission, bureau, or 

arbitrator. 
PROPOSED AMENDMENTS TO THE FEDERAL CIRCUIT RULES OF PRACTICE APRIL 2020 

34 

FEDERAL CIRCUIT RULE 18 

Stay Pending Review 

(a) Petition for Review or Notice of Appeal; Agency Order. 

A petition for review or notice of appeal must be filed with this court before 

it will entertain a motion for a stay or injunction pending review. A motion 

for stay or injunction pending review must be accompanied by a certificate 

of interest under Federal Circuit Rule 47.4, a copy of the agency decision on 

the merits, and a copy of any agency order on the motion for a stay or 

injunction pending review. 

(b) Length of Motion, Response, and Reply; Copies; Brief. 

(1) A motion or a response to a motion for a stay pending review may 

not exceed 5,200 words if produced using a computer or 20 pages if 

handwritten or typewritten. A reply may not exceed 2,600 words if 

produced using a computer or 10 pages if handwritten or 

typewritten. 

(2) No paper copies are required if the motion is filed by counsel through 

CM/ECF. If the motion is filed by a pro se party, then one paper copy 

must be filed. 

(3) A separate brief supporting a motion, response, or reply is not 

permitted. 

(4) For information on filing a motion along with a petition or appeal 

under this rule, see the information in Federal Circuit Rule 25 and 

instructions in the User’s Guide on the court’s website 

(www.cafc.uscourts.gov) for how to file a case initiating document 

through CM/ECF. 

(cb) Notice and Service When Requesting Immediate Action; Facsimile 

or Email. 

(1) A party moving for a stay or injunction pending review who 

requestsand requesting immediate action by the court must – before filing

– notify all parties that a motion will be filed and must utilize an expedited 

method of service.
PROPOSED AMENDMENTS TO THE FEDERAL CIRCUIT RULES OF PRACTICE APRIL 2020 

35 

FEDERAL CIRCUIT RULE 18 

(2) If a motion for stay pending review is sent to the court by facsimile 

or email transmission, which is only permitted under Federal Circuit 

Rule 25 for pro se parties who cannot file electronically through 

CM/ECF, a certificate of interest must be included and opposing 

counsel must be served in the same manner. The filing must state 

the name, address, and, if applicable, the facsimile numbers of the 

persons served.

(dc) Statement. 

If an initial motion for a stay pending review was not made in the agency 

under Federal Rule of Appellate Procedure 18(a), the movant must include 

in its motion in this court a statement explaining why it was not 

practicable to do so. If an initial motion for a stay pending review was made 

in the agency under Federal Rule of Appellate Procedure 18(a) and remains 

pending, the movant must include in its motion in this court a statement 

specifically identifying when it filed the motion in the agency and why it is 

not practicable to await a ruling by the agency. 
PROPOSED AMENDMENTS TO THE FEDERAL CIRCUIT RULES OF PRACTICE APRIL 2020 

36 

Practice Notes to Rule 18 

FORMAT REQUIREMENTS. 

See Federal Rule of Appellate Procedure 27(d) for format requirements 

concerning motions. 

CERTIFICATE OF INTEREST. 

The form for the certificate of interest is found in Form 9. 

AGENCY. 

The term agency in these rules includes a board, commission, bureau, or 

arbitrator. 

CLERK’S OFFICE EMAIL. 

Email address (prose@cafc.uscourts.gov) may only be used by pro se filers. 

EMERGENCY RULE 18 FILINGS.

Parties should notify the Clerk’s Office as soon as possible when filing (or in 

anticipation of filing) a Rule 18 motion. On weekdays from 8:30 a.m. to 4:30 p.m. 

(Eastern Time), please call the Clerk’s Office at 202-275-8055. To notify the 

Clerk’s Office of emergency Rule 18 filings outside of normal operating hours that 

require action before the next business day, please call 202-275-8049 and email 

emergencyfilings@cafc.uscourts.gov. Absent proper notification, the Clerk’s Office 

may not be able to act on an after-hours, emergency filing before the next 

business day.
PROPOSED AMENDMENTS TO THE FEDERAL CIRCUIT RULES OF PRACTICE APRIL 2020 

37 

FEDERAL CIRCUIT RULE 21 

Writs of Mandamus and Prohibition, and Other Extraordinary Writs 

(a) Title; Fee; AnswerResponse. 

(1) A petition for writ of mandamus or prohibition directed to a court or 

an agency must be entitled: “In Re [name of petitioner], Petitioner.” 

(2) The petition must include a certificate of interest under Federal 

Circuit Rule 47.4. An entry of appearance for principal counsel under 

Federal Circuit Rule 47.3 must accompany the petition, unless the 

petitioner is pro seunrepresented. 

(3) The petition must state the name, address, telephone number and, if 

applicable, facsimile number of each personinclude proof of service 

under Federal Rule of Appellate Procedure 25(d) and be served

outside the court’s electronic filing system. 

(4) A petition filed under this rule must be filed with this court in 

accordance with Federal Circuit Rule 25(b). The fee set forth in 

Federal Circuit Rule 52, or a motion for leave to proceed in forma 

pauperis or other waiver, must accompany the petition. For counsel 

who must file the petition through CM/ECF, see the information in 

Federal Circuit Rule 25 and instructions in the User’s Guide on the 

court’s website (www.cafc.uscourts.gov) for how to file a caseinitiating document through CM/ECF and pay the fees through 

pay.gov.

(5) No answerresponse may be filed by any respondent unless ordered 

by the court. 

(b) Copies; Brief. 

(1) If the petition is filed by a pro se party, then one paper copy is 

required. No paper copies are required if counsel files the petition 

through CM/ECF as a case initiating document. 

(2) A separate brief supporting or answering a petition is not permitted. 
PROPOSED AMENDMENTS TO THE FEDERAL CIRCUIT RULES OF PRACTICE APRIL 2020 

38 

FEDERAL CIRCUIT RULE 21 

(3) No paper copies of a response or reply are required, if the response or 

reply is submitted through CM/ECF. If the respondent is pro se, then 

one paper copy of the response is required. If the petitioner is pro se, 

then one copy of the reply is required.

(cb) Reply. 

If the court directs the filing of a response to a petition, then the petitioner 

may file a reply. Unless otherwise ordered, the petitioner may file a reply 

within seven (7) days ofafter the date of the filing of the response. The 

court may act on the petition before receipt of any reply, and thus the filing 

of a reply should be expedited if appropriate. The reply may not exceed 

3,900 words if produced using a computerelectronically or fifteen (15) pages 

if handwritten or typewrittenotherwise. 

(c) Copies; Brief. 

(1) If the original petition, response, or reply is filed in paper form, then 

no additional copies are required. 

(2) The filer of a petition, response, or reply must not submit a separate 

brief in support of its filing. 

(d) Service of Order Denying Petition. 

If the petition is denied, the petitioner must serve a copy of the order 

denying the petition on all persons served with the petition unless such a 

person has entered an appearance in the proceeding or has been sent a 

copy of the order by the clerk of court. 
PROPOSED AMENDMENTS TO THE FEDERAL CIRCUIT RULES OF PRACTICE APRIL 2020 

39 

FEDERAL CIRCUIT RULE 21 

(e) Amicus Curiae Brief.

An amicus curiae brief supporting a petition must be accompanied by a 

motion for leave to file and be filed no later than four (4) days after the 

petition is docketed. An amicus curiae brief in opposition to a petition must 

be accompanied by a motion for leave and be filed no later than the date 

the court directs for parties to respond to the petition. The court may act on 

the petition before leave is sought, and thus the filing of a brief and a 

motion for leave should be expedited if appropriate. Federal Rules of 

Appellate Procedure 29(a)(3) and 29(a)(4) apply to the motion and brief, 

except that the brief may not exceed 3,900 words if prepared electronically 

or fifteen (15) pages otherwise. 

(f) Petition for Panel Rehearing or Rehearing En Banc. 

Federal Rule of Appellate Procedure 40 and Federal Circuit Rule 40 apply 

to any petition for panel rehearing. Federal Rule of Appellate Procedure 35 

and Federal Circuit Rule 35 apply to any petition for rehearing en banc or a 

combined petition for panel rehearing and rehearing en banc. 
PROPOSED AMENDMENTS TO THE FEDERAL CIRCUIT RULES OF PRACTICE APRIL 2020 

40 

FEDERAL CIRCUIT RULE 24 

Proceeding in Forma Pauperis 

(a) Form. 

If an appeal or petition for review is docketed without payment of the 

docketing fee, the clerk of court in providing notice of docketing will 

forward to the appellant or petitioner the form prescribed by this court for 

the motion to proceed on appeal in forma pauperis. (See Form 6.) Except as 

provided in Federal Rule of Appellate Procedure 24(a), if the clerk of court 

does not receive a completed motion, the docketing fee, or a completed 

Form 6B wWithin fourteen (14) days of the date ofafter docketing of the 

appeal or petition, the clerk of court is authorized to dismiss the appeal or 

petition. See also Federal Circuit Rule 52(d). 

The motion and affidavit may be made onparties seeking to proceed in 

forma pauperis must submit a motion and affidavit using this court’s form 

or the form provided in the Federal Rules of Appellate Procedure, but the 

court may request additional information from the movant. The clerk of 

court will provide unrepresented parties with a copy of this court’s form 

upon request.

(b) Supplemental Form. 

If the movant is incarcerated, in addition to Form 6the motion and 

affidavit, the movant must file a supplemental form for prisoners, Form 6A. 
PROPOSED AMENDMENTS TO THE FEDERAL CIRCUIT RULES OF PRACTICE APRIL 2020 

41 

Practice Notes to Rule 24 

DOCKETING FEE; TRANSCRIPT REQUEST. 

A party permitted to proceed in forma pauperis on appeal is not required to pay 

the docketing fee. Any request for a transcript of an agency proceeding at 

government expense is governed by agency regulations and must be directed to 

the agency. 

PROCEEDING ON ORIGINAL RECORD. 

A request under Federal Rule of Appellate Procedure 24(c) that an appeal be 

heard on the original record is rarely granted because the available informal brief 

procedure permits an appendix consisting only of a copy of the decision or order 

sought to be reviewed. See Federal Circuit Rules 2830(gh); 30(i); 31(e); and 32(c). 

See Federal Circuit Forms 11-16. 

EFFECT OF PRISON LITIGATION REFORM ACT. 

Under the Prison Litigation Reform Act of 1995, a prisoner granted pauper status 

before the district court is not automatically entitled to pauper status on appeal. 

See 28 U.S.C. § 1915. A prisoner seeking to proceed in forma pauperis is directed 

to the Guide for Pro SeUnrepresented Petitioners and Appellants for further 

information. 

USERRA CASES. 

In a petition for review of a Merit Systems Protection Board decision, a petitioner 

is not required to pay the docketing fee or costs if the case involved a claim under 

the Uniformed Services Employment and Reemployment Rights Act of 1994 

(USERRA). 38 U.S.C. § 4323, 4324. A petitioner claiming exemption from the fee 

pursuant to USERRA should submit Form 6B within 14 days of the date of 

docketing of the petition and may be required to submit documentation that his 

or her case before the Board involved a USERRA claim. 

FORMS. 

Using Federal Circuit Form 6 satisfies the requirements for a motion and 

affidavit for leave to proceed in forma pauperis under Federal Circuit Rule 24(a). 

Using Federal Circuit Form 6A satisfies the requirement for incarcerated 

movants to file a supplemental form for prisoners under Federal Circuit Rule 

24(b). 
PROPOSED AMENDMENTS TO THE FEDERAL CIRCUIT RULES OF PRACTICE APRIL 2020 

42 

FEDERAL CIRCUIT RULE 25 

Filing and Service 

(a) Filing in General; Payment of Fees; Registration; Admission to 

BarFiling Requirements. 

(1) Filing in General; Payment of FeesMethods. Where these rules 

discuss electronic filing, it exclusively refers to use of the court’s 

electronic filing system. Unless authorized in advance by the court or 

the clerk of court, facsimile and email transmission of documents 

will not be accepted. 

(A) Represented Parties. Except as noted below, pParties 

represented by counsel must submit all documents, including 

appeals and petitions when applicable, through Case 

Management/Electronic Case Filing (CM/ECF)in Portable 

Document Format (PDF) using the court’s electronic filing 

system and following the instructions and requirements in the 

court’s Electronic Filing Procedures. 
PROPOSED AMENDMENTS TO THE FEDERAL CIRCUIT RULES OF PRACTICE APRIL 2020 

43 

FEDERAL CIRCUIT RULE 25 

(B) Unrepresented Parties. Pro seFollowing public notice, the 

clerk of court may provide for unrepresented parties mustto 

file electronically and may establish necessary procedures and 

requirements consistent with these rules. Once electronic 

filing is available, an unrepresented party must inform the 

court within fourteen (14) days after that party’s case is 

docketed whether the filer elects to submit any documents in 

paper form, providing one copy to the courtor register for 

electronic filing and submit documents in PDF through the 

court’s electronic filing system; following this election, the 

party may not change methods in that case without leave of 

the court or the clerk of court for good cause shown. Payment 

of any required fees must be made by counsel through pay.gov. 

Instructions are available on the court’s website concerning 

use of pay.gov. Payment of any required fees must be made by 

pro se parties through check or money order. See also Federal 

Circuit Rule 52. A User’s Guide for CM/ECF and instructions 

for the use of pay.gov are posted on the court’s websiteAn 

unrepresented party may use either method to submit caseinitiating documents and may elect to file using different 

methods in each separate case. If an unrepresented party 

elects to file electronically, Federal Circuit Rule 25(c)(1) 

applies.

(2) Electronic Filer Registration; Admission to Bar. Attorneys who 

appear before this court and unrepresented parties choosing to file 

electronically must register for the court’s CM/ECFelectronic filing

system. Registration requirements are posted onlocated in the 

court’s websiteElectronic Filing Procedures. Registration for 

CM/ECFelectronic filing is not a substitute for counsel’s application 

for admission to the bar or entry of appearance in a case. 

Applications for admission to the bar must be filed using the 

CM/ECF system by following the instructions posted on the court’s 

websiteUnrepresented paper filers may register for electronic filing 

at any point, and they may elect to file electronically after 

registration is approved by the court.
PROPOSED AMENDMENTS TO THE FEDERAL CIRCUIT RULES OF PRACTICE APRIL 2020 

44 

FEDERAL CIRCUIT RULE 25 

(3) Restrictions on Electronic Filers. Registration for the court’s 

electronic filing system constitutes an agreement by the filer to abide 

by all the procedures and requirements set forth in the court’s 

Electronic Filing Procedures. Following notice and an opportunity to 

respond, the clerk of court may restrict or revoke electronic filing 

privileges for users who have either (A) repeatedly failed to comply 

with these procedures and requirements, or (B) failed to maintain 

appropriate security of account credentials. 

(4) Electronic Filing Procedures. The clerk of court is authorized to 

adopt Electronic Filing Procedures governing the administrative and 

technical requirements and procedures for using the court’s 

electronic filing system. However, nothing in the Electronic Filing 

Procedures may contradict the Federal Rules of Appellate Procedure, 

the Federal Circuit Rules, or any applicable federal law. 

(5) Change of Name or Contact Information. Filers must 

immediately submit an amended appearance under Federal Circuit 

Rule 47.3 to notify the clerk of court of a change of name or contact 

information, including an email address for electronic service. 

Electronic filers must also update their information in the court’s 

electronic filing system. Failure to maintain current contact 

information with the clerk of court may result in the suspension of 

electronic filing privileges or missed notifications.

(b) Case-iInitiating Documents. 

Documents such as appeals filed directly with this court, petitions for 

review, petitions for writs of mandamus, petitions for permission to appeal, 

and motions for stays or injunctions under Federal. Rule. of Appellate.

Procedure. 8 or 18, are considered case-initiating documents if the appeal 

or petition has not otherwise been openeddocketed. 
PROPOSED AMENDMENTS TO THE FEDERAL CIRCUIT RULES OF PRACTICE APRIL 2020 

45 

FEDERAL CIRCUIT RULE 25 

(1) Electronic Submissions by Counsel. Case initiating documents 

must be filed in Portable Document Format (PDF) by parties 

represented by counsel through CM/ECF and pay.gov. See the 

instructions on the court’s website for how to file a case initiating 

document through CM/ECF and pay the fees through pay.gov. A 

case-initiating document is considered filed at the time and date 

registered by CM/ECFthe court’s electronic filing system. No paper 

copy is required. Parties represented by a member of the bar of this 

court must submit case-initiating documents electronically.

(2) Non-Electronic Submissions by Pro Se Parties. Case initiating 

documents submitted by pro seUnrepresented parties must be 

providedor parties represented at the lower tribunal by counsel who 

are not members of the bar of this court may choose to the 

courtsubmit case-initiating documents in paper. Only one paper copy 

is required of any case-initiating document submitted in paper. The 

paper document must be served on opposing counsel at the same 

time it is mailed or delivered to the courtOnce the notice of docketing 

is issued, an unrepresented party must follow Federal Circuit Rule 

25(a)(1). 

(c) All Other Documents. 

(1) Submissions by CounselElectronic Filers. All other documents 

must be submitted in PDF through the court’s electronic filing 

system. A document filedsubmitted electronically is deemed filed on 

the date and time stated on the Notice of Docket Activity generated 

from the court’s electronic filing system. Unless a time for filing is 

specified by the court, filing must be completed before midnight 

Eastern Time to be considered timely filed on that day. 

For documents covered by this subsection (c)(1), counsel must not submit

pPaper copies must not be provided to the court except asto the 

extent required by Federal Circuit Rule 25(c)(3) or as ordered by the 

court order or by the following provisions. 
PROPOSED AMENDMENTS TO THE FEDERAL CIRCUIT RULES OF PRACTICE APRIL 2020 

46 

FEDERAL CIRCUIT RULE 25 

(A) BriefsMotion for Exemption. In cases to be heard by a 

three judge panel, six paper copies are required to be provided 

to the court within five business days of the court’s issuance of 

a notice requesting paper copiesA motion for exemption from 

electronic filing requirements may be submitted in paper 

form. Upon a showing of good cause, the court may exempt a 

filer from electronic filing requirements and authorize filing 

by other means. 

(B) Appendices. In cases to be heard by a three judge panel, six 

paper copies are required to be provided to the court within 

five business days of the court’s issuance of a notice requesting 

paper copies. 

(C) Petitions for Panel Rehearing. Three paper copies are 

required to be provided to the court within two business days 

of filing the petition through CM/ECF, unless otherwise 

ordered. 

(D) Petitions for En Banc Hearing or Rehearing. Eighteen 

paper copies are required to be provided to the court within 

two business days of the filing of the petition through 

CM/ECF, unless otherwise ordered. 

(E) Combined Petition for Panel Rehearing and Rehearing 

En Banc. Unless otherwise ordered, 18 paper copies are 

required to be provided to the court within two business days 

of the filing of the petition through CM/ECF. 

(F) Briefs in En Banc Cases. If the court grants a petition for 

hearing en banc, unless otherwise ordered, 28 paper copies of 

all briefs and appendices shall be filed within five business 

days of the court’s acceptance of the electronic brief. If the 

court grants a petition for rehearing en banc, unless otherwise 

ordered, 28 paper copies of the original briefs and appendices 

(in cases where briefs were filed in CM/ECF prior to the 

court’s order granting an en banc rehearing) shall be filed 

within seven business days of the court’s order granting en 

banc rehearing. Additionally, if the court grants a petition for 

rehearing en banc, 28 paper copies of any ordered 

supplemental briefs, appendices, and amicus briefs must be 

filed within five business days of the court’s acceptance of the 
PROPOSED AMENDMENTS TO THE FEDERAL CIRCUIT RULES OF PRACTICE APRIL 2020 

47 

FEDERAL CIRCUIT RULE 25 

electronic brief or appendices. If a brief is accompanied by a 

motion for leave, paper copies of the motion shall also be 

submitted in the quantity required of the brief by this 

subsection. 

(G) Confidential Versions. If confidential and nonconfidential 

versions of the briefs, appendices, or petitions were filed 

through CM/ECF, paper copies of only the confidential 

version(s) are required to be submitted to the court. One paper 

copy of the confidential version of any document submitted to 

the court through CM/ECF must be served on any party, 

whether that party is or is not represented by counsel, except 

if that party or its counsel has not been authorized access to 

the confidential information under a governing protective 

order. Electronic access to confidential versions of documents 

is restricted to the court only. 

(H) Other DocumentsItems that Cannot be Filed 

Electronically. Exhibits, attachments, or appendices that are 

not in a format that readily permits electronic filing—such as 

those which are illegible when scanned or which, because of 

their odd shape, are unable to be scanned—may be filed in 

paperphysical form without leave of court. CounselThe party

must then file electronically a Notice of PaperPhysical Filing

and submit the original exhibit, attachment, or appendix in 

physical form to the clerk of court within five (5) business days 

after filing the notice. The party must serve documents filed 

pursuant to this subsection by providing two paper copies to 

all other parties. If such documents are submitted withan item 

is part of a brief or, appendix, or petition, then an original and 

sixadditional copies must be filed within five business days of 

electronic submission of the Notice of Paper Filing. For all 

other filings of documents that may not be scanned, an 

original and three copies must be filedprovided in the same 

number and within the same timeframe as the paper copies of 

the brief, appendix, or petition. For electronic appendix 

material that is unable to be reproduced in paper, Federal 

Circuit Rule 30(i) applies, and a separate Notice of Physical 

Filing is not required. 
PROPOSED AMENDMENTS TO THE FEDERAL CIRCUIT RULES OF PRACTICE APRIL 2020 

48 

FEDERAL CIRCUIT RULE 25 

(I) Motion for Exemption. A motion for exemption from the 

court’s CM/ECF requirements may be submitted in paper 

form. Only one paper copy is required. Upon a showing of good 

cause, the court may exempt a party from CM/ECF 

requirements and authorize filing by means other than use of 

CM/ECF.

(JC) Technical or System Failures. An CM/ECFelectronic filer 

whose filing is made untimely as the result of a technical or 

system failure may seek appropriate relief from the court, and 

mustfile a motion for leave to file out of time that includes in 

that submission(1) a declaration or affidavit attesting to the 

filer’s failed attempts to file electronically and (2) the 

document that could not be filed due to the technical or system 

failure. 

(K) Corrected Versions. If a party has not yet filed paper copies 

of a document and that party has electronically filed a 

corrected version of that document, only paper copies of the 

corrected version must be provided to the court. 

(L) Sanctions for Failure to Comply. Failure to comply with 

the court’s rules may result in dismissal of the appeal or other 

action as deemed appropriate by the court. For example, 

failure to timely provide the required paper copies of a brief or 

appendix may result in dismissal of the appeal or in the case 

proceeding solely on the appellant’s opening brief. 

(2) Submissions by Pro Se PartiesNon-Electronic Filers. All

documents from pro se parties must be provided to the 

courtsubmitted in paper form is deemed filed on the date and time it 

is received by the court. Additional paper copies must not be 

provided to Tthe court will scan the documents provided by the pro 

se parties and place them on the electronic docket. The court will 

discard other paper documents once they have been scanned and 

made a part of the official record unless the electronic file thereby 

produced is incomplete or of questionable quality in accordance with 

judiciary records management policiesexcept to the extent required 

by Federal Circuit Rule 25(c)(3) or as ordered by the court. 
PROPOSED AMENDMENTS TO THE FEDERAL CIRCUIT RULES OF PRACTICE APRIL 2020 

49 

FEDERAL CIRCUIT RULE 25 

(A) Facsimile and Email TransmissionOriginals. A motion, 

response to a motion, reply to a response, or letter may be filed 

by email or facsimile transmission if submitted by a pro se 

party. The certificate of service must state whether a copy has 

been served on all parties by email or facsimile transmission. 

No other document, including for example an appeal or 

petition, may be filed or served by email or facsimile. A 

petition or appeal submitted by a pro se party must be filed 

with the court by mail or delivery, and the court must receive

the document by the due dateNon-electronic filers, including 

counsel exempted from electronic filing requirements, must 

file one original of each document. If a party chooses to file 

required paper copies at the same time as the original 

submission, then the original will count toward the number of 

paper copies. 

(B) CopiesPaper Records. Unless otherwise ordered in a 

particular case, three paper copies of any briefs, appendices, or 

petition for rehearing must be submitted to the court by a pro 

se party on or before the due dates provided in these rules. For 

all other documents, including for example motions or letters, 

only one paper copy is requiredThe clerk of court will scan 

originals provided in paper and make the scanned documents 

part of the court’s official record through its electronic filing 

system. After the scanned documents are entered into the 

court’s electronic filing system, the paper documents will be 

discarded in accordance with judiciary records management 

policies. 
PROPOSED AMENDMENTS TO THE FEDERAL CIRCUIT RULES OF PRACTICE APRIL 2020 

50 

FEDERAL CIRCUIT RULE 25 

(3) Entries by the CourtPaper Copies. Unless otherwise provided, 

all orders, opinions, judgments, and other court issued documents in 

cases maintained in the CM/ECF system will be issued 

electronically. Such issuance constitutes entry on the docket kept by 

the clerk of court. Electronic transmission of the Notice of Docket 

Activity constitutes any notice and service required by the court’s 

rules. Any document released electronically by the court without the 

original signature of a judge, clerk of court, or authorized court 

representative shall have the same force and effect as if signed. The 

clerk of court shall give notice in paper form to a person who is not 

an electronic filerExcept as provided in this subsection or as ordered 

by the court, electronic filers must not provide paper copies to the 

court. When paper copies are required, the clerk of court will note 

receipt of those copies on the electronic docket.

(A) Briefs and Appendices During Initial Consideration.

During initial consideration of a case on the merits, six (6) 

paper copies—or three (3) for cases briefed informally—of each 

brief and appendix must be provided to the court within five 

(5) business days after the court’s issuance of a notice 

requesting paper copies. 

(B) Petitions for Panel Rehearing. Three (3) paper copies of 

any petition for panel rehearing, related response, or related 

brief amicus curiae must be provided to the court within two 

(2) business days after the filing of the petition, response, or 

brief. 

(C) En Banc or Combined Petitions. Eighteen (18) paper 

copies—or three (3) for unrepresented parties—of any petition 

for en banc hearing, petition for en banc rehearing, combined 

petition for panel and en banc rehearing, related response, or 

related brief amicus curiae must be provided to the court 

within two (2) business days after the filing of the petition, 

response, or brief. 
PROPOSED AMENDMENTS TO THE FEDERAL CIRCUIT RULES OF PRACTICE APRIL 2020 

51 

FEDERAL CIRCUIT RULE 25 

(D) Briefs and Appendices in En Banc Cases. If the court 

orders en banc hearing or rehearing, twenty-eight (28) paper 

copies of each brief and appendix filed in the case prior to the 

date of the court’s order must be provided to the court within 

five (5) business days after that order. Twenty-eight (28) paper 

copies of each brief and appendix filed during en banc 

consideration must be provided to the court within five (5) 

business days after the filing of the document. 

(E) Confidential Versions. If a confidential document is filed in 

two versions pursuant to Federal Circuit Rule 25.1, then only 

paper copies of the confidential version must be provided to 

the court. 

(A)(F) Corrected Versions. If a party has not yet filed paper copies 

of a document and that party has electronically filed a 

corrected version of that document, then only paper copies of 

the corrected version must be provided to the court.

(4) Review and Correction by the Clerk of Court. The clerk of court 

may require the filing of a corrected copy of any submission that fails 

to comply with the court’s rules or the Electronic Filing Procedures. 

