UNITED STATES COURT OF APPEALS FOR THE FEDERAL

UNITED STATES COURT OF APPEALS

FOR THE FEDERAL CIRCUIT

ULES OF PRACTICE

EDERAL RULES OF APPELLATE PROCEDURE

EDERAL CIRCUIT RULES

RACTICE NOTES

EDERAL CIRCUIT ATTORNEY DISCIPLINE RULES

December 1, 2023

Washington, DC

www.cafc.uscourts.gov

Incorporating amendments to Federal Rules of Appellate Procedure 2, 4, 26, and

45.

Federal Circuit Rules of Practice (December 1, 2023) Page i

United States Court of Appeals for the Federal Circuit

Circuit Justice

Chief Justice John G. Roberts, Jr.

Chief Judge

Kimberly A. Moore

Circuit and Senior Circuit Judges

Pauline Newman

Haldane Robert Mayer

S. Jay Plager

Alan D. Lourie

Raymond C. Clevenger, III

Alvin A. Schall

William C. Bryson

Richard Linn

Timothy B. Dyk

Sharon Prost

Jimmie V. Reyna

Evan J. Wallach

Richard G. Taranto

Raymond T. Chen

Todd M. Hughes

Kara F. Stoll

Tiffany P. Cunningham

Leonard P. Stark

Federal Circuit Rules of Practice (December 1, 2023) Page ii

Officers of the Court and Senior Staff

Jarrett B. Perlow

CIRCUIT EXECUTIVE AND CLERK OF COURT

Jeffrey Goldberg

GENERAL COUNSEL

Frances M. McNulty

CHIEF DEPUTY CLERK

Anne Maher

SENIOR TECHNICAL ASSISTANT

Keisha E. Lynch

ASSISTANT CIRCUIT EXECUTIVE FOR

ADMINISTRATIVE SERVICES

Jessica Perovich

CIRCUIT LIBRARIAN

Kevin L. Gates

ASSISTANT CIRCUIT EXECUTIVE FOR

AUTOMATION AND TECHNOLOGY

Adel Pappas

ASSISTANT CIRCUIT EXECUTIVE FOR

HUMAN RESOURCES

Advisory Council Members

Deanne E. Maynard, Chair

Ginger D. Anders

Mel Bostwick

Claudia Burke

Alexander O. Canizares

Eldora Ellison

Adam Keser

Michelle Klancnik

Monica Lateef

Roman Martinez

Sonal N. Mehta

Naveen Modi

Goutam Patnaik

Melissa Patterson

Katherine Smith

ex officio

Jarrett B. Perlow

Jeffrey Goldberg

Deborah M. Miron

Patrick C. Keane

Joseph Reisman

TABLE OF CONTENTS

Federal Circuit Rules of Practice (December 1, 2023) Page iii

Foreword ...................................................................................................................... xii

Title I — Applicability of Rules ..................................................................................... 1

Federal Rule of Appellate Procedure 1 ...................................................................... 1

Scope of Rules; Definition; Title

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

Scope of Rules; Definitions; Title

Federal Rule of Appellate Procedure 2 ...................................................................... 3

Suspension of Rules

Title II — Appeal from a Judgment or Order of a District Court ................................ 5

Federal Rule of Appellate Procedure 3 ...................................................................... 5

Appeal as of Right — How Taken

Federal Circuit Rule 3 ................................................................................................ 8

Appeal as of Right — How Taken

Practice Notes to Rule 3 ............................................................................................. 9

Federal Rule of Appellate Procedure 4 .................................................................... 10

Appeal as of Right — When Taken

Federal Circuit Rule 4 .............................................................................................. 16

Appeal as of Right — Untimely Notice

Practice Notes to Rule 4 ........................................................................................... 17

Federal Rule of Appellate Procedure 5 .................................................................... 19

Appeal by Permission

Federal Circuit Rule 5 .............................................................................................. 21

Appeal by Permission

Federal Rule of Appellate Procedure 6 .................................................................... 21

Appeal in a Bankruptcy Case from a Final Judgment, Order, or Decree of a

District Court or Bankruptcy Appellate Panel

Federal Rule of Appellate Procedure 7 .................................................................... 21

Bond for Costs on Appeal in a Civil Case

Federal Rule of Appellate Procedure 8 .................................................................... 22

Stay or Injunction Pending Appeal

Federal Circuit Rule 8 .............................................................................................. 24

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Federal Circuit Rules of Practice (December 1, 2023) Page iv

Stay or Injunction Pending Appeal

Practice Notes to Rule 8 ........................................................................................... 25

Federal Rule of Appellate Procedure 9 .................................................................... 26

Release in a Criminal Case

Federal Rule of Appellate Procedure 10 .................................................................. 26

The Record on Appeal

Federal Circuit Rule 10 ............................................................................................ 29

The Record on Appeal

Practice Notes to Rule 10 ......................................................................................... 30

Federal Rule of Appellate Procedure 11 .................................................................. 31

Forwarding the Record

Federal Circuit Rule 11 ............................................................................................ 34

Forwarding the Record

Federal Rule of Appellate Procedure 12 .................................................................. 35

Docketing the Appeal; Filing a Representation Statement; Filing the Record

Federal Circuit Rule 12 ............................................................................................ 35

Docketing the Appeal

Practice Notes to Rule 12 ......................................................................................... 36

Federal Rule of Appellate Procedure 12.1 ............................................................... 37

Remand After an Indicative Ruling by the District Court on a Motion for

Relief That Is Barred by a Pending Appeal

Title III — Appeals from the United States Tax Court ............................................. 38

Federal Rule of Appellate Procedure 13 .................................................................. 38

Review of a Decision of the Tax Court

Federal Rule of Appellate Procedure 14 .................................................................. 38

Applicability of Other Rules to the Review of a Tax Court Decision

Title IV — Review or Enforcement of an Order of an Administrative Agency, Board,

Commission, or Officer ................................................................................................ 39

Federal Rule of Appellate Procedure 15 .................................................................. 39

Review or Enforcement of an Agency Order

Federal Rule of Appellate Procedure 15 .................................................................. 40

Federal Circuit Rule 15 ............................................................................................ 41

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Federal Circuit Rules of Practice (December 1, 2023) Page v

Review of an Agency Order or Action

Practice Notes to Rule 15 ......................................................................................... 45

Federal Rules of Appellate Procedure 15.1 ............................................................. 49

Briefs and Oral Argument in a National Labor Relations Board Proceeding

Federal Rule of Appellate Procedure 16 .................................................................. 49

The Record on Review or Enforcement

Federal Rule of Appellate Procedure 17 .................................................................. 50

Filing the Record

Federal Circuit Rule 17 ............................................................................................ 51

Filing the Record

Practice Notes to Rule 17 ......................................................................................... 52

Federal Rule of Appellate Procedure 18 .................................................................. 53

Stay Pending Review

Federal Circuit Rule 18 ............................................................................................ 54

Stay Pending Review

Practice Notes to Rule 18 ......................................................................................... 55

Federal Rule of Appellate Procedure 19 .................................................................. 56

Settlement of a Judgment Enforcing an Agency Order in Part

Federal Rule of Appellate Procedure 20 .................................................................. 56

Applicability of Rules to the Review or Enforcement of an Agency Order

Federal Circuit Rule 20 ............................................................................................ 56

Applicability of Rules to the Review of an Agency Order or Action

Title V — Extraordinary Writs ................................................................................... 57

Federal Rule of Appellate Procedure 21 .................................................................. 57

Writs of Mandamus and Prohibition, and Other Extraordinary Writs

Federal Circuit Rule 21 ............................................................................................ 59

Writs of Mandamus and Prohibition, and Other Extraordinary Writs

Title VI — Habeas Corpus; Proceedings In Forma Pauperis .................................... 61

Federal Rule of Appellate Procedure 22 .................................................................. 61

Habeas Corpus and Section 2255 Proceedings

Federal Rule of Appellate Procedure 23 .................................................................. 61

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Federal Circuit Rules of Practice (December 1, 2023) Page vi

Custody or Release of a Prisoner in a Habeas Corpus Proceeding

Federal Rule of Appellate Procedure 24 .................................................................. 61

Proceeding in Forma Pauperis

Federal Circuit Rule 24 ............................................................................................ 63

Proceeding in Forma Pauperis

Practice Notes to Rule 24 ......................................................................................... 64

Title VII — General Provisions ................................................................................... 65

Federal Rule of Appellate Procedure 25 .................................................................. 65

Filing and Service

Federal Circuit Rule 25 ............................................................................................ 70

Filing and Service

Practice Notes to Rule 25 ......................................................................................... 79

Federal Circuit Rule 25.1 ......................................................................................... 80

Privacy and Confidentiality

Practice Notes to Rule 25.1 ...................................................................................... 86

Federal Rule of Appellate Procedure 26 .................................................................. 88

Computing and Extending Time

Federal Circuit Rule 26 ............................................................................................ 91

Computing and Extending Time

Practice Notes to Rule 26 ......................................................................................... 93

Federal Rule of Appellate Procedure 26.1 ............................................................... 94

Disclosure Statement

Federal Circuit Rule 26.1 ......................................................................................... 95

Disclosure Statement

Practice Notes to Rule 26.1 ...................................................................................... 95

Federal Rule of Appellate Procedure 27 .................................................................. 96

Motions

Federal Circuit Rule 27 ............................................................................................ 99

Motions

Practice Notes to Rule 27 ....................................................................................... 102

Federal Rule of Appellate Procedure 28 ................................................................ 103

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Federal Circuit Rules of Practice (December 1, 2023) Page vii

Briefs

Federal Circuit Rule 28 .......................................................................................... 107

Briefs

Practice Notes to Rule 28 ....................................................................................... 111

Federal Rule of Appellate Procedure 28.1 ............................................................. 112

Cross-Appeals

Federal Circuit Rule 28.1 ....................................................................................... 115

Cross-Appeals

Practice Notes to Rule 28.1 .................................................................................... 116

Federal Rule of Appellate Procedure 29 ................................................................ 117

Brief of an Amicus Curiae

Federal Circuit Rule 29 .......................................................................................... 120

Brief of an Amicus Curiae

Practice Notes to Rule 29 ....................................................................................... 121

Federal Rule of Appellate Procedure 30 ................................................................ 122

Appendix to the Briefs

Federal Circuit Rule 30 .......................................................................................... 125

Appendix to the Briefs

Practice Notes to Rule 30 ....................................................................................... 134

Federal Rule of Appellate Procedure 31 ................................................................ 135

Serving and Filing Briefs

Federal Circuit Rule 31 .......................................................................................... 136

Serving and Filing Briefs

Federal Rule of Appellate Procedure 32 ................................................................ 139

Form of Briefs, Appendices, and Other Papers

Federal Circuit Rule 32 .......................................................................................... 144

Form of Briefs, Appendices, and Other Papers

Practice Notes to Rule 32 ....................................................................................... 147

Federal Rule of Appellate Procedure 32.1 ............................................................. 149

Citing Judicial Dispositions

Federal Circuit Rule 32.1 ....................................................................................... 149

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Federal Circuit Rules of Practice (December 1, 2023) Page viii

Citing Judicial Dispositions

Practice Notes to Rule 32.1 .................................................................................... 151

Federal Rule of Appellate Procedure 33 ................................................................ 152

Appeal Conferences

Federal Circuit Rule 33 .......................................................................................... 152

Appeal Conferences

Federal Circuit Rule 33.1 ....................................................................................... 152

Federal Rule of Appellate Procedure 34 ................................................................ 153

Oral Argument

Federal Circuit Rule 34 .......................................................................................... 154

Oral Argument

Practice Notes to Rule 34 ....................................................................................... 158

Federal Rule of Appellate Procedure 35 ................................................................ 160

En Banc Determination

Federal Circuit Rule 35 .......................................................................................... 162

En Banc Determination

Practice Notes to Rule 35 ....................................................................................... 167

Federal Rule of Appellate Procedure 36 ................................................................ 168

Entry of Judgment; Notice

Federal Circuit Rule 36 .......................................................................................... 168

Entry of Judgment

Federal Rule of Appellate Procedure 37 ................................................................ 169

Interest on Judgment

Federal Rule of Appellate Procedure 38 ................................................................ 169

Frivolous Appeal

Practice Notes to Rule 38 ....................................................................................... 170

Federal Rule of Appellate Procedure 39 ................................................................ 170

Costs

Federal Circuit Rule 39 .......................................................................................... 172

Costs

Practice Notes to Rule 39 ....................................................................................... 173

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Federal Circuit Rules of Practice (December 1, 2023) Page ix

Federal Rule of Appellate Procedure 40 ................................................................ 174

Petition for Panel Rehearing

Federal Circuit Rule 40 .......................................................................................... 176

Petition for Panel Rehearing

Practice Notes to Rule 40 ....................................................................................... 179

Federal Rule of Appellate Procedure 41 ................................................................ 180

Mandate: Contents; Issuance and Effective Date; Stay

Federal Circuit Rule 41 .......................................................................................... 181

Issuance of Mandate

Practice Notes to Rule 41 ....................................................................................... 181

Federal Rule of Appellate Procedure 42 ................................................................ 182

Voluntary Dismissal

Practice Notes to Rule 42 ....................................................................................... 183

Federal Rule of Appellate Procedure 43 ................................................................ 183

Substitution of Parties

Federal Rule of Appellate Procedure 44 ................................................................ 185

Case Involving a Constitutional Question When the United States or the

Relevant State is Not a Party

Practice Notes to Rule 44 ....................................................................................... 185

Federal Rule of Appellate Procedure 45 ................................................................ 186

Clerk’s Duties

Federal Circuit Rule 45 .......................................................................................... 187

Clerk of Court’s Duties

Federal Rule of Appellate Procedure 46 ................................................................ 190

Attorneys

Federal Circuit Rule 46 .......................................................................................... 192

Attorneys

Practice Notes to Rule 46 ....................................................................................... 193

Federal Rule of Appellate Procedure 47 ................................................................ 194

Local Rules by Courts of Appeals

Federal Circuit Rule 47 .......................................................................................... 195

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Federal Circuit Rules of Practice (December 1, 2023) Page x

Adoption of Local Rules

Federal Circuit Rule 47.1 ....................................................................................... 196

Sessions and Places of Holding Court

Federal Circuit Rule 47.2 ....................................................................................... 196

Panels

Federal Circuit Rule 47.3 ....................................................................................... 197

Representation and Appearance

Practice Notes to Rule 47.3 .................................................................................... 198

Counsel on Appeal.

Federal Circuit Rule 47.4 ....................................................................................... 199

Certificate of Interest

Practice Notes to Rule 47.4 .................................................................................... 200

Federal Circuit Rule 47.5 ....................................................................................... 201

Related Case Disclosure

Practice Notes to Rule 47.5 .................................................................................... 202

Federal Circuit Rule 47.6. ...................................................................................... 202

Docketing Statement

Practice Notes to Rule 47.6 .................................................................................... 202

Federal Circuit Rule 47.7 ....................................................................................... 203

Attorney Fees and Expenses Incurred in This Court

Practice Notes to Rule 47.7 .................................................................................... 204

Federal Circuit Rule 47.8 ....................................................................................... 204

In Camera Proceedings

Federal Circuit Rule 47.9 ....................................................................................... 205

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

Federal Circuit Rule 47.10 ..................................................................................... 207

Dismissal of a Bankruptcy Stay Case

Federal Circuit Rule 47.11 ..................................................................................... 207

Quorum

Federal Circuit Rule 47.12 ..................................................................................... 207

Federal Rule of Appellate Procedure 48 ................................................................ 208

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Federal Circuit Rules of Practice (December 1, 2023) Page xi

Masters

Federal Circuit Rule 49 .......................................................................................... 208

Seal of the Court

Federal Circuit Rule 50 .......................................................................................... 209

Employee and Former Employee

Practice Notes to Rule 50 ....................................................................................... 209

All Future Participation and Assistance Prohibited.

Federal Circuit Rule 51 .......................................................................................... 210

Complaint of Judicial Misconduct or Disability

Federal Circuit Rule 52 .......................................................................................... 210

Fees

Practice Notes to Rule 52 ....................................................................................... 212

Federal Circuit Rule 53 .......................................................................................... 213

Judicial Conference

Federal Circuit Rule 54 .......................................................................................... 214

Library

Federal Circuit Attorney Discipline Rules ............................................................... 215

Introduction ............................................................................................................ 215

Rule 1. Definitions ................................................................................................. 215

Rule 2. Grounds for Discipline .............................................................................. 216

Rule 3. Types of Discipline .................................................................................... 216

Rule 4. Disciplinary Matters Referred to the Court ............................................ 217

Rule 5. Merits/Motions Panel or Standing Panel Procedure ............................... 218

Rule 6. Conviction or Discipline Imposed by Another Court or an Agency ........ 219

Rule 7. Proceedings for Reciprocal Discipline or Conviction of Serious Crime .. 220

Rule 8. Contested Proceedings ............................................................................. 220

Rule 9. Reinstatement .......................................................................................... 222

Rule 10. Access to Information ............................................................................. 223

Rule 11. Effective Date ......................................................................................... 224

Federal Circuit Rules of Practice (December 1, 2023) Page xii

FOREWORD

This document contains the rules for proceedings in the United States

Court of Appeals for the Federal Circuit. These rules include the

Federal Rules of Appellate Procedure and the corresponding Federal

Circuit Rules. The Federal Rules of Appellate Procedure appear on a

shaded blue background for ease in distinguishing them from the

Federal Circuit Rules that are on a white background. Certain

provisions within the Federal Rules of Appellate Procedure are

inapplicable to this court or have been modified by the Federal Circuit

Rule; where appropriate, informational cross-references and

annotations to the relevant Federal Circuit Rule have been added as

footnotes to the Federal Rules of Appellate Procedure. Parties should

review both the Federal Rule and the Federal Circuit Rule for each rule

to determine whether a Federal Circuit Rule provides for additional

requirements or limitations than what is stated in the Federal Rule of

Appellate Procedure. Inapplicable provisions of the Federal Rules of

Appellate Procedure are noted as [OMITTED].

Practice Notes following the various rules are in boxed informational

sections. These Practice Notes discuss matters that are often asked of

the Clerk’s Office staff or provide additional explanatory information

concerning the related rule. Parties may rely on the Practice Notes to

assist in applying the Federal Rules and the Federal Circuit Rules, but

they may not be used to avoid controlling statutes or rules.

The Federal Circuit Attorney Discipline Rules are included in this

document. Other documents are available on the court’s website at

https://www.cafc.uscourts.gov/, including the Internal Operating

Procedures, Electronic Filing Procedures, Guide for Unrepresented

Parties, Appellate Mediation Program Guidelines, Guide for Oral

Argument, and Federal Circuit Forms.

Inquiries about the Rules of Practice may be made to the Clerk’s Office

at 202-275-8000. Public access, email and telephone hours for the

Clerk’s Office are 8:30 a.m. to 4:30 p.m. (Eastern), Monday through

Friday. Please refer to the court’s website for additional contact

information for the Clerk’s Office and various filing resources, argument

resources, electronic filing resources, and unrepresented filer resources

developed by the Clerk’s Office that may be of assistance to you.

Comments on the Rules of Practice are welcome at any time. Please

send comments to FederalCircuitRules@cafc.uscourts.gov or Clerk of

Court, United States Court of Appeals for the Federal Circuit, 717

Madison Place, NW, Washington, DC 20439.

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Federal Circuit Rules of Practice (December 1, 2023) Page 1

TITLE I — APPLICABILITY OF RULES

FEDERAL RULE OF APPELLATE PROCEDURE 1

Scope of Rules; Definition; Title

(a) Scope of Rules.

(1) These rules govern procedure in the United States courts of

appeals.

(2) When these rules provide for filing a motion or other document

in the district court, the procedure must comply with the

practice of the district court.

(b) Definition.

In these rules, ‘state’

includes the District of Columbia and any

United States commonwealth or territory.

These rules are to be known as the Federal Rules of Appellate

Procedure.

FEDERAL CIRCUIT RULE 1

Scope of Rules; Definitions; 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;

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

Veterans Claims.

So in original.

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Federal Circuit Rules of Practice (December 1, 2023) Page 2

FEDERAL CIRCUIT RULE 1

(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;

(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) 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;

(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.

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Federal Circuit Rules of Practice (December 1, 2023) Page 3

FEDERAL CIRCUIT RULE 1

(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.

These rules are to be known as the Federal Circuit Rules.

FEDERAL RULE OF APPELLATE PROCEDURE 2

Suspension of Rules

(a) In a Particular Case. On its own or a party’s motion, a court of

appeals may — to expedite its decision or for other good cause —

suspend any provision of these rules in a particular case and order

proceedings as it directs, except as otherwise provided in Rule 26(b).

(b) In an Appellate Rules Emergency.

(1) Conditions for an Emergency. The Judicial Conference of

the United States may declare an Appellate Rules emergency if

it determines that extraordinary circumstances relating to

public health or safety, or affecting physical or electronic access

to a court, substantially impair the court’s ability to perform its

function in compliance with these rules.

(2) Content. The declaration must:

(A) designate the circuit or circuits affected; and

(B) be limited to a stated period of no more than 90 days.

(3) Early Termination. The Judicial Conference may terminate a

declaration for one or more circuits before the termination date.

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Federal Circuit Rules of Practice (December 1, 2023) Page 4

(4) Additional Declarations. The Judicial Conference may issue

additional declarations under this rule.

(5) Proceedings in a Rules Emergency. When a rules

emergency is declared, the court may:

(A) suspend in all or part of that circuit any provision of these rules,

other than time limits imposed by statute and described in Rule

26(b)(1)-(2); and

(B) order proceedings as it directs.

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Federal Circuit Rules of Practice (December 1, 2023) Page 5

TITLE II — APPEAL FROM A JUDGMENT OR ORDER OF A DISTRICT

COURT

FEDERAL RULE OF APPELLATE PROCEDURE 3

Appeal as of Right — How Taken

(a) Filing the Notice of Appeal.

(1) An appeal permitted by law as of right from a district court to a

court of appeals may be taken only by filing a notice of appeal

with the district clerk within the time allowed by Rule 4. At the

time of filing, the appellant must furnish the clerk with enough

copies of the notice to enable the clerk to comply with Rule 3(d).

(2) An appellant’s failure to take any step other than the timely

filing of a notice of appeal does not affect the validity of the

appeal, but is ground only for the court of appeals to act as it

considers appropriate, including dismissing the appeal.

(3) An appeal from a judgment by a magistrate judge in a civil case

is taken in the same way as an appeal from any other district

court judgment.

(4) An appeal by permission under 28 U.S.C. § 1292(b) or an appeal

in a bankruptcy case may be taken only in the manner

prescribed by Rules 5 and 6, respectively.

(b) Joint or Consolidated Appeals.

(1) When two or more parties are entitled to appeal from a district-

court judgment or order, and their interests make joinder

practicable, they may file a joint notice of appeal. They may

then proceed on appeal as a single appellant.

(2) When the parties have filed separate timely notices of appeal,

the appeals may be joined or consolidated by the court of

appeals.

(1) The notice of appeal must:

(A) specify the party or parties taking the appeal by naming

each one in the caption or body of the notice, but an

attorney representing more than one party may describe

those parties with such terms as “all plaintiffs,” “the

defendants,” “the plaintiffs A, B, et al.,” or “all defendants

except X”;

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Federal Circuit Rules of Practice (December 1, 2023) Page 6

FEDERAL RULE OF APPELLATE PROCEDURE 3

(B) designate the judgment — or appealable order — from

which the appeal is taken; and

(2) A pro se notice of appeal is considered filed on behalf of the

signer and the signer’s spouse and minor children (if they are

parties), unless the notice clearly indicates otherwise.

(3) In a class action, whether or not the class has been certified, the

notice of appeal is sufficient if it names one person qualified to

bring the appeal as representative of the class.

(4) The notice of appeal encompasses all orders that, for purposes

of appeal, merge into the designated judgment or appealable

order. It is not necessary to designate those orders in the notice

of appeal.

(5) In a civil case, a notice of appeal encompasses the final

judgment, whether or not that judgment is set out in a separate

document under Federal Rule of Civil Procedure 58, if the notice

designates:

(A) an order that adjudicates all remaining claims and the

rights and liabilities of all remaining parties; or

(B) an order described in Rule 4(a)(4)(A).

(6) An appellant may designate only part of a judgment or

appealable order by expressly stating that the notice of appeal

is so limited. Without such an express statement, specific

designations do not limit the scope of the notice of appeal.

(7) An appeal must not be dismissed for informality of form or title

of the notice of appeal, for failure to name a party whose intent

to appeal is otherwise clear from the notice, or for failure to

properly designate the judgment if the notice of appeal was filed

after entry of the judgment and designates an order that

merged into that judgment.