If a party fails to file a timely corrected copy in response to a notice 

requiring correction from the clerk of court, the clerk of court may 

strike the non-compliant document from the docket. The clerk of 

court may also edit docket entries to correct or to add text or 

attachments, and any such revision will be identified on the docket. 

(d) Format of Documents; Signatures. 

Documents filed electronically and in paper must comply with the format 

requirements set forth in the Federal Rules of Appellate Procedure, the 

Federal Circuit Rules, and any other requirements established by the 

court’s or by the CM/ECF User ManualElectronic Filing Procedures. Where 

the court’s rules require a signature on a document, the name of the filer 

whose log in and password is used to submit a document may be preceded 

by “/s/” and typed in the space where the signature would otherwise appear.
PROPOSED AMENDMENTS TO THE FEDERAL CIRCUIT RULES OF PRACTICE APRIL 2020 

52 

FEDERAL CIRCUIT RULE 25 

(e) Service. 

(1) Documents Submitted by CounselElectronic Filings. 

Registration as a CM/ECF filer constitutes consent to electronic 

service of all documents. If a document is filed by counsel through 

CM/ECF, the Notice of Docketing Activity generated by that filing 

constitutes service on opposing counsel. A certificatefiling does not 

require proof of service should indicate that the document wasif it is

served on all parties through CM/ECFthe court’s electronic filing 

system. Service of a filing to an invaliduser’s email address 

registered with the court’s electronic filing system at the time of the 

filing constitutes valid service, even if the individual has failed to 

timely provide an currentupdated valid email address and the served 

email address is invalid. If one of the other parties is proceeding pro 

se, then counsel must serve a paper copy of any document as 

provided in Federal Rules of Appellate Procedure 25(c), (d), and a 

certificate of service must be included to explain how service was 

achieved onAny non-electronic filers in the pro se party. If a 

document is filed andcase must be served electronically on a non

business day, timelinessin paper and calculation of any responsive 

deadlines will begin on the next business day. Three additional days 

are NOT added to the time to file a responsive document because the 

court considersfiling must include proof of service by email through 

CM/ECF to be delivered when transmitted. 

(2) Documents Submitted by Pro Se PartiesPaper or Physical 

Filings. A copy of any documentoriginal filing submitted to the court 

by a pro se partyin paper must be mailed, delivered or transmitted 

by the pro se party toserved on all other parties as provided in 

Federal Rules of Appellate Procedure 25(c), (d)in paper. A 

certificateThe original must include proof of service is required to be 

included with the document to explain how the document was 

provided to the other parties in the case. See Form 30. If a Notice of 

Physical Filing is filed pursuant to Federal Circuit Rule 25(c)(1)(B), 

then a copy of the physical filing must be served on all other parties 

and the notice must include proof of service of the physical filing. 
PROPOSED AMENDMENTS TO THE FEDERAL CIRCUIT RULES OF PRACTICE APRIL 2020 

53 

FEDERAL CIRCUIT RULE 25 

(3) Confidential Material. Filers cannot serve confidential 

information through the court’s electronic filing system. When a 

document is filed in two versions pursuant to Federal Circuit Rule 

25.1, the filer must serve all other authorized parties in paper, 

unless the parties agree on a separate service arrangement 

according to Federal Circuit Rule 25(e)(4). 

(4) Consent to Electronic or Alternate Service. Except for the 

service of confidential material under Federal Circuit Rule 25(e)(3), 

registration as an electronic filer constitutes consent to electronic 

service of all documents by the court’s electronic filing system. 

Parties required to be served in paper may consent to service via an 

alternate method, and any required proof of service must reflect the 

alternative method of service. 

(5) Service of Papers Before Appearance. Service of a filing on a 

party for which counsel has not yet entered an appearance must be 

made on counsel of record for the party in the proceeding below at 

that counsel’s last known address, or, if unrepresented, on that party

directly.

(f) PrivacyPrivate, Confidential, or Sealed Information. 

Unless ordered otherwise, all parties (including pro se parties) must refrain 

from including or must redact the following personal data identifiers from 

documents filed with the court: Social Security numbers; financial account 

numbers; names of minors (use instead the minor’s initials); dates of birth 

(use the year only); home addresses (use the city and state only). If a party 

refers to materials in appendices that a party determines for good reason 

and in compliance with court rules should not be made available to the 

public on the Internet through PACER, then two versions of the appendices 

must be filed: a nonconfidential public version with the sensitive materials 

redacted, and an unredacted confidential version of the full document. The 

responsibility for redacting restricted or sensitive materials from 

documents and assuring that all materials contained in the public version 

of documents rests solely with the parties and counsel. The clerk of court 

will not review documents filed for compliance with this 

requirementRequirements for filing private, confidential, and sealed 

material with the court are detailed in Federal Circuit Rule 25.1. 
PROPOSED AMENDMENTS TO THE FEDERAL CIRCUIT RULES OF PRACTICE APRIL 2020 

54 

FEDERAL CIRCUIT RULE 25 

(g) Signatures. 

(1) Electronic Signature. 

(A) An electronic signature consists of either (1) the printed name 

of the individual preceded by the mark “/s/” entered on the 

signature line or (2) an electronic signature from a commercial 

provider that complies with the Electronic Signatures in 

Global and National Commerce Act (ESIGN) (15 U.S.C. 

§ 7001). The electronic signature must appear where the 

signature would otherwise appear. 

(B) The clerk of court will only accept a document with an 

electronic signature when (1) the name of the electronic signer 

matches the name on the account used to file the document in 

the court’s electronic filing system or (2) multiple signatures 

are present pursuant to Federal Circuit Rule 32(g). 

(2) Form of Signature. 

Where the rules require a signature on a document filed 

electronically, an electronic signature may be used. For documents 

filed in paper form, an original, handwritten signature must be used. 

An original signature is not required on paper copies required by 

Federal Circuit Rule 25(c)(3). Applications for admission to this 

court’s bar must always bear either (A) handwritten signatures or 

(B) an ESIGN compliant electronic signature by the applicant and 

any sponsor. However, the oath of admission must bear a 

handwritten signature. 

(3) Retention of Documents. 

Documents that are electronically filed and require original 

signatures other than that of the CM/ECF filer (such as an affidavit 

signed by a person other than the CM/ECF filer) must be maintained 

in paperoriginal form by the CM/ECF filer until the case is 

terminated with finality andissuance of the mandate with no right of 

appeal or until such later date as the court prescribes. On request of 

the court, the CM/ECF filer must provide original documents for 

review. 
PROPOSED AMENDMENTS TO THE FEDERAL CIRCUIT RULES OF PRACTICE APRIL 2020 

55 

FEDERAL CIRCUIT RULE 25 

(h) Sanctions for Failure to Comply. 

Failure to comply with the court’s rules may result in dismissal of the 

appeal or other action as deemed appropriate by the court. 

(i) Corrections to Filings. 

(1) General. A document may not be corrected merely by filing or 

appending an errata sheet. A party wishing to make non-substantive 

corrections to any document currently on file with the clerk of court 

must file a Notice of Correction. Substantive corrections may only be 

made with leave of the court. 

(2) Format. A corrected document must indicate “corrected” in the title 

or on the cover. A new proof of service must be attached to any 

corrected filing that is not being served through the court’s electronic 

filing system. 

(3) Notice of Correction. A Notice of Correction must be filed 

contemporaneously with the corrected document and must 

specifically delineate each correction. A Notice of Correction is not 

required for changes to a document when those changes have been 

ordered by the court or the clerk of court. 

(4) Required Copies. If paper copies have already been submitted, an 

adequate number of corrected paper copies must be filed. 
PROPOSED AMENDMENTS TO THE FEDERAL CIRCUIT RULES OF PRACTICE APRIL 2020 

56 

Practice Notes to Rule 25 

LOCATION OF CLERK’S OFFICE; HOURS OF OPERATION; NIGHT 

BOX. 

The clerk’s office is in Room 401 of the National Courts Building, 717 Madison 

Place, NW, Washington, DC 20439, and is open from 8:30 a.m. to 4:30 p.m. on 

workdays. After the office closes on workdays, papers may be deposited until 

midnight in a night box at the garage entrance on H Street NW, between 15th 

Street and Madison Place. 

CLERK’S MAILING ADDRESS. 

Address mail as follows: 

Clerk of Court 

United States Court of Appeals for the Federal Circuit 

717 Madison Place NW 

Washington, DC 20439 

The clerk of court will not pay postage due. 

CLERK’S FACSIMILE NUMBER. 

Documents which Federal Circuit Rule 25 permits to be sent by facsimile to the 

clerk of court by pro se parties should be sent to: 202 275 9678. Note that appeals 

and petitions for review may NOT be filed by facsimile. 

CLERK’S OFFICE EMAIL. 

Email address (prose@cafc.uscourts.gov) may only be used by pro se filers. 

PROOF OF SERVICE. 

Each brief, petition, motion, response, or reply must contain proof of service. If 

filed by counsel through CM/ECF, the certificate of service may state that the 

brief or other document was filed through CM/ECF and thereby served 

electronically. If filed by or to a pro se party, the certificate must state how the 

document was mailed or delivered. The original filed pro se with the court must 

be signed. 
PROPOSED AMENDMENTS TO THE FEDERAL CIRCUIT RULES OF PRACTICE APRIL 2020 

57 

Practice Notes to Rule 25 

RETURN COPY MARKED RECEIVED. 

When a brief or other paper is presented for filing and the filer provides a copy to 

be marked “received,” the clerk of court will mark it received and return it. If the 

filing is by mail or if the night box is used, a self-addressed, postage-paid (first 

class) return envelope must accompany the request. 

FILING REVIEW AND CORRECTION BY THE CLERK. 

The clerk of court may review material submitted for filing and require correction 

to conform with the Federal Rules of Appellate Procedure and the Federal Circuit 

Rules. The clerk of court will issue a notice advising of the nature of the 

nonconformity and guidelines for resubmission. Opposing counsel will be notified 

of the required correction. The timeliness of a response is computed from date of 

service of the original material. Because of occasional delays with some mail 

transmitted by the United States Postal Service, due to screening or other issues, 

if a document such as a notice of appeal, petition for review, motion, or other 

document must be received by the court on a particular date, then the pro se filer 

might consider using an alternative method of delivering the document to the 

court, such as a commercial carrier or hand delivery. The court cannot waive the 

deadlines for filing a notice of appeal or petition for review, even if the document 

was deposited in the mail in a timely fashion. Federal Rule of Appellate 

Procedure 26(b). 

PRO SE PARTIESUNREPRESENTED PARTY WHO ARE ATTORNEYSIS 

A MEMBER OF THE BAR. 

If an pro seunrepresented party is also an attorneymember of the court’s bar, that 

individual may use CM/ECF only if the attorney is registered as a member of the 

court’s bar and if the attorney enters an appearance. If the pro se party who also 

happens to be an attorney is not registered as a member of the bar, that pro se 

party must proceed by followingunder the rules applicable to pro sefor either 

represented or unrepresented parties, and thus may not use CM/ECFbut not both 

in a single case.
PROPOSED AMENDMENTS TO THE FEDERAL CIRCUIT RULES OF PRACTICE APRIL 2020 

58 

Practice Notes to Rule 25 

PAPER COPIES OF BRIEFS AND APPENDICES. 

Counsel should not submit paper copies of any briefs or appendices required 

under Federal Circuit Rule 25(c)(13)(A) (B) until after the court issues a notice 

indicating that the copies are due and the deadline for filing these copies. In 

typical, non-expedited cases, the clerk of court issues this notice shortly after 

briefing concludes. Paper copies for petitions and briefs related to panel 

rehearing, en banc hearing, or en banc rehearing are due after the filing of the 

electronic version as required by Federal Circuit Rule 25(c)(13)(CB)-(FD).

Unrepresented parties must provide paper copies at the time for filing of the 

original brief.

CONFIDENTIAL FILINGS. 

For purposes of these rules, documents filed as “confidential” are treated the 

same as documents filed “under seal.”

UNREPRESENTED PARTY FILING ELECTION 

Using Federal Circuit Form 8B satisfies the requirement for an unrepresented 

party to notify the court of the elected filing method under Federal Circuit Rule 

25(a)(1)(B).

CERTIFICATE OF SERVICE. 

Using Federal Circuit Form 30 satisfies the requirements for proof of service 

under Federal Rule of Appellate Procedure 25(d) and Federal Circuit Rule 25(e).
PROPOSED AMENDMENTS TO THE FEDERAL CIRCUIT RULES OF PRACTICE APRIL 2020 

59 

FEDERAL CIRCUIT RULE 25.1 

Privacy and Confidentiality 

(a) Scope. 

(1) Availability to the Public. Unredacted material included in 

nonconfidential or unsealed filings is presumed to be public. After 

five (5) years following the end of all proceedings in this court, the 

court may direct the parties to show cause why confidential filings 

(except those protected by statute) should not be unsealed and made 

available to the public. 

(2) Restricted Access. At the time of filing, access to confidential or 

sealed documents will be restricted to authorized court personnel 

only. If a party or its counsel has not been authorized access to 

confidential or sealed material under a governing protective order, 

any filing containing such material must include the pertinent 

protective order with a cover letter indicating which parties or 

counsel are not authorized access. The court may provide access to 

confidential or sealed material to all parties and counsel in a case 

who are not identified on such a cover letter. Any confidential or 

sealed document filed without a cover letter is assumed to be 

accessible by all parties and counsel in the case. 

(3) Responsibility for Review. The parties and their counsel are 

solely responsible for redacting restricted or sensitive materials from 

documents, identifying any counsel or parties to the case not 

permitted to access confidential or sealed material, and properly 

filing confidential or sealed material. The clerk of court is not 

required to review documents to ensure material has been 

appropriately redacted. 

(4) Redactions. No material may appear redacted in a filing with this 

court except as provided in Federal Rule of Appellate Procedure 

25(a)(5) or Federal Circuit Rules 25.1(b), 25.1(d), or 30(c)(2), or if 

that material was only filed in redacted form at the trial court or 

agency. 
PROPOSED AMENDMENTS TO THE FEDERAL CIRCUIT RULES OF PRACTICE APRIL 2020 

60 

FEDERAL CIRCUIT RULE 25.1 

(b) Personally Identifiable Information.

All parties must refrain from including or must redact personally 

identifiable information (PII) from documents filed with the court. 

Documents that contain only redacted PII and no other confidential 

markings are not required to adhere to Federal Circuit Rule 25.1(e). The 

requirement to redact PII may be waived by the inclusion of a statement of 

consent. Examples of PII include the following: 

(1) Social security numbers; 

(2) Financial account numbers; 

(3) Names of minors (use instead the minor’s initials); 

(4) Dates of birth (use the year only); and 

(5) Home addresses (use the city and state only). 

(c) Protective Orders. 

(1) Status of a Protective Order on Appeal. In general, any portion 

of the record that was subject to a protective order in the trial court 

or agency must remain subject to that order on appeal or review. 

Material will lose its status as subject to a protective order, however, 

if and when it has been removed from protected status under 

subsection (2) below or has appeared in a filing without being 

marked confidential. This court, sua sponte, may direct the parties to 

show cause why a protective order should not be modified. 

(2) Agreement by Parties to Modify a Protective Order. If any 

portion of the record in the trial court or agency is subject to a 

protective order and a notice of appeal or petition for review has been 

filed, each party must promptly review the record to determine 

whether protected portions need to remain protected on appeal. If a 

party determines that some portion no longer needs to be protected, 

that party must seek an agreement with the other parties. Any 

agreement that is reached must be promptly presented to the trial 

court or agency, which may issue an appropriate order. 
PROPOSED AMENDMENTS TO THE FEDERAL CIRCUIT RULES OF PRACTICE APRIL 2020 

61 

FEDERAL CIRCUIT RULE 25.1 

(A) Certificate of Compliance. In appeals of proceedings 

subject to a protective order in the trial court or agency, each 

party must file a certificate of compliance no later than the 

time for filing the appendix stating it complied with this rule. 

(B) Exclusion. This requirement does not apply to cases arising 

under 19 U.S.C. § 1516a or to third-party information marked 

confidential. 

(d) Confidential Marking Limitations; Motions to Exceed Limitations. 

(1) Motions, Petitions, Responses, Replies, and Briefs. Material in 

a motion, petition, response, reply, or brief may only be marked 

confidential to the extent noted in subsections (A)-(C) below, and 

only if the information (1) is treated as confidential pursuant to a 

judicial or administrative protective order and (2) such marking is 

authorized by statute, administrative regulation, or court rule (such 

as Federal Rule of Civil Procedure 26(c)(1)). Otherwise, no material 

may be marked confidential, including references to information 

previously treated as confidential pursuant to a protective order.

(A) General Limitation. Each motion, petition, response, reply, 

or brief may mark as confidential up to fifteen (15) unique 

words (including numbers).

(B) Limitation for Cases Under 19 U.S.C. § 1516a or 28 

U.S.C. § 1491(b). In cases arising under 19 U.S.C. § 1516a or 

28 U.S.C. § 1491(b), each motion, petition, response, reply, or 

brief may mark confidential up to fifty (50) unique words 

(including numbers).

(C) Exclusions. When a phrase is marked confidential in a filing, 

the words in the phrase count against the unique word 

allotment for that filing; but repeating the same confidential 

material in the same filing does not use up any more of the 

unique word allotment. If a responsive filing uses material 

previously marked confidential in the filing(s) to which it 

responds, that material does not count against the unique 

word allotment for the responsive filing. 
PROPOSED AMENDMENTS TO THE FEDERAL CIRCUIT RULES OF PRACTICE APRIL 2020 

62 

FEDERAL CIRCUIT RULE 25.1 

(D) Applicability. The limitations of Federal Circuit Rule 

25.1(d)(1) do not apply to appendices; attachments; exhibits; 

and addenda to motions, petitions, responses, replies, or 

briefs. 

(2) Other Documents. Material that is covered by a protective order or 

that has confidentiality imposed on it by a statute, rule, or 

regulation may be marked confidential in any filing other than those 

subject to Federal Circuit Rule 25.1(d)(1) without any limitation on 

the number of markings. Material that has lost its protective 

coverage under Federal Circuit Rule 25.1(c) may not be marked 

confidential.

(3) Motion to Waive Requirements. A party seeking to mark more 

words confidential than permitted must file a motion with this court. 

Access to a filing accompanied by a motion to waive confidentiality 

requirements will be restricted in accordance with Federal Circuit 

Rule 25.1(a) and will remain restricted should the motion be denied, 

unless ordered otherwise. 

(A) Contents. The motion must identify the total number of 

unique words sought to be marked confidential and establish 

why the additional markings are appropriate and necessary 

pursuant to a statute, administrative regulation, or court rule. 

For example, a party may establish that an argument cannot 

be properly developed without additional disclosure of 

confidential information, and public disclosure will risk 

causing competitive injury. All motions should explain in 

detail the propriety of confidentiality and provide reasons 

and/or legal citations for each source of information sought to 

be marked as confidential. 

(B) Time for Filing. The motion must be filed 

contemporaneously with the document for which waiver of 

confidentiality requirements is sought.

(C) Court Action. If the motion is denied in whole or in part, an 

amended filing that complies with the confidentiality 

limitations must be filed within ten (10) days after the action 

on the motion. Any amended filing that still does not meet the 

confidentiality limitations must be submitted with a new 

motion. 
PROPOSED AMENDMENTS TO THE FEDERAL CIRCUIT RULES OF PRACTICE APRIL 2020 

63 

FEDERAL CIRCUIT RULE 25.1 

(e) Contents and Format for Confidential Filings. 

(1) Two Versions. A document containing material subject to 

confidentiality as permitted by Federal Circuit Rule 25.1(d) must be 

filed with the court in two versions: a confidential version that notes 

the material marked confidential, and a nonconfidential version 

containing appropriate redactions. 

(A) Confidential Versions. The cover or front page of the 

confidential version must be labeled “confidential,” either 

centered at the top or contained in the title. If confidentiality 

will end on a certain date or upon the happening of an event, 

this must be stated on the cover or front page (e.g.,

“CONFIDENTIAL UNTIL [DATE],” or “CONFIDENTIAL 

DURING JUDICIAL REVIEW”). Each page containing 

confidential material must enclose this material in brackets or 

indicate this material by highlighting. The confidential 

version of an appendix must include at the beginning (i.e., in 

front of the judgment or order appealed from) pertinent 

excerpts of any statutes imposing confidentiality or the 

entirety of any judicial or administrative protective order. 

(B) Nonconfidential Version. The cover or front page of the 

nonconfidential version must be labeled “nonconfidential,” 

either centered at the top or contained in the title. Each page 

from which material subject to a protective order has been 

deleted or redacted must bear a legend so stating, and an 

adequate, general descriptor of the material must appear over 

the deletion or redaction. The table of contents must include a 

paragraph describing the general nature of the confidential 

material that has been deleted and applicable page numbers. 

If the document does not contain a table of contents, this 

paragraph must be the first paragraph of the document. 

(2) Certificate of Confidential Material. A motion, petition, 

response, reply, or brief that includes material marked confidential 

under Federal Circuit Rule 25.1(d)(1) must be accompanied by a 

certificate that indicates the exact number of unique words 

(including numbers) sought to be marked confidential. It is the 

responsibility of the filing party to ensure that the certificate of 

confidential material is accurate. 
PROPOSED AMENDMENTS TO THE FEDERAL CIRCUIT RULES OF PRACTICE APRIL 2020 

64 

Practice Notes to Rule 25.1 

DESCRIBING THE GENERAL NATURE OF CONFIDENTIAL MATERIAL 

DELETED FROM THE NONCONFIDENTIAL VERISON.

The following example is acceptable: 

CONFIDENTIAL MATERIAL OMITTED

The material omitted on page 42 describes the circumstances of an alleged 

lost sale; the material omitted in the first line of page 43 indicates the 

dollar amount of an alleged revenue loss; the material omitted on page 44 

indicates the quantity of the party’s inventory and its market share; the 

material omitted in the text on page 45 describes the distributor’s 

experiences concerning the inventories and order lead times; and the 

material omitted in the footnote on page 45 describes non-price factors 

affecting customers’ preferences between competing methods. 

JUSTIFICATION FOR CLAIM OF CONFIDENTIALITY.

Unnecessarily designating material in the briefs and appendix as confidential 

abrogates the right of public access and may hinder the court’s preparation and 

issuance of opinions. Counsel must be prepared to justify at oral argument any 

claim of confidentiality. 

NOTING REDACTIONS IN THE NONCONFIDENTIAL VERSION.

When a page redacts confidential information, the legend noting the redaction 

should appear in the margin of the page. When redacting information from the 

nonconfidential version, a general descriptor of the redacted information must 

appear in the place of the redacted information, e.g., “dollar amount,” “number of 

items,” “chemical name.” If an entire page is redacted, a slip sheet may be 

included, and the legend may appear in the center of the sheet. If a consecutive 

range of entire pages is redacted, the filer may include one slip sheet with a 

legend representing the redaction of that range of pages. Any slip sheet must 

include an adequate, general descriptor of all deleted or redacted material 

pursuant to Federal Circuit Rule 25.1(e)(1)(B). 
PROPOSED AMENDMENTS TO THE FEDERAL CIRCUIT RULES OF PRACTICE APRIL 2020 

65 

Practice Notes to Rule 25.1 

NOTING CONFIDENTIAL MATERIAL IN THE CONFIDENTIAL 

VERSION.

The court requires that confidential information be clearly identifiable in the 

confidential version, and the filer should ensure that highlighting will not obscure 

text or be confused with other identifiers elsewhere in the document. Brackets 

should be sized appropriately to ensure they are readily recognizable. If an entire 

page is to be marked confidential, the filer may include large brackets on the left 

and right margin of the page or highlight the entire page. The highlight may be in 

the form of a box over the entire page or a clearly highlighted border surrounding 

the page. 

RECORD MATERIAL THAT EXISTS IN TWO VERSIONS.

When material that is part of the record had a sealed and a public version of that 

document, such as an underlying opinion or order, then the confidential appendix 

should include the sealed version and the nonconfidential appendix should 

include the public version. The two versions must be appropriately highlighted or 

bracketed. If one version is longer than the other, the shorter version should 

include slip sheets to cover the additional missing pages in its corresponding 

version. 

CONFIDENTIAL FILINGS. 

For purposes of these rules, documents filed as “confidential” are treated the 

same as documents filed “under seal.”

CERTIFICATE OF CONFIDENTIAL MATERIAL. 

Using Federal Circuit Form 31 satisfies the certificate requirements of Federal 

Circuit Rule 25.1(e)(2). 
PROPOSED AMENDMENTS TO THE FEDERAL CIRCUIT RULES OF PRACTICE APRIL 2020 

66 

FEDERAL CIRCUIT RULE 26 

Computing and Extending Time 

(a) Computation of Time; Closing the Clerk’s Office. 

(1) Legal Holiday. “Legal holiday” also means a day on which the 

clerk’s office is closed by order of the court or the chief judge. Such an 

order will be posted publicly.

(2) Calculating Deadlines. Unless otherwise ordered, the timeliness of 

any responsive document is computed from the date of service of the 

original submission, regardless of any corrections made by the party. 

Should leave of the court be required to file a document, the deadline 

for any responsive document will be triggered by the court’s order on 

the motion for leave, unless otherwise ordered. If a document is 

served on a Saturday, Sunday, or legal holiday, timeliness for any 

responsive document will be calculated from the next business day. 

Unless a time for filing is ordered by the court, filing must be 

completed before midnight Eastern Time on the due date to be 

considered timely. 

(3) Unscheduled Court Closure. In the event of a publicly noticed 

unscheduled closure of the clerk’s office, all deadlines for electronic 

submissions remain in effect, unless otherwise stated. Deadlines for 

paper submissions that fall on the date of the unscheduled court 

closure will be extended to the next business day. 

(4) Inaccessibility of Electronic Filing. In the event of a scheduled 

system outage or unscheduled technical failure of the court’s 

electronic filing system, the clerk of court may provide notice that 

the clerk’s office is inaccessible and extend deadlines for electronic 

filings pursuant to Federal Rule of Appellate Procedure 26(a)(3). 

Such a notice will be posted publicly. 

(5) Court Order. Federal Rule of Appellate Procedure 26(c) does not 

apply to deadlines set by court order.
PROPOSED AMENDMENTS TO THE FEDERAL CIRCUIT RULES OF PRACTICE APRIL 2020 

67 

FEDERAL CIRCUIT RULE 26 

(b) Motion to Extend Time. 

(1) A motion to extend the time prescribed by the Federal Rules of 

Appellate Procedure, the Federal Circuit Rules, or an order of this 

court must be made at least seven (7) days before the date sought to 

be extended, except that in extraordinary circumstances a motion 

may be made later than that deadline if accompanied by an affidavit 

or unsworn declaration under penalty of perjury under 28 U.S.C. 

§ 1746 that describes the extraordinary circumstances. 

(2) Before filing the motion, the movant must inform all other parties 

that it will seek an extension. 

(3) The movant must state in the motion whether any other parties 

object and, if so, whether a response in opposition will be filed. 

(4) In addition to showing good causethe requirements under Federal 

Rule of Appellate Procedure 27 and Federal Circuit Rule 27, the 

motion must state the following: 

(A) the date to be extended; 

(B) the revised date sought; 

(C) the number of days of extension sought; and 

(D) the total number of days of extension previously granted to 

the movant. 

(53) A request for an extension of more than fourteen (14) days must be 

accompanied by an affidavit or unsworn declaration of counsel or a 

pro seunrepresented party under penalty of perjury under 28 U.S.C. 