(8) Forms 1A and 1B in the Appendix of Forms are suggested forms

of notices of appeal.

Federal Circuit Form 1 is available as a suggested form of a notice of appeal.

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Federal Circuit Rules of Practice (December 1, 2023) Page 7

FEDERAL RULE OF APPELLATE PROCEDURE 3

(d) Serving the Notice of Appeal.

(1) The district clerk must serve notice of the filing of a notice of

appeal by sending a copy to each party’s counsel of record —

excluding the appellant’s — or, if a party is proceeding pro se,

to the party’s last known address. When a defendant in a

criminal case appeals, the clerk must also serve a copy of the

notice of appeal on the defendant. The clerk must promptly

send a copy of the notice of appeal and of the docket entries —

and any later docket entries — to the clerk of the court of

appeals named in the notice. The district clerk must note, on

each copy, the date when the notice of appeal was filed.

(2) If an inmate confined in an institution files a notice of appeal in

the manner provided by Rule 4(c), the district clerk must also

note the date when the clerk docketed the notice.

(3) The district clerk’s failure to serve notice does not affect the

validity of the appeal. The clerk must note on the docket the

names of the parties to whom the clerk sends copies, with the

date of sending. Service is sufficient despite the death of a party

or the party’s counsel.

(e) Payment of Fees.

Upon filing a notice of appeal, the appellant must pay the district clerk

all required fees. The district clerk receives the appellate docket fee

on behalf of the court of appeals.

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Federal Circuit Rules of Practice (December 1, 2023) Page 8

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.

§ 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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Federal Circuit Rules of Practice (December 1, 2023) Page 9

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.

Appeals Under 5 U.S.C. § 3416(c) and Petitions Under 42 U.S.C.

§ 300aa-12(f).

Notices of appeal under 15 U.S.C. § 3416(c) from 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 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 clerks of those courts.

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Federal Circuit Rules of Practice (December 1, 2023) Page 10

FEDERAL RULE OF APPELLATE PROCEDURE 4

Appeal as of Right — When Taken

(a) Appeal in a Civil Case.

(1) Time for Filing a Notice of Appeal.

(A) In a civil case, except as provided in Rules 4(a)(1)(B),

4(a)(4), and 4(c), the notice of appeal required by Rule 3

must be filed with the district clerk within 30 days after

entry of the judgment or order appealed from.

(B) The notice of appeal may be filed by any party within 60

days after entry of the judgment or order appealed from

if one of the parties is:

(i) the United States;

(ii) a United States agency;

(iii) a United States officer or employee sued in an

official capacity; or

(iv) a current or former United States officer or

employee sued in an individual capacity for an act

or omission occurring in connection with duties

performed on the United States’ behalf —

including all instances in which the United States

represents that person when the judgment or

order is entered or files the appeal for that person.

application for a writ of error coram nobis is an appeal in

a civil case for purposes of Rule 4(a).

(2) Filing Before Entry of Judgment.

A notice of appeal filed after the court announces a decision or

order — but before the entry of the judgment or order — is

treated as filed on the date of and after the entry.

(3) Multiple Appeals.

If one party timely files a notice of appeal, any other party

may file a notice of appeal within 14 days after the date when

the first notice was filed, or within the time otherwise

prescribed by this Rule 4(a), whichever period ends later.

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FEDERAL RULE OF APPELLATE PROCEDURE 4

(4) Effect of a Motion on a Notice of Appeal.

(A) If a party files in the district court any of the following

motions under the Federal Rules of Civil Procedure —

and does so within the time allowed by those rules — the

time to file an appeal runs for all parties from the entry

of the order disposing of the last such remaining motion:

(i) for judgment under Rule 50(b);

(ii) to amend or make additional factual findings

under Rule 52(b), whether or not granting the

motion would alter the judgment;

(iii) for attorney’s fees under Rule 54 if the district

court extends the time to appeal under Rule 58;

(iv) to alter or amend the judgment under Rule 59;

(v) for a new trial under Rule 59; or

(vi) for relief under Rule 60 if the motion is filed within

the time allowed for filing a motion under Rule 59.

(B)

(i) If a party files a notice of appeal after the court

announces or enters a judgment — but before it

disposes of any motion listed in Rule 4(a)(4)(A) —

the notice becomes effective to appeal a judgment

or order, in whole or in part, when the order

disposing of the last such remaining motion is

entered.

(ii) A party intending to challenge an order disposing

of any motion listed in Rule 4(a)(4)(A), or a

judgment’s alteration or amendment upon such a

motion, must file a notice of appeal, or an amended

notice of appeal — in compliance with Rule 3(c) —

within the time prescribed by this Rule measured

from the entry of the order disposing of the last

such remaining motion.

(iii) No additional fee is required to file an amended

notice.

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FEDERAL RULE OF APPELLATE PROCEDURE 4

(5) Motion for Extension of Time.

(A) The district court may extend the time to file a notice of

appeal if:

(i) a party so moves no later than 30 days after the

time prescribed by this Rule 4(a) expires; and

(ii) regardless of whether its motion is filed before or

during the 30 days after the time prescribed by

this Rule 4(a) expires, that party shows excusable

neglect or good cause.

(B) A motion filed before the expiration of the time

prescribed in Rule 4(a)(1) or (3) or may be ex parte unless

the court requires otherwise. If the motion is filed after

the expiration of the prescribed time, notice must be

given to the other parties in accordance with local rules.

after the prescribed time or 14 days after the date when

the order granting the motion is entered, whichever is

later.

(6) Reopening the Time to File an Appeal.

The district court may reopen the time to file an appeal for a

period of 14 days after the date when its order to reopen is

entered, but only if all the following conditions are satisfied:

(A) the court finds that the moving party did not receive

notice under Federal Rule of Civil Procedure 77(d) of the

entry of the judgment or order sought to be appealed

within 21 days after entry;

(B) the motion is filed within 180 days after the judgment or

order is entered or within 14 days after the moving party

receives notice under Federal Rule of Civil Procedure

77(d) of the entry, whichever is earlier; and

(7) Entry Defined.

(A) A judgment or order is entered for purposes of this Rule

4(a):

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FEDERAL RULE OF APPELLATE PROCEDURE 4

(i) if Federal Rule of Civil Procedure 58(a) does not

require a separate document, when the judgment

or order is entered in the civil docket under

Federal Rule of Civil Procedure 79(a); or

(ii) if Federal Rule of Civil Procedure 58(a) requires a

separate document, when the judgment or order is

entered in the civil docket under Federal Rule of

Civil Procedure 79(a) and when the earlier of these

events occurs:

• the judgment or order is set forth on a

separate document, or

• 150 days have run from entry of the

judgment or order in the civil docket under

Federal Rule of Civil Procedure 79(a).

(B) A failure to set forth a judgment or order on a separate

document when required by Federal Rule of Civil

Procedure 58(a) does not affect the validity of an appeal

from that judgment or order.

(b) Appeal in a Criminal Case.

(1) Time for Filing a Notice of Appeal.

(A) In a criminal case, a defendant's notice of appeal must be

filed in the district court within 14 days after the later of:

(i) the entry of either the judgment or the order being

appealed; or

(ii) the filing of the government's notice of appeal.

(B) When the government is entitled to appeal, its notice of

appeal must be filed in the district court within 30 days

after the later of:

(i) the entry of the judgment or order being appealed;

(ii) the filing of a notice of appeal by any defendant.

(2) Filing Before Entry of Judgment.

A notice of appeal filed after the court announces a decision,

sentence, or order — but before the entry of the judgment or

order — is treated as filed on the date of and after the entry.

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FEDERAL RULE OF APPELLATE PROCEDURE 4

(3) Effect of a Motion on a Notice of Appeal.

(A) If a defendant timely makes any of the following motions

under the Federal Rules of Criminal Procedure, the

notice of appeal from a judgment of conviction must be

filed within 14 days after the entry of the order disposing

of the last such remaining motion, or within 14 days after

the entry of the judgment of conviction, whichever period

ends later. This provision applies to a timely motion:

(i) for judgment of acquittal under Rule 29;

(ii) for a new trial under Rule 33, but if based on newly

discovered evidence, only if the motion is made no

later than 14 days after the entry of the judgment;

(iii) for arrest of judgment under Rule 34.

(B) A notice of appeal filed after the court announces a

decision, sentence, or order — but before it disposes of

any of the motions referred to in Rule 4(b)(3)(A) —

becomes effective upon the later of the following:

(i) the entry of the order disposing of the last such

remaining motion; or

(ii) the entry of the judgment of conviction.

amendment — to appeal from an order disposing of any

of the motions referred to in Rule 4(b)(3)(A).

(4) Motion for Extension of Time.

Upon a finding of excusable neglect or good cause, the district

court may — before or after the time has expired, with or

without motion and notice — extend the time to file a notice of

appeal for a period not to exceed 30 days from the expiration of

the time otherwise prescribed by this Rule 4(b).

(5) Jurisdiction.

The filing of a notice of appeal under this Rule 4(b) does not

divest a district court of jurisdiction to correct a sentence

under Federal Rule of Criminal Procedure 35(a), nor does the

filing of a motion under 35(a) affect the validity of a notice of

appeal filed before entry of the order disposing of the motion.

The filing of a motion under Federal Rule of Criminal

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FEDERAL RULE OF APPELLATE PROCEDURE 4

Procedure 35(a) does not suspend the time for filing a notice of

appeal from a judgment of conviction.

(6) Entry Defined.

A judgment or order is entered for purposes of this Rule 4(b)

when it is entered on the criminal docket.

(1) If an institution has a system designed for legal mail, an inmate

confined there must use that system to receive the benefit of

this Rule 4(c)(1). If an inmate files a notice of appeal in either

a civil or a criminal case, the notice is timely if it is deposited in

the institution’s internal mail system on or before the last day

for filing and:

(A) it is accompanied by:

(i) a declaration in compliance with 28 U.S.C.

§ 1746 — or a notarized statement — setting out

the date of deposit and stating that first-class

postage is being prepaid; or

(ii) evidence (such as a postmark or date stamp)

showing that the notice was so deposited and that

postage was prepaid; or

(B) the court of appeals exercises its discretion to permit the

later filing of a declaration or notarized statement that

satisfies Rule 4(c)(1)(A)(i).

(2) If an inmate files the first notice of appeal in a civil case under

this Rule 4(c), the 14-day period provided in Rule 4(a)(3) for

another party to file a notice of appeal runs from the date when

the district court dockets the first notice.

(3) When a defendant in a criminal case files a notice of appeal

under this Rule 4(c), the 30-day period for the government to

file its notice of appeal runs from the entry of the judgment or

order appealed from or from the district court’s docketing of the

defendant’s notice of appeal, whichever is later.

(d) Mistaken Filing in the Court of Appeals.

If a notice of appeal in either a civil or a criminal case is mistakenly

filed in the court of appeals, the clerk of that court must note on the

notice the date when it was received and send it to the district clerk.

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FEDERAL RULE OF APPELLATE PROCEDURE 4

The notice is then considered filed in the district court on the date so

noted.

FEDERAL CIRCUIT RULE 4

Appeal as of Right — Untimely Notice

(a) Statutory Deadlines.

This court cannot waive or extend the statutory 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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Federal Circuit Rules of Practice (December 1, 2023) Page 17

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

28 U.S.C. § 2522

(Appeals)

60 days

42 U.S.C. § 300aa-

12(f) (Petitions)

60 days

Court of Appeals

for Veterans

Claims

38 U.S.C. § 7292 60 days

For petitions for review from agencies, see the Practice Notes 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

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PRACTICE NOTES TO RULE 4

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

with a time limit for equitable reasons.

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. This

court’s clerk of court will deactivate an 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, 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 principal brief well before the applicable deadlines. For

further information on expedition procedures, see the Practice Notes

to Rule 27.

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Federal Circuit Rules of Practice (December 1, 2023) Page 19

FEDERAL RULE OF APPELLATE PROCEDURE 5

Appeal by Permission

(a) Petition for Permission to Appeal.

(1) To request permission to appeal when an appeal is within the

court of appeals’ discretion, a party must file a petition with the

circuit clerk and serve it on all other parties to the district-court

action.

(2) The petition must be filed within the time specified by the

statute or rule authorizing the appeal or, if no such time is

specified, within the time provided by Rule 4(a) for filing a

notice of appeal.

(3) If a party cannot petition for appeal unless the district court

first enters an order granting permission to do so or stating that

the necessary conditions are met, the district court may amend

its order, either on its own or in response to a party’s motion, to

include the required permission or statement. In that event,

the time to petition runs from entry of the amended order.

(b) Contents of the Petition; Answer or Cross-Petition; Oral

Argument.

(1) The petition must include the following:

(A) the facts necessary to understand the question

presented;

(B) the question itself;

(D) the reasons why the appeal should be allowed and is

authorized by a statute or rule; and

(E) an attached copy of:

(i) the order, decree, or judgment complained of and

any related opinion or memorandum, and

(ii) any order stating the district court’s permission to

appeal or finding that the necessary conditions are

met.

(2) A party may file an answer in opposition or a cross-petition

within 10 days after the petition is served.

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FEDERAL RULE OF APPELLATE PROCEDURE 5

(3) The petition and answer will be submitted without oral

argument unless the court of appeals orders otherwise.

All papers must conform to Rule 32(c)(2). An original and 3 copies

must be filed unless the court requires a different number by local rule

or by order in a particular case.

Except by the court’s permission, and

excluding the accompanying documents required by Rule 5(b)(1)(E):

(1) a paper produced using a computer must not exceed 5,200

words; and

(2) a handwritten or typewritten paper must not exceed 20 pages.

†

(d) Grant of Permission; Fees; Cost Bond; Filing the Record.

(1) Within 14 days after the entry of the order granting permission

to appeal, the appellant must:

(A) pay the district clerk all required fees; and

(B) file a cost bond if required under Rule 7.

(2) A notice of appeal need not be filed. The date when the order

granting permission to appeal is entered serves as the date of

the notice of appeal for calculating time under these rules.

(3) The district clerk must notify the circuit clerk once the

petitioner has paid the fees. Upon receiving this notice, the

circuit clerk must enter the appeal on the docket. The record

must be forwarded and filed in accordance with Rules 11 and

12(c).

No copies are required. See Fed. Cir. R. 25(c)(3).

†

A petition for permission to appeal, cross-petition, or response must include a certificate of compliance

with the type-volume limitations in accordance if filed under Fed. R. App. P. 5(c)(1). See

Fed. R. App.

P. 32(g).

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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.

FEDERAL RULE OF APPELLATE PROCEDURE 6

Appeal in a Bankruptcy Case from a Final Judgment, Order, or Decree of

a District Court or Bankruptcy Appellate Panel

[OMITTED]

FEDERAL RULE OF APPELLATE PROCEDURE 7

Bond for Costs on Appeal in a Civil Case

In a civil case, the district court may require an appellant to file a bond

or provide other security in any form and amount necessary to ensure

payment of costs on appeal. Rule 8(b) applies to a surety on a bond

given under this rule.

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FEDERAL RULE OF APPELLATE PROCEDURE 8

Stay or Injunction Pending Appeal

(a) Motion for Stay.

(1) Initial Motion in the District Court.

A party must ordinarily move first in the district court for the

following relief:

(A) a stay of the judgment or order of a district court pending

appeal;

(B) approval of a bond or other security provided to obtain a

stay of judgment; or

an injunction while an appeal is pending.

(2) Motion in the Court of Appeals; Conditions on Relief.

A motion for the relief mentioned in Rule 8(a)(1) may be made

to the court of appeals or to one of its judges.

(A) The motion must:

(i) show that moving first in the district court would

be impracticable; or

(ii) state that, a motion having been made, the district

court denied the motion or failed to afford the

relief requested and state any reasons given by the

district court for its action.

(B) The motion must also include:

(i) the reasons for granting the relief requested and

the facts relied on;

(ii) originals or copies of affidavits or other sworn

statements supporting facts subject to dispute;

and

(iii) relevant parts of the record.

motion to all parties.

(D) A motion under this Rule 8(a)(2) must be filed with the

circuit clerk and normally will be considered by a panel

of the court. But in an exceptional case in which time

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FEDERAL RULE OF APPELLATE PROCEDURE 8

requirements make that procedure impracticable, the

motion may be made to and considered by a single judge.

(E) The court may condition relief on a party’s filing a bond

or other security in the district court.

(b) Proceeding Against a Security Provider.

If a party gives security with one or more security providers, each

provider submits to the jurisdiction of the district court and

irrevocably appoints the district clerk as its agent on whom any papers

affecting its liability on the security may be served. On motion, a

security provider’s liability may be enforced in the district court

without the necessity of an independent action. The motion and any

notice that the district court prescribes may be served on the district

clerk, who must promptly send a copy to each security provider whose

address is known.

Rule 38 of the Federal Rules of Criminal Procedure governs a stay in

a criminal case.

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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 or 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) Notice When Requesting Immediate Action.

A party moving for a stay or injunction pending appeal and requesting

immediate action by the court must — before filing — notify all parties

that a motion will be filed.

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

in the trial 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 trial court and remains

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

specifically identifying when it filed the motion in the trial court and why

it is not practicable to await a ruling by the trial court on that motion.

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Federal Circuit Rules of Practice (December 1, 2023) Page 25

PRACTICE NOTES TO RULE 8

Format Requirements.

See Federal Rule of Appellate Procedure 27 for format requirements

concerning motions.

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 RULE OF APPELLATE PROCEDURE 9

Release in a Criminal Case

[OMITTED]

FEDERAL RULE OF APPELLATE PROCEDURE 10

The Record on Appeal

(a) Composition of the Record on Appeal.

The following items constitute the record on appeal:

(1) the original papers and exhibits filed in the district court;

(2) the transcript of proceedings, if any; and

(3) a certified copy of the docket entries prepared by the district

clerk.

(b) The Transcript of Proceedings.

(1) Appellant’s Duty to Order.

Within 14 days after filing the notice of appeal or entry of an

order disposing of the last timely remaining motion of a type

specified in Rule 4(a)(4)(A), whichever is later, the appellant

must do either of the following:

(A) order from the reporter a transcript of such parts of the

proceedings not already on file as the appellant considers

necessary, subject to a local rule of the court of appeals

and with the following qualifications:

(i) the order must be in writing;

(ii) if the cost of the transcript is to be paid by the

United States under the Criminal Justice Act, the

order must so state; and

(iii) the appellant must, within the same period, file a

copy of the order with the district clerk; or

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FEDERAL RULE OF APPELLATE PROCEDURE 10

(B) file a certificate stating that no transcript will be

ordered.

(2) Unsupported Finding or Conclusion.

If the appellant intends to urge on appeal that a finding or

conclusion is unsupported by the evidence or is contrary to the

evidence, the appellant must include in the record a transcript

of all evidence relevant to that finding or conclusion.

(3) Partial Transcript.

Unless the entire transcript is ordered:

(A) the appellant must — within the 14 days provided in

Rule 10(b)(1) — file a statement of the issues that the

appellant intends to present on the appeal and must

serve on the appellee a copy of both the order or

certificate and the statement;

(B) if the appellee considers it necessary to have a transcript

of other parts of the proceedings, the appellee must,

within 14 days after the service of the order or certificate

and the statement of the issues, file and serve on the

appellant a designation of additional parts to be ordered;

and

the appellant has ordered all such parts, and has so

notified the appellee, the appellee may within the

following 14 days either order the parts or move in the

district court for an order requiring the appellant to do

so.

†

The appellant will not be able to file the certificate until this court dockets the appeal. The appellant

must file the certificate as soon as possible once the appeal is docketed if the 14-day period has already

expired.

†

The court’s Docketing Statement (Form 26) satisfies the statement of the issues requirement of Fed.

R. App. P. 10(b)(3)(A). See Fed. Cir. R. 47.6. However, the appellant will not be able to file the

docketing statement until this court dockets the appeal. In order to ensure adequate time to prepare

the transcript and to comply with this rule, the appellant must serve the intended statement of the

issues or Docketing Statement on the appellee within the 14-day period provided in this rule. This

court will accept the later filing of the Docketing Statement based on the timeframe provided in the

court’s

Mediation Guidelines.

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FEDERAL RULE OF APPELLATE PROCEDURE 10

(4) Payment.

At the time of ordering, a party must make satisfactory

arrangements with the reporter for paying the cost of the

transcript.

Recorded or When a Transcript Is Unavailable.

If the transcript of a hearing or trial is unavailable, the appellant may

prepare a statement of the evidence or proceedings from the best

available means, including the appellant’s recollection. The statement

must be served on the appellee, who may serve objections or proposed

amendments within 14 days after being served. The statement and

any objections or proposed amendments must then be submitted to the

district court for settlement and approval. As settled and approved,

the statement must be included by the district clerk in the record on

appeal.

(d) Agreed Statement as the Record on Appeal.

In place of the record on appeal as defined in Rule 10(a), the parties

may prepare, sign, and submit to the district court a statement of the

case showing how the issues presented by the appeal arose and were

decided in the district court. The statement must set forth only those

facts averred and proved or sought to be proved that are essential to

the court’s resolution of the issues. If the statement is truthful, it —

together with any additions that the district court may consider

necessary to a full presentation of the issues on appeal — must be

approved by the district court and must then be certified to the court

of appeals as the record on appeal. The district clerk must then send

it to the circuit clerk within the time provided by Rule 11. A copy of

the agreed statement may be filed in place of the appendix required

by Rule 30.

(e) Correction or Modification of the Record.

(1) If any difference arises about whether the record truly discloses

what occurred in the district court, the difference must be

submitted to and settled by that court and the record conformed

accordingly.

Filing an agreed statement will not waive this court’s appendix requirement. See Fed. Cir. R. 10(b).

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FEDERAL RULE OF APPELLATE PROCEDURE 10

(2) If anything material to either party is omitted from or misstated

in the record by error or accident, the omission or misstatement

may be corrected and a supplemental record may be certified

and forwarded:

(A) on stipulation of the parties;

(B) by the district court before or after the record has been

forwarded; or

(3) All other questions as to the form and content of the record must

be presented to the court of appeals.

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 trial court may direct the parties to

proceed under Federal Rule of Appellate Procedure 10(c) or (d).

(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 30 and Federal Circuit Rule 30.

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Federal Circuit Rules of Practice (December 1, 2023) Page 30

PRACTICE NOTES TO RULE 10

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 Rules of Practice (December 1, 2023) Page 31

FEDERAL RULE OF APPELLATE PROCEDURE 11

Forwarding the Record

(a) Appellant’s Duty.

An appellant filing a notice of appeal must comply with Rule 10(b) and

must do whatever else is necessary to enable the clerk to assemble and

forward the record. If there are multiple appeals from a judgment or

order, the clerk must forward a single record.

(b) Duties of Reporter and District Clerk.

(1) Reporter’s Duty to Prepare and File a Transcript.

The reporter must prepare and file a transcript as follows:

(A) Upon receiving an order for a transcript, the reporter must

enter at the foot of the order the date of its receipt and the

expected completion date and send a copy, so endorsed, to

the circuit clerk.

(B) If the transcript cannot be completed within 30 days of the

reporter’s receipt of the order, the reporter may request the

circuit clerk to grant additional time to complete it. The

clerk must note on the docket the action taken and notify

the parties.

with the district clerk and notify the circuit clerk of the

filing.

(D) If the reporter fails to file the transcript on time, the circuit

clerk must notify the district judge and do whatever else

the court of appeals directs.

(2) District Clerk’s Duty to Forward.

When the record is complete, the district clerk must number the

documents constituting the record and send them promptly to

the circuit clerk together with a list of the documents

correspondingly numbered and reasonably identified. Unless

directed to do so by a party or the circuit clerk, the district clerk

will not send to the court of appeals documents of unusual bulk

or weight, physical exhibits other than documents, or other

parts of the record designated for omission by local rule of the

court of appeals. If the exhibits are unusually bulky or heavy, a

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Federal Circuit Rules of Practice (December 1, 2023) Page 32

FEDERAL RULE OF APPELLATE PROCEDURE 11

party must arrange with the clerks in advance for their

transportation and receipt.

in Preparing the Appeal.

The parties may stipulate, or the district court on motion may order,

that the district clerk retain the record temporarily for the parties to use

in preparing the papers on appeal. In that event, the district clerk must

certify to the circuit clerk that the record on appeal is complete. Upon

receipt of the appellee’s brief, or earlier if the court orders or the parties

agree, the appellant must request the district clerk to forward the

record.

†

(d) [Abrogated.]

(e) Retaining the Record by Court Order.

(1) The court of appeals may, by order or local rule, provide that a

certified copy of the docket entries be forwarded instead of the

entire record. But a party may at any time during the appeal

request that designated parts of the record be forwarded.

‡

(2) The district court may order the record or some part of it retained

if the court needs it while the appeal is pending, subject, however,

to call by the court of appeals.

(3) If part or all of the record is ordered retained, the district clerk

must send to the court of appeals a copy of the order and the

docket entries together with the parts of the original record

allowed by the district court and copies of any parts of the record

designated by the parties.

The district court clerk must retain the record and must not send the record to this court. See Fed.

Cir. R. 11(a)(1).

†

This procedure is not necessary as the district court clerk must retain the record for appeals to this

court. See Fed. Cir. R. 11(a)(1)

‡

For any request that the district court forward the record, including physical exhibits, the party must

direct that request to this court in the form of a motion. See Fed. Cir. R. 11(a)(1)(A)

(continued on the next page)

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Federal Circuit Rules of Practice (December 1, 2023) Page 33

(f) Retaining Parts of the Record in the District Court by

Stipulation of the Parties.

The parties may agree by written stipulation filed in the district court

that designated parts of the record be retained in the district court

subject to call by the court of appeals or request by a party. The parts

of the record so designated remain a part of the record on appeal.

(g) Record for a Preliminary Motion in the Court of Appeals.

If, before the record is forwarded, a party makes any of the following

motions in the court of appeals:

• for dismissal;

• for release;

• for a stay pending appeal;

• for additional security on the bond on appeal or on a bond or other

security provided to obtain a stay of judgment; or

• for any other intermediate order —

the district clerk must send the court of appeals any parts of the record

designated by any party.

†

This procedure is not necessary as the district court clerk must retain the record for appeals to this

court. See Fed. Cir. R. 11(a)(1)

†

The district court clerk must retain the record and must not send the record to this court. See Fed.

Cir. R. 11(a)(1).

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Federal Circuit Rules of Practice (December 1, 2023) Page 34

FEDERAL CIRCUIT RULE 11

Forwarding the Record

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

Archival Storage.

(1) Record and Docket.

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.

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

orders and modification thereof.

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Federal Circuit Rules of Practice (December 1, 2023) Page 35

FEDERAL RULE OF APPELLATE PROCEDURE 12

Docketing the Appeal; Filing a Representation Statement; Filing the Record

(a) Docketing the Appeal.

Upon receiving the copy of the notice of appeal and the docket entries

from the district clerk under Rule 3(d), the circuit clerk must docket the

appeal under the title of the district-court action and must identify the

appellant, adding the appellant’s name if necessary.

(b) Filing a Representation Statement.

Unless the court of appeals designates another time, the attorney who

filed the notice of appeal must, within 14 days after filing the notice, file

a statement with the circuit clerk naming the parties that the attorney

represents on appeal.

Upon receiving the record, partial record, or district clerk’s certificate as

provided in Rule 11, the circuit clerk must file it and immediately notify

all parties of the filing date.

FEDERAL CIRCUIT RULE 12

Docketing the Appeal

(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.

See the Practice Notes to Rule 12 (Representation Statement) for information concerning how to

satisfy this requirement.

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Federal Circuit Rules of Practice (December 1, 2023) Page 36

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.

Representation Statement.

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

by filing the entry of appearance required under Federal Circuit Rule

47.3. 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.

Trial Court Intervenors.

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.

Transferred Appeal.

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

number and may 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.

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Federal Circuit Rules of Practice (December 1, 2023) Page 37

FEDERAL RULE OF APPELLATE PROCEDURE 12.1

Remand After an Indicative Ruling by the District Court on a Motion for

Relief That Is Barred by a Pending Appeal

(a) Notice to the Court of Appeals.

If a timely motion is made in the district court for relief that it lacks

authority to grant because of an appeal that has been docketed and is

pending, the movant must promptly notify the circuit clerk if the

district court states either that it would grant the motion or that the

motion raises a substantial issue.

(b) Remand After an Indicative Ruling.

If the district court states that it would grant the motion or that the

motion raises a substantial issue, the court of appeals may remand for

further proceedings but retains jurisdiction unless it expressly

dismisses the appeal. If the court of appeals remands but retains

jurisdiction, the parties must promptly notify the circuit clerk when

the district court has decided the motion on remand.

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Federal Circuit Rules of Practice (December 1, 2023) Page 38

TITLE III — APPEALS FROM THE UNITED STATES TAX COURT

FEDERAL RULE OF APPELLATE PROCEDURE 13

Review of a Decision of the Tax Court

[OMITTED]

FEDERAL RULE OF APPELLATE PROCEDURE 14

Applicability of Other Rules to the Review of a Tax Court Decision

[OMITTED]

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Federal Circuit Rules of Practice (December 1, 2023) Page 39

TITLE IV — REVIEW OR ENFORCEMENT OF AN ORDER OF AN

ADMINISTRATIVE AGENCY, BOARD, COMMISSION, OR OFFICER

FEDERAL RULE OF APPELLATE PROCEDURE 15

Review or Enforcement of an Agency Order

(a) Petition for Review; Joint Petition.

(1) Review of an agency order is commenced by filing, within the

time prescribed by law, a petition for review with the clerk of a

court of appeals authorized to review the agency order. If their

interests make joinder practicable, two or more persons may

join in a petition to the same court to review the same order.

(2) The petition must:

(A) name each party seeking review either in the caption or

the body of the petition — using such terms as “et al.,”

“petitioners,” or “respondents” does not effectively name

the parties;

(B) name the agency as a respondent (even though not

named in the petition, the United States is a respondent

if required by statute); and

(3) Form 3 in the Appendix of Forms is a suggested form of a

petition for review.

†

(4) In this rule “agency” includes an agency, board, commission, or

officer; “petition for review” includes a petition to enjoin,

suspend, modify, or otherwise review, or a notice of appeal,

whichever form is indicated by the applicable statute.

The petition must also include contact information for the counsel or unrepresented party filing the

petition. See Fed. Cir. R. 15(a)(3)

. A petition from an arbitrator’s decision must include contact

information for the arbitrator as well. See Fed. Cir. R. 15(d).

†

Federal Circuit Form 5 is available for a petition for review to this court.

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Federal Circuit Rules of Practice (December 1, 2023) Page 40

FEDERAL RULE OF APPELLATE PROCEDURE 15

(b) Application or Cross-Application to Enforce an Order;

Answer; Default.

(1) An application to enforce an agency order must be filed with the

clerk of a court of appeals authorized to enforce the order. If a

petition is filed to review an agency order that the court may

enforce, a party opposing the petition may file a cross-

application for enforcement.

(2) Within 21 days after the application for enforcement is filed, the

respondent must serve on the applicant an answer to the

application and file it with the clerk. If the respondent fails to

answer in time, the court will enter judgment for the relief

requested.

(3) The application must contain a concise statement of the

proceedings in which the order was entered, the facts upon

which venue is based, and the relief requested.

The circuit clerk must serve a copy of the petition for review, or an

application or cross-application to enforce an agency order, on each

respondent as prescribed by Rule 3(d), unless a different manner of

service is prescribed by statute. At the time of filing, the petitioner

must:

(1) serve, or have served, a copy on each party admitted to

participate in the agency proceedings, except for the

respondents;

(2) file with the clerk a list of those so served; and

(3) give the clerk enough copies of the petition or application to

serve each respondent.

(d) Intervention.

Unless a statute provides another method, a person who wants to

intervene in a proceeding under this rule must file a motion for leave

to intervene with the circuit clerk and serve a copy on all parties. The

motion — or other notice of intervention authorized by statute — must

be filed within 30 days after the petition for review is filed and must

contain a concise statement of the interest of the moving party and the

grounds for intervention.

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Federal Circuit Rules of Practice (December 1, 2023) Page 41

FEDERAL RULE OF APPELLATE PROCEDURE 15

(e) Payment of Fees.

When filing any separate or joint petition for review in a court of

appeals, the petitioner must pay the circuit clerk all required fees.

FEDERAL CIRCUIT RULE 15

Review of an Agency Order or Action

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

Contact Information of Counsel or Unrepresented Petitioner

or Appellant.

(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. The appellant must simultaneously file the notice

with the clerk of court. The Director must promptly advise the

clerk of court whether the notice is 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.

(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) Contact Information of Counsel or Unrepresented

Petitioner or Appellant.

Each petition for review or notice of appeal must contain the

counsel’s — or the unrepresented petitioner’s or appellant’s —

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

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Federal Circuit Rules of Practice (December 1, 2023) Page 42

FEDERAL CIRCUIT RULE 15

(4) Filing and Payment.

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).

(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.

(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, the agency or any party may advise the

clerk of court concerning the untimeliness of the 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 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.

(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 file a statement indicating whether or not a claim of

discrimination by reason of race, color, religion, sex, age,

national origin, or handicapping condition has been or will be

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Federal Circuit Rules of Practice (December 1, 2023) Page 43

FEDERAL CIRCUIT RULE 15

made in the case. A petitioner must file the statement on the

form prescribed by the court.

(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) Arbitrator Contact Information.

Any 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 Under 38 U.S.C. § 502.

(1) Time 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 six (6) years after

issuance of the action challenged in the petition. See 28 U.S.C.

§ 2401(a).

(2) Parties.

The Secretary of Veterans Affairs must be named the

respondent.

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Federal Circuit Rules of Practice (December 1, 2023) Page 44

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.

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Federal Circuit Rules of Practice (December 1, 2023) Page 45

PRACTICE NOTES TO RULE 15

Time to Appeal or Petition.

The table below is provided only as a convenience to parties, 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

and the event that starts the period.

AGENCY STATUTE TIME

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

Board of Contract

Appeals

41 U.S.C. § 7107 120 days

Board of Directors, Office

of Congressional

Workplace Rights

2 U.S.C. § 1407(c)(3) 90 days

Bureau of Justice

Assistance

42 U.S.C. § 3796c-2 90 days

Government

Accountability Office

Personnel Appeals Board

31 U.S.C. § 755 30 days

International Trade

Commission

19 U.S.C. § 1337 60 days

Merit Systems

Protection Board

5 U.S.C. § 7703 60 days

Patent Trial and Appeal

Board; Trademark Trial

and Appeal Board;

Director of the United

States Patent and

Trademark Office

35 U.S.C. § 142; 15

U.S.C. § 1071; 37 C.F.R.

§§ 90.3(a)(1), 1.304, 2.145

2 months

or 63 days

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Federal Circuit Rules of Practice (December 1, 2023) Page 46

PRACTICE NOTES TO RULE 15

AGENCY STATUTE TIME

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

Secretary of Veterans

Affairs

38 U.S.C. § 502;

Fed. Cir.

R. 15(f)

60 days

Filing in the Patent and Trademark Office.

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

be addressed to

Office of the General Counsel

United States Patent and Trademark Office

P.O. 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

10B20, Madison Building East

600 Dulany Street, Alexandria, Virginia.

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.

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Federal Circuit Rules of Practice (December 1, 2023) Page 47

PRACTICE NOTES TO RULE 15

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 after 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.

Statement Concerning Discrimination.

Using Federal Circuit Form 10 satisfies the requirements under

Federal Circuit Rule 15(c). The clerk of court will include 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.

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 appeals, cross-appeals, or petitions for

review from rulings in the same underlying proceeding, the petitions

or appeals will usually be consolidated by 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.

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Federal Circuit Rules of Practice (December 1, 2023) Page 48

PRACTICE NOTES TO RULE 15

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.

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.

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.

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 principal brief well before the deadline for such

actions. For further information on expedition procedures, see the

Practice Notes to Rule 27.

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.

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Federal Circuit Rules of Practice (December 1, 2023) Page 49

FEDERAL RULES OF APPELLATE PROCEDURE 15.1

Briefs and Oral Argument in a National Labor

Relations Board

Proceeding

[OMITTED]

FEDERAL RULE OF APPELLATE PROCEDURE 16

The Record on Review or Enforcement

(a) Composition of the Record.

The record on review or enforcement of an agency order consists of:

(1) the order involved;

(2) any findings or report on which it is based; and

(3) the pleadings, evidence, and other parts of the proceedings

before the agency.

(b) Omissions from or Misstatements in the Record.

The parties may at any time, by stipulation, supply any omission from

the record or correct a misstatement, or the court may so direct. If

necessary, the court may direct that a supplemental record be

prepared and filed.

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Federal Circuit Rules of Practice (December 1, 2023) Page 50

FEDERAL RULE OF APPELLATE PROCEDURE 17

Filing the Record

(a) Agency to File; Time for Filing; Notice of Filing.

The agency must file the record with the circuit clerk within 40 days

after being served with a petition for review, unless the statute

authorizing review provides otherwise, or within 40 days after it files

an application for enforcement unless the respondent fails to answer

or the court orders otherwise. The court may shorten or extend the

time to file the record. The clerk must notify all parties of the date

when the record is filed.

(b) Filing — What Constitutes.

(1) The agency must file:

(A) the original or a certified copy of the entire record or

parts designated by the parties; or

(B) a certified list adequately describing all documents,

transcripts of testimony, exhibits, and other material

constituting the record, or describing those parts

designated by the parties.

(2) The parties may stipulate in writing that no record or certified

list be filed. The date when the stipulation is filed with the

circuit clerk is treated as the date when the record is filed.

(3) The agency must retain any portion of the record not filed with

the clerk. All parts of the record retained by the agency are a

part of the record on review for all purposes and, if the court or

a party so requests, must be sent to the court regardless of any

prior stipulation.

The agency must retain the record and must only send this court the certified list or index. See Fed.

Cir. R. 15(a).

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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 this 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.

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.

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Federal Circuit Rules of Practice (December 1, 2023) Page 52

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) Protective Orders.

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

orders and modification thereof.

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.

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Federal Circuit Rules of Practice (December 1, 2023) Page 53

FEDERAL RULE OF APPELLATE PROCEDURE 18

Stay Pending Review

(a) Motion for a Stay.

(1) Initial Motion Before the Agency.

A petitioner must ordinarily move first before the agency for a

stay pending review of its decision or order.

(2) Motion in the Court of Appeals.

A motion for a stay may be made to the court of appeals or one

of its judges.

(A) The motion must:

(i) show that moving first before the agency would be

impracticable; or

(ii) state that, a motion having been made, the agency

denied the motion or failed to afford the relief

requested and state any reasons given by the

agency for its action.

(B) The motion must also include:

(i) the reasons for granting the relief requested and

the facts relied on;

(ii) originals or copies of affidavits or other sworn

statements supporting facts subject to dispute;

and

(iii) relevant parts of the record.

motion to all parties.

(D) The motion must be filed with the circuit clerk and

normally will be considered by a panel of the court. But

in an exceptional case in which time requirements make

that procedure impracticable, the motion may be made to

and considered by a single judge.

(b) Bond.

The court may condition relief on the filing of a bond or other

appropriate security.

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Federal Circuit Rules of Practice (December 1, 2023) Page 54

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) Notice When Requesting Immediate Action.

A party moving for a stay or injunction pending review and requesting

immediate action by the court must — before filing — notify all

parties that a motion will be filed.

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 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.

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Federal Circuit Rules of Practice (December 1, 2023) Page 55

PRACTICE NOTES TO RULE 18

Format Requirements.

See Federal Rule of Appellate Procedure 27 for format requirements

concerning motions.

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

emergencyfiling[email protected]s.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 Rules of Practice (December 1, 2023) Page 56

FEDERAL RULE OF APPELLATE PROCEDURE 19

Settlement of a Judgment Enforcing an Agency Order in Part

When the court files an opinion directing entry of judgment enforcing

the agency’s order in part, the agency must within 14 days file with

the clerk and serve on each other party a proposed judgment

conforming to the opinion. A party who disagrees with the agency’s

proposed judgment must within 10 days file with the clerk and serve

the agency with a proposed judgment that the party believes conforms

to the opinion. The court will settle the judgment and direct entry

without further hearing or argument.

FEDERAL RULE OF APPELLATE PROCEDURE 20

Applicability of Rules to the Review or Enforcement of an Agency Order

All provisions of these rules, except Rules 3–14 and 22–23, apply to

the review or enforcement of an agency order. In these rules,

“appellant” includes a petitioner or applicant, and “appellee” includes

a respondent.

FEDERAL CIRCUIT RULE 20

Applicability of Rules to the Review of an Agency Order or Action

All provisions of these Federal Circuit Rules, except Federal Circuit

Rules 3–12, apply to the review of an agency order. In these Federal

Circuit Rules, “appellant” includes a petitioner or applicant, and

“appellee” includes a respondent.

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Federal Circuit Rules of Practice (December 1, 2023) Page 57

TITLE V — EXTRAORDINARY WRITS

FEDERAL RULE OF APPELLATE PROCEDURE 21

Writs of Mandamus and Prohibition, and Other Extraordinary Writs

(a) Mandamus or Prohibition to a Court: Petition, Filing, Service,

and Docketing.

(1) A party petitioning for a writ of mandamus or prohibition

directed to a court must file the petition with the circuit clerk

and serve it on all parties to the proceeding in the trial court.

The party must also provide a copy to the trial-court judge. All

parties to the proceeding in the trial court other than the

petitioner are respondents for all purposes.

(2) (A) The petition must be titled “In re [name of petitioner].”

(B) The petition must state:

(i) the relief sought;

(ii) the issues presented;

(iii) the facts necessary to understand the issue

presented by the petition; and

(iv) the reasons why the writ should issue.

or parts of the record that may be essential to understand

the matters set forth in the petition.

(3) Upon receiving the prescribed docket fee, the clerk must docket

the petition and submit it to the court.

(b) Denial; Order Directing Answer; Briefs; Precedence.

(1) The court may deny the petition without an answer. Otherwise,

it must order the respondent, if any, to answer within a fixed

time.

(2) The clerk must serve the order to respond on all persons

directed to respond.

(3) Two or more respondents may answer jointly.

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FEDERAL RULE OF APPELLATE PROCEDURE 21

(4) The court of appeals may invite or order the trial-court judge to

address the petition or may invite an amicus curiae to do so.

The trial-court judge may request permission to address the

petition but may not do so unless invited or ordered to do so by

the court of appeals.

(5) If briefing or oral argument is required, the clerk must advise

the parties, and when appropriate, the trial-court judge or

amicus curiae.

(6) The proceeding must be given preference over ordinary civil

cases.

(7) The circuit clerk must send a copy of the final disposition to the

trial-court judge.

An application for an extraordinary writ other than one provided for

in Rule 21(a) must be made by filing a petition with the circuit clerk

and serving it on the respondents. Proceedings on the application

must conform, so far as is practicable, to the procedures prescribed in

Rule 21(a) and (b).

(d) Form of Papers; Number of Copies; Length Limits.

All papers must conform to Rule 32(c)(2). An original and 3 copies

must be filed unless the court requires the filing of a different number

by local rule or by order in a particular case.

Except by the court’s

permission, and excluding the accompanying documents required by

Rule 21(a)(2)(C):

(1) a paper produced using a computer must not exceed 7,800

words; and

(2) a handwritten or typewritten paper must not exceed 30 pages.

†

No copies are required. See Fed. Cir. R. 21(c)(1); Fed. Cir. R. 25(c)(3).

†

A petition for writ of mandamus or prohibition and any response must include a certificate of

compliance with the type-volume limitations if filed under Fed. R. App. P. 21(d)(1). See

Fed. R. App.

P. 32(g).

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Federal Circuit Rules of Practice (December 1, 2023) Page 59

FEDERAL CIRCUIT RULE 21

Writs of Mandamus and Prohibition, and Other Extraordinary Writs

(a) Title; Fee; Response.

(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 unrepresented.

(3) The petition must include 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.

(5) No response may be filed unless ordered by the court.

(b) 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 after 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 electronically or fifteen (15) pages otherwise.

(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.

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Federal Circuit Rules of Practice (December 1, 2023) Page 60

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.

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Federal Circuit Rules of Practice (December 1, 2023) Page 61

TITLE VI — HABEAS CORPUS; PROCEEDINGS IN FORMA PAUPERIS

FEDERAL RULE OF APPELLATE PROCEDURE 22

Habeas Corpus and Section 2255 Proceedings

[OMITTED]

FEDERAL RULE OF APPELLATE PROCEDURE 23

Custody or Release of a Prisoner in a Habeas Corpus Proceeding

[OMITTED]

FEDERAL RULE OF APPELLATE PROCEDURE 24

Proceeding in Forma Pauperis

(a) Leave to Proceed in Forma Pauperis.

(1) Motion in the District Court.

Except as stated in Rule 24(a)(3), a party to a district-court

action who desires to appeal in forma pauperis must file a

motion in the district court. The party must attach an

affidavit that:

(A) shows in the detail prescribed by Form 4 of the Appendix

of Forms the party’s inability to pay or to give security

for fees and costs;

(B) claims an entitlement to redress; and

appeal.

(2) Action on the Motion.

If the district court grants the motion, the party may proceed

on appeal without prepaying or giving security for fees and

Federal Circuit Form 6 is this court’s version of Form 4.

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FEDERAL RULE OF APPELLATE PROCEDURE 24

costs, unless a statute provides otherwise. If the district court

denies the motion, it must state its reasons in writing.

(3) Prior Approval.

A party who was permitted to proceed in forma pauperis in the

district-court action, or who was determined to be financially

unable to obtain an adequate defense in a criminal case, may

proceed on appeal in forma pauperis without further

authorization, unless:

(A) the district court — before or after the notice of appeal is

filed — certifies that the appeal is not taken in good faith

or finds that the party is not otherwise entitled to proceed

in forma pauperis and states in writing its reasons for

the certification or finding; or

(B) a statute provides otherwise.

(4) Notice of District Court’s Denial.

The district clerk must immediately notify the parties and the

court of appeals when the district court does any of the

following:

(A) denies a motion to proceed on appeal in forma pauperis;

(B) certifies that the appeal is not taken in good faith; or

in forma pauperis.

(5) Motion in the Court of Appeals.

A party may file a motion to proceed on appeal in forma

pauperis in the court of appeals within 30 days after service of

the notice prescribed in Rule 24(a)(4). The motion must

include a copy of the affidavit filed in the district court and the

district court’s statement of reasons for its action. If no

affidavit was filed in the district court, the party must include

the affidavit prescribed by Rule 24(a)(1).

(b) Leave to Proceed in Forma Pauperis on Appeal from the

United States Tax Court or on Appeal or Review of an

Administrative Agency Proceeding.

A party may file in the court of appeals a motion for leave to proceed

on appeal in forma pauperis with an affidavit prescribed by Rule

24(a)(1):

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FEDERAL RULE OF APPELLATE PROCEDURE 24

(1) in an appeal from the United States Tax Court; and

(2) when an appeal or review of a proceeding before an

administrative agency, board, commission, or officer proceeds

directly in the court of appeals.

A party allowed to proceed on appeal in forma pauperis may request

that the appeal be heard on the original record without reproducing

any part.

FEDERAL CIRCUIT RULE 24

Proceeding in Forma Pauperis

(a) Form.

Within fourteen (14) days after docketing, parties 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. 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 the motion and affidavit,

the movant must file a supplemental form for prisoners.

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Federal Circuit Rules of Practice (December 1, 2023) Page 64

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 Rule 30(h); Federal Circuit Forms 11–17.

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 Unrepresented

Petitioners and Appellants for further information.

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).

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Federal Circuit Rules of Practice (December 1, 2023) Page 65

TITLE VII — GENERAL PROVISIONS

FEDERAL RULE OF APPELLATE PROCEDURE 25

Filing and Service

(a) Filing.

(1) Filing with the Clerk.

A paper required or permitted to be filed in a court of appeals

must be filed with the clerk.

(2) Filing: Method and Timeliness.

(A) Nonelectronic Filing.

(i) In General. For a paper not filed electronically,

filing may be accomplished by mail addressed to

the clerk, but filing is not timely unless the clerk

receives the papers within the time fixed for filing.

(ii) A Brief or Appendix. A brief or appendix not

filed electronically is timely filed, however, if on or

before the last day for filing, it is:

• mailed to the clerk by first-class mail, or

other class of mail that is at least as

expeditious, postage prepaid; or

• dispatched to a third-party commercial

carrier for delivery to the clerk within 3

days.

(iii) Inmate Filing. If an institution has a system

designed for legal mail, an inmate confined there

must use that system to receive the benefit of this

Rule 25(a)(2)(A)(iii). A paper not filed

electronically by an inmate is timely if it is

deposited in the institution’s internal mail system

on or before the last day for filing and:

• it is accompanied by: a declaration in

compliance with 28 U.S.C. § 1746 — or a

notarized statement — setting out the date

of deposit and stating that first-class

postage is being prepaid; or evidence (such

as a postmark or date stamp) showing that

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FEDERAL RULE OF APPELLATE PROCEDURE 25

the paper was so deposited and that postage

was prepaid; or

• the court of appeals exercises its discretion

to permit the later filing of a declaration or

notarized statement that satisfies Rule

25(a)(2)(A)(iii).

(B) Electronic Filing and Signing.