§1746 showing good cause for the extension.

(4) Upon certification by the filer that additional time is needed to 

resolve confidentiality issues, the court will grant a one-time per 

document extension of five (5) days to file the document. Any 

additional requests for extension to resolve confidentiality issues are 

by leave of court. 
PROPOSED AMENDMENTS TO THE FEDERAL CIRCUIT RULES OF PRACTICE APRIL 2020 

68 

FEDERAL CIRCUIT RULE 26 

(c) Electronic Service of Documents by Counsel Through CM/ECF. 

Three (3) additional days are NOTnot added to the time to file a responsive 

document, when the original document was filedserved through CM/ECF, 

because the court’s electronic filing system. The court considers service by 

email through CM/ECFthe court’s electronic filing system to be delivered 

when transmittedcompleted on the date and time reflected on the Notice of 

Docket Activity. 
PROPOSED AMENDMENTS TO THE FEDERAL CIRCUIT RULES OF PRACTICE APRIL 2020 

69 

Practice Notes to Rule 26 

OPPOSITION TO EXTENSION. 

If a party opposes a motion for extension of time, that party should file its 

response promptly. The court will not necessarily wait for an opposition before 

ruling on a motion. 

BENEFIT OF TIMELY EXTENSION REQUEST. 

Unless the court has previously ordered that there will be no further extensions, 

an appeal will not be dismissed for failure to file appellant’s brief if appellant’s 

motion to extend the time for filing was filed and served at least seven days 

before the due date for the brief, but the motion has not been acted on by the due 

date. 

EXTENSION DURING SETTLEMENT NEGOTIATIONS. 

Parties jointly stipulating that they are actively pursuing settlement of the case 

will be granted a reasonable extension of time to accomplish settlement. 

COURT ORDER. 

Federal Rule of Appellate Procedure 26(c) does not apply when a court order 

requires action within a specified time; the due date is as specified in the order.

EXTENSION TO RESOLVE CONFIDENTIALITY ISSUES. 

The Court will grant a 5 day extension of time to file any brief, motion, response, 

or reply upon certification by counsel for the filer that additional time is needed to 

resolve confidentiality issues.
PROPOSED AMENDMENTS TO THE FEDERAL CIRCUIT RULES OF PRACTICE APRIL 2020 

70 

Practice Notes to Rule 26 

DEADLINES FOR DOCUMENTS SUBMITTED BY MAIL. 

Because of occasional delays with some mail transmitted by the United States 

Postal Service due to screening or other issues, if a document must be received by 

the court on a particular date, then a paper filer might consider using an 

alternative method of delivering the document to the court, such as a commercial 

carrier or hand-delivery. The court cannot waive the deadlines for filing a notice 

of appeal or petition for review, even if the document was deposited in the mail in 

a timely fashion. 
PROPOSED AMENDMENTS TO THE FEDERAL CIRCUIT RULES OF PRACTICE APRIL 2020 

71 

FEDERAL CIRCUIT RULE 26.1 

Corporate Disclosure Statement 

The corporate disclosure statement must be included in thefiling of a

certificate of interest prescribed inrequired by Federal Circuit Rule 47.4

satisfies the requirements of Federal Rule of Appellate Procedure 26.1. A 

certificate of interest must be filed by any party represented by counsel 

within 14 days of the date of docketing of the appeal or petition. See 

Federal Circuit Rule 47.4 for additional requirements. Each brief, petition 

or motion filed by counsel must also include a certificate of interest. A party 

represented by counsel must file an amended certificate of interest 

promptly when any of the information required by the certificate changes.

Practice Notes to Rule 26.1 

CERTIFICATE OF INTEREST. 

The requirements of Federal Rule of Appellate Procedure 26.1 are satisfied by 

filing a certificate of interest under Federal Circuit Rule 47.4. See Form 9.

TIMELY UPDATES. 

The court uses the Ccertificate of Iinterest to determine when recusal of a judge 

may be appropriate. Thus, timely correction and updating of the certificate is 

required to identify potential conflicts. 
PROPOSED AMENDMENTS TO THE FEDERAL CIRCUIT RULES OF PRACTICE APRIL 2020 

72 

FEDERAL CIRCUIT RULE 27 

Motions 

(a) Contents and Format of a Motion. 

The preferred contentIn addition to the requirements under Federal Rule 

of Appellate Procedure 27(a)(2) and organization of(d), a motion aremust 

include the following: 

(1) the name of this court; 

(21) the caption (. Iif the motion is for a procedural order on consent, the 

short caption may be used.; Ffor any other motion, the official 

caption must be used); 

(3) the title of the motion; 

(4) the grounds for the motion, the relief sought, and the legal argument 

to support the motion; 

(52) the movant’sa statement of consent or opposition to the motion. The 

movant must state in the motionrepresenting that the movant has 

discussed the motion with the other parties, and stating whether any 

party will object, and whether any party willor file a response; 

(6) counsel’s or pro se party’s signature; 

(73) thea certificate of interest. The certificate of interest (seeunder

Federal Circuit Rule 47.4) must be included in each motion; and

(84) supportingan affidavit. or unsworn declaration under penalty of 

perjury under 28 U.S.C. § 1746, Iif the facts relied on in the motion 

are subject to dispute, an affidavit or unsworn declaration under 

penalty of perjury under 28 U.S.C. § 1746 must be attached to the 

motion; 

(9) the proof of service (see Federal Rule of Appellate Procedure 25(d)). 
PROPOSED AMENDMENTS TO THE FEDERAL CIRCUIT RULES OF PRACTICE APRIL 2020 

73 

FEDERAL CIRCUIT RULE 27 

(b) Response; When Filed; ContentReply. 

If a motion states that it is consented to or unopposed, a response is not 

required. If a motion does not state whether or incorrectly states that it 

is consented to or unopposed, a response should be filed as soon as the 

omission or error becomes known. The preferred organization of a response 

is comparable to the organization of a motion provided in (a) of this rule 

anduses the preferred content ofshort caption, any response or reply may 

also use the short caption. In addition to the requirements under Federal 

Rule of Appellate Procedure 27(a)(3) and (d), a response ismust include the 

following: 

(1) as providedthe items in Federal Circuit Rule 27(a)(1), (23), (6), (7), 

(8), and (94) of this rule; and 

(2) the grounds for denying the motion, limiting the relief granted, or 

modifying the order sought, and the legal argument to support the 

response;, or the responding party’s statement of consent or lack of 

opposition. 

(c) Content of ReplyMotion to Expedite. 

The preferred organization of a reply is comparable to the organization ofIn 

addition to the requirements for a motion as provided inunder Federal 

Circuit Rule 27(a), of this rule and the preferred content of the reply isa 

motion to expedite proceedings must include the following: 

(1) as provided in (a)(1), (2), (6), (7), (8), and (9) of this rulethe label 

“Motion to Expedite” on the cover or front page of the motion, either 

centered at the top or contained in the title; and

(2) the reply to the response and the legal argument to support ita 

proposed expedited briefing schedule on the motion; and 

(3) a proposed expedited merits briefing schedule or proposed argument 

date, if applicable. 
PROPOSED AMENDMENTS TO THE FEDERAL CIRCUIT RULES OF PRACTICE APRIL 2020 

74 

FEDERAL CIRCUIT RULE 27 

(d) Length of Motion, Response, or Reply; Cover and Backing; 

Attachments or Exhibits. 

Items listed in Federal Circuit Rule 27(a)(7) (9) do not count toward the 

word limitation in Federal Rule of Appellate Procedure 27(d)(2). Cover and 

backing for a motion, response, or reply are not required. If a motion 

includes several aAttachments or exhibits to a motion, the court prefers 

that the attachmentsresponse, or exhibitsreply must be preceded by a table 

of contents and must be paginated or separately tabbed for ease of 

reference. The pagination need not match the requirements for an 

appendix under Federal Circuit Rule 30.

(e) Motion to Strike; Response. 

A motion to strike all or part of a brief, except to strike scandalous matter, 

is prohibited as long as the party seeking to strike has the right to file a 

responsive brief in which the objection could be made. A response, if any, in 

opposition to a motion to strike must be included in the responsive brief if 

one is authorized, or may be filed if leave is sought and obtained, or may be 

made at oral argument. 

(f) Motion to Dismiss, Transfer, or to Remand; Response. 

A motion to dismiss for lack of jurisdiction, to transfer, or to remand should 

be made as soon after docketing as the grounds for the motion are known. 

After the appellant or petitioner has filed theits principal brief, the 

argument supporting dismissal, for lack of jurisdictiontransfer, or remand 

should be made in the response brief of the appellee or respondent. Any

response in opposition, if any, shouldto such an argument made in the 

response brief must be included in the responsivereply brief. Joint or 

unopposed motions or stipulations to dismiss, transfer, or to remand may 

be made at any time. 
PROPOSED AMENDMENTS TO THE FEDERAL CIRCUIT RULES OF PRACTICE APRIL 2020 

75 

FEDERAL CIRCUIT RULE 27 

(g) Motion Incorporated in a Brief. 

Except as provided in Federal Circuit Rule 27(e) and (f), a motion must not 

be incorporated in a brief. 

(h) Delegation of Authority to the Clerk of Court. 

The clerk of court is authorized to act on any procedural motion or 

unopposed nonprocedural motion, but may not act on an opposed 

nonprocedural motion or any motion that requires action by a judge or 

panel of judges. The clerk of court may also direct an expedited response to 

a motion or petition and may direct the parties to show cause why an 

appeal or petition should not be dismissed or transferred. Even if the clerk 

of court is authorized to act on a particular motion, the clerk of court may 

nonetheless refer the matter to a judge or panel, or may defer the matter to 

the merits panel, when appropriate. 

(i) Ex Parte Application. 

Neither the court nor any judge of the court will conduct an ex parte 

hearing on an application for relief. 

(j) Copies. 

No paper copies are required to be provided to the court for any motion, 

response, or reply that is submitted by counsel through CM/ECF. If a 

motion, response or reply is filed by a pro se party, then one paper copy 

must be provided by the court. 
PROPOSED AMENDMENTS TO THE FEDERAL CIRCUIT RULES OF PRACTICE APRIL 2020 

76 

FEDERAL CIRCUIT RULE 27 

(kj) Application for ConsiderationReconsideration, VacationVacatur, 

or Modification of Proceduralan Order or Action. 

A party adversely affected by a procedural order entered on a motion 

without awaiting the response time or byseeking to reconsider, vacate, or 

modify an dispositive order of the clerk of court mayissued by a panel must

move for relief within the time prescribed by Federal Circuit Rule 40(d). 

For all other orders or actions by the court, including by a single judge, a 

panel of judges, or the clerk of court, a party must move for relief within 

fourteen (14) days ofafter the order or action. The application must be made 

by motion.

(l) Review or Reconsideration of the Order of a Single Judge or Panel 

of Judges. 

Except for a dispositive order issued by a panel, which time will be 

governed by Federal Rule of Appellate Procedure 40(a)(1), a party seeking 

review by the court of the action of a single judge or reconsideration of the 

action of a panel of judges must file a motion for reconsideration within 14 

days of the entry of the order. 
PROPOSED AMENDMENTS TO THE FEDERAL CIRCUIT RULES OF PRACTICE APRIL 2020 

77 

FEDERAL CIRCUIT RULE 27 

(mk) Motions Containing Confidential or Sealed Material Subject to a 

Protective Order. 

(1) Confidentiality.

(A) Except as provided herein, no material in a motion, response, 

or reply shall be marked confidential, including references to 

information previously treated as confidential pursuant to a 

protective order. The exceptions are as follows: In cases other 

than those arising under 19 U.S.C. § 1516a or 28 U.S.C. 

§ 1491(b), each motion, response, or reply may mark 

confidential up to fifteen (15) words (including numbers) if the 

information (1) was treated in the matter under review as 

confidential pursuant to a judicial or administrative protective 

order and (2) such marking is authorized by statute, 

administrative regulation, or court rule (such as Federal Rule 

of Civil Procedure 26(c)(1)). When words are marked 

confidential in a motion, response, or reply, repeating the 

marked words in the same motion, response, or reply shall not 

add to the count toward the fifteen word allotment. A response 

need not count toward its allotment any words that were 

already marked confidential in the motion to which it 

responds; a reply need not count words that were marked 

confidential in the response but not in the motion. A party 

seeking to mark confidential more than fifteen words must file 

a motion with this court establishing that the additional 

confidentiality markings are appropriate and necessary 

pursuant to a statute, administrative regulation, or court rule. 

For example, a party may establish that an argument cannot 

be properly developed without additional disclosure of 

confidential information in the motion, response, or reply, and 

public disclosure will risk causing competitive injury. Such a 

motion shall be made contemporaneously with the filing of the 

underlying motion, response, or reply, and the marked 

material shall be treated as confidential until the court acts on 

the motion. If the motion to mark additional material 

confidential is denied in whole or in part, an amended motion, 

response or reply shall be filed within ten (10) days of the 

action on the motion. In cases arising under 19 U.S.C. § 1516a 

or 28 U.S.C. § 1491(b), each motion, response, or reply may 

mark confidential up to fifty (50) words (including numbers). 
PROPOSED AMENDMENTS TO THE FEDERAL CIRCUIT RULES OF PRACTICE APRIL 2020 

78 

FEDERAL CIRCUIT RULE 27 

(B) Attachments and exhibits to a motion, response, or reply may 

be marked confidential to the extent permitted for appendix 

material under Federal Circuit Rule 30(h). 

(2) Two Versions of the Motions Documents. If a party refers in a 

motion to material subject to confidentiality as permitted by Federal 

Circuit Rule 27(m)(1) two versions of motions documents must be 

filed. 

(A) Confidential Version; One version of motion documents 

must be labeled “confidential” and filed with the court. If 

confidentiality will end on a date certain or upon the 

happening of an event, this must be stated on the cover, e.g., 

“CONFIDENTIAL UNTIL [DATE],” or “CONFIDENTIAL 

DURING JUDICIAL REVIEW.” Each page containing 

confidential material must enclose this material in brackets or 

indicate this material by highlighting. 

(B) Nonconfidential Version; The second version of motion 

documents from which confidential matter has been deleted, 

must be labeled “nonconfidential” and filed with the court. 

Each page from which material subject to a protective order 

has been deleted must bear a legend so stating. The 

introductory paragraph of the nonconfidential motion or 

response must describe the general nature of the confidential 

material that has been deleted. 

(3) Service. Each party to the appeal must be served two copies of the 

confidential motion documents if otherwise permitted by the 

applicable protective order. 

(4) Availability to the Public. The confidential motion documents will 

be made available only to authorized court personnel and must not 

be made available to the public. After five years following the end of 

all proceedings in the court, the parties may be directed to show 

cause why confidential motion papers (except those protected by 

statute) should not be made available to the public 

Federal Circuit Rule 25.1 applies to confidential or sealed material in 

motions, responses, and replies. 
PROPOSED AMENDMENTS TO THE FEDERAL CIRCUIT RULES OF PRACTICE APRIL 2020 

79 

Practice Notes to Rule 27 

CONTENT OF A MOTION, RESPONSE, OR REPLY. 

Using Federal Circuit Rule 27’s preferred content and organization for a motion, 

response, or reply will help avoid delays caused by the need for additional 

information. Although motions, responses, and replies need not have the 

formality of briefs, a motion, response, or reply may be rejected if it is not 

substantially complete. 

MOOT RESPONSE. 

A response to a motion for a procedural order that is received after the motion has 

been acted on is considered moot. 

AUTHORITY TO ACT ON MOTIONS; MOTIONS REFERRED TO PANEL. 

Neither the clerk of court nor the court is required to grant relief just because the 

parties agree it should be granted. The clerk of court’s authority to act on 

procedural or unopposed nonprocedural motions includes the authority to grant or 

deny the requested relief in whole or in part or to refer the motion to a judge or a 

panel. 

Examples of procedural motions include motions for extensions of time, motions 

to reform the caption, motions for leave to file various documentswithdraw 

counsel, and motions for leave to proceed in forma pauperis, etc. 

Examples of nonprocedural motions include motions to dismiss, motions to 

remand, motions to transfer, motions to summarily affirm judgments, motions for 

stays of injunctions, motions for injunctions, motions to strike portions of briefs or 

appendices, motions for leave to intervene, motions for leave to file briefs as amici 

curiae, etc. Motions to exceed the permitted word or page limitation for a brief 

will be decided by a judge. If the clerk of court grants a motion to extend the time 

to file a principal brief by sixty (60) days, no further extensions should be 

anticipated. Once a case is assigned to a merits panel, the clerk of court refers all 

motions to the merits panel. 
PROPOSED AMENDMENTS TO THE FEDERAL CIRCUIT RULES OF PRACTICE APRIL 2020 

80 

Practice Notes to Rule 27 

TELEPHONE INQUIRYIES ABOUT PENDING MOTIONS; ACCESS TO 

ORDERS ON WEBSITE. 

Telephone inquiries about pending motions are discouraged, because they divert 

the clerk’s office staff from more pressing dutiesand contacting the court will not 

expedite action on any motion. Most orders are considered routine and counsel 

may awaitwill receive notification by mail or Notice of Docket Activity (NDA)as 

soon as the motion is decided. Counsel or the parties may often determine the 

status of a pending motion and obtain copies of court orders through CM/ECF or 

PACERthe court’s electronic filing system. Many pertinent orders, including en 

banc orders, are promptly posted on the court’s opinions and orders pagewebsite. 

Under no circumstances should anyoneparties or counsel telephone a judge, a 

judge’s chambers, or the office of the general counselsenior staff attorney about a 

motion. InHowever, when filing an emergency matter or a motion for expedited 

consideration, you mayparties or counsel should call the clerk’s office. 

MOTION TO EXPEDITE PROCEEDINGS. 

While motions to expedite proceedings are not routinely granted, they may be 

filed in an appropriate cases. A motion for expedited proceedings is the procedural 

vehicle to request the court to accelerated consideration of an appeal or petition 

for review, and it should be filed immediately upon filing of an appeal or petition 

for reviewafter docketing. Such a motion is appropriate where the normal briefing 

and disposition schedule may adversely affect one of the parties, such as in 

appeals involving preliminary or permanent injunctions, or government contract 

bid protests. A motion for expedited proceedings should be styled as an 

“Emergency Motion.” Unopposed emergency motions should still include a brief 

review of the grounds for the motion, the specific relief sought by way of a 

proposed briefing schedule, and the legal argument to support the motion, per 

Federal Circuit Rule 27(a)(4). A motion for expedited proceedings should also 

include as part of the relief sought a request for an expedited briefing schedule for 

the motion.
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Practice Notes to Rule 27 

CERTIFICATE OF COMPLIANCE WITH CONFIDENTIALITY 

REQUIREMENTS. 

Federal Circuit Rule 27(m) limits the amount of material that can be marked 

confidential in motions, responses and replies. A motion, response or reply 

including confidential material must be accompanied by a certificate that the 

motion, response or reply complies with the word limitation. Federal Circuit 

Form 31 is a suggested form of a certificate of compliance with this rule. It is the 

responsibility of the filing party to ensure that its certificate of compliance is 

accurate. 
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82 

FEDERAL CIRCUIT RULE 28 

Briefs 

(a) Contents of Principal Briefs; Organization of Contents; Addendum; 

Binding. 

Principal Bbriefs must be bound as prescribed in Rule 32 of the Federal 

Rules of Appellate Procedure and must contain the following in the order 

listed: 

(1) the certificate of interest (seeunder Federal Circuit Rule 47.4); 

(2) the table of contents; 

(3) the table of authorities; 

(4) the statement of related cases (seeunder Federal Circuit Rule 47.5); 

(5) the jurisdictional statement including a representationinformation 

demonstrating that the judgment or order appealed from is final or, 

if not final, theappealable on another basis for appealability (e.g., 

preliminary injunction, Federal. Rule. of Civil. Procedure. 54(b) 

certification of final judgment as to fewer than all of the claims or 

parties, etc.); 

(6) the statement of the issues; 

(7) the statement of the case setting out the facts relevant to the issues, 

including the citation of any published decision of the trial tribunal 

in the proceedings; 

(8) the summary of the argument; 

(9) the argument, including the statement of the standard of review; 

(10) the conclusion and statement of relief sought; 
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FEDERAL CIRCUIT RULE 28 

(11) an addendum containing the judgments, orders, agency actions, or 

other decisions in question, and any opinions, 

memorandumsmemoranda, or findings and conclusions supporting 

it, as an addendum placed last within the initial brief of the 

appellant or petitionerthem (This this requirement applies only to 

the principal brief of an appellant, petitioner, or cross-party) and is 

met when the appendix is bound with the brief. (See Federal Circuit 

Rule 30(c)(1) and (d) for a duplicative requirement of the appendix.) 

Additionally, in an appeal involving a patent, the patent in suit may 

be included within the addendum of the initial brief and, if included, 

must be reproduced in its entirety. (See also Federal Circuit Rule 

30(a)(2)(A)(iii) and Federal Circuit Rule 30(a)(3) for a requirement 

that the patent in suit be included in its entirety in the appendix). 

Addendum material must be paginated with the corresponding 

appendix page numbers following the numbering format specified in 

Federal Circuit Rule 30(b)(4)(E), e.g. “Appx134,” “Appx3 17,” or 

“SAppx1185”; 

(12) additional content in an appeal or petition involving a patent—(A) 

all patents in suit reproduced in their entirety as an addendum to 

the proofprincipal brief of service (seea petitioner or appellant and 

(B) the language of a patent claim at issue appearing on the inside of 

the front cover of each principal brief (or immediately following the 

front cover if the language requires more space), with this 

duplicative language not counting for Federal Rule of Appellate 

Procedure 2532(dg)(1) purposes provided the same language is 

included in the brief; and

(13) the certificate of compliance, if required by Federal Circuit Rule of 

Appellate Procedure 32(gb)(13). 

(b) Exclusion of Contents from Appellee’s Jurisdictional Statement 

and Statements of the Issues, the Case, the Facts, and the Standard 

of ReviewBrief. 

TheAn appellee’s jurisdictional statement and statements of jurisdiction, 

the issues, the case, theand facts, and the standard of review must be 

limited to specific areas of disagreement with those of the appellant. 

Absent disagreement, thean appellee must not include any of those 

statements. The statement of the case must include the citation of any 
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FEDERAL CIRCUIT RULE 28 

published decision of the trial tribunal in the proceedings that is not 

included in the appellant’s statement of the case.

(c) Motion to File Extended Brief 

The court looks with disfavor on a motion to file an extended brief and 

grants it only for extraordinary reasons. Unless the order granting a 

motion to file an extended brief provides otherwise, when additional pages 

or words are allowed in the principal brief of an appellant or cross

appellant, a responsive brief permitted by the rules may contain the same 

number of additional pages or words 

(c) Addendum Pagination. 

Addendum material that is also designated for inclusion in the appendix 

must be paginated with the corresponding page numbers assigned to that 

material under Federal Circuit Rule 30(b)(2)(C). Other addendum material 

must be paginated in such a way as to avoid confusion. 

(d) Brief Containing Material Subject to a Protective Order. 

 (1) Confidentiality.

(A) Except as provided herein, no material in briefs shall be 

marked confidential, including references to information 

previously treated as confidential pursuant to a protective 

order. The exceptions are as follows: In cases other than those 

arising under 19 U.S.C. § 1516a or 28 U.S.C. § 1491(b), each 

brief may mark confidential up to fifteen (15) words (including 

numbers) if the information (1) was treated in the matter 

under review as confidential pursuant to a judicial or 

administrative protective order and (2) such marking is 

authorized by statute, administrative regulation, or court rule 

(such as Federal Rule of Civil Procedure 26(c)(1)). When words 

are marked confidential in a brief, repeating the marked 

words in the same brief shall not add to the count toward the 

fifteen word allotment. A brief need not count toward its 

allotment words that were marked confidential for the first 

time in the briefing cycle in an immediately preceding brief to 

which it is responding. A party seeking to mark confidential 

more than fifteen words in any brief must file a motion with 
PROPOSED AMENDMENTS TO THE FEDERAL CIRCUIT RULES OF PRACTICE APRIL 2020 

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FEDERAL CIRCUIT RULE 28 

this court establishing that the additional confidentiality 

markings are appropriate and necessary pursuant to a 

statute, administrative regulation, or court rule. For example, 

a party may establish that an argument cannot be properly 

developed without additional disclosure of confidential 

information in the brief, and public disclosure will risk 

causing competitive injury. Such a motion shall be made 

contemporaneously with the filing of the brief, and the marked 

material shall be treated as confidential until the court acts on 

the motion. If the motion is denied in whole or in part, an 

amended brief shall be filed within ten (10) days of the action 

on the motion. In cases arising under 19 U.S.C. § 1516a or 28 

U.S.C. § 1491(b), each brief may mark confidential up to fifty 

(50) words (including numbers). 

(B) Addendum material may be marked confidential to the extent 

permitted for appendix material. See Federal Circuit Rule 

30(h). 

(C) For purposes of this subsection (d), petitions for en banc or 

panel rehearing and responses thereto shall be considered to 

be briefs. 

(2) Two Versions of Briefs. If a party refers in a brief to material 

subject to confidentiality as permitted by Federal Circuit Rule 28(d), 

then two versions of the briefs must be filed. 

(A) Confidential Version; Labeling; Number of Copies. 

Counsel should file one version of paper briefs, consisting of 

six copies, which must be labeled “confidential.” If 

confidentiality will end on a date certain or upon the 

happening of an event, this must be stated on the cover, e.g., 

“CONFIDENTIAL UNTIL [DATE],” or “CONFIDENTIAL 

DURING JUDICIAL REVIEW.” Each page containing 

confidential material must enclose this material in brackets or 

indicate this material by highlighting. 

(B) Nonconfidential Brief; Labeling; Number of Copies. 

Counsel should file the nonconfidential brief through 

CM/ECF. No paper copies are required if the nonconfidential 

brief was filed through CM/ECF and paper copies of the 

confidential brief were filed, unless otherwise ordered. The 
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FEDERAL CIRCUIT RULE 28 

nonconfidential brief, from which confidential matter has been 

deleted, must be labeled “nonconfidential” and each page from 

which confidential material has been deleted must bear a 

legend so stating. The table of contents of a nonconfidential 

brief must describe the general nature of the confidential 

material that has been deleted. 

(3) Service. A nonconfidential brief filed by counsel through CM/ECF is 

served on each party through a Notice of Docket Activity (NDA). 

Each party to the appeal must be served two paper copies of any 

confidential brief when permitted by the applicable protective order. 

(4) Availability to the Public. The confidential briefs will be made 

available only to authorized court personnel and must not be made 

available to the public. After 5 years following the end of all 

proceedings in the court, the parties may be directed to show cause 

why confidential briefs (except those protected by statute) should not 

be made available to the public. 

(5) Agreement to Remove Confidentiality Markings. Before the 

filing of any motion to mark material as confidential and thereafter 

if a motion is filed, the parties shall attempt to reach agreement that 

material should not be marked confidential in briefs or motions 

pursuant to Federal Circuit Rules 11(d) or 17(f) 

(d) Brief Containing Confidential or Sealed Material.

Federal Circuit Rule 25.1 applies to confidential or sealed material in 

briefs. 
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FEDERAL CIRCUIT RULE 28 

(e) Citations. 

Opinions of this court and its predecessors should be cited as found in the 

Federal Reporter. Parallel citations to any other reporters are discouraged. 

Examples of acceptable citations are: 

Guotos v. United States, 552 F.2d 992 (Ct. Cl. 1976). 

In re Sponnable, 405 F.2d 578 (CCPA 1969). 