(i) By a Represented Person — Generally

Required; Exceptions. A person represented by

an attorney must file electronically, unless

nonelectronic filing is allowed by the court for good

cause or is allowed or required by local rule.

(ii) By an Unrepresented Person — When

Allowed or Required. A person not represented

by an attorney:

• may file electronically only if allowed by

court order or by local rule; and

• may be required to file electronically only by

court order, or by a local rule that includes

reasonable exceptions.

†

(iii) Signing. A filing made through a person’s

electronic-filing account and authorized by that

person, together with that person’s name on a

signature block, constitutes the person’s

signature.

‡

(iv) Same as a Written Paper. A paper filed

electronically is a written paper for purposes of

these rules.

See Fed. Cir. R. 25(c)(1)(A)–(B) and Fed. Cir. R. 30(i) for situations where a person represented by an

attorney may file in paper.

†

Fed. Cir. R. 25(a)(1)(B) authorizes the clerk of court to permit electronic filing for unrepresented

parties which began on October 1, 2020.

‡

The acceptable formats for the electronic signature are described in Fed. Cir. 25(g)(1)(A). The oath of

admission to the Federal Circuit bar requires a handwritten signature. See Fed. Cir. R. 25(g)(2).

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FEDERAL RULE OF APPELLATE PROCEDURE 25

(3) Filing a Motion with a Judge.

If a motion requests relief that may be granted by a single

judge, the judge may permit the motion to be filed with the

judge; the judge must note the filing date on the motion and

give it to the clerk.

(4) Clerk’s Refusal of Documents.

The clerk must not refuse to accept for filing any paper

presented for that purpose solely because it is not presented in

proper form as required by these rules or by any local rule or

practice.

(5) Privacy Protection.

An appeal in a case whose privacy protection was governed by

Federal Rule of Bankruptcy Procedure 9037, Federal Rule of

Civil Procedure 5.2, or Federal Rule of Criminal Procedure

49.1 is governed by the same rule on appeal. In all other

proceedings, privacy protection is governed by Federal Rule of

Civil Procedure 5.2, except that Federal Rule of Criminal

Procedure 49.1 governs when an extraordinary writ is sought

in a criminal case. The provisions on remote electronic access

in Federal Rule of Civil Procedure 5.2(c)(1) and (2) apply in a

petition for review of a benefits decision of the Railroad

Retirement Board under the Railroad Retirement Act.

(b) Service of All Papers Required.

Unless a rule requires service by the clerk, a party must, at or before

the time of filing a paper, serve a copy on the other parties to the

appeal or review. Service on a party represented by counsel must be

made on the party’s counsel.

(1) Nonelectronic service may be any of the following:

(A) personal, including delivery to a responsible person at

the office of counsel;

(B) by mail;

days.

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FEDERAL RULE OF APPELLATE PROCEDURE 25

(2) Electronic service of a paper may be made (A) by sending it to a

registered user by filing it with the court’s electronic-filing

system or (B) by sending it by other electronic means that the

person to be served consented to in writing.

(3) When reasonable considering such factors as the immediacy of

the relief sought, distance, and cost, service on a party must be

by a manner at least as expeditious as the manner used to file

the paper with the court.

(4) Service by mail or by commercial carrier is complete on mailing

or delivery to the carrier. Service by electronic means is

complete on filing or sending, unless the party making service

is notified that the paper was not received by the party served.

(d) Proof of Service.

(1) A paper presented for filing must contain either of the following

if it was served other than through the court’s electronic-filing

system:

(A) an acknowledgment of service by the person served; or

(B) proof of service consisting of a statement by the person

who made service certifying:

(i) the date and manner of service;

(ii) the names of the persons served; and

(iii) their mail or electronic addresses, facsimile

numbers, or the addresses of the places of delivery,

as appropriate for the manner of service.

(2) When a brief or appendix is filed by mailing or dispatch in

accordance with Rule 25(a)(2)(A)(ii), the proof of service must

also state the date and manner by which the document was

mailed or dispatched to the clerk.

(3) Proof of service may appear on or be affixed to the papers filed.

(e) Number of Copies.

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FEDERAL RULE OF APPELLATE PROCEDURE 25

When these rules require the filing or furnishing of a number of copies,

a court may require a different number by local rule or by order in a

particular case.

All of this court’s paper copy requirements are consolidated under Fed. Cir. R. 25(c)(3).

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FEDERAL CIRCUIT RULE 25

Filing and Service

(a) General Filing Requirements.

(1) Filing Methods.

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.

Parties represented by counsel must submit all

documents 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.

(B) Unrepresented Parties.

Following public notice, the clerk of court may provide for

unrepresented parties to 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 documents in

paper form or 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. An unrepresented

party may use either method to submit case-initiating

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.

Ed. Note: Electronic filing for unrepresented parties was made available beginning on October 1,

2020.

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FEDERAL CIRCUIT RULE 25

(2) Electronic Filer Registration.

Attorneys who appear before this court and unrepresented

parties choosing to file electronically must register for the

court’s electronic filing system. Registration requirements are

located in the court’s Electronic Filing Procedures.

Registration for electronic filing is not a substitute for

admission to the bar or appearance in a case. Unrepresented

paper filers may register for electronic filing at any point, and

they may elect to file electronically after registration is

approved by the court.

(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

Ed. Note: The Electronic Filing Procedures adopted by the clerk of court are available on the court’s

website at https://cafc.uscourts.gov/wp-content/uploads/ElectronicFilingProcedures.pdf

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FEDERAL CIRCUIT RULE 25

of court may result in the suspension of electronic filing

privileges or missed notifications.

(b) Case-Initiating 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 been docketed.

(1) Electronic Submissions.

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

date registered by the 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) Nonelectronic Submissions.

Unrepresented parties or parties represented at the lower

tribunal by counsel who are not members of the bar of this

court may choose to submit case-initiating documents in

paper. Only one paper copy is required of any case-initiating

document submitted in paper. Once the notice of docketing is

issued, an unrepresented party must follow Federal Circuit

Rule 25(a)(1).

(1) Submissions by Electronic Filers.

A document submitted electronically is deemed filed on the

date and time stated on the Notice of Docket Activity

generated from the court’s electronic filing system. Paper

copies must not be provided to the court except to the extent

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

court.

(A) Motion for Exemption.

A 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.

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FEDERAL CIRCUIT RULE 25

(B) Items 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 physical form without leave of court. The party

must file electronically a Notice of Physical 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. If such an item is part of a

brief, appendix, or petition, then additional copies must

be provided 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.

An electronic filer whose filing is untimely as the result

of a technical or system failure may file a motion for leave

to file out of time that includes (1) a declaration or

affidavit attesting to the failed attempts to file

electronically and (2) the document that could not be filed

due to the technical or system failure.

(2) Submissions by Nonelectronic Filers.

A document submitted 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 the court except to the extent

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

court.

(A) Originals.

Nonelectronic 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.

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FEDERAL CIRCUIT RULE 25

(B) Paper Records.

The 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.

(3) Paper Copies.

Except 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.

Thirteen (13) 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.

(D) Briefs and Appendices in En Banc Cases.

If the court orders en banc hearing or rehearing, twenty-

six (26) 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

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FEDERAL CIRCUIT RULE 25

that order. Twenty-six (26) 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.

(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.

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 the court’s Electronic Filing

Procedures.

(e) Service.

(1) Electronic Filings.

A filing does not require proof of service if it is served on all

parties through the court’s electronic filing system. Service of

a filing to a user’s email address registered with the court’s

electronic filing system at the time of the filing constitutes

valid service, even if the user has failed to timely provide an

updated valid email address and the served email address is

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FEDERAL CIRCUIT RULE 25

invalid. Any nonelectronic filers in the case must be served in

paper or by an alternative method of service permitted by

Federal Rule of Appellate Procedure 25(c); the filing must

include proof of service noting the method of service.

(2) Paper or Physical Filings.

A copy of any original filing submitted to the court in paper

must be served on all other parties in paper. The original

must include proof of service. 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.

(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 using one of the other

service methods permitted by Federal Rule of Appellate

Procedure 25(c).

(4) Consent to Electronic or Alternative 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, including

nonelectronic filers, may consent in writing to electronic

service by other means. Absent such an agreement, Federal

Rule of Appellate Procedure 25(c)(1) applies.

(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) Private, Confidential, or Sealed Information.

Requirements for filing private, confidential, and sealed material with

the court are detailed in Federal Circuit Rule 25.1.

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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 filer (such as an affidavit

signed by a person other than the filer) must be maintained in

original form by the filer until the issuance of the mandate

with no right of appeal or until such later date as the court

prescribes. On request of the court, the filer must provide

original documents for review.

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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.

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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.

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.

Unrepresented Party Who Is a Member of the Bar.

If an unrepresented party is also a member of the court’s bar, that

individual may proceed under the rules applicable for either represented

or unrepresented parties, but not both in a single case.

Paper Copies of Briefs and Appendices.

Counsel should not submit paper copies of any briefs or appendices

required under Federal Circuit Rule 25(c)(3)(A) 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)(3)(B)-(D).

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PRACTICE NOTES TO RULE 25

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).

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

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FEDERAL CIRCUIT RULE 25.1

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.

(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).

(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

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FEDERAL CIRCUIT RULE 25.1

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.

(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)–

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.

Ed. Note: The parties must be prepared to justify to the court any claim of confidentiality. See the

(continued on the next page)

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FEDERAL CIRCUIT RULE 25.1

(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).

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.

(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.

Practice Notes to Rule 25.1 (Justification for Claim of Confidentiality) and Rule 34 (Justification for

Claim of Confidentiality).

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FEDERAL CIRCUIT RULE 25.1

(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.

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.

(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.

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FEDERAL CIRCUIT RULE 25.1

(A) Confidential Version.

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. Except for redactions in

exhibits, addenda, and appendices, 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.

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PRACTICE NOTES TO RULE 25.1

Describing the General Nature of Confidential Material Deleted

from the Nonconfidential Version.

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 including a

general descriptor of redacted information, that description must

appear in 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.

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

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PRACTICE NOTES TO RULE 25.1

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).

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FEDERAL RULE OF APPELLATE PROCEDURE 26

Computing and Extending Time

(a) Computing Time.

The following rules apply in computing any time period specified in

these rules, in any local rule or court order, or in any statute that does

not specify a method of computing time.

(1) Period Stated in Days or a Longer Unit.

When the period is stated in days or a longer unit of time:

(A) exclude the day of the event that triggers the period;

(B) count every day, including intermediate Saturdays,

Sundays, and legal holidays; and

Saturday, Sunday, or legal holiday, the period continues

to run until the end of the next day that is not a Saturday,

Sunday, or legal holiday.

(2) Period Stated in Hours.

When the period is stated in hours:

(A) begin counting immediately on the occurrence of the

event that triggers the period;

(B) count every hour, including hours during intermediate

Saturdays, Sundays, and legal holidays; and

holiday, the period continues to run until the same time

on the next day that is not a Saturday, Sunday, or legal

holiday.

(3) Inaccessibility of the Clerk’s Office.

Unless the court orders otherwise, if the clerk’s office is

inaccessible:

If a filing is served on a weekend or legal holiday, then calculate the responsive deadline as though

the document were served on the next business day. See Fed. Cir. R. 26(a)(2)

(continued on the next page)

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FEDERAL RULE OF APPELLATE PROCEDURE 26

(A) on the last day for filing under Rule 26(a)(1), then the

time for filing is extended to the first accessible day that

is not a Saturday, Sunday, or legal holiday; or

(B) during the last hour for filing under Rule 26(a)(2), then

the time for filing is extended to the same time on the

first accessible day that is not a Saturday, Sunday, or

legal holiday.

(4) ‘‘Last Day’’ Defined.

Unless a different time is set by a statute, local rule, or court

order, the last day ends:

(A) for electronic filing in the district court, at midnight in

the court’s time zone;

(B) for electronic filing in the court of appeals, at midnight in

the time zone of the circuit clerk’s principal office;

25(a)(2)(A)(iii) — and filing by mail under Rule

13(a)(2) — at the latest time for the method chosen for

delivery to the post office, third-party commercial carrier,

or prison mailing system; and

(D) for filing by other means, when the clerk’s office is

scheduled to close.

(5) “Next Day” Defined.

The “next day” is determined by continuing to count forward

when the period is measured after an event and backward

when measured before an event.

(6) “Legal Holiday” Defined.

“Legal holiday” means:

(A) the day set aside by statute for observing New Year’s

Day, Martin Luther King Jr.’s Birthday, Washington’s

Birthday, Memorial Day, Juneteenth National

Independence Day, Independence Day, Labor Day,

Columbus Day, Veterans’ Day, Thanksgiving Day, or

Christmas Day;

See Fed. Cir. R. 26(a)(3)–(4) for a broader explanation of how this court defines inaccessibility.

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FEDERAL RULE OF APPELLATE PROCEDURE 26

(B) any day declared a holiday by the President or Congress;

and

day declared a holiday by the state where either of the

following is located: the district court that rendered the

challenged judgment or order, or the circuit clerk’s

principal office.

(b) Extending Time.

For good cause, the court may extend the time prescribed by these

rules or by its order to perform any act or may permit an act to be done

after that time expires. But the court may not extend the time to file:

(1) a notice of appeal (except as authorized in Rule 4) or a petition

for permission to appeal; or

(2) a notice of appeal from or a petition to enjoin, set aside, suspend,

modify, enforce, or otherwise review an order of an

administrative agency, board, commission, or officer of the

United States, unless specifically authorized by law.

When a party may or must act within a specified time after being

served, and the paper is not served electronically on the party or

delivered to the party on the date stated in the proof of service, 3 days

are added after the period would otherwise expire under Rule 26(a).

†

“Legal holiday” also means a day on which the clerk’s office is closed by order of the court or chief

judge. See Fed. Cir. R. 26(a)(1)

†

Three days are not added to deadlines set by court order. See Fed. Cir. R. 26(a)(5).

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FEDERAL CIRCUIT RULE 26

Computing and Extending Time

(a) Computation of Time; Inaccessibility of the Clerk’s Office.

(1) Legal Holiday.

In addition to the definition under Federal Rule of Appellate

Procedure 26(a)(6), “legal holiday” includes the day after

Thanksgiving Day and any day on which the clerk’s office is

closed by order of the court or the chief judge. The clerk of

court will publicly post any order issued in accordance with

this provision.

(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) Inaccessibility of Nonelectronic Filing.

The clerk of court may provide notice that the clerk’s office is

inaccessible for purposes of receiving nonelectronic filings and

submissions, and deadlines for nonelectronic filings and

submissions will be automatically extended in accordance with

Federal Rule of Appellate Procedure 26(a)(3). Such notice will

be posted publicly.

(4) Inaccessibility of Electronic Filing.

In the event of a scheduled system outage, unscheduled

technical failure of the electronic filing system, or other matter

preventing electronic filing, 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. Electronic filing is not “inaccessible” for purposes of

extending filing deadlines under Federal Rule of Appellate

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FEDERAL CIRCUIT RULE 26

Procedure 26(a)(3) absent a notice issued pursuant to this

subsection or an order entered pursuant to Federal Circuit

Rule 26(a)(1).

(5) Court Order.

Federal Rule of Appellate Procedure 26(c) does not apply to

deadlines set by court order.

(b) Extending 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) In addition to the 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;

(D) the total number of days of extension previously granted

to the movant.

(3) A request for an extension of more than fourteen (14) days must

be accompanied by an affidavit or unsworn declaration of

counsel or an unrepresented party under penalty of perjury

under 28 U.S.C. § 1746 showing good cause for the extension.

(4) At any time before the expiration of a filing deadline, the filer

may notify the court that additional time is needed to resolve

confidentiality issues, and the court will provide a one-time per

document extension of five (5) days to file the document. The

notice must include an affidavit or unsworn declaration of

counsel or an unrepresented party under penalty of perjury

under 28 U.S.C. § 1746 certifying that additional time is needed

to resolve confidentiality issues. Any additional requests for

extension to resolve confidentiality issues are by leave of court.

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FEDERAL CIRCUIT RULE 26

Three (3) additional days are not added to the time to file a responsive

document, when the original document was served through the court’s

electronic filing system. The court considers service through the

court’s electronic filing system to be completed on the date and time

reflected on the Notice of Docket Activity.

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 (7) 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.

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.

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Federal Circuit Rules of Practice (December 1, 2023) Page 94

FEDERAL RULE OF APPELLATE PROCEDURE 26.1

Disclosure Statement

(a) Nongovernmental Corporations.

Any nongovernmental corporation that is a party to a proceeding in a

court of appeals must file a statement that identifies any parent

corporation and any publicly held corporation that owns 10% or more

of its stock or states that there is no such corporation. The same

requirement applies to a nongovernmental corporation that seeks to

intervene.

(b) Organizational Victims in Criminal Cases.

In a criminal case, unless the government shows good cause, it must

file a statement that identifies any organizational victim of the alleged

criminal activity. If the organizational victim is a corporation, the

statement must also disclose the information required by Rule 26.1(a)

to the extent it can be obtained through due diligence.

In a bankruptcy case, the debtor, the trustee, or, if neither is a party,

the appellant must file a statement that:

(1) identifies each debtor not named in the caption; and

(2) for each debtor that is a corporation, discloses the information

required by Rule 26.1(a).

(d) Time for Filing; Supplemental Filing.

The Rule 26.1 statement must:

(1) be filed with the principal brief or upon filing a motion,

response, petition, or answer in the court of appeals, whichever

occurs first, unless a local rule requires earlier filing;

(2) be included before the table of contents in the principal brief;

and

The Disclosure Statement requirements of Fed. R. App. P. 26.1 are incorporated into and supplanted

by this court’s Certificate of Interest requirements in Fed. Cir. R. 47.4. See Fed. Cir. R. 26.1. The

court does not require the Certificate of Interest or Disclosure Statement from unrepresented parties

or the federal government except in limited circumstances. See

Fed. Cir. R. 47.4(b). The court also

does not require any paper copies of the Certificate of Interest by itself. See Fed. Cir. R. 25(c)(3).

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FEDERAL RULE OF APPELLATE PROCEDURE 26.1

(3) be supplemented whenever the information required under

Rule 26.1 changes.

(e) Number of Copies.

If the Rule 26.1 statement is filed before the principal brief, or if a

supplemental statement is filed, an original and 3 copies must be filed

unless the court requires a different number by local rule or by order

in a particular case.

FEDERAL CIRCUIT RULE 26.1

Disclosure Statement

The filing of a certificate of interest required by Federal Circuit Rule

47.4 satisfies the requirements of Federal Rule of Appellate Procedure

26.1.

PRACTICE NOTES TO RULE 26.1

Timely Updates.

The court uses the certificate of interest to determine when recusal of

a judge may be appropriate. Thus, timely correction and updating of

the certificate is required to identify potential conflicts.

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FEDERAL RULE OF APPELLATE PROCEDURE 27

Motions

(a) In General.

(1) Application for Relief.

An application for an order or other relief is made by motion

unless these rules prescribe another form. A motion must be

in writing unless the court permits otherwise.

(2) Contents of a Motion.

(A) Grounds and Relief Sought.

A motion must state with particularity the grounds for

the motion, the relief sought, and the legal argument

necessary to support it.

(B) Accompanying Documents.

(i) Any affidavit or other paper necessary to support

a motion must be served and filed with the motion.

(ii) An affidavit must contain only factual

information, not legal argument.

(iii) A motion seeking substantive relief must include

a copy of the trial court’s opinion or agency’s

decision as a separate exhibit.

(i) A separate brief supporting or responding to a

motion must not be filed.

(ii) A notice of motion is not required.

(iii) A proposed order is not required.

(3) Response.

(A) Time to File.

Any party may file a response to a motion; Rule 27(a)(2)

governs its contents. The response must be filed within

10 days after service of the motion unless the court

shortens or extends the time. A motion authorized by

See Fed. Cir. R. 27(a) and (c) for additional required contents.

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FEDERAL RULE OF APPELLATE PROCEDURE 27

Rules 8, 9, 18, or 41 may be granted before the 10-day

period runs only if the court gives reasonable notice to

the parties that it intends to act sooner.

(B) Request for Affirmative Relief.

A response may include a motion for affirmative relief.

The time to respond to the new motion, and to reply to

that response, are governed by Rule 27(a)(3)(A) and

(a)(4). The title of the response must alert the court to

the request for relief.

(4) Reply to Response.

Any reply to a response must be filed within 7 days after

service of the response. A reply must not present matters that

do not relate to the response.

(b) Disposition of a Motion for a Procedural Order.

The court may act on a motion for a procedural order — including a

motion under Rule 26(b) — at any time without awaiting a response,

and may, by rule or by order in a particular case, authorize its clerk to

act on specified types of procedural motions.

A party adversely

affected by the court’s, or the clerk’s, action may file a motion to

reconsider, vacate, or modify that action.

†

Timely opposition filed

after the motion is granted in whole or in part does not constitute a

request to reconsider, vacate, or modify the disposition; a motion

requesting that relief must be filed.

A circuit judge may act alone on any motion but may not dismiss or

otherwise determine an appeal or other proceeding. A court of appeals

may provide by rule or by order in a particular case that only the court

See Fed. Cir. R. 27(h) and the Practice Notes to Rule 27 (Authority to Act on Motions; Motions

Referred to Panel) for more information about the clerk of court’s authority. See also Fed. Cir. R. 45(c),

45(e), 45(f)(3).

†

See Fed. Cir. R. 27(j) and Fed. Cir. R. 45(a) for timing requirements for seeking further review of this

court’s orders or actions.

(continued on the next page)

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FEDERAL RULE OF APPELLATE PROCEDURE 27

may act on any motion or class of motions. The court may review the

action of a single judge.

(d) Form of Papers; Page Limits; and Number of Copies.

(1) Format.

(A) Reproduction.

A motion, response, or reply may be reproduced by any

process that yields a clear black image on light paper.

The paper must be opaque and unglazed. Only one side

of the paper may be used.

(B) Cover.

A cover is not required, but there must be a caption that

includes the case number, the name of the court, the title

of the case, and a brief descriptive title indicating the

purpose of the motion and identifying the party or parties

for whom it is filed. If a cover is used, it must be white.

The document must be bound in any manner that is

secure, does not obscure the text, and permits the

document to lie reasonably flat when open.

(D) Paper Size, Line Spacing, and Margins.

The document must be on 8 1/2 by 11 inch paper. The

text must be double-spaced, but quotations more than

two lines long may be indented and single-spaced.

Headings and footnotes may be single-spaced. Margins

must be at least one inch on all four sides. Page numbers

may be placed in the margins, but no text may appear

there.

See Fed. Cir. R. 27(h) and the court’s Internal Operating Procedures available on the court’s website

for more information about the court’s processes for considering motions.

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Federal Circuit Rules of Practice (December 1, 2023) Page 99

(E) Typeface and Type Styles.

The document must comply with the typeface

requirements of Rule 32(a)(5) and the type-style

requirements of Rule 32(a)(6).

(2) Length Limits.

Except by the court’s permission, and excluding the

accompanying documents authorized by Rule 27(a)(2)(B):

(A) a motion or response to a motion produced using a

computer must not exceed 5,200 words;

(B) a handwritten or typewritten motion or response to a

motion must not exceed 20 pages;

words; and

(D) a handwritten or typewritten reply to a response must

not exceed 10 pages.

(3) Number of Copies.

An original and 3 copies must be filed unless the court

requires a different number by local rule or by order in a

particular case.

†

(e) Oral Argument.

A motion will be decided without oral argument unless the court

orders otherwise.

FEDERAL CIRCUIT RULE 27

Motions

(a) Contents and Format of a Motion.

In addition to the requirements under Federal Rule of Appellate

Procedure 27(a)(2) and (d), a motion must include the following:

A motion, response, or reply must include a certificate of compliance with the type-volume limitations

if filed under Fed. R. App. P. 27(d)(2)(A) or (d)(2)(C). See Fed. R. App. P. 32(g)

†

No copies are required. See Fed. Cir. R. 25(c)(3).

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FEDERAL CIRCUIT RULE 27

(1) the caption (if the motion is for a procedural order on consent,

the short caption may be used; for any other motion, the official

caption must be used);

(2) a statement of consent or opposition representing that the

movant has discussed the motion with the other parties and

stating whether any party will object or file a response;

(3) a certificate of interest under Federal Circuit Rule 47.4; and

(4) an affidavit or unsworn declaration under penalty of perjury

under 28 U.S.C. § 1746, if the facts relied on in the motion are

subject to dispute.

(b) Response; Reply.

If a motion uses the short 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 must include the

following:

(1) the items in Federal Circuit Rule 27(a)(1), (3), and (4); 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.