South Corporation v. United States, 690 F.2d 1368 (Fed. Cir. 1982) 

(en banc). 

Doe v. Roe, No. 12-345, slip op. (Fed. Cir. Oct. 1, 1982). 

(f) Reference toReferring to the Record and Appendix. 

Any Rreference in thea brief to pages of the jointunderlying record or to 

material authorized to be included in an appendix and, if permitted, of a 

supplemental appendix must be to the corresponding appendix page 

number(s) assigned to the material under Federal Circuit Rule 30(b)(2)(C). 

References must be as short as possible consistent with clarity and must 

follow the numbering format specifiedrequired by the clerk of court in 

Federal Circuit Rule 30(b)(4)(E), e.g., “Appx134,” “Appx3 17” or 

“SAppx1185the court’s Electronic Filing Procedures.” Indiscriminate 

references in briefs to blocks of record pages are prohibited.
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FEDERAL CIRCUIT RULE 28 

(g) Pro SeUnrepresented Party Briefs; Response.

An unrepresented party may file a formal brief or an informal brief, but not 

both.

(1) Informal Brief; Appellee’s Brief. A pro se party may file a formal 

brief or an informal brief, but not both. A pro se party may file aAn 

informal brief onmust contain the information required by the form 

prescribed by the court. When the appellant or petitioner files an 

informal brief, the appellee or respondent may elect to file an 

informal brief. An informal brief filed by an appellee or respondent 

must contain a statement of the case but otherwise follow the format 

prescribed for the pro se party. Three paper copies of an informal 

brief are required to be filed. See Federal Circuit Rule 25(c)(2)(B)No 

other contents are required. 

(2) Formal Brief. If a pro se party chooses to file a formal brief, then an 

informal brief may not be filed. If aA formal brief is filed, it must 

comply with the various rRules of this court28 and 32 regarding 

format and contents, and six paper copies must be filed. 

(3) Counseled Party Response Brief. When the appellant or 

petitioner files an informal brief, the appellee or respondent may 

elect to file an informal brief. An informal response brief must 

contain a statement of the case, but the brief may otherwise follow 

the format prescribed for the unrepresented party. In an

responsiveinformal or formal response brief, the respondentparty

must state whether or not respondentit believes the court has 

jurisdiction over the petition for reviewcase, with reasons provided. 

(h) Briefs in a Transferred Case. 

When an appeal is transferred to this court by another court of appeals 

after briefs have been filed, the parties may stipulate to proceed on those 

briefs instead of filing briefs prescribed by these rules. The stipulation and 

each brief must be filed with this court within fourteen (14) days ofafter

docketing, and the briefs must be filed by counsel through CM/ECF, with 

the required number of paper copies to follow. Seebe provided in accordance 

with Federal Circuit Rule 25(c). The court may also order supplemental 

briefs as needed. 
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FEDERAL CIRCUIT RULE 28 

(i) Citation of Supplemental AuthoritiesMultiple Parties. 

Any citation of supplemental authorities must be submitted through 

CM/ECF by counsel. If filed by a pro se party, then 3 copies must be filed 

(1) Single Brief. Each party is permitted to file a single brief of each 

type authorized for that party by these rules. Private parties with 

identical or similar interests are strongly encouraged to join in a 

single brief. 

(2) Combined Brief Required. When there are multiple parties 

represented by the same counsel or counsel from the same firm, a 

combined brief must be filed on behalf of all the parties represented 

by that counsel or firm. 

(j) Briefs in Related Cases 

Parties may not file entirely duplicative briefs in related cases. If a portion 

of a brief is duplicative of a portion of a brief in a related case, the filing 

party must so advise the court at the beginning of the brief section 

containing the duplicative content. 
PROPOSED AMENDMENTS TO THE FEDERAL CIRCUIT RULES OF PRACTICE APRIL 2020 

90 

Practice Notes to Rule 28 

INFORMAL BRIEF. 

The informal brief procedure is explained in the Guide for Pro Se Petitioners and 

AppellantsUsing the court’s Form 11, 12, 13, 14, 15, or 16, whichever corresponds 

to the type of case, satisfies the requirements of an informal brief for an 

unrepresented petitioner or appellant under Federal Circuit Rule 28(g). Using the 

court’s Form 11A satisfies the requirements of an informal response brief for an 

unrepresented respondent or appellee under Federal Circuit Rule 28(g). 

MULTIPLE PARTIES. 

When there are multiple parties represented by the same counsel or counsel from 

the same firm, a combined brief must be filed on behalf of all the parties 

represented by that counsel or firm. 

DESCRIBING THE GENERAL NATURE OF CONFIDENTIAL MATERIAL 

DELETED FROM THE NONCONFIDENTIAL BRIEF. 

The following example is acceptable: 

CONFIDENTIAL MATERIAL OMITTED 

The material omitted on page 42 describes the circumstances of an alleged 

lost sale; the material omitted in the first line of page 43 indicates the 

dollar amount of an alleged revenue loss; the material omitted on page 44 

indicates the quantity of the party’s inventory and its market share; the 

material omitted in the text on page 45 describes the distributor’s 

experiences concerning the inventories and order lead times; and the 

material omitted in the footnote on page 45 describes non price factors 

affecting customers’ preferences between competing methods. 

JUSTIFICATION FOR CLAIM OF CONFIDENTIALITY. 

Unnecessarily designating material in the briefs and appendix as confidential 

may hinder the court’s preparation and issuance of opinions. Counsel must be 

prepared to justify at oral argument any claim of confidentiality. 
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91 

Practice Notes to Rule 28 

INCLUSION OF PATENT CLAIMS. 

Any party or intervenor may include the language of a patent or claim at issue 

beginning on the inside of the front cover of the brief (this duplicate language is 

not counted pursuant to Federal. Rule. of Appellate. Procedure. 32(g)(1)), provided 

the same language is included in the brief. 

CERTIFICATE OF COMPLIANCE WITH CONFIDENTIALITY 

REQUIREMENTS. 

Federal Circuit Rule 28(d) limits the amount of material that can be marked 

confidential in briefs. A brief including confidential material must be 

accompanied by a certificate that the brief complies with the word limitation. 

Federal Circuit Form 31 is a suggested form of a certificate of compliance with 

this rule. The form can be embedded within the brief or filed separately. It is the 

responsibility of the filing party to ensure that its certificate of compliance is 

accurate. 
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92 

FEDERAL CIRCUIT RULE 28.1 

Cross-Appeals 

(a) Page Limitation. 

Unless it complies with Federal Circuit Rule 28.1(b), the appellant's 

principal brief must not exceed thirty (30) pages; the appellee's principal 

and response brief, thirty-five (35) pages; the appellant's response and 

reply brief, thirty (30) pages; and the appellee's reply brief, fifteen (15)

pages. 

(b) Type-Volume Limitation. 

(1) The appellant's principal brief or the appellant's response and reply 

brief is acceptable if it meets one of the following: 

(A) it contains no more than 14,000 words; or 

(B) it uses a monospaced face and contains no more than 1,300 

lines of text. 

(2) The appellee's principal and response brief is acceptable if it meets 

one of the following: 

(A) it contains no more than 16,500 words; or 

(B) it uses a monospaced face and contains no more than 1,500 

lines of text. 

(3) The appellee's reply brief is acceptable if it meets one of the 

following: 

(A) it contains no more than 7,000 words; or 

(B) it uses a monospaced face and contains no more than 650 lines 

of text. 
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FEDERAL CIRCUIT RULE 28.1 

(c) Certificate of Compliance. 

A brief submitted under this rule must comply with Federal Circuit Rule 

32(gb)(13). 

(d) Brief Contents. 

Appellant’s principal brief must comply with Federal Circuit Rule 28(a). 

Appellee’s principal and response brief must comply with Federal Circuit 

Rule 28(a), and (b) to the extent that it refers to the statement of the case. 

Appellee’s principal and response brief must also include the addendum 

under Federal Circuit Rule 28(a)(11) to the extent that the materials differ 

from those produced in the appellant’s principal brief. Appellant’s response 

and reply brief must comply with Federal Circuit Rule 28(b). 
PROPOSED AMENDMENTS TO THE FEDERAL CIRCUIT RULES OF PRACTICE APRIL 2020 

94 

Practice Notes to Rule 28.1 

CROSS-APPEALS. 

A party may file a cross-appeal only when it seeks to modify or overturn the 

judgment of a trial tribunal. Although a party may present additional arguments 

in support of the judgment as an appellee, counsel are cautioned against 

improperly designating an appeal as a cross-appeal when they merely present 

arguments in support of the judgment. See Bailey v. Dart Container Corp., 292 

F.3d 1360 (Fed. Cir. 2002). Further, counsel are cautioned, in cases involving a 

proper cross-appeal, to limitthat the fourth brief must be limited to the issues 

presented by the cross-appeal. In the third brief, moreover, the reply argument on 

the appeal issues should not exceed the length that would be permitted if there 

were no cross-appeal. In all cases, counsel should be prepared to defend the filing 

of a cross-appeal and the propriety of arguments presented in the fourth brief at 

oral argument. See Aventis Pharma S.A. v. Hospira, Inc., 637 F.3d 1341 (Fed. Cir. 

2011).

TIME TO SERVE AND FILE A BRIEF. 

Please refer to Federal Circuit Rule 31(a) for brief due dates when there is a 

cross-appeal. 

CLARIFICATION TO FEDERAL RULE OF APPELLATE PROCEDURE 

28.1(c)(4). 

Where the term “appellee” is used, it refers to the “cross-appellant.” 
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95 

FEDERAL CIRCUIT RULE 29 

Brief of an Amicus Curiae 

(a) Contents; Form. 

In addition to the contents required by Federal Rule of Appellate Procedure 

29, the brief of an amicus curiae must include a certificate of interest 

(seeunder Federal Circuit Rule 47.4) in front of the table of contents. 

(b) List of Amicus CuriaeLength. 

The clerk will maintain a list of bar associations and other organizations to 

be invited to file amicus curiae briefs when the court directs. Bar 

associations and other organizations will be placed on the list if they 

request. The request must be renewed annually not later than October 1An 

amicus brief exceeding one-half the maximum number of pages authorized 

for a principal brief must contain no more than one-half the maximum 

number of words or lines authorized by Federal Circuit Rule 32(b) for a 

principal brief. An amicus brief exceeding the page limitation must include 

a certificate of compliance with the type-volume limitation that adheres to 

Federal Rule of Appellate Procedure 32(g). 

(c) ConsentCitations to the Record. 

If anEach amicus brief is filed on consent of all parties, then no motion for 

leave is required and the brief should state, pursuant tomust comply with

Federal Circuit Rule of Appellate Procedure 29(a), that all parties have 

consented to its filing28(f). An amicus curiae should contact the parties to 

obtain the designation of material for the appendix. Leave of court is 

required for an amicus curiae to cite directly to the record or to file a 

separate appendix. 
PROPOSED AMENDMENTS TO THE FEDERAL CIRCUIT RULES OF PRACTICE APRIL 2020 

96 

Practice Note to Rule 29 

An amicus curiae must file an entry of appearance and a certificate of interest, if 

applicable. See Federal Circuit Rules 47.3, 47.4, and Forms 8 and 9. 

CONSENT.

If an amicus brief on the merits is filed on consent of all parties, then no motion 

for leave is required and the brief should state, pursuant to Federal Rule of 

Appellate Procedure 29(a), that all parties have consented to its filing. 
PROPOSED AMENDMENTS TO THE FEDERAL CIRCUIT RULES OF PRACTICE APRIL 2020 

97 

FEDERAL CIRCUIT RULE 30 

Appendix to the Briefs 

(a) Purpose; Contents of Appendix; Time for Filing; Number of Copies; 

Cover; ServiceMultiple Volumes; Failure to File. 

(1) Purpose. The purpose of this rule is to limit the size of the appendix 

of documentary materials that is printed and filed with the court. 

The rule also authorizes a supplementary video recording media 

appendix under some circumstances. 

(21) Contents; Indiscriminate Referencing to Blocks of the Record 

Prohibited.

(A) In addition to the mattersmaterial required by Federal Rule of 

Appellate Procedure 30(a)(1)(A), (B), and (C), the appendix 

must include the following: 

(i) the entire docket sheet, certified list, or index from the 

proceedings below; 

(ii) in an appeal from a jury case, the judge’s charge, the 

jury’s verdict, and the jury’s responses to 

interrogatories; and

(iii) in an appeal involving a patent, the patent in suit in its 

entirety. The patent in suit may also be included as an 

addendum to appellant’s initial brief. Any other patents 

included in an appendix must be included in their 

entirety; and 

(iv) any nonprecedential opinion or order cited in 

accordance with Federal Circuit Rule 32.1(c). 

(B) Parts of the record authorized by Federal Rule of Appellate 

Procedure 30(a)(1)(D) must not be included in the appendix 

unless they are actually referencedcited in the briefs, but the.

pParties are encouraged tomust, however, include in the 

appendix sufficient surrounding record and transcript pages to 

provide context for a referenced transcriptcited excerpt, as 

well as the transcript cover page identifying participating 

counsel if included in the record. Inclusion of unnecessary 

pages in the appendix is prohibited.
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FEDERAL CIRCUIT RULE 30 

(C) Indiscriminate referencing in briefs to blocks of record pages 

or inclusion of unnecessary pages in the appendix is 

prohibited.In an appeal from the Patent and Trademark 

Office, unless the parties agree otherwise, the appendix must 

include the following: 

(i) a copy of all rejected claims that are being appealed 

from a final decision of the Patent Trial and Appeal 

Board; 

(ii) a copy of all counts in a patent interference appeal or 

claims involved in a derivation proceeding; or 

(iii) a copy of the trademark sought to be registered or 

cancelled and a copy of any registration relied on to 

refuse or oppose registration or to seek cancellation of 

registered mark in a trademark appeal.

(D) If the appellant includes in the appendix material counterdesignated by the appellee under Federal Circuit Rule 30(b) 

that the appellant considers that parts of the record have been 

referencedto be included in violation of this rule, the appellant 

may so advise the appellee and the appellee must advance the 

costs of including those parts in the appendix. 

(E) The following must not be included in the appendix except by 

leave of the court, and any motion for leave must state the 

number of pages requested to be included: 

(i) briefs and memoranda, in their entirety (except as 

otherwise provided inpermitted by Federal Circuit Rule 

30(a)(1)(F); 

(ii) notices; 

(iii) subpoenas—except where the enforcement or validity of 

a subpoena is at issue; 

(iv) summonses—except in appeals from the Court of 

International Trade; 

(v) motions to extend time; or 
PROPOSED AMENDMENTS TO THE FEDERAL CIRCUIT RULES OF PRACTICE APRIL 2020 

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FEDERAL CIRCUIT RULE 30 

(vi) jury lists. 

(F) Nothing in this Federal Circuit Rule 30 prohibits from 

designation and inclusion in an appendix any of the following: 

(i) an examiner’s answer in an ex parte patent case; 

(ii) a trademark examining attorney’s appeal brief in an ex 

parte trademark case; or

(iii) the briefs and memoranda in their entirety in a case 

where the only issue is the propriety of summary 

judgment is an issue or where there is an issue of 

waiver.; or 

(iv) the notice of appeal.

(3) Additional Mandatory Appendix Items in Patent and 

Trademark Office Appeals. In an appeal from the Patent and 

Trademark Office, unless the parties mutually agree otherwise, the 

appendix must include: 

(A) a copy of all rejected claims in an ex parte patent appeal; 

(B) a copy of all counts in a patent interference appeal; or

(C) a copy of the trademark sought to be registered or cancelled 

and a copy of any registration relied on to refuse or oppose 

registration or to seek cancellation of a registered mark in an 

ex parte or an inter partes trademark appeal. 

(42) Time for Filing. The appellant must serve and file anthe appendix 

within seven (7) days after the last reply brief is served and filed. 

When there is no cross- appeal, if the appellant does not file a reply 

brief, the appendix must be served and filed within the time for filing 

the reply brief. In a cross -appeal, if the cross- appellant does not file 

a reply brief, the appendix must be served and filed within seven (7)

days after the time for filing the cross- appellant’s reply brief has 

expired. 

(53) Number of Copies. Six (6) paper copies of the appendix must be 

filed with the court in accordance with Federal Circuit Rule 25(c). 
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100 

FEDERAL CIRCUIT RULE 30 

(64) Multi Volume Appendix: Covers and Page NumbersVolumes. No 

appendix volume filed electronically may exceed 400 sheets of paper 

when printed. Appendices exceeding 400 printed sheets of paper 

must be divided into separate volumes before filing. A multi-volume 

appendix must have a volume number in rRoman numerals and the 

pages included in the volume listed at the top of the cover of each 

volume (e.g., Volume II, Pages 542 to 813). Parties must not include 

a volume number on the cover of an appendix if that appendix 

consists of only one volume. A complete table of contents or index 

must be included in each volume of the appendix.

(7) Service. One paper copy must be served on, or by, each pro se party. 

In a case in which all parties are represented by counsel, service of 

nonconfidential material is made through CM/ECF and no paper 

copies are required to be served on the parties. See Rule 30(h)(3) for 

provisions related to service of confidential appendixes. 

(85) Consequence of Failing to File an Appendix. If the appellant 

fails to file anthe appendix, the clerk of court is authorized to dismiss 

the case. 

(b) Determination of Contents ofPreparing the Appendix; Designation 

of Materials; Extension of Time. 

(1) Designation of Material. The parties are encouraged to agree on 

the contents of an appendix that will comply with thismust compile a 

designation of material, consisting of all items in the record and 

other items required by Federal Circuit Rule 30, from which the 

appendix will be prepared.

(A) The parties must attempt to agree on the designation no later 

than forty-five (45) days prior to the deadline for the 

appellant’s principal brief.
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FEDERAL CIRCUIT RULE 30 

(2B) In the absence of an agreementIf the parties cannot agree 

within the timeframe, the appellant must, within 14 days 

after docketing in an appeal from a court or after service of the 

certified list or index in a petition for review or appeal from an 

agency, serve its designation on the appellee or cross 

appellant a designation of materials from which the appendix 

will be prepared andalong with a statement of the issues the 

appellant intends to be presented for review no later than 

thirty (30) days prior to the deadline for the appellant’s 

principal brief. The appellee or cross appellant may, wWithin 

fourteen (14) days thereafter receiving the designation, the 

appellee must serve on the appellant a counter-designation of 

additional parts to be included inmaterial, which the 

appendixappellant must include, or inform the appellant that 

no additional material needs to be added. 

(3) A designation or counter designation must not be filed with the 

court. 

(42) Table of Page Numbers; Physical CompilationPagination.

(A) Within 14 days after the parties have designated the material 

for the appendix, tThe appellant must assign consecutive page 

numbers to the designated material and serve on all parties

either a table reflecting the page numbers of each item 

designated. 

(B) or, Iif not prohibited inby an outstanding protective order, 

instead of the table the appellant may at the appellant’s 

option—serve on the parties one copy of a physical compilation 

of the designated material with the assigned page numbers 

shown. This copy may be in micrographic format.

(CB) The first page numbers in the designated material must be 

assigned to theall judgments, or orders, agency actions, or 

other decisions appealed from and any opinions, 

memorandummemoranda, or findings and conclusions 

supporting itthem. Other items must follow in accordance 

with Federal Rule of Appellate Procedure 30(d).

(D) The table of page numbers or the physical compilation of the 

designated material, whichever is used, must not be filed with 
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the court. If all designated material comprises no more than 

100 pages, Federal Circuit Rule 30(d) applies. 

(EC) The pages of the appendix or supplemental appendix 

shalldesignated material must be numbered by the automated 

Bates numbering feature of the software used to convert the 

appendixdocument into a .pdfPDF document and must be in 

the format “Appx” or “SAppx” followed by the page number(s); 

e.g., “Appx134,” “Appx3 17,” or “SAppx1385required by the 

clerk of court in the court’s Electronic Filing Procedures.”

(53) Extension of Time Limits. The time limits for designating, 

counter designating, and compiling the table may be extended by 

agreement of the parties may extend the time to complete the 

designation without seeking leave of the court; however, as long as 

an extension of the time is not required for filingdesignation and 

pagination must be completed before the appellant’s files its 

principal brief or the parties must move to extend the time to file the 

brief. But iIf the designation cannot be timely completed due to a

pending transcript of the proceedings is required before the material 

can be designated and if the transcript has been ordered but not 

completed within the time prescribed by this rule, the appellant 

must move for an extension of time within which to designate the 

material.request, Aan affidavit explaining in detailing what has 

been done to expedite transcription of the trial proceedings must be 

attached to the motion.

(4) Prohibition on Filing. The parties are prohibited from filing the 

designation of material and any counter-designation, table of page 

numbers, or physical compilation with the court.
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(65) Preparation of Appendix. The appellant must prepare the 

appendix to be filed with the courtby selecting from the designated 

material by selecting from that material only items required by these 

rules and pages specifically referred tocited in the briefs of the 

parties, including the briefs of intervenors and amici. Pages of the 

designated material not referencedcited in the briefs—other than 

items required by these rules—must be omitted from the appendix

filed with the court. If all material designated by the parties 

comprises no more than 100 pages, the entire designation may be 

filed as the appendix and combined with the appellant’s principal 

brief pursuant to Federal Circuit Rule 30(d).

(c) Format of Appendix; Pagination. 

(1) Arrangement of Appendix. Federal Rule of Appellate Procedure 

30(d) governs the arrangement of the appendix, except the 

judgments, or orders, agency actions, or other decisions appealed 

from and any opinions, memorandummemoranda, or findings and 

conclusions supporting itthem must be placed first in the appendix. 

(SeePursuant to Federal Circuit Rule 28(a)(11) for25.1(e)(1)(A), if the 

appendix must include an excerpt of a duplicative requirement of the 

appellant’sstatute imposing confidentiality or petitioner’s initial 

briefa judicial or administrative protective order, the excerpt or 

order must appear before the first page and may be paginated with 

Roman numerals.)
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(2) Pagination. The page numbers used in the appendix must be the 

page numbersthose assigned by the appellant or petitioner to the 

designated material in accordance with Federal Circuit Rule 30(b), 

and the pages must appear in numerical order. The pages must 

retain the Bates numbering of the designated material. The page 

numbers must appear centered in the bottom margin of each page in 

the appendixand meet the font size requirements of Federal Rule of 

Appellate Procedure 32(a)(5). Other pagination marks must be 

redacted if necessary to avoid confusion. The materials in the 

appendix must be in numerical order according to the page numbers 

the appellant assigned to the designated materials. Omission of 

pages need not be noted, (e.g., page 102 may be followed by page 230 

without stating that pages 103-229 are not reproduced). in the 

appendix. References in the briefs must be only to the page numbers 

of the appendix.

(3) Printing. Pages in an appendix—even when filing a combined brief 

and appendix may be printed on both sides. To the extent possible, 

the court encourages thisThe court encourages the double-sided 

printing of the pages of the appendix, an appendix combined with a 

brief, and an addendum. 
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(d) Combined Brief and Appendix. 

(1) When a brief and appendix are combined, the cover must so indicate. 

(2) If all designated materialeither the appendix agreed upon by the 

parties or the designated material comprises no more than 100 

pages, all of it may be included in the appendix, in which case it may 

be bound together with the appellant’s or petitioner’s initialprincipal

brief and theas a combined brief must be filed as provided in Federal 

Circuit Rule 31(a)and appendix. 

(e) Separate or Supplemental Appendix. 

Except as provided below, no party may file a separate or supplemental 

appendix without leave of the court. 

(1) Appellee’s Appendix in an Pro SeUnrepresented Party’s Case. 

If anIn cases involving only unrepresented appellants appearing pro se 

fileswho have failed to participate in determining the contents of the 

appendix or have filed an inadequate appendix, the appellee may file 

with its brief an appendix containing material permitted by Federal 

Circuit Rule 30(a)(2).

(2) Appendix Filed by the United States as an Appellee or 

Intervenor. If all appellants have failed to participate in 

determining the contents of the appendix or have filed an inadequate 

appendix, the United States or an officer or agency of the United 

States, as an appellee or intervenor, may file an appendix containing 

material permitted by Federal Circuit Rule 30(a). 

(3) Cover and Binding. If a separate or supplemental appendix 

contains no more than 100 pages, it may be bound together with the 

filer’s principal brief. If it is separately bound, then the cover must 

be red. 

(4) Pagination. The pages of a separate or supplemental appendix 

must be numbered by the automated Bates numbering feature of the 

software used to convert the document into a PDF and must be in 

the format required by the clerk of court in the court’s Electronic 

Filing Procedures. The separate or supplemental appendix need not 

follow any designated material pagination. 
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(5) Time for Filing. Any separate or supplemental appendix must be 

filed within seven (7) days after the appendix would be due under 

Federal Circuit Rule 30(a)(3).

(f) Separate or Supplemental Appendix. 

If the appellant has failed to participate in determining the contents of an 

appendix or has filed an inadequate appendix, the United States or an 

officer or agency of the United States, as the appellee, may file a separate 

or supplemental appendix containing material permitted by Federal Circuit 

Rule 30(a)(2). The cover must be red. If the separate or supplemental 

appendix contains no more than 100 pages, it may be bound together with 

the appellee’s initial brief. Except as provided in Federal Circuit Rule 30(e) 

and (f), no party may file a separate or supplemental appendix without 

leave of the court. 

(gf) Costs. 

The costs of the table of page numbers or the copy of the physical 

compilation of the designated material authorized in Federal Circuit Rule 

30(b)(4) and of the appendix, including the separate segments authorized in 

Federal Circuit Rule 30(h), may be assessed as provided in Federal Rule of 

Appellate Procedure 30(b)(2). Costs associated with the inclusion of 

material under Federal Circuit Rule 30(a)(1)(D) may be recovered.

(hg) Appendices Containing Confidential or Sealed Material Subject to 

a Protective Order. 

(1) (A) Confidentiality. Material that retains its status as 

covered by a protective order may be marked confidential in 

appendices (and addenda to briefs). Material that has lost its 

coverage under a protective order under Federal Circuit Rule 

11(c) or 17(e)—based on Federal Circuit Rules 30(h)(1)(B), 

27(m)(1), or 28(d)(1) may not be marked confidential in 

appendices (or addenda). 

(B) Agreement by Parties to Modify a Protective Order; 

Certificate of Compliance. If any portion of the record in 

the trial court or an agency is subject to a protective order and 

a notice of appeal has been filed, each party must promptly 

review the record to determine whether protected portions 
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need to remain protected on appeal. If a party determines that 

some portions no longer need to be protected, that party must 

seek an agreement with the other party. Any agreement that 

is reached must be promptly presented to the trial court or the 

agency, which may issue an appropriate order. Whether or not 

an agreement is reached, each party must file a certificate of 

compliance no later than the time for filing the joint appendix 

stating it complied with this rule. This Federal Circuit Rule 

30(h)(1)(B) does not apply in a case arising under 19 U.S.C. 

§ 1516a, or to third party information marked as confidential. 

(C) Motion to Modify the Protective Order. A party may move 

at any time in this court to modify a protective order to 

remove protection from some material or to include another 

person within its terms. This court may decide the motion or 

may remand the case to the trial court. This court, sua sponte, 

may direct the parties to show cause why a protective order 

should not be modified. 

(2) Two Versions of Appendices. If a party refers in appendices to 

material subject to confidentiality mandated by statute or to a 

judicial or administrative protective order, consistent with Federal 

Circuit Rule 30(h)(1), two versions of appendices must be filed. 