In addition to the requirements for a motion under Federal Circuit

Rule 27(a), a motion to expedite proceedings must include the

following:

(1) the label “Motion to Expedite” on the cover or front page of the

motion, either centered at the top or contained in the title;

(2) a proposed expedited briefing schedule on the motion; and

(3) a proposed expedited merits briefing schedule or proposed

argument date, if applicable.

(d) Attachments or Exhibits.

Attachments or exhibits to a motion, response, or reply 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.

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FEDERAL CIRCUIT RULE 27

(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 Remand.

A motion to dismiss for lack of jurisdiction, to transfer, or to remand

should be made as soon as the grounds for the motion are known.

After the appellant or petitioner has filed its principal brief, the

argument supporting dismissal, transfer, or remand should be made

in the response brief of the appellee or respondent. Any response to

such an argument made in the response brief must be included in the

reply brief. Joint or unopposed motions or stipulations to dismiss,

transfer, or remand may be made at any time.

(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.

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FEDERAL CIRCUIT RULE 27

(j) Reconsideration, Vacatur, or Modification of an Order or

Action.

A party seeking to reconsider, vacate, or substantively modify a

dispositive order, opinion, or judgment issued by a panel must file a

petition for panel, en banc, or panel and en banc rehearing within the

time prescribed by Federal Circuit Rule 40(d). For nonsubstantive

corrections to a dispositive order, opinion, or judgment, a party may

file a motion to correct within fourteen (14) days after the order or

action apart from any rehearing petition. For nondispositive orders or

actions by the court, including by a single judge, a panel of judges, or

the clerk of court, a party must file for relief within fourteen (14) days

after the order or action.

(k) Motions Containing Confidential or Sealed Material.

Federal Circuit Rule 25.1 applies to confidential or sealed material in

motions, responses, and replies.

PRACTICE NOTES TO RULE 27

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 to withdraw counsel, and motions for

leave to proceed in forma pauperis. Examples of nonprocedural

motions include motions to dismiss, motions to remand, motions to

transfer, motions to summarily affirm, motions for stays of

injunctions, motions for injunctions, motions to strike, 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

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PRACTICE NOTES TO RULE 27

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.

Telephone Inquiries about Motions; Access to Orders on Website.

Telephone inquiries about pending motions are discouraged, and

contacting the court will not expedite action on any motion. Most

orders are considered routine and counsel will receive notification by

Notice of Docket Activity as soon as the motion is decided. Counsel or

the parties may determine the status of a motion and obtain copies of

court orders through the court’s electronic filing system. Many

pertinent orders are posted on the court’s website. Under no

circumstances should parties or counsel telephone a judge, a judge’s

chambers, or the office of the general counsel about a motion.

However, when filing an emergency matter or a motion for expedited

consideration, parties 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 appropriate cases. A motion for expedited proceedings

is the procedural vehicle to request accelerated consideration of an

appeal or petition for review, and it should be filed immediately after

docketing. Such a motion is appropriate where the normal briefing

and disposition schedule may adversely affect one of the parties, as in

appeals involving preliminary or permanent injunctions or

government contract bid protests.

FEDERAL RULE OF APPELLATE PROCEDURE 28

Briefs

(a) Appellant’s Brief.

The appellant’s brief must contain, under appropriate headings and

in the order indicated:

(1) a disclosure statement if required by Rule 26.1;

(2) a table of contents, with page references;

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Federal Circuit Rules of Practice (December 1, 2023) Page 104

FEDERAL RULE OF APPELLATE PROCEDURE 28

(3) a table of authorities — cases (alphabetically arranged),

statutes, and other authorities — with references to the pages

of the brief where they are cited;

(4) a jurisdictional statement, including:

(A) the basis for the district court’s or agency’s subject-

matter jurisdiction, with citations to applicable statutory

provisions and stating relevant facts establishing

jurisdiction;

(B) the basis for the court of appeals’ jurisdiction, with

citations to applicable statutory provisions and stating

relevant facts establishing jurisdiction;

or petition for review; and

(D) an assertion that the appeal is from a final order or

judgment that disposes of all parties’ claims, or

information establishing the court of appeals’ jurisdiction

on some other basis;

(5) a statement of the issues presented for review;

(6) a concise statement of the case setting out the facts relevant to

the issues submitted for review, describing the relevant

procedural history, and identifying the rulings presented for

review, with appropriate references to the record (see Rule

28(e));

(7) a summary of the argument, which must contain a succinct,

clear, and accurate statement of the arguments made in the

body of the brief, and which must not merely repeat the

argument headings;

(8) the argument, which must contain:

(A) appellant’s contentions and the reasons for them, with

citations to the authorities and parts of the record on

which the appellant relies; and

(B) for each issue, a concise statement of the applicable

standard of review (which may appear in the discussion

of the issue or under a separate heading placed before the

discussion of the issues);

(9) a short conclusion stating the precise relief sought; and

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FEDERAL RULE OF APPELLATE PROCEDURE 28

(10) the certificate of compliance, if required by Rule 32(g)(1).

(b) Appellee’s Brief.

The appellee’s brief must conform to the requirements of Rule

28(a)(1) – (8) and (10), except that none of the following need appear

unless the appellee is dissatisfied with the appellant’s statement:

(1) the jurisdictional statement;

(2) the statement of the issues;

(3) the statement of the case; and

(4) the statement of the standard of review.

†

The appellant may file a brief in reply to the appellee’s brief. Unless

the court permits, no further briefs may be filed. A reply brief must

contain a table of contents, with page references, and a table of

authorities — cases (alphabetically arranged), statutes, and other

authorities — with references to the pages of the reply brief where

they are cited.

(d) References to Parties.

In briefs and at oral argument, counsel should minimize use of the

terms “appellant” and “appellee.” To make briefs clear, counsel should

use the parties’ actual names or the designations used in the lower

court or agency proceeding, or such descriptive terms as “the

Fed. Cir. R. 28(a) lists the required contents for an appellant’s principal brief, and in some instances,

the requirements are merely restated from Fed. R. App. P. 28(a) to preserve the ordering of the

materials. Parties must still satisfy the formal requirements for both Fed. R. App. P. 28(a) and Fed.

Cir. R. 28(a). Where Fed. Cir. R. 28(a) requires information beyond what is required under Fed. R.

App. P. 28(a) for a section or item, parties should follow the greater requirement in the Federal Circuit

Rules. The certificate of interest in Fed. Cir. R. 28(a)(1) and certificate of compliance in Fed. Cir. R.

28(a)(13) replace the requirements of Fed. R. App. P. 28(a)(1) and Fed. R. App. P. 28(a)(10),

respectively. See Fed. Cir. R. 26.1; Fed. Cir. R. 32(b).

†

An appellee’s brief must include the contents required under Fed. Cir. R. 28(a). Fed. Cir. R. 28(b)

expressly excludes the statements listed under Fed. R. App. P. 28(b) absent disagreement between the

parties.

(continued on the next page)

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FEDERAL RULE OF APPELLATE PROCEDURE 28

employee,” “the injured person,” “the taxpayer,” “the ship,” “the

stevedore.”

(e) References to the Record.

References to the parts of the record contained in the appendix filed

with the appellant’s brief must be to the pages of the appendix. If the

appendix is prepared after the briefs are filed, a party referring to the

record must follow one of the methods detailed in Rule 30(c).

If the

original record is used under Rule 30(f) and is not consecutively

paginated, or if the brief refers to an unreproduced part of the record,

any reference must be to the page of the original document. For

example:

• Answer p. 7;

• Motion for Judgment p. 2;

• Transcript p. 231.

Only clear abbreviations may be used. A party referring to evidence

whose admissibility is in controversy must cite the pages of the

appendix or of the transcript at which the evidence was identified,

offered, and received or rejected.

(f) 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 brief or in an addendum at the end or may be supplied to the

court in pamphlet form.

(g) [Reserved]

(h) [Reserved]

(i) Briefs in a Case Involving Multiple Appellants or Appellees.

In a case involving more than one appellant or appellee, including

consolidated cases, any number of appellants or appellees may join in

This court defers filing of the appendix but requires preparation of the appendix (“designation of

materials”) prior to the filing of appellant’s principal brief. See Fed. Cir. R. 30(b); see also

Fed. Cir. R.

28(f) (record and appendix citation requirements).

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FEDERAL RULE OF APPELLATE PROCEDURE 28

a brief, and any party may adopt by reference a part of another’s brief.

Parties may also join in reply briefs.

(j) Citation of Supplemental Authorities.

If pertinent and significant authorities come to a party’s attention

after the party’s brief has been filed — or after oral argument but

before decision — a party may promptly advise the circuit clerk by

letter, with a copy to all other parties, setting forth the citations. The

letter must state the reasons for the supplemental citations, referring

either to the page of the brief or to a point argued orally. The body of

the letter must not exceed 350 words. Any response must be made

promptly and must be similarly limited.

FEDERAL CIRCUIT RULE 28

Briefs

(a) Contents and Organization of Principal Briefs.

Principal briefs must contain a cover pursuant to Federal Circuit Rule

32(a), including any required material on the inside cover, and the

following in the order listed:

(1) the certificate of interest under Federal Circuit Rule 47.4;

(2) the table of contents;

(3) the table of authorities;

(4) the statement of related cases under Federal Circuit Rule 47.5;

(5) the jurisdictional statement including information

demonstrating that the judgment or order appealed from is

final or, if not final, appealable on another basis (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, including the citation of any

published decision of the trial tribunal in the proceedings;

(8) the summary of the argument;

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FEDERAL CIRCUIT RULE 28

(9) the argument, including the statement of the standard of

review which must appear with its own heading either within

the argument section or immediately preceding the argument

section;

(10) the conclusion and statement of relief sought;

(11) any addenda required by Federal Rule of Appellate Procedure

28(f), Federal Circuit Rule 28(c), or Federal Rule of Appellate

Procedure 32.1(b); and

(12) the certificate of compliance, if required by Federal Circuit Rule

32(b)(3).

(b) Exclusion of Contents from Appellee’s Brief.

An appellee’s statements of jurisdiction, the issues, the case and facts,

and the standard of review must be limited to specific areas of

disagreement with those of the appellant. Absent disagreement, an

appellee must not include those statements.

(1) Principal Brief.

Unless an appellant or petitioner permissibly binds an

appendix with its principal brief pursuant to Federal Circuit

Rule 30(d), the principal brief of an appellant or petitioner must

include the following material as an addendum bound with the

brief:

(A) all judgments, orders, agency actions, or other decisions

appealed from and any opinions, memoranda, or findings

and conclusions supporting them, including any

rehearing opinions or orders; and

(B) if the appeal involves a patent or patent application, all

patents or applications at issue on appeal reproduced in

their entirety.

Ed. Note: When an appellant permissibly binds an appendix to its brief, the materials listed under

Fed. Cir. R. 28(c)(1)(a)-(b) will be included in that appendix pursuant to Fed. Cir. R. 30(a)(1)(A)(iii)

and 30(c)(1), thus rendering the separate addendum requirement moot.

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FEDERAL CIRCUIT RULE 28

(2) 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.

(3) Addendum Length.

Parties may seek leave of the court to waive the addendum

requirement of Federal Circuit Rule 28(c)(1) in whole or in part

if the number of pages in the addendum to the principal brief

will prevent the materials from being bound in a single volume,

which equates to roughly 300 double-sided pages of printed

addendum material, or 600 pages submitted electronically. If

an addendum will cause the opening brief to exceed one volume,

each volume of the brief must include a cover that identifies the

volume number in Roman numerals and the range of pages

within the volume centered at the top.

(d) Brief Containing Confidential or Sealed Material.

Federal Circuit Rule 25.1 applies to confidential or sealed material in

briefs.

(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) Referring to the Record and Appendix.

Any reference in a brief to the underlying record or to material

authorized to be included in an 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 format required by the

clerk of court in the court’s Electronic Filing Procedures.

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FEDERAL CIRCUIT RULE 28

Indiscriminate references in briefs to blocks of record pages are

prohibited.

(g) Unrepresented Party Briefs; Response.

An unrepresented party may file a formal brief or an informal brief,

but not both.

(1) Informal Brief.

An informal principal brief must contain the information

required by the form prescribed by the court. No other

contents are required.

(2) Formal Brief.

A formal brief must comply with Rules 28 and 32 regarding

format and contents.

(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 informal or formal response

brief, the party must affirmatively state under a separate

heading whether the party believes the court has jurisdiction

over the case, 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 after docketing, with the required number of paper copies to

be provided in accordance with Federal Circuit Rule 25(c)(3). The

court may also order supplemental briefs as needed.

(i) Multiple Parties.

(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.

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FEDERAL CIRCUIT RULE 28

(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 all

or a portion of a brief is duplicative of a brief in a related case, as

defined by Federal Circuit Rule 47.5, the filing party must so advise

the court at the beginning of the brief or section containing the

duplicative content.

PRACTICE NOTES TO RULE 28

Informal Brief.

Using 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).

Inclusion of Patents in the Addendum.

The addendum to the appellant’s principal brief under Federal Circuit

Rule 28(c)(1) must include only patents or patent applications that are

the subject of the appeal. While prior art patents must not be included

in the addendum, these patents may still be required to be included

in the appendix if referenced in briefing by the parties. See Federal

Circuit Rule 30(b)(5).

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Federal Circuit Rules of Practice (December 1, 2023) Page 112

FEDERAL RULE OF APPELLATE PROCEDURE 28.1

Cross-Appeals

(a) Applicability.

This rule applies to a case in which a cross-appeal is filed. Rules

28(a)–(c), 31(a)(1), 32(a)(2), and 32(a)(7)(A)–(B) do not apply to such a

case, except as otherwise provided in this rule.

(b) Designation of Appellant.

The party who files a notice of appeal first is the appellant for the

purposes of this rule and Rules 30 and 34. If notices are filed on the

same day, the plaintiff in the proceeding below is the appellant. These

designations may be modified by the parties’ agreement or by court

order.

In a case involving a cross-appeal:

(1) Appellant’s Principal Brief.

The appellant must file a principal brief in the appeal. That

brief must comply with Rule 28(a).

(2) Appellee’s Principal and Response Brief.

The appellee must file a principal brief in the cross-appeal and

must, in the same brief, respond to the principal brief in the

appeal. That appellee’s brief must comply with Rule 28(a),

except that the brief need not include a statement of the case

unless the appellee is dissatisfied with the appellant’s

statement.

†

(3) Appellant’s Response and Reply Brief.

The appellant must file a brief that responds to the principal

brief in the cross-appeal and may, in the same brief, reply to

the response in the appeal. That brief must comply with Rule

28(a)(2)–(8) and (10), except that none of the following need

Fed. Cir. R. 28.1(d) applies the requirements of Fed. Cir. R. 28(a) to an appellant’s principal brief in

a case involving a cross-appeal.

†

Fed. Cir. R. 28.1(d) applies the requirements of Fed. Cir. R. 28(a) and part of Fed. Cir. R. 28(b) to a

cross-appellant’s principal and response brief in a case involving a cross-appeal.

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FEDERAL RULE OF APPELLATE PROCEDURE 28.1

appear unless the appellant is dissatisfied with the appellee’s

statement in the cross-appeal:

(A) the jurisdictional statement;

(B) the statement of the issues;

(D) the statement of the standard of review.

(4) Appellee’s Reply Brief.

The appellee may file a brief in reply to the response in the

cross-appeal. That brief must comply with Rule 28(a)(2)–(3)

and (10) and must be limited to the issues presented by the

cross-appeal.

(5) No Further Briefs.

Unless the court permits, no further briefs may be filed in a

case involving a cross-appeal.

(d) Cover.

Except for filings by unrepresented parties, the cover of the appellant’s

principal brief must be blue; the appellee’s principal and response

brief, red; the appellant’s response and reply brief, yellow; the

appellee’s reply brief, gray; an intervenor’s or amicus curiae’s brief,

green; and any supplemental brief, tan. The front cover of a brief must

contain the information required by Rule 32(a)(2).

(e) Length.

†

(1) Page Limitation.

Unless it complies with Rule 28.1(e)(2), the appellant’s

principal brief must not exceed 30 pages; the appellee’s

principal and response brief, 35 pages; the appellant’s

response and reply brief, 30 pages; and the appellee’s reply

brief, 15 pages.

Fed. Cir. R. 28.1(d) applies the limitations of Fed. Cir. R. 28(b) to an appellant’s response and reply

brief in a case involving a cross-appeal.

†

Fed. Cir. R. 28.1(a)–(c) list this court’s page, type-volume, and compliance requirements for briefs in

cases involving a cross-appeal.

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FEDERAL RULE OF APPELLATE PROCEDURE 28.1

(2) Type-Volume Limitation.

(A) The appellant’s principal brief or the appellant’s

response and reply brief is acceptable if it:

(i) contains no more than 13,000 words; or

(ii) uses a monospaced face and contains no more than

1,300 lines of text.

(B) The appellee’s principal and response brief is acceptable

if it:

(i) contains no more than 15,300 words; or

(ii) uses a monospaced face and contains no more than

1,500 lines of text.

more than half of the type volume specified in Rule

28.1(e)(2)(A).

(3) Certificate of Compliance.

A brief submitted under Rule 28.1(e)(2) must comply with

Rule 32(g)(1).

(f) Time to Serve and File a Brief.

Briefs must be served and filed as follows:

(1) the appellant’s principal brief, within 40 days after the record

is filed;

(2) the appellee’s principal and response brief, within 30 days after

the appellant’s principal brief is served;

(3) the appellant’s response and reply brief, within 30 days after

the appellee’s principal and response brief is served; and

(4) the appellee’s reply brief, within 21 days after the appellant’s

response and reply brief is served, but at least 7 days before

argument unless the court, for good cause, allows a later filing.

See Fed. Cir. R. 31(a) for deadlines set by this court for briefs in cases involving cross-appeals. This

court follows the Fed. R. App. R. 28.1(f) deadline to file the cross-appellant’s reply brief.

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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.

A brief submitted under this rule must comply with Federal Circuit

Rule 32(b)(3).

(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(c)(1) to the

extent that the materials differ from those produced in the appellant’s

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FEDERAL CIRCUIT RULE 28.1

principal brief. Appellant’s response and reply brief must comply with

Federal Circuit Rule 28(b).

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, that 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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FEDERAL RULE OF APPELLATE PROCEDURE 29

Brief of an Amicus Curiae

(a) During Initial Consideration of a Case on the Merits.

(1) Applicability.

This Rule 29(a) governs amicus filings during a court’s initial

consideration of a case on the merits.

(2) When Permitted.

The United States or its officer or agency or a state may file an

amicus brief without the consent of the parties or leave of

court. Any other amicus curiae may file a brief only by leave

of court or if the brief states that all parties have consented to

its filing, but a court of appeals may prohibit the filing of or

may strike an amicus brief that would result in a judge’s

disqualification.

(3) Motion for Leave to File.

The motion must be accompanied by the proposed brief and

state:

(A) the movant’s interest; and

(B) the reason why an amicus brief is desirable and why the

matters asserted are relevant to the disposition of the

case.

(4) Contents and Form.

An amicus brief must comply with Rule 32. In addition to the

requirements of Rule 32, the cover must identify the party or

parties supported and indicate whether the brief supports

affirmance or reversal. An amicus brief need not comply with

Rule 28, but must include the following:

(A) if the amicus curiae is a corporation, a disclosure

statement like that required of parties by Rule 26.1;

(B) a table of contents, with page references;

See Fed. Cir. R. 21(e) for additional requirements concerning amicus briefs filed during consideration

of a petition for writ of mandamus or prohibition.

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Federal Circuit Rules of Practice (December 1, 2023) Page 118

FEDERAL RULE OF APPELLATE PROCEDURE 29

statutes, and other authorities — with references to the

pages of the brief where they are cited;

(D) a concise statement of the identity of the amicus curiae,

its interest in the case, and the source of its authority to

file;

(E) unless the amicus curiae is one listed in the first sentence

of Rule 29(a)(2), a statement that indicates whether:

(i) a party’s counsel authored the brief in whole or in

part;

(ii) a party or a party’s counsel contributed money

that was intended to fund preparing or submitting

the brief; and

(iii) a person — other than the amicus curiae, its

members, or its counsel — contributed money

that was intended to fund preparing or submitting

the brief and, if so, identifies each such person;

(F) an argument, which may be preceded by a summary and

which need not include a statement of the applicable

standard of review; and

(G) a certificate of compliance under Rule 32(g)(1), if length

is computed using a word or line limit.

(5) Length.

Except by the court’s permission, an amicus brief may be no

more than one-half the maximum length authorized by these

rules for a party’s principal brief. If the court grants a party

permission to file a longer brief, that extension does not affect

the length of an amicus brief.

†

Fed. Cir. R. 29(a) restates this court’s requirement for a certificate of interest in lieu of the disclosure

statement listed under Fed. R. App. P. 29(a)(4)(A). Fed. Cir. R. 29(b) references this court’s local

certificate of compliance requirement in place of the certificate under Fed. Cir. R. 29(a)(4)(G), due to

the court’s different type-volume limitation for principal briefs from the limitation in the Federal Rules

of Appellate Procedure.

†

Fed. Cir. R. 32(b)(1) sets a different type-volume limitation than that required by the Federal Rules

(continued on the next page)

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FEDERAL RULE OF APPELLATE PROCEDURE 29

(6) Time for Filing.

An amicus curiae must file its brief, accompanied by a motion

for filing when necessary, no later than 7 days after the

principal brief of the party being supported is filed. An amicus

curiae that does not support either party must file its brief no

later than 7 days after the appellant’s or petitioner’s principal

brief is filed. A court may grant leave for later filing,

specifying the time within which an opposing party may

answer.

(7) Reply Brief.

Except by the court’s permission, an amicus curiae may not

file a reply brief.

(8) Oral Argument.

An amicus curiae may participate in oral argument only with

the court’s permission.

(b) During Consideration of Whether to Grant Rehearing.

(1) Applicability.

This Rule 29(b) governs amicus filings during a court’s

consideration of whether to grant panel rehearing or rehearing

en banc, unless a local rule or order in a case provides

otherwise.

(2) When Permitted.

The United States or its officer or agency or a state may file an

amicus brief without the consent of the parties or leave of

court. Any other amicus curiae may file a brief only by leave

of court.

†

of Appellate Procedure. The court therefore requires that an amicus brief not exceed one-half the

authorized maximum of the local requirement. See Fed. Cir. R. 29(b)

See Fed. Cir. R. 35(g) and Fed. Cir. R. 40(f) for the court’s local rules concerning amicus briefs during

consideration on whether to grant panel rehearing, rehearing en banc, or hearing en banc.

†

All prospective amici curiae, including the federal government, must file a motion for leave to file

during the court’s consideration of rehearing and en banc petitions. See Fed. Cir. R. 35(g)(1);

Fed. Cir.

R. 40(f)(1).

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FEDERAL RULE OF APPELLATE PROCEDURE 29

(3) Motion for Leave to File.

Rule 29(a)(3) applies to a motion for leave.

(4) Contents, Form, and Length.

Rule 29(a)(4) applies to the amicus brief. The brief must not

exceed 2,600 words.

(5) Time for Filing.

An amicus curiae supporting the petition for rehearing or

supporting neither party must file its brief, accompanied by a

motion for filing when necessary, no later than 7 days after

the petition is filed. An amicus curiae opposing the petition

must file its brief, accompanied by a motion for filing when

necessary, no later than the date set by the court for the

response.

FEDERAL CIRCUIT RULE 29

Brief of an Amicus Curiae

(a) Contents.

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 under Federal Circuit Rule 47.4 in front of the table of

contents.

(b) Length.

An 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).

Fed. Cir. R. 35(g)(2) and Fed. Cir. R. 40(f)(2) provide for later filing deadlines for prospective amici

curiae during the court’s consideration of rehearing and en banc petitions.

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FEDERAL CIRCUIT RULE 29

Each amicus brief must comply with Federal Circuit Rule 28(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.

PRACTICE NOTES TO RULE 29

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.

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Federal Circuit Rules of Practice (December 1, 2023) Page 122

FEDERAL RULE OF APPELLATE PROCEDURE 30

Appendix to the Briefs

(a) Appellant’s Responsibility.

(1) Contents of the Appendix.

The appellant must prepare and file an appendix to the briefs

containing:

(A) the relevant docket entries in the proceeding below;

(B) the relevant portions of the pleadings, charge, findings,

or opinion;

(D) other parts of the record to which the parties wish to

direct the court’s attention.

(2) Excluded Material.

Memoranda of law in the district court should not be included

in the appendix unless they have independent relevance.

Parts of the record may be relied on by the court or the parties

even though not included in the appendix.

(3) Time to File; Number of Copies.

Unless filing is deferred under Rule 30(c), the appellant must

file 10 copies of the appendix with the brief and must serve

one copy on counsel for each party separately represented. An

unrepresented party proceeding in forma pauperis must file 4

legible copies with the clerk, and one copy must be served on

counsel for each separately represented party. The court may

by local rule or by order in a particular case require the filing

or service of a different number.