(A) Confidential Version; Labeling; Number of Copies. One 

set of appendices, consisting of six paper copies of the complete 

appendix, must be labeled “confidential” and filed with the 

court. If confidentiality will end on a date certain or upon the 

happening of an event, this must be stated on the cover, e.g., 

“CONFIDENTIAL UNTIL [DATE],” or “CONFIDENTIAL 

DURING JUDICIAL REVIEW.” The confidential appendix 

must include at the beginning (i.e., in front of the judgment or 

order appealed from) pertinent excerpts of any statutes 

imposing confidentiality or the entirety of any judicial or 

administrative protective order. Each page containing 

confidential material must enclose this material in brackets or 

indicate this material by highlighting. 

(B) Nonconfidential Version; Labeling. The second version of 

appendices from which confidential matter has been deleted, 

must be labeled “nonconfidential” and filed with the court. 

Each page from which material subject to a protective order 
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has been deleted must bear a legend so stating. The table of 

contents of a nonconfidential appendix must describe the 

general nature of the confidential material that has been 

deleted. 

(3) Service. In a pro se case, each party to the appeal must be served 

one copy of the nonconfidential appendices and, when permitted by 

the applicable protective order, one copy of the confidential 

appendices. In a case in which all parties are represented by counsel, 

service is made through CM/ECF of a nonconfidential appendix; one 

paper copy of the confidential version must be served. 

(4) Availability to the Public. The confidential appendices will be 

made available only to authorized court personnel and must not be 

made available to the public. After 5 years following the end of all 

proceedings in the court, the parties may be directed to show cause 

why confidential appendices (except those protected by statute) 

should not be made available to the publicFederal Circuit Rule 25.1 

applies to confidential or sealed material in appendices, exhibits, 

addenda, and attachments. 

(ih) Unrepresented Party’s Informal Appendix to Informal Brief. 

The appendix to aAn informal brief must containwill be considered filed 

with an appendix if it includes a copy of the judgment and opinion of the 

trial court or the final order of an administrative agency. The initial 

decision of the administrative judge must also be included in the appendix 

in a Merit Systems Protection Board case. If an unrepresented party 

chooses to separately file an appendix, then the items noted above must be 

included if they are not already attached to the informal brief.

(ji) Supplementary Video Recording MediaElectronic Appendix

Material Unable to be Produced in Paper. 

When the record on appeal or review has been perpetuated in whole or in 

part on video recording media in accordance with the rules of the court or 

agencyin an electronic format and that portion of the record cannot be 

reproduced in a non-electronic format, those video recording media portions 

of the record that would properly be included in the appendix if they were 
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in documentary form maywill be included in aconsidered supplementary 

video recording media appendix material. Four copies must be filed. 

(1) Copies. Four (4) copies must be filed on an electronic medium no 

later than the time to file the paper copies of the appendix under 

Federal Circuit Rule 25(c). These copies must be accompanied by a 

cover letter that includes the case number, short case name, and 

corresponding appendix page(s). 

(2) Statement Concerning Instructions and Malware. The copies 

must be accompanied by an affidavit or unsworn declaration under 

penalty of perjury under 28 U.S.C. § 1746, preferably within or 

attached to the packaging, that does the following: 

(A) sets forth the instructions for viewing the submission and the 

minimum equipment required for viewing; and 

(B) verifies the absence of computer malware and lists the 

software used to ensure that the submission is free of any 

malware. 

(3) Slip Sheet. A slip sheet representing the supplementary appendix 

material must be placed in the electronically filed appendix and 

corresponding paper copies. The slip sheet must bear proper 

appendix pagination and be included in the appendix where the 

material would have appeared. No separate notification is required.
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Practice Notes to Rule 30 

FILING PAGE PROOF COPIES PROHIBITED; NOTICE OF NEW 

REFERENCES IN CROSS-APPELLANT’S REPLY BRIEF. 

Preparing the appendix requires extensive cooperation between the parties. 

Federal Circuit Rule 30, unlike Federal Rule of Appellate Procedure 30, does not 

permit filing page proof copies of briefs. An appendix prepared without careful 

attention to Federal Circuit Rule 30 may be rejected when submitted and may 

result in dismissal. To expedite preparing the joint appendix, a cross-appellant 

will notify the appellant promptly on being served the appellant’s reply brief 

whether the cross-appellant will file a reply brief and, if so, whether it will refer 

to pages not referencedcited in the briefs already filed, listing any such pages. 

DISPENSING WITH THE APPENDIX. 

A motion to dispense with the appendix will be granted only in extraordinary 

circumstances. 

BRIEFS AND MEMORANDA. 

Briefs and memoranda presented to the trial court or agency may not ordinarily 

be included in their entirety in the appendix, but individual pages may be 

included when it is necessary to refer to them in the appellate briefs. 

TABLE OF CONTENTS OR INDEX. 

Parties are encouraged to include a table of contents or index in each volume of 

the appendix. 

TESTIMONY IN THE APPENDIX. 

To reduce bulk in the appendix, the use of condensed, columnar transcripts of 

testimony is encouraged. 
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Practice Notes to Rule 30 

APPENDIX VOLUMES. 

The limit of 400 sheets of paper per volume for appendix paper copies equates to 

800 pages per volume in the electronic version when the paper copies are printed 

double-sided. Parties should decide on a binding method in advance of electronic 

filing to ensure even smaller volumes will not be required. There is no minimum 

number of pages per volume, though the court discourages unnecessary 

subdivision. 
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FEDERAL CIRCUIT RULE 31 

Serving and Filing Briefs 

(a) Time for Service and Filing. 

(1) Brief of Appellant or Petitioner.

(A) In an appeal from a court, the appellant must serve and file its 

initialprincipal brief within sixty (60) days after docketing.

Docketing a cross appeal does not affect the time for serving 

and filing the appellant’s initial brief.

(B) In an appeal from an agency, the petitioner or appellant must 

serve and file its initialprincipal brief within sixty (60) days 

after the certified list or index is served pursuant to Federal 

Circuit Rule 17(c). 

(C) When two or more appellants or petitioners choose to proceed 

by filing a single brief, the initialthat brief must be served and 

filed no later than the latest date on which the initialprincipal

brief of any of thesethose appellants or petitioners is due.

(D) In consolidated cases in which more than one set of parties 

filed a notice of appeal or petition for review, the deadline for 

the principal brief of the appellant or petitioner is computed 

from the docketing date of the last-docketed case or the date of 

service of the last-served certified list or index. In consolidated 

cross-appeals, the deadline is computed from the docketing 

date of the first-docketed case or date of service of the firstserved certified list or index.

(2) Brief of Appellee or Cross-Appellant. The appellee or crossappellant must serve and file its initialprincipal brief within forty 

(40) days after the appellant’s brief is served or the certified list or 

index is served, whichever is later. 

(3) Cross-Appeal. In a cross-appeal, the following apply: 

(A) the appellant must serve and file its response and reply brief 

within forty (40) days after the cross-appellant’s principal and 

response brief is served; and 
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(B) the cross-appellant must serve and file its reply brief within 

twenty-one (21) days after the appellant’s response and reply 

brief is served. 

(4) Single Brief Responding to Multiple Parties. A single brief that 

responds to the briefs of multiple parties must be served and filed 

within the time prescribed after service of the last of thesethose

briefs or, if no such. If one party timely files its brief isand another 

party fails to filed, afterthen the time expires for filingdeadline for 

any responsive brief will be calculated from the last of thesedate of 

service of the filed brief or the date the unfiled briefs was due, 

whichever is later. 

(b) Number of Copies. 

Six (6) paper copies of each brief, or three (3) paper copies if filing an 

informal brief, shallmust be provided to the court in accordance with 

Federal Circuit Rule 25(c). 

(c) Certain Motions Suspend the Due Date of the Next Briefing 

Schedule.

When a motion is filed that, if granted, would terminate thean appeal, 

cross-appeal, or consolidated appeal, the time to serve and file the next 

briefing dueschedule is suspended. This suspension does not apply to an 

appellant’s principal brief if the motion would only terminate a crossappeal. If the motion is denied, the next brief becomes due, unless the court 

orders otherwise, within the balance of the time remaining under this rule 

when the motion was filed, but not fewer than fourteen (14) days from the 

date of the order. 

(d) Consequence of Failure to File a Brief by Appellant or Petitioner. 

If the appellant or petitioner fails to file an initialprincipal brief, the clerk 

of court is authorized to dismiss the case. 
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(e) Informal Brief; Time for Filing; Number of Copies. 

(1) Brief of Appellant or Petitioner.

(A) In an appeal from a court, an pro seunrepresented appellant 

filing an informal brief must serve and file the brief within 

twenty-one (21) days after the appeal is docketed. 

(B) In a petition for review or an appeal from an agency, board, 

commission, or arbitrator, an pro seunrepresented petitioner 

or appellant filing an informal brief must serve and file the 

brief within twenty-one (21) days after the certified list or 

index is served pursuant to Federal Circuit Rule 17(c) or 

within 21 days after docketing, whichever is later. 

(2) Brief of Appellee or Respondent. An appellee or respondent filing 

an informal brief must serve and file the brief within twenty-one (21)

days after the petitioner’s or appellant’s brief is served or within 

twenty-one (21) days after the certified list or index is served 

pursuant to Federal Circuit Rule 17(c), whichever is later. 

(3) Reply Brief. When an informal brief is used, any reply brief must 

be served and filed within fourteen (14) days after the respondent’s 

or appellee’s brief is served.

(4) Number of Copies. Three paper copies of each informal brief must 

be filed with the court and one copy must be served on each party.
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Practice Notes to Rule 31 

CONSOLIDATED APPEALS. 

In consolidated appeals in which more than one appellant filed a notice of appeal, 

the opening brief of all appellants will be governed by the docketing date of the 

last filed appeal. 

CONSOLIDATED CROSS APPEALS. 

In consolidated cross appeals, the briefing schedule is computed according to the 

docketing date of the first appeal. 
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FEDERAL CIRCUIT RULE 32 

Form of Briefs, Appendices, and Other Papers; Length 

(a) Nonconforming BriefCover. 

The clerk of court may require corrections to any brief that has not been 

prepared in conformity with Federal Rule of Appellate Procedure 32; as to 

word count, an appellant’s and appellee’s opening brief is acceptable if it 

contains no more than 14,000 words or uses a monospaced face and 

contains no more than 1,300 lines of text, and an appellant’s reply brief is 

acceptable if it contains no more than 7,000 wordsWhenever a document is 

filed with a cover, that cover must contain the official caption provided by 

the clerk of court, unless noted otherwise in these rules. See Federal 

Circuit Rule 12(b) and Federal Circuit Rule 15(b)(4). This caption satisfies 

the requirement under Federal Rule of Appellate Procedure 32(a)(2)(C). 

“Nonconfidential” or “public” may not appear on the cover or first page of 

any filing unless there is a corresponding confidential version. 

(b) Exclusion from Type-Volume Limitations. 

(1) Brief Word or Line Limitation. A principal brief may exceed 

thirty (30) pages in length if it contains no more than 14,000 words, 

or 1,300 lines of text if using a monospaced typeface. A reply brief 

may exceed fifteen (15) pages in length if it contains no more than 

7,000 words, or 650 lines of text if using a monospaced typeface. 

(2) Exclusions. In addition to the items listed in Federal Rule of 

Appellate Procedure 32(f) that are not counted in the type-volume 

limitations of Federal Rule of Appellate Procedure 32(a)(7)(B)these 

rules, the following items do not count toward thatthose limitations: 

(1A) the certificate of interest; 

(2B) the statement of related cases; and

(3C) theany addendum in an initial brief of an appellant or 

petitioner.; 

(D) any requirements under Federal Circuit Rule 25.1(e); and 

(E) statement of counsel for a petition for hearing or rehearing en 

banc under Federal Circuit Rule 35(b). 
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(3) Certificate of Compliance for Briefs. Each brief exceeding the 

page limitation under Federal Rule of Appellate Procedure 

32(a)(7)(A) or Federal Circuit Rule 28.1(a) must include a certificate 

of compliance with the type-volume limitation that adheres to the 

requirements in Federal Rule of Appellate Procedure 32(g). It is the 

responsibility of the filing party to ensure that the certificate of 

compliance is accurate.

(c) Informal Brief. 

An informal brief must be prepared on a form provided by the clerk of 

court. The form contains instructions for preparing and filing an informal 

brief. An informal brief should be typewritten, but block printing or, as a 

last resort, legible handwriting is permitted. An informal brief including 

continuation pages must not exceed thirty (30) pages of typewritten doublespaced text or its equivalent. The paper informal briefs may be secured by a 

single staple in the left-hand corner in lieu of any other form of binding 

required by Federal Circuit Rule 32(h).

(d) Form of Appendix or Addendum. 

Pages in an appendix even when filing a combined brief and appendix

may be printed on both sides. To the extent possible, the court encourages

thisThe court encourages the double-sided printing of the pages of the 

appendix, an appendix combined with a brief, and an addendum. 

(e) Filing Corresponding Brief on Compact DiscPagination. 

In addition to the filing of a paper brief, a party may file a corresponding 

brief contained on a compact disc read only memory (CD ROM), subject to 

the following requirementsSubmissions to the court over two (2) pages 

must include page numbers. The page number must be centered at the 

bottom of the page and need not be included on a cover page.
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(1) Consent; Motion. Within 14 days of docketing an appeal, a party 

intending to file a corresponding brief must ascertain whether any 

other party consents or objects. If the other parties consent, the filing 

party must promptly file with the court a notice of intent to file a 

corresponding brief. If any other party does not consent, the party 

seeking to file a corresponding brief must promptly file a motion for 

leave with the court. If no response is filed within seven days, the 

clerk will grant the motion for leave to file a corresponding brief. The 

court will deny a motion for leave to file a corresponding brief only if 

an opposing party demonstrates substantial prejudice. 

(2) Content. A corresponding brief must be identical in content to the 

paper brief. A corresponding brief may provide hypertext links to the 

complete versions of material that was part of the record below. 

Hypertext links to other material must be confined to materials such 

as cases, statutes, treatises, law review articles, and similar 

authorities. A corresponding brief must be self contained and static. 

(3) Statement Concerning Instructions and Viruses. A 

corresponding brief must be accompanied by a statement, preferably 

within or attached to the packaging, that: 

(A) sets forth the instructions for viewing the brief and the 

minimum equipment required for viewing; and 

(B) verifies the absence of computer viruses and lists the software 

used to ensure that the brief is virus free. 

(4) Time for Filing. A corresponding brief, if any, must be filed no later 

than the time for filing the joint appendix. 

(5) Filing and Service. Except for the time of filing, a corresponding 

brief must be filed and served in the same manner and the same 

number of copies as the paper brief. 

(6) Single CD ROM. All parties to an appeal who intend to file a 

corresponding CD ROM brief are encouraged to cooperate in placing 

all such briefs on a single CD ROM. 
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FEDERAL CIRCUIT RULE 32 

(7) Table of Contents. Parties filing a corresponding brief are 

encouraged to include a table of contents with links to all of the 

items required in a joint appendix under Federal Rule of Appellate 

Procedure 30 and Federal Circuit Rule 30 and to all other parts of 

the record contained on the corresponding brief. 

(8) Labeling. A label with the caption of the case, the number of the 

case, and the types of briefs included on the CD ROM must be 

included on both the packaging and the CD ROM.

(f) Page Proof. 

Page proof copies of documents must not be filed with the court. 

(g) Signature Authority; Multiple Signatures. 

(1) Appearance Prerequisites. After a case is docketed, documents 

filed in that case on behalf of a represented party can only be signed 

by an attorney who has filed an entry of appearance for that party. 

(2) Signature Authority. Any person having actual authority may sign 

a document on behalf of counsel or an unrepresented party who is 

unavailable to sign or incapable of signing, provided the filing also 

includes as an attachment an affidavit of authority or an unsworn 

declaration of authority under penalty of perjury pursuant to 28 

U.S.C. § 1746. 

(3) Documents Requiring Multiple Signatures. Any document 

requiring the signature of more than one party or individual must 

include the signature of the filer and account for all other signatures 

in either one or a combination of the following fashions: 

(A) The document may contain the handwritten signatures of the 

other parties or individuals. 

(B) The document may contain the electronic signatures of the 

other parties or individuals with their consent and must so 

state that consent.
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(C) The document may identify the other parties or individuals 

required to sign, and those parties or individuals must file a 

notice endorsing the signature within three (3) business days 

after filing. 

(h) Binding. 

Paper copies of briefs and appendices must be securely bound along the left 

margin to ensure that the bound copies will not loosen or fall apart and 

that the brief will lie reasonably flat when open. 

(i) Extraneous Markings. 

Parties must not include any highlighting or extraneous markings within 

either the briefs or the appendix beyond confidentiality notations required 

by these rules or markings that originally appeared on appendix materials 

in the record below. 
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Practice Notes to Rule 32 

PREFERRED COVER CONTENT. 

In addition to the requirements of Federal Rule of Appellate Procedure 

32(a)(2)(D), the court encourages inclusion on the cover of the name of the judge, 

when applicable, from whose judgment appeal is taken. 

PREFERRED BINDING. 

The court prefers that a brief be securely bound along the left margin to ensure 

that the bound copy will not loosen or fall apart; that a brief lie flat when open; 

that a ring type binding, plastic or metal, or a binding that protrudes from the 

front and back covers not be used; and that any externally positioned staple be 

covered with tape. 

PRINT SIZE OF BRIEFS. 

CounselParties should avoid photo-reproduction that reduces the print size of the 

original smaller than the size required by Federal Rule of Appellate Procedure 32. 

FOOTNOTES. 

The typeface requirements of Federal Rule of Appellate Procedure 32(a)(5) apply 

to all text in the brief, including footnotes. 

BRIEF COVERS IN CROSS APPEALS. 

The color of the cover of the cross appellant’s principal brief is red. The color of 

the covers of appellant’s reply brief is yellow and cross appellant’s reply brief is 

gray. 

COPIES OF PATENT DOCUMENTS. 

Oversize patent documents reproduced in a brief or appendix should be photoreduced to 8 1/2 by 11 inches if readability can be maintained; otherwise, they 

should be folded and bound so they do not protrude from the covers of the brief or 

appendix. 
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Practice Notes to Rule 32 

ERRATA; CORRECTIONS TO BE MADE BY COUNSEL OR A PARTY. 

A brief may not be corrected merely by appending an errata sheet. Corrections, 

which must be limited to nonsubstantive matters, must be made by counsel or a 

party using suitable means directly in the paper briefs in the clerk’s office. As a 

last resort, briefs may be replaced. Corrected or replacement briefs must also be 

submitted through CM/ECF. The time to file a brief in response to a corrected or 

replaced brief runs from service of the original brief. A corrected or replacement 

brief should so indicate on the cover. Counsel or a party must file a “Notice of 

Correction” with the court through CM/ECF and serve any unrepresented party 

with a paper copy, specifically delineating each correction. Any pro se party filing 

a corrected brief must file and original and three paper copies of the corrected 

brief. Any individual making corrections to the paper briefs in the clerk’s office 

must provide written authorization and present proper photo identification. 

TESTIMONY IN THE APPENDIX. 

To reduce bulk in the appendix, the use of condensed, columnar transcripts of 

testimony is encouraged. 

CERTIFICATE OF COMPLIANCE. 

Federal Rule of Appellate Procedure 32(g) states that the use of Federal Rules of 

Appellate Procedure Form 6 is sufficient to satisfy the requirements of Rule 32(g). 

That form is reproduced asUsing Federal Circuit Form 19 satisfies the 

requirements for a certificate of compliance with type-volume limitations under 

Federal Rule of Appellate Procedure 32(g)(1) and Federal Circuit Rule 32(b)(3). 

Parties are reminded that some software programs do not automatically include 

footnotes. When certain text is marked for word count or line count purposes, a 

party may need to separately mark text in footnotes and include those words or 

lines in the certified count. It is the responsibility of the filing party to ensure 

that its certificate of compliance is accurate.
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Practice Notes to Rule 32 

FILINGS IN COMPANION CASES. 

Except when otherwise ordered, all filings in companion cases must be made in 

each individual case with the individual case numbers and case captions included 

on each respective case-specific filing. Unless otherwise directed, required paper 

copies must be submitted in each respective case. 
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FEDERAL CIRCUIT RULE 32.1 

Citing Judicial Dispositions 

(a) Nonprecedential Disposition of Appeal, Motion, or Petition. 

Disposition of an appeal may be announced in an opinion; disposition of a 

motion or petition may be announced in an order. An appeal may also be 

disposed of in a judgment of affirmance without opinion pursuant to 

Federal Circuit Rule 36. A nonprecedential disposition shallmust bear a 

legend designating it as nonprecedential. A precedential disposition 

shallwill bear no legend. 

(b) Nonprecedential Opinion or Order. 

An opinion or order which is designated as nonprecedential is one 

determined by the panel issuing it as not adding significantly to the body of 

law. 

(c) Parties’ Citation of Nonprecedential Dispositions. 

Parties are not prohibited or restricted from citing nonprecedential 

dispositions issued after January 1, 2007. This rule does not preclude 

assertion of claim preclusion, issue preclusion, judicial estoppel, law of the 

case, and the like based on a nonprecedential disposition issued before that 

date. 

(d) Court’s Consideration of Nonprecedential or Unpublished 

Dispositions. 

The court may refer to a nonprecedential or unpublished disposition in an 

opinion or order and may look to a nonprecedential or unpublished

disposition for guidance or persuasive reasoning, but will not give one of its 

own nonprecedential dispositions the effect of binding precedent. The court 

will not consider nonprecedential or unpublished dispositions of another 

court as binding precedent of that court unless the rules of that court so 

provide. 
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FEDERAL CIRCUIT RULE 32.1 

(e) Request to Make an Opinion or Order Precedential; Time for 

Filing. 

Within sixty (60) days after anythe court issues a nonprecedential opinion 

or order is issued, any person may request, with accompanying 

reasons,through motion filed in the case that the opinion or order be 

reissued as precedential. An original and six paper copies of the request 

must be filed with the court unless the request is made by an electronic 

filer. All electronic filers must file documents through CM/ECF in 

accordance with Federal Circuit Rule 25(a)(2). The request will be 

considered by the panel that rendered the disposition. The requestermotion

must notify the court and the parties ofidentify any case that person knows 

to be pending that would be determined or affected by reissuance as 

precedential. Parties to pending cases who havehaving a stake in the 

outcome of a decision to make precedentialon the motion must be given an 

opportunity to respond. If the request is granted, the opinion or order may 

be revised as appropriate. 

(f) Public Records. 

All dispositions by the court in any form will be in writing and are public 

records. 
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Practice Notes to Rule 32.1 

FILING AN OPINION. 

An opinion is issued when ready. No particular day of the week is considered a 

“down day.” An opinion is not issued on a holiday, as defined in Federal Rule of 

Appellate Procedure 26 and Federal Circuit Rule 26. The judgment is entered on 

the day the opinion is filed with the clerk of court and transmitted to the parties. 

AVAILABILITY OF AN OPINION. 

The court’s precedential and nonprecedential opinions are available in a variety of 

commercially available print and electronic media, as well as online through the 

court’s website and the U.S. Government Publishing Office’s website. 

SUBSCRIPTIONS. 

Subscriptions to daily opinions and other items are not available fromthrough the 

court’s, but are available from several commercial sourceswebsite at 

http://www.cafc.uscourts.gov/email-subscriptions. 

INFORMATION ABOUT AN OPINION. 

Information about decisions rendered, opinions issued, and actions taken on 

petitions for rehearing is posted daily on the court’s website, 

www.cafc.uscourts.gov. The court’s opinions, rules, and other information are also 

available on the Federal Circuit website. 

REQUEST TO MAKE AN OPINION OR ORDER PRECEDENTIAL. 

It is improper to refer in a brief to a request to make an opinion or order 

precedential before the request has been acted on. The opinion or order that is 

subject to the request remains nonprecedential unless and until the court grants 

the request.
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FEDERAL CIRCUIT RULE 33 

Appeal Conferences 

(a) Settlement Discussion; Joint Statement of Compliance or 

Agreement to Dismiss. 

(1) Timing. When all the parties are represented by counsel, within 

seven (7) days after the first two briefs in an appeal or the first three 

briefs in a cross-appeal are served and filed, the parties through 

counsel must discuss settlement in appeals under 28 U.S.C. 

§§ 1292(c)(1)-(2); 1295(a)(1); 1295(a)(4)(A) [with respect to patent 

interferences only]; 1295(a)(4)-(B) [with respect to inter partes 

proceedings only]; 1295(a)(4)(C) [with respect to civil actions under 

35 U.S.C. § 146 only]; and 1295(a)(6). 

(2) Compliance. No later than the time for filing a separatethe

appendix under Federal Circuit Rule 30(a)(42), the parties must file 

one copy of either of the following (select only one): 

(A) a joint statement of compliance with this rule indicating that 

settlement discussions have been conducted; or 

(B) an agreement that the proceeding be dismissed under Federal 

Rule of Appellate Procedure 42(b).

(b) Other Settlement Discussions. 

This rule does not preclude the parties from discussing settlement or 

agreeing to dismiss the proceedings at other times, including after oral 

argument but before decision. 
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FEDERAL CIRCUIT RULE 33.1 

Mediation Guidelines 

(a) Guidelines. 

The court may adopt mediation guidelines with respect to mediation of the 

cases pending before the court. These guidelines shall beare binding on the 

parties. 

(b) Docketing Statement. 

Filing a docketing statement under the court’s mediation guidelines 

satisfies the requirement for an appellant to file a statement of the issues 

under Federal Rule of Appellate Procedure 10(b)(3)(A). 
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FEDERAL CIRCUIT RULE 34 

Oral Argument 

(a) Reply Brief Instead of Oral Argument. 

If an appeal is not called for oral argument and the appellant declined to 

file a reply brief in anticipation of replying during oral argument, the 

appellant may file a reply brief within fourteen (14) days after the notice 

that the appeal will be submitted on the briefs. 

(b) Time Allowed. 

The time allowed each side for oral argument will be determined by the 

court. The clerk of court will advise counselthe parties of the time allotted. 

A party is not obliged to use all the time allowed. The court may terminate 

the argument if it deems further argument unnecessary. 

(c) Visual Aids. 

(1) Visual Aids Used at a Trial or Administrative Hearing; 

Notice. If counsela party intends to usedisplay at oral argument a 

visual aid used at a trial or administrative hearing, counselthe party

must advise the clerk through CM/ECFcourt by letter no later than 

fourteen (14) days before argument of the proposed visual aid. 

(2) Visual Aids Not Used at a Trial or Administrative Hearing; 

Notice. If counsela party intends to usedisplay at oral argument a 

visual aid that was not used at a trial or administrative hearing, 

counselthe party must give notice to opposing counsel and notify the 

clerk of court by letter through CM/ECF no later than twenty-one 

(21) days before the oral argument. 

(3) Objection to the Use of Visual Aids. An objection to the proposed 

use of a visual aid at oral argument must be submitted through 

CM/ECF as a letter and filed no later than seven (7) days before the 

oral argument. If a party objects, the parties’ submissions will be 

treated as a motion and response and will be referred to the panel. 
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FEDERAL CIRCUIT RULE 34 

(4) Scope. Presentation programs or projection equipment may not be 

utilized during argument without leave of the court. A motion for 

leave must be filed no later than twenty-one (21) days before 

argument. This rule does not preclude use of a chalkboard or 

equivalent during oral argumentsupplied by the party. 

(5) Disposition. The clerk of court may dispose of visual aids not 

removed by the parties. 

(d) Scheduling Conflicts. 

(1) Notice from the Clerk. In cases to be scheduled for oral argument, 

the clerk of court will issue a notice to the parties following the end 

of briefing to request scheduling conflict information from counsel. 

(2) Requirement to Notify of Conflicts. Within seven (7) days after 

the clerk of court issues a notice, the parties must notify the court in 

writing of any scheduling conflicts. Until the case is scheduled for 

argument or submitted or resolved without argument, counsel has a 

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. 

(3) Good Cause Requirement. Arguing counsel must show good cause 

for each identified scheduling conflict; conflicts that do not provide 

sufficient showing of good cause will not be considered. If arguing 

counsel fails to show good cause for a scheduling conflict in advance 

of scheduling and the court schedules the case on a day arguing 

counsel is unavailable, then the case will not be rescheduled absent a 

showing of compelling reason and leave of court. 

(e) Arguing Counsel. 

(1) Notice of Oral Argument. The clerk of court will notify parties 

when a case has been scheduled for argument. Arguing counsel must 

respond to the notice of oral argument on the form prescribed by the 

clerk of court within the time requested by the clerk of court. 
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FEDERAL CIRCUIT RULE 34 

(2) Limitation on the Number of Arguing Counsel. Absent leave of 

court requested at least seven (7) days before argument, no more 

than two counsel may argue on behalf of each side and no more than 

one counsel may argue on behalf of each party. 
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Practice Notes to Rule 34 

SCHEDULING CONFLICTS. 

Counsel should not submit any scheduling conflicts before receiving the notice 

from the clerk of court. In responding to the notice, counsel are advised that the 

unavailability of a client or non-arguing co-counsel is an insufficient basis for 

showing good cause. 

COURT SESSIONS; HEARING DATE. 

Sessions of the court will be held as announced by the court. Sessions are held 

regularly in Washington, DC, but the court may sit elsewhere pursuant to 

Federal Circuit Rule 47.1. Appeals are usually calendared for oral argument or 

submission without argument within 2 months after the briefs and joint appendix 

are filedThe Notice of Oral Argument is usually issued within four (4) months 

after all briefs and the appendix are filed. Counsel are advised of the 

firmscheduled date of hearing approximately 30 dayssix (6) weeks before the 

session. Once scheduled, a case will not be postponed except on motion showing 

compelling reasons. The clerk’s office will issue a Notice of Docket Activity 

(NDA) when a case is fully briefed. Counsel should advise the clerk of court in 

writing within 7 days of such NDA of scheduling conflicts for the next three court 

weeks, or thereafter as soon as such conflicts are known, and should not wait 

until an actual conflict arises. Counsel requiring a courtroom accessible to the 

disabled, if oral argument is scheduled, should notify the clerk of court of this 

requirement when counsel files the entry of appearance. Counsel may elect to 

submit on the briefs to avoid delay in disposition or for any other reason.

ACCESSIBILITY ACCOMMODATIONS. 

A party or counsel of record requiring a communication-based disability 

accommodation should notify the clerk of court at least two (2) weeks before the 

scheduled hearing. A party requiring a mobility-based disability accommodation 

should notify the clerk of court at the time of filing the notice of scheduling 

conflicts. Additional information about accessibility accommodations is available 

on the court’s website, www.cafc.uscourts.gov. 
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133 

Practice Notes to Rule 34 

ORAL ARGUMENT. 

Counsel must report to the clerk’s office at least thirty (30) minutes before the 

scheduled session and before proceeding to the courtroom. The members of the 

panel will have read the briefs before oral argument. Counsel should, therefore, 

emphasize the dispositive issue or issues. Time allotted for oral argument is 

ordinarily fifteen (15) minutes per side (not per party or attorney), although the 

court may vary this depending on the nature of the case. The court may extend 

the allotted time during the argument, or it may terminate the argument, if it 

deems it appropriate. 

JUSTIFICATION FOR CLAIM OF CONFIDENTIALITY. 

Unnecessarily designating material in the briefs and appendix as confidential 

may hinder the court’s preparation and issuance of opinions. Counsel must be 

prepared to justify at oral argument any claim of confidentiality. 

CONDUCT OF ORAL ARGUMENT. 

Guidelines for the conduct of oral argument are available on the court’s website, 

www.cafc.uscourts.gov, and should be viewed once a case is assigned for 

argumentin the Clerk’s Office’s Guide for Oral Argument. 

COPIES OF RECORDINGS AVAILABLE. 

Oral arguments are recorded for the convenience of the court. Recordings are 

available on the court’s website, www.cafc.uscourts.gov, free of charge. The court 

does not provide or produce transcripts of oral argument or recommend 

transcription services.

OPEN TO PUBLIC. 

Unless held in camera, oral arguments are open to the public. Those in 

attendance whose attire or behavior reflects adversely on the dignity of the 

proceedings will be asked to leave. 
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Practice Notes to Rule 34 

ORAL ARGUMENT ON MOTIONS. 

Oral argument is ordinarily not granted on motions. See Federal Rule of 

Appellate Procedure 27(e). 

INTRODUCING NEW AUTHORITY AT ARGUMENT. 

A party seeking to raise new authority at argument that was not previously 

submitted to the court should provide a copy of the new authority to the opposing 

party in advance of argument. 

USE OF VISUAL AIDS. 

The court discourages the use of visual aids or presentations during argument.

FORMS 

Using Federal Circuit Form 32 satisfies the requirements for responding to the 

clerk of court’s notice to advise of scheduling conflicts and for ongoing advising of 

schedule conflict changes under Federal Circuit Rule 34(d). Using Federal Circuit 

Form 33 satisfies the requirements for responding to the clerk of court’s notice of 

oral argument under Federal Circuit Rule 34(e). 
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FEDERAL CIRCUIT RULE 35 

En Banc Determination 

(a) General. 

(1) Arguing to a Panel to Overrule a Precedent. Although only the 

court en banc may overrule a binding precedent, a party may argue, 

in its brief and oral argument, to overrule a binding precedent 

without petitioning for hearing en banc. The panel will decide 

whether to ask the regular active judges in regular active service to 

consider hearing the case en banc. 

(2) Frivolous Petition. A petition for hearing or rehearing en banc 

that does not meet the standards of Federal Rule of Appellate 

Procedure 35(a) may be deemed frivolous and subject to sanctions

may be imposed. 

(b) Statement of Counsel. 

(1) Petition for Hearing En Banc. A petition that an appeal be 

initially heard en banc must contain the following statement of, and 

separately signed by, counsel at the beginning: 

Based on my professional judgment, I believe this appeal requires 

an answer to one or more precedent-setting questions of 

exceptional importance: (set forth each question in a separate 

sentence).

/s/ __________________ 

ATTORNEY OF RECORD FOR _________________

(2) Petition for Rehearing En Banc. A petition that an appeal be 

reheard en banc must contain one or both of the following statements 

of, and separately signed by, counsel at the beginning: 

Based on my professional judgment, I believe the panel decision is 

contrary to the following decision(s) of the Supreme Court of the 

United States or the precedent(s) of this court: (cite specific 

decisions). 

Based on my professional judgment, I believe this appeal requires 

an answer to one or more precedent-setting questions of 
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FEDERAL CIRCUIT RULE 35 

exceptional importance: (set forth each question in a separate 

sentence).

/s/ __________________ 

ATTORNEY OF RECORD FOR __________________

(c) Petition for Hearing or Rehearing En Banc; Response. 

(1) Certificate of Interest. A certificate of interest (see Federal Circuit 

Rule 47.4) must be included in a petition for a hearing or rehearing 

en banc or a response to such a petition. The certificate must appear 

immediately following the cover.

(2) Items Excluded from Page or Word Limitation. The following 

items do not count against the page or word limitation in Federal 

Rule of Appellate Procedure 35(b)(2): 

(A) the certificate of interest; 

(B) the table of contents; 

(C) the table of citations; and 

(D) any addendum containing statutes, rules, regulations, and 

similar matters. 

(3) Rehearing En Banc: Copy of Opinion or Judgment. A petition 

for a rehearing must include a copy of the opinion or the judgment of 

affirmance without opinion. The copy must be bound with the 

petition as an addendum.

(4) Number of Copies. 

If only nonconfidential copies are filed, in addition to the copy filed through 

CM/ECF, eEighteen (18) paper copies of any petition for hearing or 

rehearing en banc, combined petition, or related response must be filed 

with the court in accordance with Federal Circuit Rule 25(c)(1). If 

confidential and nonconfidential copies are filed, in addition to the copies 

filed through CM/ECF, eighteen copies of the confidential petition and 

three copies of the nonconfidential petition must be filed with the court. 
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FEDERAL CIRCUIT RULE 35 

Two copies of the confidential petition must be served on each party 

separately represented.

(d) Combined Petition for Panel Rehearing and Rehearing En Banc. 

If a party chooses to file both a petition for panel rehearing, seeunder

Federal Circuit Rule 40, and a petition for a rehearing en banc, then the 

two must not be filed separately and they must be combined. A combined 

petition for panel rehearing and rehearing en banc must comply with 

Federal Circuit Rule 35(c). The cover of a combined petition must indicate 

that it is a combined petition. 

(e) Contents of Petition for Hearing En Banc, Petition for Rehearing 

En Banc, and Combined Petition; Response. 

(1) Petition for Hearing En BancRequired Contents. The 

preferredrequired contents and organization for a petition for a 

hearing en banc, petition for rehearing en banc, and combined 

petition are as follows: 

(A) a white cover or first sheet with the informationas prescribed 

in Federal Rule of Appellate Procedure 32(ac)(2)(A); 

(B) the certificate of interest (seeunder Federal Circuit Rule 47.4), 

which must appear immediately after the front page; 

(C) the table of contents; 

(D) the table of authorities; 

(E) the statement of counsel required inunder Federal Circuit 

Rule 35(b);

(F) if filing a combined petition, the points of law or fact the filer 

believes the court has overlooked or misapprehended as 

required under Federal Rule of Appellate Procedure 40(a)(2);

(FG) the argument; and 

(G) the proof of service (see Federal Rule of Appellate Procedure 

25(d)). 
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FEDERAL CIRCUIT RULE 35 

(H) if filing a petition for rehearing en banc or combined petition, 

a copy of this court’s dispositive order, opinion, or judgment of 

affirmance without opinion attached as an addendum; and 

(I) a certificate of compliance that adheres to Federal Rule of 

Appellate Procedure 32(g).

(2) Petition for Rehearing En Banc. The preferred contents and 

organization for a petition for a rehearing en banc are: 

(A) white cover or first sheet with the information prescribed in 

Federal Rule of Appellate Procedure 32(a)(2); 

(B) the certificate of interest (see Federal Circuit Rule 47.4); 

(C) the table of contents; 

(D) the table of authorities; 

(E) the statement of counsel required in Federal Circuit Rule 

35(b); 

(F) the argument; 

(G) the addendum containing a copy of the court’s opinion or 

judgment of affirmance without opinion sought to be reheard; 

and 

(H) the proof of service (see Federal Rule of Appellate Procedure 

25(d)). 

(3) Combined Petition for Panel Rehearing and Rehearing En 

Banc. The preferred contents and organization for a combined 

petition for panel rehearing and a rehearing en banc are: 

(A) white cover or first sheet with the information prescribed in 

Federal Rule of Appellate Procedure 32(a)(2); 

(B) the certificate of interest (see Federal Circuit Rule 47.4); 

(C) the table of contents; 

(D) the table of authorities; 
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FEDERAL CIRCUIT RULE 35 

(E) the statement of counsel required in Federal Circuit Rule 

35(b); 

(F) the points of law or fact overlooked or misapprehended by the 

panel of the court; 

(G) the argument in support of a rehearing; 

(H) the argument in support of rehearing en banc; 

(I) the addendum containing a copy of the court’s opinion or 

judgment of affirmance without opinion sought to be reheard; 

and 

(J) the proof of service (see Federal Rule of Appellate Procedure 

25(d)). 

(4) Response. If the court requests a response, which must not exceed 

3,900 words if produced using a computerprepared electronically or 

fifteen (15) pages if handwritten or typewrittenotherwise, the 

preferredrequired contents and organization are as follows: 

(A) a white cover or first sheet with the informationas prescribed 

in Federal Rule of Appellate Procedure 32(ac)(2)(A); 

(B) the certificate of interest (seeunder Federal Circuit Rule 47.4), 

which must appear immediately after the front page; 

(C) the table of contents; 

(D) the table of authorities; 

(E) the argument against a rehearing, rehearing en banc, or 

bothin response; and

(F) the proof of service (see Federal Rule of Appellate Procedure 

25(d)).any addendum under Federal Circuit Rule 35(i); and 

(G) a certificate of compliance that adheres to Federal Rule of 

Appellate Procedure 32(g).
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FEDERAL CIRCUIT RULE 35 

(f) Additional Copies of Briefs in Cases to be Heard or Reheard En 

Banc. 

Within 7 days after the order granting a rehearing en banc, counsel must 

file 30 pPaper setscopies of theall briefs and appendices that were before 

the panel that initially heard the appeal, as well as any briefs and 

appendices ordered by the court during en banc consideration, must be 

provided to the court in accordance with Federal Circuit Rule 25(c), unless 

the court directs otherwise. 

(g) Amicus Curiae Brief. 

In addition to the content requirements under Federal Rule of Appellate 

Procedure 29(b)(4), the following apply to amicus curiae briefs filed during 

the court’s consideration of whether to grant a petition for hearing en banc, 

petition for rehearing en banc, or combined petition for panel rehearing and 

rehearing en banc, Eexcept as otherwise permitted or directed by the 

court’s permission or direction, an amicus curiae. 

(1) Leave. The brief submitted in connection with a petition for hearing 

en banc, a petition for rehearing en banc, or a combined petition for 

panel rehearing and rehearing en banc, must be accompanied by a 

motion for leave and must not exceed 2,600 words if produced using 

a computer or 10 pages if handwritten or typewrittento file.

(2) Timeliness. Except by the court’s permission or direction, aAny 

brief amicus curiae or anyand motion for leave to file a brief amicus 

curiae must be filed within fourteen (14) days ofafter the date of the 

filing of the petition or response that the amicus curiae supports. If 

the amicus curiae does not support either party, then the brief orand

motion for leave to file the brief must be filed within fourteen (14)

days ofafter the date of the filing of the petition.

(3) Type-Volume Limitation. The brief must not exceed 2,600 words if 

prepared electronically or ten (10) pages otherwise. 

(4) Number of Copies. Eighteen (18) paper copies of the brief must be 

provided to the court in accordance with Federal Circuit Rule 25(c).
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141 

FEDERAL CIRCUIT RULE 35 

(h) Informal En Banc Petition; Response. 

(1) Informal Petition. An unrepresented party may file three (3) 

copies of an informal petition for hearing en banc, petition for 

rehearing en banc, or combined petition for panel rehearing and 

rehearing en banc in letter form not to exceed fifteen (15) 

typewritten double-spaced pages, attaching to each a copy of the 

dispositive order, opinion, or judgment sought to be reheard, if 

applicable. 

(2) Informal Response. If the court requests a response to an informal 

petition for hearing en banc, informal petition for rehearing en banc, 

or informal combined petition for panel rehearing and rehearing en 

banc, or if the court requests an unrepresented party to respond to a 

formal petition, the response may be informal. The informal response 

may not exceed fifteen (15) typewritten double-spaced pages, and 

three (3) copies must be filed in accordance with Federal Circuit Rule 

25(c). 

(i) Addendum Contents.

(1) Court’s Decision. A copy of the dispositive order, opinion, or 

judgment of affirmance without opinion sought to be reheard must 

be bound with the petition as an addendum. 

(2) Reproduction of Statutes, Rules, Regulations, etc. If the court’s 

determination of the issues presented requires the study of statutes, 

rules, regulations, etc., the relevant parts must be set out in the 

petition or response, or in any addendum attached to the petition or 

response. 

(3) Other Material. Material not listed in subsections (1)-(2) above or 

permitted under Federal Rule of Appellate Procedure 32.1(b) may 

not be included as an addendum without leave of the court. 
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FEDERAL CIRCUIT RULE 35 

(j) Time.

A petition for rehearing en banc or combined petition for panel rehearing 

and rehearing en banc must be filed within the time prescribed for a 

petition for panel rehearing under Federal Circuit Rule 40(d). 
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143 

Practice Notes to Rule 35 

HEARING OR REHEARING EN BANC. 

The court may sua sponte order that an appeal be initially heard or be reheard en 

banc. The panel or a judge on the panel that is considering a case may at any time 

request the active judges of the court in regular active service to hear or rehear 

the case en banc with or without further briefs or argument by counsel. 

REHEARING EN BANC; SENIOR JUDGES. 

If a senior judge participated in the original hearing and disposition of a case for 

which rehearing en banc is granted, that senior judge may participate fully in the 

rehearing. 

COMBINED PETITION FOR PANEL REHEARING AND REHEARING EN 

BANC. 

When a combined petition for panel rehearing and petition for rehearing en banc 

is filed, the petition for panel rehearing is decided first in the same manner as a 

petition for panel rehearing without an accompanying petition for rehearing en 

banc. If the panel grants the requested relief, the petition for rehearing en banc is 

deemed moot. 

PETITION FOR REHEARING EN BANC REFERRED TO PANEL. 

A petition for rehearing en banc is presumed to request relief that can be granted 

by the panel that heard the appeal, and action on the petition for rehearing en 

banc will be deferred until the panel has an opportunity to grant the relief 

requested. 

TIMELINESS. 

A petition for hearing or rehearing en banc is filed when the court receives it, not 

on mailingthe date it was mailed. The clerk of court willmay return an untimely 

petition for hearing or rehearing en banc. 
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Practice Notes to Rule 35 

NONPRECEDENTIAL OPINIONS. 

A petition for rehearing en banc is rarely appropriate if the appeal was the 

subject of a nonprecedential opinion by the panel of judges that heard it. 

WRIT OF CERTIORARI. 

Filing a petition for a panel rehearing or for rehearing en banc is not a 

prerequisite to filing a petition for a writ of certiorari in the Supreme Court. 
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FEDERAL CIRCUIT RULE 36 

Entry of Judgment Judgment of Affirmance Without Opinion

(a) Judgment of Affirmance Without Opinion. 

The court may enter a judgment of affirmance without opinion, citing this 

rule, when it determines that any of the following conditions exist and an 

opinion would have no precedential value: 

(a1) the judgment, decision, or order of the trial court appealed from is 

based on findings that are not clearly erroneous; 

(b2) the evidence supporting the jury’s verdict is sufficient; 

(c3) the record supports summary judgment, directed verdict, or 

judgment on the pleadings; 

(d4) the decision of an administrative agency warrants affirmance under 

the standard of review in the statute authorizing the petition for 

review; or 

(e5) a judgment or decision has been entered without an error of law. 

(b) Separate Judgment. 

The clerk of court will not prepare a separate judgment when a case is 

disposed of by order without opinion. The order of the court serves as the 

judgment when entered. 
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Practice Note to Rule 36 

SEPARATE JUDGMENT NOT PREPARED IN CERTAIN INSTANCES. 

A separate judgment is not prepared when a case is dismissed on consent or on 

motion or for failure to prosecute. The order of dismissal serves as the judgment 

when entered. 
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FEDERAL CIRCUIT RULE 39 

Costs 

(a) Notice of Entitlement to Costs. 

When the clerk of court provides notice of judgment or order disposing of an 

appeal, the clerk of court must advise which party or parties are entitled to 

costs. Notice of entitlement to costs may be made in the judgment, in the 

order disposing of the appeal, or on the docket.

(b) Bill of Costs; Copies; Objection. 

A party must file the bill of costs on the form prescribed by the court. An 

objection to the bill of costs must not exceed 1,300 words if prepared using 

a computer or five (5) pages if handwritten or typewrittenotherwise. Any 

objection must include a certificate of compliance that adheres to Federal 

Rule of Appellate Procedure 32(g)(1).

(c) Rates. 

The clerk of court is authorized to set a maximum rate at which costs may 

be taxed. In setting the maximum rate, the clerk of court will evaluate the 

most economical means of printing, reproduction, and binding available in 

the Washington, D.C. metropolitan area. The maximum rates set will be 

posted on the court’s website and included as an attachment to the court’s 

published Federal Rules of Practice and Bill of Costs form. Costs are taxed 

at the maximum rate or at the actual cost, whichever is lower. Costs may 

not be taxed for more paper copies than those required by Federal Circuit 

Rule 25(c). 

(d) Taxable Costs. 

A motion for leave providing specific explanation and justification must 

accompany the bill of costs if costs for items not described in Federal Rule 

Appellate Procedure 39(c) are sought or if costs are sought at a rate higher 

than the allowable costs. 
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FEDERAL CIRCUIT RULE 39 

(e) Costs in Favor of Intervenors.

No costs will be taxed in favor of intervenors without leave of the court. 
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149 

Practice Notes to Rule 39 

COSTS WHEN THE UNITED STATES IS A PARTY. 

28 U.S.C. § 2412(a) authorizes costs to be taxed against the United States; thus, 

costs (as defined in 28 U.S.C. § 1920) may be awarded both for and against the 

United States in this court. 

LIMIT ON PRINTING COSTS. 

The costs taxable under Federal Rule of Appellate Procedure 39 are limited to the 

costs of preparing typewritten briefs (even if a party elects to have a brief printed) 

and of copying briefs and appendices. 

CURRENT RATES. 

The following rates are the current maximum allowable costs: $6.00 per page for 

the table of page numbers of designated materials, the originals of briefs, and the 

table of contents for the appendix (whether printed, typewritten, or word 

processed); $0.08 per page for copying and collating; and $2.00 per copy for covers 

and binding. 

ALLOWABLE COSTS. 

Costs may be billed for the number of copies of briefs and appendices required to 

be prepared by the court. The cost of service copies of the table or physical 

compilation of the designated materials may also be billed. Any other cost billed 

must be separately justified. The total billed for any item must be limited to the 

lesser of actual or allowable costs. Actual cost of briefs and appendices prepared 

in house includes word processing, copying, and binding, at the amount normally 

billed to a client for these services. The United States may assume its actual costs 

are the allowable costs. The costs of correcting a nonconforming brief or appendix 

are not taxable. Counsel are urged to stipulate to costs. 

PAYMENT OF COSTS TAXED. 

Pay the party or parties in whose favor costs are taxed by check sent to counsel 

for the party or to the party if the party appeared pro seis unrepresented. Do not 

involve tThe court is not involved in collection matters. 
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Practice Notes to Rule 39 

DOCKETING FEE AND COSTS IN A CASE INVOLVING A CLAIM UNDER 

THE UNIFORMED SERVICES EMPLOYMENT AND REEMPLOYMENT 

RIGHTS ACT OF 1994. 

No costs are taxed, and the docketing fee does not have to be paid, in a petition for 

review of a decision of the Merits Systems Protection Board if the underlying 

appeal involved a claim under the Uniformed Services Employment and 

Reemployment Rights Act of 1994 (USERRA)). 38 U.S.C. §§ 4323, 4324. The 

petitioner must complete Federal Circuit Form 6B to inform the court that the 

case involves a claim under USERRA. 

FORM FOR BILL OF COSTS. 

Using Federal Circuit Form 24 satisfies the Bill of Costs form requirements under 

Federal Circuit Rule 39(b).
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FEDERAL CIRCUIT RULE 40 

Petition for Panel Rehearing 

(a) Contents of Petition for Panel Rehearing. 

The preferredrequired contents and organization for a petition for panel 

rehearing are as follows: 

(1) a white cover or first page with the informationas prescribed in 

Federal Rule of Appellate Procedure 32(ac)(2)(A); 

(2) the certificate of interest (seeunder Federal Circuit Rule 47.4), which 

must appear immediately after the front page; 

(3) the table of contents;

(4) the table of authorities;

(45) the points of law or fact overlooked or misapprehended by the court; 

(56) the argument; 

(67) thean addendum containing a copy of the court’s dispositive order, 

opinion, or judgment of affirmance without opinion sought to be 

reheard; and 

(78) the proof of service (see Federal Rule of Appellate Procedure 25(d))a 

certificate of compliance that adheres to Federal Rule of Appellate 

Procedure 32(g). 

(b) Addendum Contents. 

(1) Court’s Decision. A copy of the dispositive order, opinion, or 

judgment of affirmance without opinion sought to be reheard must 

be bound with the petition for panel rehearing as an addendum.

(2) Reproduction of Statutes, Rules, Regulations, etc. If the court’s 

determination of the issues presented requires the study of statutes, 

rules, regulations, etc., the relevant parts must be set out in the 

petition or response, or in any addendum attached to the petition or 

response. 
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FEDERAL CIRCUIT RULE 40 

(3) Other Material. Material not listed in subsections (1)-(2) above or 

permitted under Federal Rule of Appellate Procedure 32.1(b) may 

not be included as an addendum without leave of the court.

(c) Items Excluded from Page or Word Limitation; Other Material. 

(1) Items Excluded. The following items do not count against the page 

or word limitation in Federal Rule of Appellate Procedure 40(b): 

(A) the certificate of interest; 

(B) the table of contents; 

(C) the table of citations; 

(D) the addendum containing a copy of the opinion or judgment of 

affirmance without opinion; and 

(E) any addendum containing statutes, rules, regulations, and 

similar matters. 

(2) Other Material. Material not listed in this Federal Circuit Rule 40 

may not be included in the addendum or in an appendix without 

leave of the court. 

(dc) AnswerResponse. 

If the court requests an answerresponse, which must not exceed 3,900 

words if prepared using a computerelectronically or fifteen (15) pages if 

handwritten or typewrittenotherwise, the preferredrequired contents and 

organization for the answer are as follows: 

(1) a white cover or first sheet with the information prescribed in 

Federal Rule of Appellate Procedure 32(ac)(2)(A); 

(2) the certificate of interest (seeunder Federal Circuit Rule 47.4), which 

must appear immediately after the front page; 

(3) the table of contents;

(4) the table of authorities;
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FEDERAL CIRCUIT RULE 40 

(45) the argument; and 

(5) the proof of service (see Federal Rule of Appellate Procedure 25(d)). 

(6) any addendum under Federal Circuit Rule 40(b); and 

(7) a certificate of compliance that adheres to Federal Circuit Rule 

32(g)(1).

(ed) Time. 

Except for a civil case in which the United States or its officer or agency is 

a party, a petition for panel rehearing may be filed within thirty (30) days 

after entry of judgment. If the United States or its officer or agency is a 

party, a petition for panel rehearing may be filed within forty-five (45) days 

after entry of judgment. The time limits set forth in this rule also apply to a 

motion for panel reconsideration of a dispositive panel order.

(fe) Informal Petition for Panel Rehearing; AnswerResponse. 

(1) Informal Petition. An pro seunrepresented party may file three (3)

copies of an informal petition for panel rehearing in letter form not 

to exceed fifteen (15) typewritten double-spaced pages, attaching to 

each a copy of the dispositive order, opinion, or judgment sought to 

be reheard. 

(2) Informal AnswerResponse. If the court requests an

answerresponse to an informal petition for panel rehearing, or if the 

court requests an pro seunrepresented party to answerrespond to a 

formal petition for panel rehearing, the answerresponse may be 

informal, following the standards prescribed for informal briefs. The 

informal answerresponse may not exceed fifteen (15) typewritten 

double-spaced pages, and three (3) copies must be filed in accordance 

with Federal Circuit Rule 25(c). 
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FEDERAL CIRCUIT RULE 40 

(gf) Amicus Curiae Brief. 