†

Only record materials actually cited by parties in their briefing may be included in the appendix filed

with this court, unless otherwise required or permitted by Fed. Cir. R. 30. See Fed. Cir. R. 30(a)(1)(B)

†

Fed. Cir. R. 30(a)(2) defers filing of the appendix in this court until after briefing is complete. Fed.

Cir. R. 25(c)(3), cross-referenced in Fed. Cir. R. 30(a)(3), state the court’s appendix paper copy

requirements.

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FEDERAL RULE OF APPELLATE PROCEDURE 30

(b) All Parties’ Responsibilities

(1) Determining the Contents of the Appendix.

The parties are encouraged to agree on the contents of the

appendix. In the absence of an agreement, the appellant

must, within 14 days after the record is filed, serve on the

appellee a designation of the parts of the record the appellant

intends to include in the appendix and a statement of the

issues the appellant intends to present for review. The

appellee may, within 14 days after receiving the designation,

serve on the appellant a designation of additional parts to

which it wishes to direct the court’s attention. The appellant

must include the designated parts in the appendix. The

parties must not engage in unnecessary designation of parts of

the record, because the entire record is available to the court.

This paragraph applies also to a cross-appellant and a cross-

appellee.

(2) Costs of Appendix.

Unless the parties agree otherwise, the appellant must pay

the cost of the appendix. If the appellant considers parts of

the record designated by the appellee to be unnecessary, the

appellant may advise the appellee, who must then advance the

cost of including those parts. The cost of the appendix is a

taxable cost. But if any party causes unnecessary parts of the

record to be included in the appendix, the court may impose

the cost of those parts on that party. Each circuit must, by

local rule, provide for sanctions against attorneys who

unreasonably and vexatiously increase litigation costs by

including unnecessary material in the appendix.

†

(1) Deferral Until After Briefs Are Filed.

The court may provide by rule for classes of cases or by order

in a particular case that preparation of the appendix may be

The court’s local designation requirements for the deferred appendix are described in Fed. Cir. R.

30(b).

†

See Fed. Cir. R. 25(h) for the court’s local rule regarding sanctions. For additional local requirements

regarding costs of the appendix, see Fed. Cir. R. 30(a)(1)(D) and Fed. Cir. R. 30(f).

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Federal Circuit Rules of Practice (December 1, 2023) Page 124

FEDERAL RULE OF APPELLATE PROCEDURE 30

deferred until after the briefs have been filed and that the

appendix may be filed 21 days after the appellee’s brief is

served. Even though the filing of the appendix may be

deferred, Rule 30(b) applies; except that a party must

designate the parts of the record it wants included in the

appendix when it serves its brief and need not include a

statement of the issues presented.

(2) References to the Record.

(A) If the deferred appendix is used, the parties may cite in

their briefs the pertinent pages of the record. When the

appendix is prepared, the record pages cited in the briefs

must be indicated by inserting record page numbers, in

brackets, at places in the appendix where those pages of

the record appear.

(B) A party who wants to refer directly to pages of the

appendix may serve and file copies of the brief within the

time required by Rule 31(a), containing appropriate

references to pertinent pages of the record. In that event,

within 14 days after the appendix is filed, the party must

serve and file copies of the brief, containing references to

the pages of the appendix in place of or in addition to the

references to the pertinent pages of the record. Except

for the correction of typographical errors, no other

changes may be made to the brief.

†

(d) Format of the Appendix.

The appendix must begin with a table of contents identifying the page

at which each part begins. The relevant docket entries must follow

the table of contents.

‡

Other parts of the record must follow

Fed. Cir. R. 30(a)(2) defers filing of the appendix in all cases before this court until after briefing is

complete, though the court affords unrepresented parties the opportunity to submit an informal

appendix earlier under

Fed. Cir. R. 30(h). Preparation of the appendix is addressed in Fed. Cir. R.

30(b).

†

The parties’ references to record material must follow Fed. Cir. R. 28(f).

‡

After the table of contents, this court requires that the judgments, orders, agency actions, or other

decisions appealed from and any opinions, memoranda, or findings and conclusions supporting them,

including any rehearing opinions or orders, be placed first in the appendix. See Fed. Cir. R. 30(c)(1)

(continued on the next page)

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Federal Circuit Rules of Practice (December 1, 2023) Page 125

FEDERAL RULE OF APPELLATE PROCEDURE 30

chronologically. When pages from the transcript of proceedings are

placed in the appendix, the transcript page numbers must be shown

in brackets immediately before the included pages. Omissions in the

text of papers or of the transcript must be indicated by asterisks.

Immaterial formal matters (captions, subscriptions,

acknowledgments, etc.) should be omitted.

(e) Reproduction of Exhibits.

Exhibits designated for inclusion in the appendix may be reproduced

in a separate volume, or volumes, suitably indexed. Four copies must

be filed with the appendix, and one copy must be served on counsel for

each separately represented party.

If a transcript of a proceeding

before an administrative agency, board, commission, or officer was

used in a district-court action and has been designated for inclusion in

the appendix, the transcript must be placed in the appendix as an

exhibit.

(f) Appeal on the Original Record Without an Appendix.

The court may, either by rule for all cases or classes of cases or by

order in a particular case, dispense with the appendix and permit an

appeal to proceed on the original record with any copies of the record,

or relevant parts, that the court may order the parties to file.

FEDERAL CIRCUIT RULE 30

Appendix to the Briefs

(a) Contents of Appendix; Time for Filing; Number of Copies;

Multiple Volumes; Failure to File.

(1) Contents.

If the appendix is filed in two versions pursuant to Fed. Cir. R. 25.1(e)(1), the confidential version must

include the protective order or excerpts of any statute imposing confidentiality first.

Fed. Cir. R. 25(c)(1)(B) details the court’s procedures for items, including exhibits as part of an

appendix, that are unable to be filed electronically. Fed. Cir. R. 30(i) details requirements for

electronic material that cannot be reproduced in written form as part of an appendix and outlines

procedures for providing that material on electronic media.

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FEDERAL CIRCUIT RULE 30

(A) In addition to the material 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 or patent

application, any patents or applications at issue on

appeal in their entirety. Any other patents

included in an appendix must be included in their

entirety.

(B) Parts of the record must not be included in the appendix

unless they are cited in the briefs. Parties must,

however, include in the appendix sufficient surrounding

record and transcript pages to provide context for a cited

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.

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; and

(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

counter-designated by the appellee under Federal Circuit

Rule 30(b) that the appellant considers to be included in

violation of this rule, the appellant may so advise the

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FEDERAL CIRCUIT RULE 30

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, except as permitted 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

(vi) jury lists.

(F) Nothing in 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;

(iii) briefs and memoranda in a case where the

propriety of summary judgment is an issue or

where there is an issue of waiver; or

(iv) the notice of appeal.

(2) Time for Filing.

The appellant must serve and file the 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.

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FEDERAL CIRCUIT RULE 30

(3) Number of Copies.

Six (6) paper copies of any appendix must be filed with the

court in accordance with Federal Circuit Rule 25(c)(3). In

appeals where all parties are represented by counsel, an

additional paper copy of any appendix must be provided by the

filer to principal counsel for the other parties within the same

timeframe prescribed by Federal Circuit Rule 25(c)(3) unless

principal counsel states that a paper copy need not be

provided. No copies are required to be sent to counsel for

amici curiae.

(4) Appendix Volumes.

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 Roman 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.

(5) Consequence of Failing to File an Appendix.

If the appellant fails to file the appendix, the clerk of court is

authorized to dismiss the case.

(b) Preparing the Appendix.

(1) Designation of Material.

The parties must 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) To the extent practicable, 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.

Ed. Note: Refer to the Practice Notes to Rule 30 (Appendix Volumes) for further explanation of this

requirement.

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Federal Circuit Rules of Practice (December 1, 2023) Page 129

FEDERAL CIRCUIT RULE 30

(B) If the parties cannot agree within the timeframe, the

appellant must serve its designation on the appellee

along with a statement of the issues the appellant

intends to present no later than thirty (30) days prior to

the deadline for the appellant’s principal brief. Within

fourteen (14) days after service of appellant’s

designation, the appellee may serve on the appellant a

counter-designation of additional material, which the

appellant must include, or inform the appellant that no

additional material needs to be added.

(2) Pagination.

(A) The 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 or, if not

prohibited by an outstanding protective order, a physical

compilation of the material with the assigned page

numbers shown.

(B) The first page numbers in the designated material must

be assigned to all judgments, orders, agency actions, or

other decisions appealed from and any opinions,

memoranda, or findings and conclusions supporting

them, including any rehearing opinions or orders. Other

items must follow in accordance with Federal Rule of

Appellate Procedure 30(d).

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.

(3) Extension of Time.

The parties may extend the time to complete the designation

without leave of the court; however, the designation and

pagination must be completed before the appellant files its

principal brief or the parties must move to extend the time to

file the brief. If the designation cannot be timely completed

due to a pending transcript request, an affidavit detailing

what has been done to expedite transcription must be attached

to the motion.

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FEDERAL CIRCUIT RULE 30

(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.

(5) Preparation of Appendix.

The appellant must prepare the appendix by selecting from

the designated material only items required by these rules and

pages specifically cited in the briefs of the parties, including

the briefs of intervenors and amici. Pages not cited in the

briefs — other than items required by these rules — must be

omitted from the appendix. 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).

(1) Arrangement of Appendix.

Federal Rule of Appellate Procedure 30(d) governs the

arrangement of the appendix, except the judgments, orders,

agency actions, or other decisions appealed from and any

opinions, memoranda, or findings and conclusions supporting

them, including any rehearing opinions or orders, must be

placed first in the appendix. Pursuant to Federal Circuit Rule

25.1(e)(1)(A), if the appendix must include an excerpt of a

statute imposing confidentiality or a judicial or administrative

protective order, the excerpt or order must appear before the

first page and may be paginated with Roman numerals.

(2) Pagination.

The page numbers in the appendix must be those assigned 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 and meet the font size

requirements of Federal Rule of Appellate Procedure 32(a)(5).

The table of contents must still appear before all contents. See Fed. R. App. P. 30(d).

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Federal Circuit Rules of Practice (December 1, 2023) Page 131

FEDERAL CIRCUIT RULE 30

Other marks must be redacted if necessary to avoid confusion.

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).

(3) Printing.

The court encourages the double-sided printing of the pages of

the appendix, an appendix combined with a brief, and an

addendum.

(d) Combined Brief and Appendix.

(1) When a brief and appendix are combined, the title on the cover

must so indicate.

(2) If either the appendix agreed upon by the parties or the

designated material comprises no more than 100 pages, it may

be bound together with the appellant’s or petitioner’s principal

brief as a combined brief 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 Unrepresented Party’s Case.

In cases involving only unrepresented appellants who have

failed to participate in determining the contents of the

appendix or have filed an inadequate appendix, the appellee

may file an appendix containing material permitted by

Federal Circuit Rule 30(a). Should the appellee file such an

appendix, the appellants may then attach additional material

permitted by Federal Circuit Rule 30(a) to any reply brief.

(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).

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Federal Circuit Rules of Practice (December 1, 2023) Page 132

FEDERAL CIRCUIT RULE 30

(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.

(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)(2).

(f) Costs.

The costs of the table of page numbers or the copy of the physical

compilation of the designated material in Federal Circuit Rule 30(b)

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.

(g) Appendices Containing Confidential or Sealed Material.

Federal Circuit Rule 25.1 applies to confidential or sealed material in

appendices, exhibits, addenda, and attachments.

(h) Unrepresented Party’s Informal Appendix.

An informal brief will 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.

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Federal Circuit Rules of Practice (December 1, 2023) Page 133

FEDERAL CIRCUIT RULE 30

(i) Electronic Appendix Material Unable to Be Produced in

Paper.

When the record has been perpetuated in whole or in part in an

electronic format and that portion of the record cannot be reproduced

in a nonelectronic format, those portions of the record that would

properly be included in the appendix if they were in documentary form

will be considered supplementary appendix material.

(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)(3). 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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Federal Circuit Rules of Practice (December 1, 2023) Page 134

PRACTICE NOTES TO RULE 30

Notice of New References in Cross-Appellant’s Reply Brief.

To expedite preparing the 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 cited 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.

Testimony in the Appendix.

To reduce bulk in the appendix, the use of condensed, columnar

transcripts of testimony is encouraged.

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.

Inclusion of Patents in the Appendix.

Federal Circuit Rule 30(a)(1)(A)(iii) requires the appendix to include

patents or patent applications that are the subject of the appeal. Prior

art patents or other patents may only be included in the appendix as

required by Federal Circuit Rule 30(b)(5).

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Federal Circuit Rules of Practice (December 1, 2023) Page 135

FEDERAL RULE OF APPELLATE PROCEDURE 31

Serving and Filing Briefs

(a) Time to Serve and File a Brief.

(1) The appellant must serve and file a brief within 40 days after

the record is filed. The appellee must serve and file a brief

within 30 days after the appellant’s brief is served. The

appellant may serve and file a reply brief within 21 days after

service of the appellee’s brief but a reply brief must be filed at

least 7 days before argument, unless the court, for good cause,

allows a later filing.

(2) A court of appeals that routinely considers cases on the merits

promptly after the briefs are filed may shorten the time to serve

and file briefs, either by local rule or by order in a particular

case.

(b) Number of Copies.

Twenty-five copies of each brief must be filed with the clerk and 2

copies must be served on each unrepresented party and on counsel for

each separately represented party. An unrepresented party

proceeding in forma pauperis must file 4 legible copies with the clerk,

and one copy must be served on each unrepresented party and on

counsel for each separately represented party. The court may by local

rule or by order in a particular case require the filing or service of a

different number.

†

If an appellant fails to file a brief within the time provided by this rule,

or within an extended time, an appellee may move to dismiss the

appeal. An appellee who fails to file a brief will not be heard at oral

argument unless the court grants permission.

‡

This court has extended the deadlines to file an appellant’s principal brief and an appellee’s response

brief to 60 days and 40 days, respectively. See Fed. Cir. R. 31(a)(1)(A)–(B); Fed. Cir. R. 31(a)(2)

. The

deadline for a reply brief remains unchanged, though the court may permit later filing in the limited

circumstance offered by

Fed. Cir. R. 34(a)..

†

The court requires fewer paper copies of briefs pursuant to Fed. Cir. R. 25(c)(3), as cross-referenced

in Fed. Cir. R. 31(b).

‡

The clerk of court is authorized to dismiss an appeal for an appellant’s failure to file a principal brief.

(continued on the next page)

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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 principal brief within sixty (60) days after

docketing.

(B) In an appeal from an agency, the petitioner or appellant

must serve and file its principal brief within sixty (60)

days after the certified list or index is served pursuant to

Federal Circuit Rule 17(c).

proceed by filing a single brief, that brief must be served

and filed no later than the latest date on which the

principal brief of any of those 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 first-served

certified list or index.

(2) Brief of Appellee or Cross-Appellant.

The appellee or cross-appellant must serve and file its

principal brief within forty (40) days after the appellant’s brief

is served. In a petition for review or appeal from an agency, if

the certified list or index is served after the appellant’s

principal brief, the appellee or cross-appellant must service

See Fed. Cir. R. 31(d). The Practice Notes to Rule 26 (Benefit of Timely Extension Request) explain

how this court views the relationship between an extension request and the filing of an appellant’s

principal brief as it relates to dismissal.

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Federal Circuit Rules of Practice (December 1, 2023) Page 137

FEDERAL CIRCUIT RULE 31

and file its principal brief within forty (40) days after service

of the certified list or index.

(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

(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) Brief Responding to Multiple Parties.

A brief that responds to the briefs of multiple parties must be

served and filed within the time prescribed after service of the

last of those briefs. If one party timely files its brief and

another party fails to file, then the deadline for any responsive

brief will be calculated from the date of service of the filed

brief or the date the unfiled brief 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, must be provided to the court in accordance with

Federal Circuit Rule 25(c)(3). In appeals where all parties are

represented by counsel, an additional paper copy of each brief must be

provided by the filer to principal counsel for the other parties within

the same timeframe prescribed by Federal Circuit Rule 25(c)(3) unless

principal counsel states that a paper copy need not be provided. No

copies are required to be sent to counsel for amici curiae, but counsel

for amici curiae must send a copy to each party as required by this

subsection.

When a motion is filed that, if granted, would terminate an appeal,

cross-appeal, or consolidated appeal, the briefing schedule is

suspended. This suspension does not apply to an appellant’s principal

brief if the motion would only terminate a cross-appeal. 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.

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FEDERAL CIRCUIT RULE 31

(d) Consequence of Failure to File a Brief by Appellant or

Petitioner.

If the appellant or petitioner fails to file a principal brief, the clerk of

court is authorized to dismiss the case.

(e) Time for Filing Informal Brief.

The deadlines to serve and file informal briefs are the same as

those for briefs that are not informal. See Federal Rule of

Appellate Procedure 31(a)(1) and Federal Circuit Rule 31(a).

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Federal Circuit Rules of Practice (December 1, 2023) Page 139

FEDERAL RULE OF APPELLATE PROCEDURE 32

Form of Briefs, Appendices, and Other Papers

(a) Form of a Brief.

(1) Reproduction.

(A) A brief may be reproduced by any process that yields a

clear black image on light paper. The paper must be

opaque and unglazed. Only one side of the paper may be

used.

(B) Text must be reproduced with a clarity that equals or

exceeds the output of a laser printer.

by any method that results in a good copy of the original;

a glossy finish is acceptable if the original is glossy.

(2) Cover.

Except for filings by unrepresented parties, the cover of the

appellant’s brief must be blue; the appellee’s, red; an

intervenor’s or amicus curiae’s, green; any reply brief, gray;

and any supplemental brief, tan.

†

The front cover of a brief

must contain:

(A) the number of the case centered at the top;

(B) the name of the court;

‡

This court encourages the double-sided printing of appendices and addenda. If an appendix or

addendum is bound with a brief, the brief must remain single-sided, but the appendix or addendum

portion may be double-sided. See Fed. Cir. R. 30(c)(3); Fed. Cir. R. 32(d)

†

Fed. R. App. P. 28.1(d) requires a yellow cover for an appellant’s response and reply brief in a case

involving a cross-appeal. As a practical matter, electronically filed versions of documents should not

follow the cover color requirements of

Fed. R. App. R 32(a)(2); only the paper copies should follow the

cover color requirements.

‡

This court encourages parties to include the name of the judge or individual who issued the decision

appealed from in the nature of proceedings on the cover. See the Practice Notes to Rule 32

(Preferred

Cover Content).

This court requires the cover to contain the court’s official caption, with limited exceptions, which

(continued on the next page)

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Federal Circuit Rules of Practice (December 1, 2023) Page 140

FEDERAL RULE OF APPELLATE PROCEDURE 32

(D) the nature of the proceeding (e.g., Appeal, Petition for

Review) and the name of the court, agency, or board

below;

(E) the title of the brief, identifying the party or parties for

whom the brief is filed; and

(F) the name, office address, and telephone number of

counsel representing the party for whom the brief is

filed.

(3) Binding.

The brief must be bound in any manner that is secure, does

not obscure the text, and permits the brief to lie reasonably

flat when open.

†

(4) Paper Size, Line Spacing, and Margins.

The brief must be on 8 1/2 by 11 inch paper. The text must be

double-spaced, but quotations more than two lines long may be

indented and single-spaced. Headings and footnotes may be

single-spaced. Margins must be at least one inch on all four

sides. Page numbers may be placed in the margins, but no

text may appear there.

‡

satisfies the title requirement of Fed. R. App. P. 32(a)(2)(C). See Fed. Cir. R. 32(a).

Additional local requirements for material that must be included on the cover, or in the title, can be

found in the following rules: Fed. Cir. R. 25(i)(2); Fed. Cir. R. 25.1(e)(1)(A)–(B); Fed. Cir. R. 27(c)(1)

;

Fed. Cir. R. 30(d). The court prohibits the inclusion of certain words on the cover in specific

circumstances under Fed. Cir. R. 30(a)(4) and Fed. Cir. R. 32(a).

†

This court requires the binding to be placed on the left margin of the printed copies. Parties have the

discretion to select a binding method so long as the binding method is “secure” so that the “bound

copies will not loosen or fall apart,” and the brief will “lie reasonably flat when open.” See

Fed. Cir. R.

32(h).

‡

This court requires that page numbers appear centered in the bottom margin of all documents

exceeding two pages in length. See Fed. Cir. R. 32(e)

. This court also permits the nonconfidential

legend on pages with redactions required by Fed. Cir. R. 25.1(e)(1)(B) to appear in the margins of the

page. See the Practice Notes to Rule 25.1 (Noting Redactions in the Nonconfidential Version).

(continued on the next page)

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FEDERAL RULE OF APPELLATE PROCEDURE 32

(5) Typeface.

Either a proportionally spaced or a monospaced face may be

used.

(A) A proportionally spaced face must include serifs, but

sans-serif type may be used in headings and captions. A

proportionally spaced face must be 14-point or larger.

(B) A monospaced face may not contain more than 10 1/2

characters per inch.

(6) Type Styles.

A brief must be set in a plain, roman style, although italics or

boldface may be used for emphasis. Case names must be

italicized or underlined.

(7) Length.

(A) Page Limitation.

A principal brief may not exceed 30 pages, or a reply brief

15 pages, unless it complies with Rule 32(a)(7)(B).

(B) Type-Volume Limitation.

(i) A principal brief is acceptable if it:

• contains no more than 13,000 words; or

• uses a monospaced face and contains no

more than 1,300 lines of text.

†

(ii) A reply brief is acceptable if it contains no more

than half of the type volume specified in Rule

32(a)(7)(B)(i).

‡

This court applies the typeface requirements to footnotes as well. See the Practice Notes to Rule 32

(Footnotes).

†

This court has enlarged the type-volume limitation for principal briefs to 14,000 words. See Fed. Cir.

R. 32(b)(1).

‡

As this court has enlarged the type-volume limitation for principal briefs, the limitation for reply

briefs is similarly enlarged. See Fed. Cir. R. 32(b)(1)

(continued on the next page)

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FEDERAL RULE OF APPELLATE PROCEDURE 32

(b) Form of an Appendix.

An appendix must comply with Rule 32(a)(1), (2), (3), and (4), with the

following exceptions:

(1) The cover of a separately bound appendix must be white.

(2) An appendix may include a legible photocopy of any document

found in the record or of a printed judicial or agency decision.

(3) When necessary to facilitate inclusion of odd-sized documents

such as technical drawings, an appendix may be a size other

than 8 1/2 by 11 inches and need not lie reasonably flat when

opened.

†

(1) Motion.

The form of a motion is governed by Rule 27(d).

(2) Other Papers.

Any other paper, including a petition for panel rehearing and

a petition for hearing or rehearing en banc, and any response

to such a petition, must be reproduced in the manner

prescribed by Rule 32(a), with the following exceptions:

(A) A cover is not necessary if the caption and signature page

of the paper together contain the information required by

Rule 32(a)(2). If a cover is used, it must be white.

‡

(B) Rule 32(a)(7) does not apply.

The cover of a separately bound appendix filed pursuant to Fed. Cir. R. 30(e) must be red. See Fed.

Cir. R. 30(e)(3). As a practical matter, electronically filed versions of documents should not follow the

cover color requirements of Fed. R. App. R 32(a)(2); only the paper copies should follow the cover color

requirements.

†

See the Practice Notes to Rule 32 (Copies of Patent Documents) for this court’s preference when

compiling large patent documents in an appendix.

‡

The paper copies of amicus briefs in support of a petition for rehearing or petition for hearing en banc

are treated in the same manner as merits briefs in this court and shall have a green cover color. See

Fed. R. App. P. 32(a)

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FEDERAL RULE OF APPELLATE PROCEDURE 32

(d) Signature.

Every brief, motion, or other paper filed with the court must be signed

by the party filing the paper or, if the party is represented, by one of

the party’s attorneys.

(e) Local Variation.

Every court of appeals must accept documents that comply with the

form requirements of this rule and the length limits set by these rules.

By local rule or order in a particular case, a court of appeals may

accept documents that do not meet all the form requirements of this

rule or the length limits set by these rules.

(f) Items Excluded from Length.

In computing any length limit, headings, footnotes, and quotations

count toward the limit but the following items do not:

• cover page;

• disclosure statement;

• a table of contents;

• a table of citations;

• a statement regarding oral argument;

• addendum containing statutes, rules, or regulations;

• certificates of counsel;

• signature block;

• proof of service; and

• any item specifically excluded by these rules or by local rule.

(g) Certificate of Compliance.

(1) Briefs and Papers That Require a Certificate.