In addition to the content requirements under Federal Rule of Appellate 

Procedure 29(b)(4), the following apply to amicus curiae briefs filed during 

the panel’s consideration of whether to grant a petition for panel rehearing, 

Eexcept as otherwise permitted or directed by the court’s permission or 

direction, an amicus curiae. 

(1) Leave. The brief submitted in connection with a petition for panel 

rehearing must be accompanied by a motion for leave to file and 

must not exceed 2,600 words if produced using a computer or 10 

pages if handwritten or typewritten.

(2) Timeliness. Except by the court’s permission or direction, aAny 

brief amicus curiae or anyand motion for leave to file a brief amicus 

curiae must be filed within fourteen (14) days ofafter the date of the 

filing of the petition or response that the amicus curiae supports. If 

the amicus curiae does not support either party, then the brief orand

motion for leave to file the brief must be filed within fourteen (14)

days ofafter the date of the filing of the petition.

(3) Type-Volume Limitation. The brief must not exceed 2,600 words if 

prepared electronically, or ten (10) pages otherwise. 

(4) Number of Copies. Three (3) paper copies of the brief must be 

provided to the court in accordance with Federal Circuit Rule 25(c).

(g) Number of Copies. 

Three (3) paper copies of any petition for panel rehearing or response to 

any petition for panel rehearing must be provided to the court in 

accordance with Federal Circuit Rule 25(c). 
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155 

Practice Notes to Rule 40 

PETITION FOR PANEL REHEARING NOT FILED WHEN 

MAILEDTIMELINESS. 

A petition for panel rehearing must be received by the court oris filed through 

CM/ECF withinwhen the time fixed for filing. The time provided in Federal 

Circuit Rule 40(e) runs fromcourt receives it, not on the date the judgment is 

entered (see Federal Rule of Appellate Procedure 36), not from the date counsel or 

the pro se party receives the opinion or order. Therefore, Federal Rule of 

Appellate Procedure 26(c) does not applyit was mailed. The clerk of court may 

return an untimely petition for panel rehearing. 

ACTION BY THE COURT. 

When a petition for panel rehearing is filed, the clerk of court will transmit copies 

to the panel that decided the case. The clerk of court will enter an order denying 

the petition unless a majority of the panel agrees to rehear the case. Rehearing 

before the panel may take place with or without further briefing or oral argument 

by the parties as the court directs. 

COMBINED PETITIONS. 

Federal Circuit Rule 35 governs the filing of combined petitioned for panel 

rehearing and rehearing en banc. 

WRIT OF CERTIORARI. 

Filing a petition for a panel rehearing is not a prerequisite to filing a petition for 

a writ of certiorari in the Supreme Court. 
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FEDERAL CIRCUIT RULE 41 

Issuance of Mandate 

An order dismissing a case on consent or for failure to prosecute, or 

dismissing, or remanding, or transferring a case on motion, will constitute 

the mandate. The date of the certified order is the date of the mandate. 

Except as above noted, Iin an appeal dismissed or transferred by the court 

sua sponte in an opinion, the mandate will issue in regular course. 

Practice Note to Rule 41 

RELATION OF MANDATE TO APPLICATION FOR CERTIORARI; STAY. 

That a mandate has issued does not affect the right to apply to the Supreme 

Court for a writ of certiorari. Consequently, a motion to stay the mandate should 

advance reasons for the stay beyond the mere intention to apply for certiorari, 

e.g., to forestall action in the trial court or agency that would necessitate a 

remedial order of the Supreme Court if the writ of certiorari were granted. 
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FEDERAL CIRCUIT RULE 45 

Clerk of Court’s Duties 

(a) Dismissal by Clerk of Court; Reconsideration. 

The clerk of court may dismiss an appeal for a failure to follow the Federal 

Rules of Appellate Procedure or these Federal Circuit Rules. A party may 

move that the court reconsider such dismissal., Aand any motion for 

reconsideration must: 

(1) be filed within fourteen (14) days after issuance of the order of 

dismissal; 

(2) be in the form prescribed by Federal Rule of Appellate Procedure 27 

and Federal Circuit Rule 27; and must 

(3) not exceed five (5) pages. An unrepresented party may file an 

informal motion for reconsideration of the dismissal, which may be in the 

form of a letter.

(b) Informal Motion for ReconsiderationRelease of Confidential or 

Sealed Materials. 

A pro se party may file one copy of an informal motion, which may be in the 

form of a letter, for reconsideration of the dismissal. The informal motion 

must not exceed 5 typewritten double-spaced pages. A copy of the dismissal 

order must be attached to the original and each copy of the informal 

motionAbsent court order or authorization by these rules, the clerk of court 

may not publicly release any confidential or sealed document except to 

serve case participants with court-issued documents filed under seal. Ex 

parte confidential filings will remain restricted to the court until such time 

as the court deems them fit for release to the parties or the public. 

(c) Authority to Enter Orders. 

The clerk of court may enter an order “For the Court” only when authorized 

by these rules or at the direction of a judge or the court. 
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FEDERAL CIRCUIT RULE 45 

(d) Communication with the Court. 

All correspondence and telephone calls about cases and motions and all 

press inquiries must be directed to the clerk of court. 

(e) Deputy Clerks. 

For purposes of these rules, any action that may be taken by the clerk of 

court may also be taken by any sworn deputy clerk of this court. 

(f) Electronic Orders and Court Documents. 

(1) Entry and Notice. The electronic filing by the clerk of court of any 

order, opinion, judgment, notice, or other court-issued document 

through the court’s electronic filing system constitutes entry of that 

document on the docket maintained by the clerk of court under 

Federal Rule of Appellate Procedure 45(b), as well as notice to and 

service upon registered electronic filers under Federal Rule of 

Appellate Procedure 45(c). The clerk of court must give notice in 

paper form to any party not receiving electronic notice through the 

court’s electronic filing system. 

(2) Signature and Validity. Documents issued by the court, the clerk 

of court, or an authorized court representative are selfauthenticating when issued through the court’s electronic filing 

system. Documents requiring signature may be signed with an 

original, handwritten signature; an electronic signature consistent 

with the signature requirements for electronically filed documents 

under Federal Circuit Rule 25; or an affixed seal of the court. Any 

court document electronically signed and filed through the court’s 

electronic filing system has the same force and effect as if it had been 

signed with an original, handwritten signature. 

(3) Paperless Orders. For routine procedural and notification matters, 

the clerk of court has the discretion to enter a notice or an order on 

the electronic docket as a text-only entry. Such orders have the same 

force and effect as any other order or notice. The clerk of court must 

give notice in paper form to any party not receiving electronic notice 

through the court’s electronic filing system. 
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FEDERAL CIRCUIT RULE 45 

(g) Public Notice. 

For purposes of these rules, the clerk of court satisfies any public notice 

requirement by posting the notice on the court’s website. 
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160 

FEDERAL CIRCUIT RULE 46 

Attorneys 

(a) Eligibility. 

An attorney is eligible for admission to the bar of this court if that attorney 

is of good moral and professional character and is admitted to practice 

before and of good standing in any of the following: 

(1) any of the courts listed in Federal Rule of Appellate Procedure 46(a); 

(2) the United States Court of International Trade; 

(3) the United States Court of Federal Claims; 

(4) the United States Court of Appeals for Veterans Claims; or 

(5) the District of Columbia Court of Appeals. 

(b) Procedure for Admission. 

(1) Motion in Open Court. An attorney may be admitted to the bar in 

open court by appearing personally with a sponsor who is a member 

of the bar of this court and who states the applicant’s qualifications 

and moves the admission. Motions for admission to the bar will be 

entertained at the opening of each session of court. 

(2) Written Motion by Member of the Court’s Bar. An attorney may 

be admitted on written motion of a member of the bar of the court 

who statesattests to the applicant’s qualifications. 

(3) Written Motion by Attorney. An attorney may be admitted on 

that attorney’s own motion, accompanied by a certificate of good 

standing from a court listed in Federal Rule of Appellate Procedure 

46(a) or Federal Circuit Rule 46(a). The certificate must be dated 

within thirty (30) days of the motion for admission and must bear 

the seal of the issuing court. A written motion for admission must be 

submitted on a form approved by this court. The clerk of court will 

furnish the form. 

(4) Oath. Each attorney admitted to the bar of this court must take an 

oath prescribed by the court. 
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FEDERAL CIRCUIT RULE 46 

(c) Admission Fee; Pay.govApplication, Submission, and Payment. 

The fee forAn attorney seeking admission to the bar of thethis court and 

the feemust electronically submit an application for a duplicate certificate 

are posted on the court’s websiteadmission in accordance with the court’s 

Electronic Filing Procedures. Payment must be made through CM/ECF 

using pay.gov.After admission, Tthe applicant will receive a certificate of 

admission in the mail. The fees for admission to the bar and a duplicate 

certificate are set by the court and are posted in accordance with Federal 

Circuit Rule 52(a). 

(d) Government Attorney. 

An attorney for any federal, state, or local government office or agency may 

appear before this court in connection with that attorney’s official duties 

without formal admission to the bar of the court. 

(e) Change of Name, Address, or Telephone NumberContact 

Information. 

An attorney admitted to the bar of this court must promptly notify the 

clerk of court ofupdate electronic filing account information to reflect any

change of name, address, email address or telephone numberchange in 

contact information. 

(f) Disciplinary Action. 

Disciplinary action against an attorney will be conducted in accordance 

with the Federal Circuit Attorney Discipline Rules. 
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Practice Notes to Rule 46 

FORM FOR WRITTEN MOTION FOR ADMISSION. 

Using Federal Circuit Form 21 satisfies the requirements for a written motion for 

admission under Federal Circuit Rule 46(b)(2) and (3). 
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163 

FEDERAL CIRCUIT RULE 47 

Adoption of Local Rules 

(a) Regular Amendments. 

(1) The court has adopted several local rules pursuant to Federal Rule of 

Appellate Procedure 47. 

(2) On its own motion or on the proposal of either the court’s Advisory 

Council or any person, the court may propose amendments to these 

rules by giving public notice and the opportunity for public comment 

on any proposed amendments for a period of at least thirty (30) days. 

Following the period of public notice, the court may adopt, amend 

and adopt, or take no action on the proposed amendments and give 

public notice of its action. 

(3) In the event the court adopts final amendments to these rules, the 

clerk of court will give public notice of the effective date of any 

amendments. Unless otherwise ordered, any amendments will apply 

to all cases pending on or after the effective date of the amendments 

to the extent practicable. 

(b) Emergency Amendments. 

If the court determines that there is an immediate need for a new rule or a 

rule amendment based on the urgency of the matter involved, the court 

may provide that an amendment take immediate effect, with a period of 

public notice and opportunity for public comment to follow. See 28 U.S.C. 

§ 2071(e). 

(c) Internal Operating Procedures and Other Matters. 

The court may adopt or amend internal operating procedures, standing or 

administrative orders, court forms, and other matters as necessary to 

implement these rules or otherwise provide for practice before this court. 

To the extent practicable, the court will provide public notice in advance of 

any effective date. 
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FEDERAL CIRCUIT RULE 47.2 

Panels 

(a) Panels. 

Cases and controversies will be heard and determined by a panel consisting 

of an odd number of at least three judges, two of whom may be senior 

judges of the courtWhen not heard en banc, cases and controversies will be 

heard and determined by a panel consisting of an odd number of at least 

three judges. A panel generally will include no more than one senior judge. 

See 28 U.S.C. § 46(c).

(b) Assignment of Cases. 

Assignment of cases to panels will be made so as to provide each judge with 

a representative cross-section of the fields of law within the jurisdiction of 

the court. See 28 U.S.C. § 46(b).
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FEDERAL CIRCUIT RULE 47.3 

Representation and Appearance 

(a) Party and Amicus Curiae Must Be Represented; Pro Se Party; 

Attorney of Record; Of CounselRepresentation Requirements. 

A corporation, partnership, organization, or other legal entity must be 

represented by counsel before this court. An individual (not a corporation, 

partnership, organization, or other legal entity)person may choose to be 

represented by counsel or to represent himself or herself pro seproceed 

without counsel, but may not be represented by a nonattorney-member of 

the bar of this court. An individual represented by counsel, each other 

party in an action, each party seeking to intervene, and each amicus curiae 

must appear through an attorney authorized to practice before this court 

and must designate one attorney as the principal attorney of record. Any 

other attorney assisting the attorney of record must be designated as “of 

counsel.” Every attorney named on a brief must enter an appearance, 

except that the filing of an entry of appearance does not apply to 

government officials who, by reason of their status as supervisors or heads 

of offices, are listed on briefs in their ex officio capacity. Documents and 

matters that are sent by the court will be transmitted only to the principal 

attorney of record.

(b) Petition for Writ of Mandamus or ProhibitionAppearance. 

The attorney whose name, address, email address and telephone number 

appears first on a petition for a writ of mandamus or a writ of prohibition 

will be deemed attorney of record.

(1) Counsel. Counsel retained prior to docketing must file an entry of 

appearance within (14) days after the court dockets the case, and one 

counsel must be designated as the “principal counsel.” Counsel 

retained after initial docketing must file an entry of appearance 

within fourteen (14) days after being retained or admitted to the 

court’s bar, whichever is later. All counsel must file an entry of 

appearance, except for government officials, who, by reason of their 

status as supervisors or heads of offices, may be listed on filings in 

their ex officio capacity. 
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FEDERAL CIRCUIT RULE 47.3 

(2) Counsel Not Entering Appearances. Except for government 

officials noted above, counsel who have not filed an entry of 

appearance will neither be listed on the case docket nor on any 

decision in the case. 

(3) Intervenor and Amicus Curiae. Counsel for each intervenor, 

amicus curiae, or movant must file an entry of appearance 

contemporaneously with the first document filed by that intervenor, 

amicus curiae, or movant. 

(4) Appearance Before Merits Panel. Counsel seeking to appear for 

the first time after the case is assigned to a merits panel must file a 

motion for leave of court to appear. Only counsel who have filed 

entries of appearance may present oral argument. 

(5) Unrepresented Parties. Each unrepresented party must submit a 

notice of unrepresented person appearance within fourteen (14) days 

after the case is docketed or fourteen (14) days after the last 

remaining counsel for the party has withdrawn. 

(6) Form and Contents. An entry of appearance or notice of 

unrepresented person appearance must be prepared on the form 

supplied by the clerk of court, and all information requested on the 

form must be provided. At the time of filing an entry of appearance, 

any counsel listed on that form may file and sign the form on behalf 

of all listed counsel.

(c) Appearance; Contents; Service of Papers Before 

Appearance;Substitution or Withdrawal of Counsel. 

(1) Appearance. Each attorney who intends to participate in an appeal 

must file, within 14 days of docketing, an entry of appearance on the 

form provided by the clerk of court. A pro se party must also file an 

entry of appearance unless all the necessary information appears on 

the petition for review or notice of appeal. Any attorney retained for 

the case later must file an entry of appearance within 14 days after 

being retained. An attorney representing a party seeking or 

permitted to intervene, and for each amicus curiae, must file an 

entry of appearance with the motion for leave to intervene (if 

required) or with the brief amicus curiae. If an attorney’s entry of 

appearance is first submitted after a case is assigned to a merits 

panel, the appearance will be treated as a motion to appear and will 
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167 

FEDERAL CIRCUIT RULE 47.3 

be transmitted to the panel, which may choose to reject the entry of 

appearance. Counsel must immediately file an updated Entry of 

Appearance if representation changes, including a change in contact 

information. Electronic filers must also report a change in contact 

information to the PACER Service Center. 

(2) Contents. The appearance must include the name of the party or 

parties represented and the name, address, email address, and 

telephone number of the attorney or the pro se party. An attorney’s 

appearance must show the name of the law firm or public or quasi

public legal office with which the attorney is associated. A new entry 

of appearance must be filed and served any time the information on 

record changes. 

(3) Certificate of Interest. A certificate of interest must be filed at the 

same time as the first filed entry of appearance. See Federal Circuit 

Rule 47.4. Both documents are due within 14 days of the date of 

docketing of the appeal or petition. 

(4) Service of Papers Before Appearance. Until an attorney files a 

written entry of appearance, service of all papers must be made on 

the attorney of record in the proceeding below at the last known 

address. If no attorney has filed an entry of appearance through ECF 

for a party, service of any matters must be made outside of CM/ECF 

until an attorney enters an appearance. In a pro se case, unless an 

attorney files an entry of appearance, service of all papers must be 

made on the pro se party at the last known address.

(5) Withdrawal of Counsel. An attorney other than a government 

attorney who has been properly replaced,Principal counsel may not 

withdraw from representing a party without notice to the party, filing a 

motion withand leave of the court, and obtaining the court’s consent.

Government attorneys and non-principal counsel for other parties may 

withdraw by filing a notice with the clerk of court. To substitute principal 

counsel, the current principal counsel and new principal counsel must each 

file amended entries of appearance noting the changes in representation.

(d) Signature. 

At least one copy of each brief, petition, motion, application, notice, or other 

paper presented for filing must contain the signature of the pro se party or 

the electronic signature of the attorney who has entered an appearance. 
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FEDERAL CIRCUIT RULE 47.3 

When no attorney appearing for a party is available to sign, any person 

having actual authority may sign on behalf of the attorney of record, 

attaching an affidavit of authority or an unsworn declaration of authority 

under penalty of perjury pursuant to 28 U.S.C. § 1746. 

Practice Notes to Rule 47.3 

FORM FOR ENTRY OF APPEARANCE FORM. 

SeeUsing Federal Circuit Form 8A, for a form forsatisfies the entry of appearance

requirements under Federal Circuit Rule 47.3(b)(1) for counsel. Using Federal 

Circuit Form 8B satisfies the notice requirements under Federal Circuit Rule 

47.3(b)(5) for unrepresented parties. 

FILINGS REQUIRING SIGNATURE AND APPEARANCE. 

After docketing, the clerk will accept no filing required to be signed, unless it is 

signed by a pro se party or an attorney who is a member of the bar, unless 

exempted under Federal Circuit Rule 46, and unless the pro se party or attorney 

has entered an appearance in the case. 

NEW COUNSEL ON APPEAL. 

For information on the service of documents on a party before counsel has entered 

an appearance, refer to Federal Circuit Rule 25(e)(5). New counsel on appeal 

should provide a copy of the entry of appearance form filed in this court to the 

lower court or agency to expedite service of the certified list and other 

communications. 

POST PANELING ENTRY OF APPEARANCE. 

When an entry of appearance is filed after the case has been assigned to a merits 

panel, that entry will be transmitted to the merits panel as a motion. Notification 

of the disposition of the motion, accepting or rejecting the entry of appearance, 

will be provided to counsel through CM/ECF.
PROPOSED AMENDMENTS TO THE FEDERAL CIRCUIT RULES OF PRACTICE APRIL 2020 

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FEDERAL CIRCUIT RULE 47.4 

Certificate of Interest 

(a) Purpose; Contents. 

A certificate of interest is required Tto determine whether recusal by a 

judge is necessary or appropriate, an attorney—except an attorney for the 

United States for each party, including a party seeking or permitted to 

intervene, and for each amicus curiae, must file a certificate of interest. 

The certificate of interest must be filed within 14 days of the date of 

docketing of the appeal or petition, except that for an intervenor or amicus 

curiae, the certificate of interest must be filed with the motion and with the 

brief. AThe certificate of interest must be in the form set forth in the 

appendix to these rules, and must contain the information below in the 

order listed. For purposes of subsections (1)-(4) below, “entity” refers to any 

party, intervenor, amicus curiae, or movant represented in the case by the 

counsel filing the certificate of interest. Negative responses, if applicable, 

are required as to each item on the form. 

(1) The full name of every party or amicusentity represented in the case 

by the attorneycounsel filing the certificate. 

(2) For each entity, Tthe name of theevery real party in interest, if the 

party named in the captionthat entity is not the real party in 

interest. 

(3) The corporate disclosure statement prescribed in Federal Rule of 

Appellate Procedure 26.1 and identifyingFor each party with 

itsentity, that entity’s parent corporation(s) or anyand every publicly 

held corporation that owns ten percent (10%) or more of its stock.

This satisfies the disclosure statement requirement of Federal Rule 

of Appellate Procedure 26.1(a).

(4) The names of all law firms and the, partners, and associates that 

have not entered an appearance in the appeal, and 

(A) appeared for the partyentity in the lower tribunal; or 

(B) are expected to appear for the partyentity in this court and 

who are not already listed on the docket for the current case. 
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FEDERAL CIRCUIT RULE 47.4 

(5) Other than the originating case number(s), Tthe title and number of 

any case known to counsel to be pending in this or any other court or 

agency that will directly affect or be directly affected by this court’s 

decision in the pending appeal.

(6) All information required by Federal Rule of Appellate Procedure 

26.1(b) and (c) that identifies organizational victims in criminal 

cases and debtors and trustees in bankruptcy cases.

(b) Filing. 

The certificateEach party, intervenor, amicus curiae, or movant must be 

filed with the entry of appearancea certificate of interest. The certificate 

must be filed contemporaneously with the first-filed entry of appearance. 

However, the United States, or its officers or agencies, and unrepresented 

individuals are exempt from filing a certificate of interest unless disclosing 

information under Federal Circuit Rule 47.4(a)(6) in compliance with 

Federal Rule of Appellate Procedure 26.1(b). The certificate must also be 

included with each motion, petition, or related response thereto, and in 

each principal brief and brief amicus curiae. When ownership, 

representation or contact information changes an updated Certificate of 

Interest must be filed when the change occurs.

(c) Changes. 

If any of the information required inby Federal Circuit Rule 47.4(a)

changes after the certificate is first filed and before the mandate has 

issued, the party must file an amended certificate must be filed within 

seven (7) days ofafter the change.

Practice Note to Rule 47.4 

CERTIFICATE OF INTEREST. 

Using Federal Circuit Form 9 satisfies the certificate of interest requirements 

under Federal Circuit Rule 47.4(a). 
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FEDERAL CIRCUIT RULE 47.5 

Statement of Related Cases 

Each principal brief and certificate of interest must contain a statement of 

related cases indicating the following: 

(a) whether any other appeal in or from the same civil action or 

proceeding in the lower court or body was previously before this or 

any other appellate court, stating the following: 

(1) the title and number of that earlier appeal; 

(2) the date of decision; 

(3) the composition of the panel; and 

(4) the citation of the opinion in the Federal Reporter; 

(b) the title and number of any case known to counsel to be pending in 

this or any other court or agency that will directly affect or be 

directly affected by this court’s decision in the pending appeal. 

Practice Note to Rule 47.5 

CASES THAT ONLY INVOLVE SAME GENERAL LEGAL ISSUE. 

Cases are not “related” within the meaning of Federal Circuit Rule 47.4(a)(5) and 

Rule 47.5(b) simply because they involve the same general legal issue, for 

example, an issue as to the correct construction of a statute or regulation. 
PROPOSED AMENDMENTS TO THE FEDERAL CIRCUIT RULES OF PRACTICE APRIL 2020 

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FEDERAL CIRCUIT RULE 47.7 

Attorney Fees and Expenses Incurred in This Court 

(a) Time for Filing; Response. 

(1) Generally. The court may award attorney fees and expenses when 

authorized by law. An award may be made by the court on its own 

motion or on application of a party. 

(2) Time for Filing. An application for an award of attorney fees and 

expenses must be served and filed within the time prescribed by the 

statute authorizing the award. If the statute does not prescribe a 

time, the application must be made within thirty (30) days after 

entry of the judgment or order denying rehearing, whichever is later. 

However, if a petition for writ of certiorari is filed, the application 

will not be due until thirty (30) days after all proceedings in the 

Supreme Court are concluded. 

(3) Response. No response may be filed to an application for attorney 

fees and expenses unless directed by the court, but no application 

will be granted without the court giving the party an opportunity to 

submit a response. 

(4) Award on the Court’s Motion. A party awarded attorney fees and 

expenses by the court on its own motion must file and serve a bill of 

attorney fees and expenses containing the information required in 

Federal Circuit Rule 47.7(b)(2)(A)-(C) with the bill of costs 

authorized by Federal Rule of Appellate Procedure 39(d). Any 

objection must be filed within the time prescribed in Federal Rule of 

Appellate Procedure 39(d). 

(b) Contents of Application. 

(1) Application under the Equal Access to Justice Act. An 

application for attorney fees and expenses under the Equal Access to 

Justice Act must be made on Federal Circuit Form 20the form 

prescribed by this court. 
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FEDERAL CIRCUIT RULE 47.7 

(2) Other Applications. EachAll other applications for attorney fees 

and expenses must cite the authority for an award and must indicate 

how the prerequisites for an award, including timeliness, are met. In 

addition, eachall other applications must contain a statement, under 

oath, specifying the following: 

(A) the nature of each service rendered; 

(B) the amount of time expended rendering each type of service; 

and 

(C) the customary charge for each type of service rendered. 

Practice Note to Rule 47.7 

EQUAL ACCESS TO JUSTICE ACT APPLICATION FORM. 

Using Federal Circuit Form 20 satisfies the requirements under Federal Circuit 

Rule 47.7(b)(1) for an application for attorney fees under the Equal Access to 

Justice Act. 
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174 

FEDERAL CIRCUIT RULE 47.9 

Petition for Judicial Review Under 5 U.S.C. § 7703(d) 

(a) Time for Filing. 

A petition for review of a final order or decision of the Merit Systems 

Protection Board or of an arbitrator pursuant to 5 U.S.C. § 7703(d) must be 

filed by the Director of the Office of Personnel Management within sixty 

(60) days after the date the Board or arbitrator issues notice of the final 

order or decision of the Board or arbitrator. 

(b) Contents. 

The Director’s petition must contain the following: 

(1) a statement of jurisdiction (seeunder Federal Rule of Appellate 

Procedure 28(a)(4)); 

(2) the Director’s determination that the Board or arbitrator erred in 

interpreting a civil service law, rule, or regulation affecting 

personnel management and the reasons supporting the 

determination; 

(3) the Director’s determination that the decision or order of the Board 

or arbitrator will have a substantial impact on a civil service law, 

rule, regulation, or policy directive, and the reasons supporting the 

determination; and 

(4) an appendix including a copy of the order or decision for which 

review is sought and any relevant portion of the record on review; 

the appendix may also include documents not part of the record on 

review that are relevant to the determination that the decision will 

have substantial impact. 

(c) Length of Petition, AnswerResponse and Reply; Separate Brief. 

A petition or answerresponse must not exceed 5,200 words if produced 

using a computerelectronically or twenty (20) pages if handwritten or 

typewrittenotherwise. A reply must not exceed 2,600 words if produced 

using a computerelectronically or ten (10) pages if handwritten or 
PROPOSED AMENDMENTS TO THE FEDERAL CIRCUIT RULES OF PRACTICE APRIL 2020 

175 

FEDERAL CIRCUIT RULE 47.9 

typewrittenotherwise. A separate brief supporting a petition, 

answerresponse, or reply is not permitted. 

(d) Service and Filing. 

The Director must electronically file the petition with the clerk of court 

through CM/ECF and must serve a copy of the petition on the named 

respondents, all other parties before the Board or arbitrator, and the Board 

or arbitrator. 

(e) Notice of Docketing. 

On receipt, the clerk of court will enter the petition on the docket as a 

miscellaneous case and notify the Director, the named respondents, all 

other parties before the Board or arbitrator, and the Board or arbitrator of 

the docketing date. 

(f) Appearance by Others Than the Named Respondent. 

The Board or arbitrator and any other party to the proceeding desiring to 

participate in the proceeding in this court must enter an appearance or file 

a notice if unrepresented. Anyone entering an appearanceappearing will be 

deemed a respondent. 