A brief submitted under Rules 28.1(e)(2), 29(b)(4), or

32(a)(7)(B) — and a paper submitted under Rules 5(c)(1),

21(d)(1), 27(d)(2)(A), 27(d)(2)(C), 35(b)(2)(A), or 40(b)(1) —

must include a certificate by the attorney, or an unrepresented

See Fed. R. App. P. 27(d)(2) and Fed. Cir. R. 32(b)(2) for additional excluded items.

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FEDERAL RULE OF APPELLATE PROCEDURE 32

party, that the document complies with the type-volume

limitation. The person preparing the certificate may rely on

the word or line count of the word-processing system used to

prepare the document. The certificate must state the number

of words — or the number of lines of monospaced type — in

the document.

(2) Acceptable Form.

Form 6 in the Appendix of Forms meets the requirements for a

certificate of compliance.

FEDERAL CIRCUIT RULE 32

Form of Briefs, Appendices, and Other Papers

(a) Cover.

(1) Official Caption.

Whenever 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).

(2) Prohibitions.

“Nonconfidential” or “public” may not appear on the cover or

first page of any filing unless there is a corresponding

confidential version.

See the Practice Notes to Rule 32 (Certificate of Compliance) providing that Federal Circuit Form 19

satisfies the requirements of Fed. R. App. P. 32(g).

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FEDERAL CIRCUIT RULE 32

(3) Appeals Involving Patents.

When the language of a patent or patent application is at issue

in the appeal, each party’s principal brief must include the

language of one or more exemplary patent claims illustrative of

the issue(s) on the inside of the front cover (or immediately

following the front cover if the language requires more space).

The text of any reproduced claim may be single-spaced.

(b) 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 these rules, the following items do not count

toward those limitations:

(A) certificate of interest;

(B) statement of related cases;

(D) any requirements under Federal Circuit Rule 25.1(e);

(E) the cover page, the inside of the front cover, or text

required to appear on the first page of a filing in lieu of a

cover page; and

(F) statement of counsel for a petition for hearing or

rehearing en banc under Federal Circuit Rule 35(b).

(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.

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FEDERAL CIRCUIT RULE 32

An informal principal brief should be typewritten, but block printing

or, as a last resort, legible handwriting is permitted. An informal

principal brief must not exceed thirty (30) pages of typewritten double-

spaced text or its equivalent. An informal reply brief must not exceed

fifteen (15) pages of typewritten double-spaced text or its equivalent.

If prepared on the court’s form, the form pages count against the total

page limitation. 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.

The court encourages the double-sided printing of the pages of the

appendix, an appendix combined with a brief, and an addendum.

(e) Pagination.

Submissions 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.

(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

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Federal Circuit Rules of Practice (December 1, 2023) Page 147

FEDERAL CIRCUIT RULE 32

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.

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.

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.

Print Size of Briefs.

Parties should avoid photo-reproduction that reduces the print size of

the original smaller than the size required by Federal Rule of

Appellate Procedure 32.

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Federal Circuit Rules of Practice (December 1, 2023) Page 148

PRACTICE NOTES TO RULE 32

Footnotes.

The typeface requirements of Federal Rule of Appellate Procedure

32(a)(5) apply to all text in the brief, including footnotes.

Copies of Patent Documents.

Oversize patent documents reproduced in a brief or appendix should

be photo-reduced 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.

Certificate of Compliance.

Using 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.

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 Rules of Practice (December 1, 2023) Page 149

FEDERAL RULE OF APPELLATE PROCEDURE 32.1

Citing Judicial Dispositions

(a) Citation Permitted.

A court may not prohibit or restrict the citation of federal judicial

opinions, orders, judgments, or other written dispositions that have

been:

(i) designated as “unpublished,” “not for publication,” “non-

precedential,” “not precedent,” or the like; and

(ii) issued on or after January 1, 2007.

(b) Copies Required.

If a party cites a federal judicial opinion, order, judgment, or other

written disposition that is not available in a publicly accessible

electronic database, the party must file and serve a copy of that

opinion, order, judgment, or disposition with the brief or other paper

in which it is cited.

FEDERAL CIRCUIT RULE 32.1

Citing Judicial Dispositions

(a) Nonprecedential Disposition.

A nonprecedential disposition must bear a legend designating it as

nonprecedential. A precedential disposition will 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.

Parties are not prohibited or restricted from citing nonprecedential

dispositions.

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Federal Circuit Rules of Practice (December 1, 2023) Page 150

FEDERAL CIRCUIT RULE 32.1

(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.

(e) Request to Make an Opinion or Order Precedential.

Within sixty (60) days after the court issues a nonprecedential opinion

or order, any person may request through motion filed in the case that

the opinion or order be reissued as precedential. The request will be

considered by the panel that rendered the disposition. The motion

must identify any case that person knows to be pending that would be

determined or affected by reissuance as precedential. Parties to

pending cases having a stake in the outcome of a decision on 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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Federal Circuit Rules of Practice (December 1, 2023) Page 151

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.” 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 available through

the court’s website at http://www.cafc.uscourts.gov/email-

subscriptions.

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.

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Federal Circuit Rules of Practice (December 1, 2023) Page 152

FEDERAL RULE OF APPELLATE PROCEDURE 33

Appeal Conferences

The court may direct the attorneys — and, when appropriate, the

parties — to participate in one or more conferences to address any

matter that may aid in disposing of the proceedings, including

simplifying the issues and discussing settlement. A judge or other

person designated by the court may preside over the conference, which

may be conducted in person or by telephone. Before a settlement

conference, the attorneys must consult with their clients and obtain

as much authority as feasible to settle the case. The court may, as a

result of the conference, enter an order controlling the course of the

proceedings or implementing any settlement agreement.

FEDERAL CIRCUIT RULE 33

Appeal Conferences

(a) Settlement Discussion.

Parties are encouraged to discuss settlement and to attempt

settlement prior to the conclusion of merits briefing. To the

extent possible and without divulging confidential information,

parties should also apprise the court of ongoing settlement

discussions.

(b) Mediation.

Parties are encouraged to utilize the court’s mediation program in

order to facilitate settlement. The court may adopt mediation

guidelines with respect to mediation of the cases pending before this

court. Those guidelines are binding on the parties.

FEDERAL CIRCUIT RULE 33.1

[Reserved]

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FEDERAL RULE OF APPELLATE PROCEDURE 34

Oral Argument

(a) In General.

(1) Party’s Statement.

Any party may file, or a court may require by local rule, a

statement explaining why oral argument should, or need not,

be permitted.

(2) Standards.

Oral argument must be allowed in every case unless a panel of

three judges who have examined the briefs and record

unanimously agrees that oral argument is unnecessary for any

of the following reasons:

(A) the appeal is frivolous;

(B) the dispositive issue or issues have been authoritatively

decided; or

in the briefs and record, and the decisional process would

not be significantly aided by oral argument.

(b) Notice of Argument; Postponement.

The clerk must advise all parties whether oral argument will be

scheduled, and, if so, the date, time, and place for it, and the time

allowed for each side. A motion to postpone the argument or to allow

longer argument must be filed reasonably in advance of the hearing

date.

The appellant opens and concludes the argument. Counsel must not

read at length from briefs, records, or authorities.

(d) Cross-Appeals and Separate Appeals.

If there is a cross-appeal, Rule 28.1(b) determines which party is the

appellant and which is the appellee for purposes of oral argument.

Unless the court directs otherwise, a cross-appeal or separate appeal

This court does not have a local rule requiring the filing of a statement regarding oral argument.

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Federal Circuit Rules of Practice (December 1, 2023) Page 154

must be argued when the initial appeal is argued. Separate parties

should avoid duplicative argument.

(e) Nonappearance of a Party.

If the appellee fails to appear for argument, the court must hear

appellant’s argument. If the appellant fails to appear for argument,

the court may hear the appellee’s argument. If neither party appears,

the case will be decided on the briefs, unless the court orders

otherwise.

(f) Submission on Briefs.

The parties may agree to submit a case for decision on the briefs, but

the court may direct that the case be argued.

(g) Use of Physical Exhibits at Argument; Removal.

Counsel intending to use physical exhibits other than documents at

the argument must arrange to place them in the courtroom on the day

of the argument before the court convenes. After the argument,

counsel must remove the exhibits from the courtroom, unless the court

directs otherwise. The clerk may destroy or dispose of the exhibits if

counsel does not reclaim them within a reasonable time after the clerk

gives notice to remove them.

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 the 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.

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FEDERAL CIRCUIT RULE 34

(1) Visual Aids Used at a Trial or Administrative Hearing;

Notice.

If a party intends to display at oral argument a visual aid used

at a trial or administrative hearing, the party must advise the

court by letter no later than fourteen (14) days before

argument.

(2) Visual Aids Not Used at a Trial or Administrative

Hearing; Notice.

If a party intends to display at oral argument a visual aid that

was not used at a trial or administrative hearing, the party

must give notice to opposing counsel and notify the court by

letter no later than twenty-one (21) days before 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 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.

(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 supplied 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.

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FEDERAL CIRCUIT RULE 34

(2) Requirement to Notify of Conflicts.

Within seven (7) days after the clerk of court issues a notice

requesting scheduling conflicts, the parties must file a

completed response on the form prescribed by the clerk of

court, even if no scheduling conflicts exist. 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.

(4) Delegation of Authority.

The court may delegate to the clerk of court the authority to

impose additional limitations on scheduling conflicts, including

limiting counsel to a specified number of scheduling conflicts,

and to accept or reject individual conflict dates for lack of good

cause.

(e) Arguing Counsel.

(1) Notice of Oral Argument; Required Response.

The clerk of court will notify parties when a case has been

scheduled for argument. Each party 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.

(2) Limitation on the Number of Arguing Counsel.

Absent leave of court requested at least seven (7) days before

argument, no more than two (2) counsel may argue on behalf

of each side and no more than one (1) counsel may argue on

behalf of each party or on behalf of parties represented by the

same counsel or by counsel from the same firm.

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FEDERAL CIRCUIT RULE 34

(3) Copies at Oral Argument.

In a case scheduled for oral argument, all arguing counsel must

have a copy of each brief and appendix in the case, including

those filed by other parties, close at hand during the argument,

in a form (paper or electronic) allowing speedy access to its

contents.

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Federal Circuit Rules of Practice (December 1, 2023) Page 158

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, D.C., but the court may sit

elsewhere pursuant to Federal Circuit Rule 47.1. The Notice of Oral

Argument is usually issued within four months after all briefs and the

appendix are filed. Counsel are advised of the scheduled date of

hearing approximately six weeks before the session.

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.

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.

Ed. Note: This practice has since changed. Arguing counsel are now expected to check-in with the

courtroom deputy at their assigned courtroom at least thirty minutes before the start of the day’s

session.

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PRACTICE NOTES TO RULE 34

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, in 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.

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 by email or, if

time permits, by filing a citation of supplemental authority pursuant

to Federal Rule of Appellate Procedure 28(j).

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

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Federal Circuit Rules of Practice (December 1, 2023) Page 160

PRACTICE NOTES TO RULE 34

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).

Paper Copies at Oral Argument.

Parties are encouraged to bring paper copies of each brief and

appendix to oral argument.

FEDERAL RULE OF APPELLATE PROCEDURE 35

En Banc Determination

(a) When Hearing or Rehearing En Banc May Be Ordered.

A majority of the circuit judges who are in regular active service and

who are not disqualified may order that an appeal or other proceeding

be heard or reheard by the court of appeals en banc. An en banc

hearing or rehearing is not favored and ordinarily will not be ordered

unless:

(1) en banc consideration is necessary to secure or maintain

uniformity of the court’s decisions; or

(2) the proceeding involves a question of exceptional importance.

(b) Petition for Hearing or Rehearing En Banc.

A party may petition for a hearing or rehearing en banc.

(1) The petition must begin with a statement that either:

(A) the panel decision conflicts with a decision of the United

States Supreme Court or of the court to which the

petition is addressed (with citation to the conflicting case

or cases) and consideration by the full court is therefore

necessary to secure and maintain uniformity of the

court’s decisions; or

(B) the proceeding involves one or more questions of

exceptional importance, each of which must be concisely

stated; for example, a petition may assert that a

proceeding presents a question of exceptional importance

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FEDERAL RULE OF APPELLATE PROCEDURE 35

if it involves an issue on which the panel decision

conflicts with the authoritative decisions of other United

States Courts of Appeals that have addressed the issue.

(2) Except by the court’s permission:

(A) a petition for an en banc hearing or rehearing produced

using a computer must not exceed 3,900 words; and

(B) a handwritten or typewritten petition for an en banc

hearing or rehearing must not exceed 15 pages.

(3) For purposes of the limits in Rule 35(b)(2), if a party files both

a petition for panel rehearing and a petition for rehearing en

banc, they are considered a single document even if they are

filed separately, unless separate filing is required by local rule.

†

A petition that an appeal be heard initially en banc must be filed by

the date when the appellee’s brief is due. A petition for a rehearing

en banc must be filed within the time prescribed by Rule 40 for filing

a petition for rehearing.

‡

(d) Number of Copies.

The number of copies to be filed must be prescribed by local rule and

may be altered by order in a particular case.

Fed. Cir. R. 35(e) lists all local content requirements for a petition for hearing en banc, petition for

rehearing en banc, and combined petition for panel rehearing and rehearing en banc.

†

This court does not permit the separate filing of a petition for panel rehearing and petition for

rehearing en banc. Any party requesting both must do so through filing a single combined petition.

See Fed. Cir. R. 32(d)

‡

This court affords parties more time to file a petition for panel rehearing under Fed. Cir. R. 40(d).

Any petition for rehearing en banc or combined petition must be filed within this court’s enlarged

deadline. See

Fed. Cir. R. 35(j).

The number of paper copies required by this court for a petition for hearing en banc, petition for

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

can be found under Fed. Cir. R. 25(c)(3), as cross-referenced by Fed. Cir. R. 35(c) and

Fed. Cir. R.

35(h)(1)–(2).

(continued on the next page)

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FEDERAL RULE OF APPELLATE PROCEDURE 35

(e) Response.

No response may be filed to a petition for an en banc consideration

unless the court orders a response. The length limits in Rule 35(b)(2)

apply to a response.

(f) Call for a Vote.

A vote need not be taken to determine whether the case will be heard

or reheard en banc unless a judge calls for a vote.

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 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 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:

Any ordered response must adhere to Fed. Cir. R. 35(e)(2).

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FEDERAL CIRCUIT RULE 35

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).

(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 exceptional importance: (set forth each

question in a separate sentence).

Paper copies of petitions for hearing or rehearing en banc, combined

petitions, or related responses must be filed with the court in

accordance with Federal Circuit Rule 25(c)(3).

(d) Combined Petition for Panel Rehearing and Rehearing En

Banc.

If a party chooses to file both a petition for panel rehearing under

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. 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) Required Contents.

The required contents for a petition for hearing en banc,

petition for rehearing en banc, and combined petition are as

follows:

(A) a white cover or first sheet as prescribed in Federal Rule

of Appellate Procedure 32(c)(2)(A);

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FEDERAL CIRCUIT RULE 35

(B) the certificate of interest under Federal Circuit Rule

47.4, which must appear immediately after the front

page;

(D) the table of authorities;

(E) the statement of counsel required under 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);

(G) the argument;

(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) Response.

If the court requests a response, which must not exceed 3,900

words if prepared electronically or fifteen (15) pages otherwise,

the required contents are as follows:

(A) a white cover or first sheet as prescribed in Federal Rule

of Appellate Procedure 32(c)(2)(A);

(B) the certificate of interest under Federal Circuit Rule

47.4, which must appear immediately after the front

page;

(D) the table of authorities;

(E) the argument in response;

(F) 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) Copies of Briefs in Cases to be Heard or Reheard En Banc.

Paper copies of all 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)(3), 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, except

as otherwise permitted or directed by the court.

(1) Leave.

The brief must be accompanied by a motion for leave to file.

(2) Timeliness.

Any brief and motion for leave must be filed within fourteen

(14) days after 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 and motion must be filed

within fourteen (14) days after 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) Paper Copies.

Paper copies of the brief must be provided to the court in

accordance with Federal Circuit Rule 25(c)(3).

(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

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FEDERAL CIRCUIT RULE 35

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)(3).

(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.

(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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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 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 the date it was mailed. The clerk of court may

return an untimely petition for hearing or rehearing en banc.

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 RULE OF APPELLATE PROCEDURE 36

Entry of Judgment; Notice

(a) Entry.

A judgment is entered when it is noted on the docket. The clerk must

prepare, sign, and enter the judgment:

(1) after receiving the court’s opinion — but if settlement of the

judgment’s form is required, after final settlement; or

(2) if a judgment is rendered without an opinion, as the court

instructs.

(b) Notice.

On the date when judgment is entered, the clerk must serve on all

parties a copy of the opinion — or the judgment, if no opinion was

written — and a notice of the date when the judgment was entered.

FEDERAL CIRCUIT RULE 36

Entry of Judgment

(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:

(1) the judgment, decision, or order of the trial court appealed from

is based on findings that are not clearly erroneous;

(2) the evidence supporting the jury’s verdict is sufficient;

(3) the record supports summary judgment, directed verdict, or

judgment on the pleadings;

This court does not prepare separate judgment for dispositive orders issued without an opinion;

instead this court’s dispositive order also serves as the judgment. See Fed. Cir. R. 36(b)

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FEDERAL CIRCUIT RULE 36

(4) the decision of an administrative agency warrants affirmance

under the standard of review in the statute authorizing the

petition for review; or

(5) 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.

FEDERAL RULE OF APPELLATE PROCEDURE 37

Interest on Judgment

(a) When the Court Affirms.

Unless the law provides otherwise, if a money judgment in a civil case

is affirmed, whatever interest is allowed by law is payable from the

date when the district court’s judgment was entered.

(b) When the Court Reverses.

If the court modifies or reverses a judgment with a direction that a

money judgment be entered in the district court, the mandate must

contain instructions about the allowance of interest.

FEDERAL RULE OF APPELLATE PROCEDURE 38

Frivolous Appeal

If a court of appeals determines that an appeal is frivolous, it may,

after a separately filed motion or notice from the court and reasonable

opportunity to respond, award just damages and single or double costs

to the appellee.

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PRACTICE NOTES TO RULE 38

Warning Against Filing or Proceeding with a Frivolous Appeal or

Petition.

The court’s early decision in Asberry v. United States, 692 F.2d. 1378

(Fed. Cir. 1982), established the policy of enforcing this rule

vigorously. Since then, many precedential opinions have included

sanctions under the rule. Damages, double costs, and attorney fees,

singly or in varying combinations, have been imposed on counsel,

parties, and unrepresented petitioners for pursuing frivolous appeals.

Challenging a Frivolous Appeal.

If an appellee or respondent considers an appeal or petition frivolous,

the appellee or respondent must file a separate motion with that

allegation. The assertion that an appeal is frivolous must be

accompanied by citation to the opposing brief or the record below with

clear argument as to why those citations establish that the appeal is

frivolous. A party whose case has been challenged as frivolous is

expected to respond or to request dismissal of the case.

Motions for Sanctions.

Motions for sanctions under this rule are filed in accordance with the

requirements of Federal Rule of Appellate Procedure and Federal

Circuit Rule 27.

FEDERAL RULE OF APPELLATE PROCEDURE 39

Costs

(a) Against Whom Assessed.

The following rules apply unless the law provides or the court orders

otherwise:

(1) if an appeal is dismissed, costs are taxed against the appellant,

unless the parties agree otherwise;

(2) if a judgment is affirmed, costs are taxed against the appellant;

(3) if a judgment is reversed, costs are taxed against the appellee;

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FEDERAL RULE OF APPELLATE PROCEDURE 39

(4) if a judgment is affirmed in part, reversed in part, modified, or

vacated, costs are taxed only as the court orders.

(b) Costs For and Against the United States.

Costs for or against the United States, its agency, or officer will be

assessed under Rule 39(a) only if authorized by law.

Each court of appeals must, by local rule, fix the maximum rate for

taxing the cost of producing necessary copies of a brief or appendix, or

copies of records authorized by Rule 30(f). The rate must not exceed

that generally charged for such work in the area where the clerk’s

office is located and should encourage economical methods of copying.

(d) Bill of Costs: Objections; Insertion in Mandate.

(1) A party who wants costs taxed must — within 14 days after

entry of judgment — file with the circuit clerk and serve an

itemized and verified bill of costs.

(2) Objections must be filed within 14 days after service of the bill

of costs, unless the court extends the time.

(3) The clerk must prepare and certify an itemized statement of

costs for insertion in the mandate, but issuance of the mandate

must not be delayed for taxing costs. If the mandate issues

before costs are finally determined, the district clerk must —

upon the circuit clerk’s request — add the statement of costs, or

any amendment of it, to the mandate.

(e) Costs on Appeal Taxable in the District Court.

The following costs on appeal are taxable in the district court for the

benefit of the party entitled to costs under this rule:

(1) the preparation and transmission of the record;

(2) the reporter’s transcript, if needed to determine the appeal;

(3) premiums paid for a bond or other security to preserve rights

pending appeal; and

(4) the fee for filing the notice of appeal.

Fed. Cir. R. 39(c) outlines this court’s process for setting cost taxation rates.

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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; 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 otherwise. Any objection

must include a certificate of compliance that adheres to Federal Rule

of Appellate Procedure 32(g)(1).

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 Rules 25(c)(3), 30(a)(3),

and 31(b).

(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.

(e) Costs in Favor of Intervenors.

No costs will be taxed in favor of intervenors without leave of the court.

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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.

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 is unrepresented.

The court is not involved in collection matters.

Costs in a Case Involving a Claim Under the Uniformed Services

Employment and Reemployment Rights Act of 1994.

No costs are taxed 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 RULE OF APPELLATE PROCEDURE 40

Petition for Panel Rehearing

(a) Time to File; Contents; Response; Action by the Court if

Granted.

(1) Time.

Unless the time is shortened or extended by order or local rule,

a petition for panel rehearing may be filed within 14 days

after entry of judgment.

But in a civil case, unless an order

shortens or extends the time, the petition may be filed by any

party within 45 days after entry of judgment if one of the

parties is:

(A) the United States;

(B) a United States agency;

capacity; or

(D) a current or former United States officer or employee

sued in an individual capacity for an act or omission

occurring in connection with duties performed on the

United States’ behalf — including all instances in which

the United States represents that person when the court

of appeals’ judgment is entered or files that petition for

that person.

(2) Contents.

The petition must state with particularity each point of law or

fact that the petitioner believes the court has overlooked or

misapprehended and must argue in support of the petition.

Oral argument is not permitted.

†

This court has extended the time to file a petition for rehearing in cases not involving the federal

government from 14 days to 30 days. See Fed. Cir. R. 40(d)

†

Fed. Cir. R. 40(a) lists all local content requirements for a petition for panel rehearing. The content

requirements for a combined petition for panel rehearing and rehearing en banc can be found under

Fed. Cir. R. 35(e).

(continued on the next page)

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FEDERAL RULE OF APPELLATE PROCEDURE 40

(3) Response.

Unless the court requests, no response to a petition for panel

rehearing is permitted. Ordinarily, rehearing will not be

granted in the absence of such a request. If a response is

requested, the requirements of Rule 40(b) apply to the

response.

(4) Action by the Court.

If a petition for panel rehearing is granted, the court may do

any of the following:

(A) make a final disposition of the case without reargument;

(B) restore the case to the calendar for reargument or

resubmission; or

(b) Form of Petition; Length.

The petition must comply in form with Rule 32. Copies must be served

and filed as Rule 31 prescribes.

†

Except by the court’s permission:

(1) a petition for panel rehearing produced using a computer must

not exceed 3,900 words; and

(2) a handwritten or typewritten petition for panel rehearing must

not exceed 15 pages.

Any ordered response must adhere to Fed. Cir. R. 40(c).

†

This court’s paper copy requirements for a petition for panel rehearing can be found under Fed. Cir.

R. 25(c)(3), as cross-referenced in Fed Cir. R. 40(e)(1)–(2) and Fed. Cir. R. 40(g).

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FEDERAL CIRCUIT RULE 40

Petition for Panel Rehearing

(a) Contents of Petition for Panel Rehearing.

The required contents for a petition for panel rehearing are as follows:

(1) a white cover or first page as prescribed in Federal Rule of

Appellate Procedure 32(c)(2)(A);

(2) the certificate of interest under Federal Circuit Rule 47.4,

which must appear immediately after the front page;

(3) the table of contents;

(4) the table of authorities;

(5) the points of law or fact overlooked or misapprehended by the

court;

(6) the argument;

(7) an addendum containing a copy of the court’s dispositive order,

opinion, or judgment of affirmance without opinion; and

(8) 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.