(g) AnswerResponse; Appendix; Reply. 

Within twenty-one (21) days after service of a petition, any respondent may 

file an answerresponse. The answerresponse may include an appendix 

containing any relevant portion of the record on review not included in the 

appendix to the petition; the appendix may also include documents or 

affidavits not part of the record on review that are relevant to the 

determination that the decision will have substantial impact. Within 

fourteen (14) days after service of an answerresponse, the Director may file 

a reply. 
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176 

FEDERAL CIRCUIT RULE 47.9 

(h) Action by the Court. 

Granting a petition for review is at the discretion of the court. On receipt of 

an order granting review, the clerk of court must enter the petition for 

review on the general docket. The petition for review will then proceed as if 

filed under Federal Rule of Appellate Procedure 15. 
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177 

FEDERAL CIRCUIT RULE 47.10 

Dismissal of a Bankruptcy Stay Case 

An appeal stayed in accordance with the bankruptcy stay provisions of 11 

U.S.C. § 362 may be dismissed by the clerk of court without prejudice to the 

appellant reinstating the appeal within thirty (30) days after the stay is 

lifted or the bankruptcy proceeding ends. 
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178 

FEDERAL CIRCUIT RULE 47.12 

[Reserved]

Action for Judicial Review Under 38 U.S.C. § 502 

(a) Time for Filing. 

An action for judicial review under 38 U.S.C. § 502 of a rule and regulation 

of the Department of Veterans Affairs must be filed with the clerk of court 

within 60 days after issuance of the rule or regulation or denial of a request 

for amendment or waiver of the rule or regulation.

(b) Parties. 

Only a person or persons adversely affected by the rule or regulation or the 

rulemaking process may bring an action for judicial review. The Secretary 

of Veterans Affairs must be named the respondent. 

(c) Contents. 

The action for judicial review must describe how the person or persons 

bringing the action are adversely affected and must specifically identify 

either: 

(1) the rule, regulation, opinion, or order of the Department of Veterans 

Affairs separately stated and published in the Federal Register 

pursuant to 5 U.S.C. § 552(a)(1) on which judicial review is sought; 

or 

(2) the notice and comment rulemaking process by the Department of 

Veterans Affairs pursuant to 5 U.S.C. § 553 on which judicial review 

is sought. 

(d) Procedure. 

Except as provided in this rule, the procedures applicable to an action for 

judicial review under 38 U.S.C. § 502 are the same as those for a petition 

for review under Federal Rule of Appellate Procedure 15. 
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179 

FEDERAL CIRCUIT RULE 50 

Employee and Former Employee 

(a) Restrictions on Practice. 

No employee of the court may engage in the practice of law. No former 

employee of the court may participate or assist, by representation, 

consultation, or otherwise, in any case that was pending in the court during 

the period of employment. 

(b) Requirements of Counsel. 

All counsel appearing in cases before the court are required to take 

reasonable steps to ensure compliance with this rule. See In re Violation of 

Rule 50, 712 F. App’x 1005 (Fed. Cir. 2018).

(c) Employee Defined.

For purposes of this rule, a person serving at the court as an intern, 

whether in a judge’s chambers or otherwise, is considered an employee of 

the court, whether such service is for pay, for law school credit, or 

voluntary. 
PROPOSED AMENDMENTS TO THE FEDERAL CIRCUIT RULES OF PRACTICE APRIL 2020 

180 

Practice Note to Rule 50 

ALL FUTURE PARTICIPATION AND ASSISTANCE PROHIBITED. 

A former employee of the court is prohibited from participating or assisting in any 

case after employment with the court if the case was before this court at any point 

during the person’s employment. Thus, for example, a former employee is 

prohibited from participating or assisting in a case in a trial forum, agency, or 

other forum if the case was before this court during the person’s employment and 

was remanded by this court or otherwise continued in the trial forum, agency, or 

other forum for any other reason. A former employee is also prohibited, for 

example, from participating or assisting in the case if it is subsequently before 

this court again or if it is before the Supreme Court of the United States. In 

addition to Federal Circuit Rule 50, former employees should also consult any 

applicable local bar rules and Canon 3(d) of the Code of Conduct for Judicial 

Employees. 
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181 

FEDERAL CIRCUIT RULE 52 

Fees 

(a) Judicial Conference Schedule of Fees. 

(1) General. The fees charged by the clerk of court must be the fees 

prescribed by the Judicial Conference of the United States pursuant 

to 28 U.S.C. § 1913 or by this ruleadopted by the court. No fees are to 

be charged for services rendered on behalf of the United States, with 

the exception of those specifically prescribed in subsections (3)(B), 

(D) and (E) of this rule. No fees under this schedule shallmay be 

charged to federal agencies or programs which are funded from 

judiciary appropriations, including, but not limited to, agencies, 

organizations, and individuals providing services authorized by the 

Criminal Justice Act, 18 U.S.C. § 3006A, and Bankruptcy 

Administrator programs. Fees paid to the court by attorneys must be 

made through CM/ECF using pay.govThe schedule of fees will be 

posted on the court’s website and in a public area of the courthouse. 

(2) Docketing Fee. The docketing fee will be paid to the trial court 

clerk of court on filing a notice of appeal in that court. The docketing 

fee will be paid to this court’s clerk of court on filing any other 

proceeding, including an appeal or petition for review from the 

Patent and Trademark Office or the Merit Systems Protection Board, 

or any other agency, and including an extraordinary writ. 

(3) Judicial Conference Schedule of Fees. The fees charged by the 

court pursuant to the Judicial Conference Schedule of Fees are 

posted on the court’s website. 

(4) Electronic Public Access Fee Schedule. The fees for electronic 

public access are authorized by 28 U.S.C. § 1913 and promulgated in 

the Judicial Conference Electronic Public Access fFee sSchedule. 

(b) Copies of Opinions. 

All public court opinions are available on the court’s website or PACER 

without charge. Printed copies of court orders and opinions are subject to 

the Electronic Public Access fFee sSchedule, and are available without cost 

to those persons and organizations whose names are on a public interest 

list established by order of the court. 
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FEDERAL CIRCUIT RULE 52 

(c) Fees Tto Be Paid in Advance. 

The clerk of court is not required to docket any proceedingEach notice of 

appeal, petition for review, application or perform any other service until 

allcross-application for enforcement, petition for an extraordinary writ, and 

petition for permission to appeal filed electronically as a case-initiating 

document with this court must be accompanied by the docketing fees due 

the clerk of court are paid unless a party has been granted, or a motion for

leave to proceed in forma pauperis or other waiver, as described in the 

court’s Electronic Filing Procedures. The clerk of court may defer taking 

any additional action on these documents after initial docketing until any 

fee due is paid or the court or clerk of court grants a fee waiver. The clerk of 

court may also defer action on all other services requiring payment under 

the Schedule of Fees until payment is received.

(d) Dismissal of Appeal or Petition for Failing Tto Pay Docketing Fee. 

If a proceeding is docketed without prepayment of the docketing fee, the 

appellant or petitioner must pay the fee within fourteen (14) days after 

docketing, unless ordered otherwise. If the clerk of court does not receive 

the docketing fee, a completed motion for leave to proceed in forma 

pauperis, or a completed Form 6BUSERRA notice within 14 days of the 

date of docketing of the appeal or petitionallotted timeframe, the clerk of 

court is authorized to dismiss the appeal or petitionproceeding. 

(e) OnlineFee Payments; Checks. 

Counsel shall use pay.gov to makeElectronic filers must payments for all 

applicable fees. Instructions for use of pay.gov are available 

onelectronically as provided in the court’s websiteElectronic Filing 

Procedures. For matters that are not paid through pay.gov, and for pro se 

parties who do not use CM/ECFPaper filers must pay all fees in U.S. 

dollars in the manner set by the clerk of court based on applicable 

regulations of the Judicial Conference of the United States and United 

States Department of the Treasury. cChecks in payment of fees must be 

made payable to the Clerk of Court, United States Court of Appeals for the 

Federal Circuit. 
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Practice Notes to Rule 52 

NO REFUND OF FEES. 

Fees are deposited with the Treasury Department on receipt. The clerk of court 

cannot refund any fee once it is deposited, except the clerk of court may refund (1) 

any fee paid in excess of the fee established by the court’s Schedule of Fees or this 

court and (2) any duplicate fee for the same transaction. 

CHECKS AND DRAFTSMETHODS OF PAYMENT. 

The clerk of court accepts only exact amounts in U.S. dollars and cannot provide 

change. For payment by personal check or direct debit (ACH), credit for payment 

will be given only after the check has been accepted by the issuing financial 

institution. Checks and draftsreturned for insufficient funds are accepted subject 

to collection, and full creditincluding an additional fee for insufficient funds as set 

by the court’s Schedule of Fees. The clerk of court will be given only when the 

checknot accept credit or draft is accepted bydebit card payments over the 

financial institution on which it is drawnphone. 

DOCKETING FEE AND COSTS IN A CASE INVOLVING A CLAIM 

UNDER THE UNIFORMED SERVICES EMPLOYMENT AND 

REEMPLOYMENT RIGHTS ACT OF 1994. 

The docketing fee does not have to be paid, and no costs are taxed, iIn a petition 

for review of a decision of the Merits Systems Protection Board decision, a 

petitioner is not required to pay the docketing fee if the underlying appealcase

involved a claim under the Uniformed Services Employment and Reemployment 

Rights Act of 1994 (USERRA)). 38 U.S.C. §§ 4323, 4324. TheA petitioner must 

completeclaiming exemption from the fee pursuant to USERRA should submit 

Federal Circuit Form 6B to inform the courtwithin fourteen (14) days after the 

date of docketing of the petition and may be required to submit documentation

that the case before the Board involvesd a USERRA claim under USERRA. 
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184 

FEDERAL CIRCUIT RULE 54 

Library 

(a) General. 

The library in the Howard T. Markey National Courts Building serves this 

court and the United States Court of Federal Claims. 

(b) Authorized Users. 

The library’s authorized users are limited to the following: 

(1) the judges of the courts; 

(2) their court staff of either court; 

(3) members of the bars of either court; 

(4) pro se litigantsunrepresented parties with pending cases in either 

court; 

(5) attorneys employed by the United States; and 

(6) employees of the Administrative Office of the United States Courts 

and the Federal Judicial Center. 

(c) Suspension; Closing. 

The librarian may suspend an authorized user for cause and may, when 

warranted, close the library to all except judges and the court staff. 

(d) Books: Check Out and Removal. 

Only judges and the court staff may check out books from the library. 

Library books must not be removed from the premises of the Howard T. 

Markey National Courts Building without express permission from the 

librarian. 
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185 

Federal Circuit Attorney Discipline Rules 

Introduction 

The United States Court of Appeals for the Federal Circuit, in furtherance of its 

power and responsibility under Federal Rule of Appellate Procedure 46 and its 

inherent power and responsibility to supervise the conduct of attorneys who are 

members of its bar, promulgates the following Attorney Discipline Rules. 

The rules contemplate that a disciplinary proceeding stemming from most 

misconduct that occurs before a merits or motions panel will be conducted by that 

panel. A proceeding stemming from more serious misconduct, based on conviction of 

a serious crime, or imposing reciprocal discipline will be conducted by a Standing 

Panel on Attorney Discipline composed of three judges. In conformance with 

Federal Rule of Appellate Procedure 46, a hearing, if requested, will be available in 

any proceeding. The record in an ongoing proceeding will be confidential unless 

otherwise ordered. At the conclusion of a proceeding in which discipline is imposed, 

the final order and the record will be made a public record. A final order issued by a 

panel will be reviewable in a manner analogous to review under Federal Rules of 

Appellate Procedure 35 and 40. 

Rule 1. Definitions 

(a) Another Court. Another court means any Court of the United States or any 

court of a state, the District of Columbia, a territory, or a commonwealth of 

the United States. For purposes of these rules, another court also includes 

the United States Court of Appeals for Veterans Claims and the United 

States Court of Federal Claims. 

(b) Agency. Agency means any agency of the United States as defined in 5 

U.S.C. § 551. 

(c) Serious Crime. Serious crime means (1) any felony or (2) any lesser crime a 

necessary element of which, as determined by statutory or common law 

definition of such crime in the jurisdiction where the conviction occurred, is 

(i) interference with the administration of justice, (ii) false swearing, (iii) 

misrepresentation, (iv) fraud, (v) willful failure to file an income tax return, 

(vi) deceit, (vii) bribery, (viii) extortion, (ix) misappropriation, (x) theft, or (xi) 

an attempt or conspiracy or solicitation of another to commit a serious crime. 

Rule 2. Grounds for Discipline 

(a) Conviction. Conviction in another court of a serious crime may be the basis 

for discipline. 

(b) Disbarment or Suspension. Reciprocal discipline may be imposed based on 

disbarment or suspension by another court or by an agency. 
PROPOSED AMENDMENTS TO THE FEDERAL CIRCUIT RULES OF PRACTICE APRIL 2020 

186 

(c) Resignation. Disbarment may be imposed based on an attorney’s 

disbarment on consent or resignation from the bar of another court or an 

agency while an investigation into an allegation of misconduct is pending. 

(d) Act or Omission. An act or omission by an attorney thatwho violates the 

Federal Rules of Appellate Procedure, the Federal Circuit Rules, these rules, 

or orders or instructions of the court, other than an act or omission 

contemplated by Rule 3(d) of these rules, may be the basis for discipline. A 

failure to notify the court in compliance with Rule 6(a) may itself be the basis 

for discipline. 

(e) Conduct Unbecoming. Any conduct before the court unbecoming a member 

of the bar may be the basis for discipline. 

Rule 3. Types of Discipline 

(a) Discipline for Misconduct. Discipline for attorney misconduct may consist 

of disbarment, suspension for a definite period, monetary sanction, public 

reprimand, private reprimand, or any other disciplinary action that the court 

deems appropriate. 

(b) Disbarment. Disbarment is the presumed discipline for conviction of a 

serious crime. 

(c) Reciprocal Discipline. The imposition of reciprocal disbarment or 

suspension is the presumed discipline based on the disbarment or suspension 

of an attorney by another court or an agency. Disbarment based on an 

attorney’s disbarment on consent or resignation from a bar of another court 

or an agency while an investigation into an allegation of misconduct is 

pending constitutes reciprocal discipline. 

(d) Sanctions Under Other Provisions. Assessment of damages, costs, 

expenses, or attorney fees under Federal Rule of Appellate Procedure 38, 28 

U.S.C. § 1927, or similar statutory provision are not disciplinary sanctions 

within the meaning of these rules and are not governed by these rules. 

Rule 4. Disciplinary Matters Referred to the Court 

(a) Docketing. The Cclerk shallof court will maintain a miscellaneous attorney 

disciplinary matter docket and shallwill assign a number to each matter. 

(b) Merits or Motions Panel. When attorney misconduct under these rules 

occurs within the context of a case before a merits panel or a motions panel, 

that panel may impose any discipline except disbarment, suspension, or a 

monetary sanction over $1,000. The proceeding is conducted in accordance 

with Rule 5. In lieu of conducting its own proceeding a majority of the panel 

may refer the matter to the Standing Panel on Attorney Discipline. 
PROPOSED AMENDMENTS TO THE FEDERAL CIRCUIT RULES OF PRACTICE APRIL 2020 

187 

(c) Standing Panel on Attorney Discipline. 

(1) The Standing Panel shallmust conduct proceedings in any matter in 

which disbarment, suspension, or a monetary sanction over $1000 may be 

considered, or in any matter referred by a merits or motions panel. 

(2) The Standing Panel shallwill consist of three judges, at least two of whom 

shallmust be active judges in regular active service, appointed by the 

Chief Judge. The Chief Judge may serve as a member of the Standing 

Panel. The initial appointments shallwill be for one-, two-, and three-year 

terms, so that the members’ terms are staggered. Thereafter, a member 

shallwill be appointed for a three-year term. A member who has served on 

the Standing Panel for three years shallis not be eligible for appointment 

to another term until three years after termination of his or her last 

appointment. 

(3) The chairperson of the Standing Panel shall be the senior active judge in 

regular active service. 

(4) If a member of the Standing Panel is unable or unavailable to hear a 

particular matter, the Chief Judge shallwill appoint another judge to be a 

member of the Standing Panel for that matter. If a member of the 

Standing Panel is unable to complete the remainder of his or her term for 

any reason, e.g., retirement, incapacity, death, the Chief Judge shallwill

appoint another judge to serve the remainder of the term. 

Rule 5. Merits/Motions Panel or Standing Panel Procedure 

(a) Representation. An attorney may be represented by counsel in any 

disciplinary proceeding. Counsel must enter an appearance promptly, and in 

any event prior to submitting any documents or at least fourteen (14) days 

before appearing at a hearing, whichever is earlier. Except as provided by 

Federal Circuit Rule 46(d), counsel must be a member of the bar of this court. 
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(b) Show Cause Order. Any panel may issue an order describing an attorney’s 

misconduct and ordering the attorney to show cause (1) why a specific 

discipline should not be imposed or (2) why a discipline to be determined 

later should not be imposed. Unless otherwise ordered, a response shall beis

due within thirty (30) days. Any request for a hearing shallmust be included 

in a response. 

(c) Uncontested Matter. If an attorney does not respond to a show cause order 

or does not object to the imposition of a specified discipline, the Cclerk of 

court may then issue a final order imposing such discipline. 

(d) Contested Matter. If an attorney contests the imposition of discipline or 

requests a hearing, further proceedings shallmust be conducted in accordance 

with Rule 8. 

(e) Referral to State Bar Association or Other Disciplinary Entity. The 

Standing Panel or any merits or motions panel may in its discretion refer a 

pending disciplinary matter or a matter that has been concluded to an 

appropriate state bar association or other disciplinary entity. 

(f) Final Order. At the conclusion of a proceeding, a panel shallwill issue a final 

order in the matter. The order may direct the attorney or the Cclerk of court

to send a copy of the order to all other courts and agencies before which an 

attorney is admitted. The Cclerk of court may also be directed to notify the 

American Bar Association’s National Lawyer Regulatory Data Bank of the 

discipline. 

(g) Review by the Panel or the Active Judges of the Court. An attorney 

may file a petition for rehearing by the panel or a combined petition for 

rehearing by the panel and suggestion for rehearing by the active judges of 

the court in regular active service, or a majority of the active judges in 

regular active service may order that a disciplinary matter be heard or 

reheard by them. Such a hearing or rehearing is not favored and ordinarily 

will not be ordered except when necessary to secure or maintain uniformity of 

the court’s decisions or when the proceeding involves a question of 

exceptional importance. Any such petition shallmust be filed within thirty 

(30) days ofafter the date of the panel’s final order. The procedures governing 

a petition for rehearing or a combined petition/suggestion will otherwise be in 

accordance with the provisions of Federal Rules of Appellate Procedure 35

and 40 and Federal Circuit Rules 35 and 40. 
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Rule 6. Conviction or Discipline Imposed by Another Court or an Agency 

(a) Duty of Attorney to Notify. An attorney who is a member of the bar of this 

court shallmust notify the Cclerk of court in writing within fourteen (14) days 

ofafter the member’s (1) conviction of a serious crime, (2) disbarment or 

suspension by another court or by an agency, or (3) disbarment on consent or 

resignation from the bar of another court or an agency while an investigation 

into an allegation of misconduct is pending. Upon receipt of such information, 

the Cclerk shallof court must follow the procedures set forth in Rule 7. 

(b) Notification from Another Court or Agency; Sua Sponte. Upon receipt 

of a copy of a judgment, order, or other document demonstrating that a 

member of the bar of this court has been disbarred or suspended from the 

practice of law by another court or an agency, or has resigned while an 

investigation into an allegation of misconduct is pending, the Cclerk shallof 

court must follow the procedures set forth in Rule 7. 

Rule 7. Proceedings for Reciprocal Discipline or Conviction of Serious 

Crime 

(a) Show Cause Order. On notification of an attorney’s disbarment or 

suspension by another court or agency, the Cclerk shallof court must issue a 

show cause order why the court should not impose the identical discipline. On 

notification of an attorney’s conviction of a serious crime or resignation from 

the bar of another court or agency while a misconduct investigation is 

pending, the Cclerk shallof court must issue a show cause order why 

disbarment should not be imposed. 

(b) Response. Unless otherwise ordered, a response to a show cause order shall 

beis due within thirty (30) days to the clerk of court. The response should be 

in an envelope marked “Direct to Chief Deputy Clerk” or e mailed to 

chiefdeputyclerk@cafc.uscourts.govand should indicate the docket number of 

the matter. Any request for a hearing shallmust be included in a response. 

In any response, the attorney must (1) list all bars to which the attorney is 

admitted, including all bar numbers and other bar identification information 

and (2) list all cases pending before this court in which the attorney is 

involved. 

(c) Uncontested Matter. If an attorney does not object to the imposition of 

reciprocal discipline or does not respond to the show cause order, the Cclerk 

of court may then issue a final order imposing such reciprocal discipline. 

(d) Contested Matter. If an attorney contests the imposition of reciprocal 

discipline, further proceedings shallwill be conducted in accordance with Rule 

8. 
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(e) Final Order and Further Review. At the conclusion of a proceeding, the 

Standing Panel shallwill issue a final order in the matter. Any further review 

will be in accordance with Rule 5(g). 

Rule 8. Contested Proceedings 

(a) No Request for a Hearing. If an attorney does not request a hearing in 

response to a show cause order, then the panel shallwill prepare the record 

consisting of the show cause order, the response, and any other documents 

obtained by the panel. If the record includes documents in addition to the 

show cause order and the response, then an attorney shallwill be given notice 

that he or she may inspect and copy the record at his or her expense and may 

file a supplemental response. Information will be withheld from an attorney 

only in extraordinary circumstances, e.g., for national security or criminal 

investigation reasons. Any supplemental response shall beis due within 

fourteen (14) days ofafter the date of the notice concerning inspection and 

copying. 

(b) Request for Hearing. On request by an attorney, except in cases of 

reciprocal discipline under Rule 2(b) or resignation under Rule 2(c) where the 

conducting of a hearing shall beis at the discretion of the panel, the panel 

shallwill schedule a hearing. A hearing scheduled by a merits or motions 

panel will be an oral hearing. If a merits or motions panel determines that an 

evidentiary hearing is necessary, that panel shallwill refer the matter to the 

Standing Panel. In matters that have not been referred by a merits or 

motions panel, the Standing Panel shall determine whether a hearing is oral 

or evidentiary. An attorney shallmust be given at least thirty (30) days’ notice 

of the time, date, and place of a hearing. 

(1) The record consists of the show cause order, the response, and any other 

documents obtained by the panel. If the record includes documents in 

addition to the show cause order and the response, then an attorney 

shallwill be given notice that he or she may inspect and copy the record at 

his or her expense. Information will be withheld from an attorney only in 

extraordinary circumstances, e.g., for national security or criminal 

investigation reasons. 

(2) The Standing Panel may compel by subpoena the attendance of witnesses, 

including the attorney subject to the proceeding, and the production of 

documents. 

(3) During an evidentiary hearing, an attorney shallwill be afforded an 

opportunity to cross-examine any witnesses called by the Standing Panel 

and to introduce evidence in defense or mitigation. 

(4) A hearing shallwill be recorded on tape unless an attorney arranges to 

have a reporting service present at his or her own expense. 
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191 

(c) Reciprocal Disciplinary Matter. Notification that an attorney has been 

disbarred or suspended by another court or agency shall establishes that the 

conduct in fact occurred and that the discipline was appropriate unless an 

attorney shows thatthe following: 

(1) the procedure was so lacking in notice or opportunity to be heard that it 

constituted a deprivation of due process; or 

(2) there was such an infirmity of proof establishing the misconduct that it 

gave rise to the clear conviction that this court could not, consistent with 

its duty, accept as final the conclusion on the matter; or 

(3) the imposition of the same discipline by this court would result in grave 

injustice; or 

(4) the misconduct established is deemed by this court to warrant 

substantially different discipline. 

(d) Conviction of a Serious Crime. Notification of a conviction of a serious 

crime shall beis conclusive evidence of the commission of that crime for 

purposes of these disciplinary proceedings. If an attorney notifies the court 

that a conviction has been vacated or reversed, the Standing Panel shallwill

promptly review the matter. 

Rule 9. Reinstatement 

(a) After Reciprocal Disbarment or Suspension. If disbarment by this court 

was based on a disbarment by another court or agency or a suspension was 

directed to run concurrently with a suspension ordered by another court or 

agency, then an attorney shall beis eligible for reinstatement when the 

original discipline is lifted or expires. An attorney must submit an affidavit 

notifying this court of the action of the court that imposed the original 

discipline. The Cclerk shallof court will refer an attorney’s notification 

affidavit to the Standing Panel. Unless otherwise ordered, the Cclerk of court 

shallwill issue an order reinstating the attorney within fourteen (14) days 

after reference to the Standing Panel. 

(b) After Disbarment. An attorney who has been disbarred as a result of 

misconduct before this court may not apply for reinstatement until the 

expiration of five (5) years from the effective date of the disbarment. 
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(c) After Suspension. 

(1) An attorney who has been suspended with automatic reinstatement as a 

result of misconduct before this court may file an affidavit of compliance 

with the suspension order after the suspension period has expired. The 

Cclerk shallof court will issue an order reinstating the attorney within 

fourteen (14) days. 

(2) An attorney who has been suspended conditioned on applying for 

reinstatement as a result of misconduct before this court may file an 

application after the suspension period expires. 

(d) Application for Reinstatement. The Cclerk shallof court will refer an 

application for reinstatement to the Standing Panel. Any request for a 

hearing shallmust be included in an application. 

(1) The Standing Panel may issue an order granting an application or, if no 

hearing is requested, may issue an order denying an application. 

(2) If the Standing Panel is not satisfied initially that reinstatement is 

appropriate and a hearing is requested, the Standing Panel shallwill

schedule a hearing. The Standing Panel shallwill decide whether a 

hearing shallwill be oral or evidentiary. At a hearing the applicant has the 

burden of showing that he or she has the moral qualifications, 

competency, and learning in the law required for readmission and that the 

resumption of practice will not be detrimental to the integrity and 

standing of the bar or to the administration of justice. 

(3) At the conclusion of a proceeding, the Standing Panel shallwill issue a 

final order. Further review shallwill be in accordance with Rule 5(g). 

(e) Successive Application. A successive application for reinstatement may 

not be filed until one (1) year has elapsed after an adverse decision on an 

earlier application. 

Rule 10. Access to Information 

(a) Confidentiality During Proceedings. An ongoing disciplinary proceeding 

shall beare confidential (1) unless the attorney subject to the proceeding 

requests that it be made a public record or (2) except to the extent that a 

panel may disclose the subject matter and status of a proceeding if the 

proceeding is based on a conviction of a serious crime, or an allegation that 

has become generally known to the public, or there is a need to notify another 

person or entity to protect the public, the legal profession, or the 

administration of justice. 

(b) Confidentiality Upon Issuance of a Final Order. A final order issuing a 

private reprimand or imposing no discipline and the record of those 
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193 

proceedings shall beare confidential unless the attorney subject to the 

proceeding requests that it be made a public record. If other discipline is 

imposed, a final order and the record shallwill be made a public record at the 

time of issuance of a final order. However, a panel may issue a permanent 

protective order prohibiting the disclosure of any part of the record to protect 

the interest of a complainant, a witness, a third party or nonparty, or the 

attorney. 

Rule 11. Effective Date 

These rules shall becomeare effective February 1, 2016July 1, 2020.