(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 40

If the court requests a response, which must not exceed 3,900 words if

prepared electronically or fifteen (15) pages otherwise, the required

contents are as follows:

(1) a white cover or first sheet with the information prescribed in

Federal Rule of Appellate Procedure 32(c)(2)(A);

(2) the certificate of interest under Federal Circuit Rule 47.4,

which must appear immediately after the front page;

(3) the table of contents;

(4) the table of authorities;

(5) the argument;

(6) any addendum under Federal Circuit Rule 40(b); and

(7) a certificate of compliance that adheres to Federal Circuit Rule

32(g)(1).

(d) 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.

(e) Informal Petition for Panel Rehearing; Response.

(1) Informal Petition.

An unrepresented 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 Response.

If the court requests a response to an informal petition for

panel rehearing, or if the court requests an unrepresented

party to respond to a formal petition for panel rehearing, the

response may be informal. The informal response may not

exceed fifteen (15) typewritten double-spaced pages, and three

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FEDERAL CIRCUIT RULE 40

(3) copies must be filed in accordance with Federal Circuit

Rule 25(c)(3).

(f) 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, except as otherwise permitted or directed

by the court.

(1) Leave.

The brief must be accompanied by a motion for leave to file.

(2) Timeliness.

Any brief and motion for leave must be filed within fourteen

(14) days after 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 and motion for leave to file

the brief must be filed within fourteen (14) days after 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) Paper Copies.

Paper copies of the brief must be provided to the court in

accordance with Federal Circuit Rule 25(c)(3).

(g) Paper Copies.

Paper copies of petitions for panel rehearing or responses to petitions

for panel rehearing must be provided to the court in accordance with

Federal Circuit Rule 25(c)(3).

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PRACTICE NOTES TO RULE 40

Timeliness.

A petition for panel rehearing is filed when the court receives it, not

on the date it 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 petitions 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 RULE OF APPELLATE PROCEDURE 41

Mandate: Contents; Issuance and Effective Date; Stay

(a) Contents.

Unless the court directs that a formal mandate issue, the mandate

consists of a certified copy of the judgment, a copy of the court’s

opinion, if any, and any direction about costs.

(b) When Issued.

The court’s mandate must issue 7 days after the time to file a petition

for rehearing expires, or 7 days after entry of an order denying a

timely petition for panel rehearing, petition for rehearing en banc, or

motion for stay of mandate, whichever is later. The court may shorten

or extend the time by order.

The mandate is effective when issued.

(d) Staying the Mandate Pending a Petition for Certiorari.

(1) Motion to Stay.

A party may move to stay the mandate pending the filing of a

petition for a writ of certiorari in the Supreme Court. The

motion must be served on all parties and must show that the

petition would present a substantial question and that there is

good cause for a stay.

(2) Duration of Stay; Extensions.

The stay must not exceed 90 days, unless:

(A) the period is extended for good cause; or

(B) the party who obtained the stay notifies the circuit clerk

in writing within the period of the stay:

(i) that the time for filing a petition has been

extended, in which case the stay continues for the

extended period; or

The court does not issue mandates in original proceedings or in appeals transferred to other courts or

agencies.

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FEDERAL RULE OF APPELLATE PROCEDURE 41

(ii) that the petition has been filed, in which case the

stay continues until the Supreme Court’s final

disposition.

(3) Security.

The court may require a bond or other security as a condition

to granting or continuing a stay of the mandate.

(4) Issuance of Mandate.

The court of appeals must issue the mandate immediately on

receiving a copy of a Supreme Court order denying the

petition, unless extraordinary circumstances exist.

FEDERAL CIRCUIT RULE 41

Issuance of Mandate

An order granting an unopposed motion to dismiss or remand a case

will constitute the mandate.

PRACTICE NOTES 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 RULE OF APPELLATE PROCEDURE 42

Voluntary Dismissal

(a) Dismissal in the District Court.

Before an appeal has been docketed by the circuit clerk, the district

court may dismiss the appeal on the filing of a stipulation signed by

all parties or on the appellant’s motion with notice to all parties.

(b) Dismissal in the Court of Appeals.

(1) Stipulated Dismissal. The circuit clerk must dismiss a

docketed appeal if the parties file a signed dismissal agreement

specifying how costs are to be paid and pay any court fees that are due.

(2) Appellant’s Motion to Dismiss. An appeal may be dismissed

on the appellant’s motion on terms agreed to by the parties or fixed by

the court.

(3) Other Relief. A court order is required for any relief under

Rule 42(b)(1) or (2) beyond the dismissal of an appeal—including

approving a settlement, vacating an action of the district court or an

administrative agency, or remanding the case to either of them.

This Rule 42 does not alter the legal requirements governing court

approval of a settlement, payment, or other consideration.

(b) Criminal Cases.

A court may, by local rule, impose requirements to confirm that a

defendant has consented to the dismissal of an appeal in a criminal

case.

The court has not imposed a corresponding local rule.

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PRACTICE NOTES TO RULE 42

Stipulation of Dismissal Form.

Using Federal Circuit Form 18 satisfies the requirements to stipulate

to dismissal of an appeal under Federal Rule of Appellate Procedure

42(b)(1).

FEDERAL RULE OF APPELLATE PROCEDURE 43

Substitution of Parties

(a) Death of a Party.

(1) After Notice of Appeal Is Filed.

If a party dies after a notice of appeal has been filed or while a

proceeding is pending in the court of appeals, the decedent’s

personal representative may be substituted as a party on

motion filed with the circuit clerk by the representative or by

any party. A party’s motion must be served on the

representative in accordance with Rule 25. If the decedent has

no representative, any party may suggest the death on the

record, and the court of appeals may then direct appropriate

proceedings.

(2) Before Notice of Appeal Is Filed — Potential Appellant.

If a party entitled to appeal dies before filing a notice of

appeal, the decedent’s personal representative — or, if there is

no personal representative, the decedent’s attorney of

record — may file a notice of appeal within the time prescribed

by these rules. After the notice of appeal is filed, substitution

must be in accordance with Rule 43(a)(1).

(3) Before Notice of Appeal Is Filed — Potential Appellee.

If a party against whom an appeal may be taken dies after

entry of a judgment or order in the district court, but before a

notice of appeal is filed, an appellant may proceed as if the

death had not occurred. After the notice of appeal is filed,

substitution must be in accordance with Rule 43(a)(1).

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FEDERAL RULE OF APPELLATE PROCEDURE 43

(b) Substitution for a Reason Other Than Death.

If a party needs to be substituted for any reason other than death, the

procedure prescribed in Rule 43(a) applies.

(1) Identification of Party.

A public officer who is a party to an appeal or other proceeding

in an official capacity may be described as a party by the

public officer’s official title rather than by name. But the court

may require the public officer’s name to be added.

(2) Automatic Substitution of Officeholder.

When a public officer who is a party to an appeal or other

proceeding in an official capacity dies, resigns, or otherwise

ceases to hold office, the action does not abate. The public

officer’s successor is automatically substituted as a party.

Proceedings following the substitution are to be in the name of

the substituted party, but any misnomer that does not affect

the substantial rights of the parties may be disregarded. An

order of substitution may be entered at any time, but failure to

enter an order does not affect the substitution.

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FEDERAL RULE OF APPELLATE PROCEDURE 44

Case Involving a Constitutional Question When the United States or the

Relevant State is Not a Party

(a) Constitutional Challenge to Federal Statute.

If a party questions the constitutionality of an Act of Congress in a

proceeding in which the United States or its agency, officer, or

employee is not a party in an official capacity, the questioning party

must give written notice to the circuit clerk immediately upon the

filing of the record or as soon as the question is raised in the court of

appeals. The clerk must then certify that fact to the Attorney General.

(b) Constitutional Challenge to State Statute.

If a party questions the constitutionality of a statute of a State in a

proceeding in which that State or its agency, officer, or employee is not

a party in an official capacity, the questioning party must give written

notice to the circuit clerk immediately upon the filing of the record or

as soon as the question is raised in the court of appeals. The clerk

must then certify that fact to the attorney general of the State.

PRACTICE NOTES TO RULE 44

Raising a Constitutional Question in a Brief or Motion.

Inclusion of a constitutional challenge in a brief or motion is

insufficient to satisfy the written notice requirements of Federal Rule

of Appellate Procedure 44. Parties must file a separate notice before

the clerk of court will certify a matter to the Attorney General of the

United States or the attorney general of a State.

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Federal Circuit Rules of Practice (December 1, 2023) Page 186

FEDERAL RULE OF APPELLATE PROCEDURE 45

Clerk’s Duties

(a) General Provisions.

(1) Qualifications.

The circuit clerk must take the oath and post any bond

required by law. Neither the clerk nor any deputy clerk may

practice as an attorney or counselor in any court while in

office.

(2) When Court Is Open.

The court of appeals is always open for filing any paper,

issuing and returning process, making a motion, and entering

an order. The clerk’s office with the clerk or a deputy in

attendance must be open during business hours on all days

except Saturdays, Sundays, and legal holidays. A court may

provide by local rule or by order that the clerk’s office be open

for specified hours on Saturdays or on legal holidays other

than New Year’s Day, Martin Luther King, Jr.’s Birthday,

Washington’s Birthday, Memorial Day, Juneteenth National

Independence Day, Independence Day, Labor Day, Columbus

Day, Veterans’ Day, Thanksgiving Day, and Christmas Day.

(b) Records.

(1) The Docket.

The circuit clerk must maintain a docket and an index of all

docketed cases in the manner prescribed by the Director of the

Administrative Office of the United States Courts. The clerk

must record all papers filed with the clerk and all process,

orders, and judgments.

(2) Calendar.

Under the court’s direction, the clerk must prepare a calendar

of cases awaiting argument. In placing cases on the calendar

for argument, the clerk must give preference to appeals in

Electronic filing remains available even on days when the clerk’s office is closed to the public on a

weekend or legal holiday. See Fed. R. App. P. 26(a)(6); Fed. Cir. R. 26(a)(2). Fed. Cir. R. 26(a)(3)–(4)

explain how this court handles the inaccessibility of either the physical clerk’s office or electronic filing

when the clerk’s office would otherwise be open.

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FEDERAL RULE OF APPELLATE PROCEDURE 45

criminal cases and to other proceedings and appeals entitled

to preference by law.

(3) Other Records.

The clerk must keep other books and records required by the

Director of the Administrative Office of the United States

Courts, with the approval of the Judicial Conference of the

United States, or by the court.

Upon the entry of an order or judgment, the circuit clerk must

immediately serve a notice of entry on each party, with a copy

of any opinion, and must note the date of service on the

docket. Service on a party represented by counsel must be

made on counsel.

(d) Custody of Records and Papers.

The circuit clerk has custody of the court’s records and papers.

Unless the court orders or instructs otherwise, the clerk must

not permit an original record or paper to be taken from the

clerk’s office. Upon disposition of the case, original papers

constituting the record on appeal or review must be returned

to the court or agency from which they were received. The

clerk must preserve a copy of any brief, appendix, or other

paper that has been filed.

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, and any

motion for reconsideration must be filed within fourteen (14) days

after issuance of the order of dismissal and must 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.

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FEDERAL CIRCUIT RULE 45

(b) Release of Confidential or Sealed Materials.

Absent 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.

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.

(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 self-authenticating when

issued through the court’s electronic filing system. Documents

requiring a 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.

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FEDERAL CIRCUIT RULE 45

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.

(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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FEDERAL RULE OF APPELLATE PROCEDURE 46

Attorneys

(a) Admission to the Bar.

(1) Eligibility.

An attorney is eligible for admission to the bar of a court of

appeals if that attorney is of good moral and professional

character and is admitted to practice before the Supreme

Court of the United States, the highest court of a state,

another United States court of appeals, or a United States

district court (including the district courts for Guam, the

Northern Mariana Islands, and the Virgin Islands).

(2) Application.

An applicant must file an application for admission, on a form

approved by the court that contains the applicant’s personal

statement showing eligibility for membership. The applicant

must subscribe to the following oath or affirmation:

“I, ________________________, do solemnly swear [or affirm]

that I will conduct myself as an attorney and counselor of this

court, uprightly and according to law; and that I will support

the Constitution of the United States.”

(3) Admission Procedures.

On written or oral motion of a member of the court’s bar, the

court will act on the application. An applicant may be

admitted by oral motion in open court. But, unless the court

orders otherwise, an applicant need not appear before the

court to be admitted. Upon admission, an applicant must pay

the clerk the fee prescribed by local rule or court order.

†

Form 21 is this court’s local form for an application for admission to the bar.

†

This court requires that fees be paid in advance. See Fed. Cir. R. 52(c).

(continued on the next page)

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FEDERAL RULE OF APPELLATE PROCEDURE 46

(b) Suspension or Disbarment.

(1) Standard.

A member of the court’s bar is subject to suspension or

disbarment by the court if the member:

(A) has been suspended or disbarred from practice in any

other court; or

(B) is guilty of conduct unbecoming a member of the court’s

bar.

(2) Procedure.

The member must be given an opportunity to show good cause,

within the time prescribed by the court, why the member

should not be suspended or disbarred.

(3) Order.

The court must enter an appropriate order after the member

responds and a hearing is held, if requested, or after the time

prescribed for a response expires, if no response is made.

†

A court of appeals may discipline an attorney who practices before it

for conduct unbecoming a member of the bar or for failure to comply

with any court rule. First, however, the court must afford the attorney

reasonable notice, an opportunity to show cause to the contrary, and,

if requested, a hearing.

See this court’s Attorney Discipline Rules for further information. See Fed. Cir. R. 46(f).

†

See this court’s Attorney Discipline Rules for further information. See Fed. Cir. R. 46(f).

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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 attests 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 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

An attorney seeking admission to the bar of this court must

electronically submit an application for admission in accordance with

the court’s Electronic Filing Procedures. After admission, the

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 or Contact Information.

An attorney admitted to the bar of this court must promptly update

electronic filing account information to reflect any change of name or

change in contact information.

(f) Disciplinary Action.

Disciplinary action against an attorney will be conducted in

accordance with the Federal Circuit Attorney Discipline Rules.

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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FEDERAL RULE OF APPELLATE PROCEDURE 47

Local Rules by Courts of Appeals

(a) Local Rules.

(1) Each court of appeals acting by a majority of its judges in

regular active service may, after giving appropriate public

notice and opportunity for comment, make and amend rules

governing its practice. A generally applicable direction to

parties or lawyers regarding practice before a court must be in

a local rule rather than an internal operating procedure or

standing order. A local rule must be consistent with — but not

duplicative of — Acts of Congress and rules adopted under 28

U.S.C. §2072 and must conform to any uniform numbering

system prescribed by the Judicial Conference of the United

States. Each circuit clerk must send the Administrative Office

of the United States Courts a copy of each local rule and

internal operating procedure when it is promulgated or

amended.

(2) A local rule imposing a requirement of form must not be

enforced in a manner that causes a party to lose rights because

of a nonwillful failure to comply with the requirement.

(b) Procedure When There Is No Controlling Law.

A court of appeals may regulate practice in a particular case in any

manner consistent with federal law, these rules, and local rules of the

circuit. No sanction or other disadvantage may be imposed for

noncompliance with any requirement not in federal law, federal rules,

or the local circuit rules unless the alleged violator has been furnished

in the particular case with actual notice of the requirement.

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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).

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 Rules of Practice (December 1, 2023) Page 196

FEDERAL CIRCUIT RULE 47.1

Sessions and Places of Holding Court

(a) Sessions.

Sessions of the court will be held as the court announces.

(b) Places of Holding Court.

The court may hold sessions in any place named and permitted in 28

U.S.C. § 48.

FEDERAL CIRCUIT RULE 47.2

Panels

(a) Panels.

When 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) Representation Requirements.

A corporation, partnership, organization, or other legal entity must be

represented by counsel before this court. An individual person may

choose to be represented by counsel or to proceed without counsel but

may not be represented by a non-member of the bar of this court.

(b) Appearance.

(1) Counsel.

Counsel retained prior to docketing must file an entry of

appearance within fourteen (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.

(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

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FEDERAL CIRCUIT RULE 47.3

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.

Principal counsel may not withdraw from representing a party

without notice to the party and leave of the court. 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.

PRACTICE NOTES TO RULE 47.3

Appearance Form.

Using Federal Circuit Form 8A satisfies 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.

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.

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FEDERAL CIRCUIT RULE 47.4

Certificate of Interest

(a) Purpose; Contents.

A certificate of interest is required to determine whether recusal by a

judge is necessary or appropriate. The certificate 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.

(1) The full name of every entity represented in the case by the

counsel filing the certificate.

(2) For each entity, the name of every real party in interest, if that

entity is not the real party in interest.

(3) For each entity, that entity’s parent corporation(s) and 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, partners, and associates that have

not entered an appearance in the appeal, and

(A) appeared for the entity in the lower tribunal; or

(B) are expected to appear for the entity in this court.

(5) An indication as to whether there are any related or prior cases,

other than the originating case number(s), that meet the

criteria under Federal Circuit Rule 47.5.

(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.

Each party, intervenor, amicus curiae, or movant must file a

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

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Federal Circuit Rules of Practice (December 1, 2023) Page 200

FEDERAL CIRCUIT RULE 47.4

with each motion, petition, or related response, and in each principal

brief and brief amicus curiae.

If any of the information required by Federal Circuit Rule 47.4(a)

changes after the certificate is first filed and before the mandate has

issued, an amended certificate must be filed within seven (7) days

after the change.

PRACTICE NOTES 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

Related Case Disclosure

(a) Statement of Related Cases.

Each principal brief must contain a statement of related cases

indicating the following:

(1) whether any other appeal in or from the same civil action

or proceeding in the originating tribunal was previously

before this or any other appellate court, stating the

following:

(A) the title and number of that earlier appeal;

(B) the date of decision;

(D) the citation of the opinion in the Federal Reporter.

(2) the title and number of any case known to counsel to be

pending in this or any other tribunal that will directly

affect or be directly affected by this court’s decision in the

pending case.

(b) Notice of Related Case Information.

At the same time a party files its first certificate of interest as

required by Federal Circuit Rule 47.4(b), the party must also

file a separate Notice of Related Case Information if there are

related or prior cases that meet the criteria under Federal

Circuit Rule 47.5(a). The notice must include the following

information:

(1) A list of those cases, including title and number; and

(2) A non-duplicative list of the following information, which

does not need to specifically identify the associated case:

(A) the names of all parties, past or present, involved

in those cases; and

(B) the names of all law firms, partners, and

associates that appeared in those cases.

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PRACTICE NOTES 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 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.

Notice of Related Case Information Form.

Using Federal Circuit Form 9A satisfies the notice of related case

information requirements under Federal Circuit Rule 47.5(b).

FEDERAL CIRCUIT RULE 47.6.

Docketing Statement

Except in cases involving unrepresented parties, each party must file

a docketing statement on the form prescribed by the clerk of court

within fourteen (14) days after the case is docketed, or thirty (30) days

after the case is docketed if the United States or its officer or agency

is a party. Filing this docketing statement satisfies the requirement

for an appellant to file a statement of the issues under Federal Rule of

Appellate Procedure 10(b)(3)(A).

PRACTICE NOTES TO RULE 47.6

Docketing Statement Form.

Using Federal Circuit Form 26 satisfies the docketing statement

requirements under Federal Circuit Rule 47.6.

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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 the form prescribed by

this court.

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FEDERAL CIRCUIT RULE 47.7

(2) Other Applications.

All 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, all 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

PRACTICE NOTES 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.

Motions for Sanctions in the Form of Attorney Fees.

Motions for sanctions in the form of attorney fees are filed in

accordance with the requirements of Federal Rule of Appellate

Procedure and Federal Circuit Rule 27. Federal Circuit Rule 47.7 does

not control the filing and review of such motions.

FEDERAL CIRCUIT RULE 47.8

In Camera Proceedings

On motion showing that the interest of justice requires it, the court

may sit in camera, seal its record, or both.

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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 under 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.

A petition or response must not exceed 5,200 words if produced

electronically or twenty (20) pages otherwise. A reply must not exceed

2,600 words if produced electronically or ten (10) pages otherwise. A

separate brief supporting a petition, response, or reply is not

permitted.

(d) Service and Filing.

The Director must electronically file the petition with the clerk of

court and must serve a copy of the petition on the named respondents,

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FEDERAL CIRCUIT RULE 47.9

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.

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 appearing will be deemed a

respondent.

(g) Response; Appendix; Reply.

Within twenty-one (21) days after service of a petition, any respondent

may file a response. The response 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 a response, the

Director may file a reply.

(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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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.

FEDERAL CIRCUIT RULE 47.11

Quorum

A quorum is a simple majority of a panel of the court or of the court en

banc. In determining whether a quorum exists for en banc purposes,

more than half of all circuit judges in regular active service, including

recused or disqualified judges, must be eligible to participate in the en

banc process. If a judge of a panel that has heard oral argument or

taken under submission any appeal, petition, or motion is unable to

continue with consideration of the matter because of death, illness,

resignation, incapacity, or recusal, the remaining judges will

determine the matter if they are in agreement and no remaining judge

requests the designation of another judge. If the remaining judges are

not in agreement or if any remaining judge requests the designation

of another judge, the remaining judges will promptly advise the chief

judge who will secure another judge to sit with the panel.

FEDERAL CIRCUIT RULE 47.12

[Reserved]

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FEDERAL RULE OF APPELLATE PROCEDURE 48

Masters

(a) Appointment; Powers.

A court of appeals may appoint a special master to hold hearings, if

necessary, and to recommend factual findings and disposition in

matters ancillary to proceedings in the court. Unless the order

referring a matter to a master specifies or limits the master’s powers,

those powers include, but are not limited to, the following:

(1) regulating all aspects of a hearing;

(2) taking all appropriate action for the efficient performance of the

master’s duties under the order;

(3) requiring the production of evidence on all matters embraced in

the reference; and

(4) administering oaths and examining witnesses and parties.

(b) Compensation.

If the master is not a judge or court employee, the court must

determine the master’s compensation and whether the cost is to be

charged to any party.

FEDERAL CIRCUIT RULE 49

Seal of the Court

The clerk of court is the keeper of the seal, which is the means of

authentication of all records and certificates issued from this court.

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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).

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.

PRACTICE NOTES 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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FEDERAL CIRCUIT RULE 51

Complaint of Judicial Misconduct or Disability

The procedures for processing a complaint of judicial misconduct or

disability are pursuant to 28 U.S.C. § 351, et seq. The clerk of court

will provide copies of these procedures on request.

FEDERAL CIRCUIT RULE 52

Fees

(a) 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 adopted by the court. No fees

under this schedule may be charged to federal agencies or

programs 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.

The 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.

(3) 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 Fee Schedule.

(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 Fee Schedule.

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FEDERAL CIRCUIT RULE 52

Each notice of appeal, petition for review, application or cross-

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 fee, 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 for Failing to 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 USERRA notice within the allotted

timeframe, the clerk of court is authorized to dismiss the proceeding.

(e) Fee Payment.

Electronic filers must pay all fees electronically as provided in the

court’s Electronic Filing Procedures. Paper 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. Checks 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.

Methods 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 returned for

insufficient funds are subject to collection, including an additional fee

for insufficient funds as set by the court’s Schedule of Fees. The clerk

of court will not accept credit or debit card payments over the phone.

Docketing Fee and Costs in a Case Involving a Claim Under the

Uniformed Services Employment and Reemployment Rights Act of

1994.

In a petition for review of a Merits Systems Protection Board decision,

a petitioner is not required to pay the docketing fee 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 Federal Circuit Form 6B within fourteen (14)

days after the date of docketing of the petition and may be required to

submit documentation that the case before the Board involved a

USERRA claim.

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FEDERAL CIRCUIT RULE 53

Judicial Conference

There will be held, at a time and place designated by the chief judge,

a conference to consider the business of the court and to advise means

of improving the administration of justice. The chief judge presides at

the conference. All members of the bar of the court may be members

of the conference and may participate in its discussions and

deliberations. Registrants must pay a fee to be applied to the payment

of expenses of the conference.

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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) staff of either court;

(3) members of the bars of either court;

(4) unrepresented 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.

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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Federal Circuit Rules of Practice (December 1, 2023) Page 215

_top

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.

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)

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Federal Circuit Rules of Practice (December 1, 2023) Page 216

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.

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 that 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.

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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 clerk of court will maintain a miscellaneous attorney

disciplinary matter docket and will 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.

(1) The Standing Panel must 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 will consist of three (3) judges, at least

two (2) of whom must be 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 will be for one-, two-, and three-year terms,

so that the members’ terms are staggered. Thereafter, a

member will be appointed for a three-year term. A member

who has served on the Standing Panel for three years is not

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Federal Circuit Rules of Practice (December 1, 2023) Page 218

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

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 will 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 will

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.

(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 is due within thirty (30) days. Any request

for a hearing must be included in a response.

If an attorney does not respond to a show cause order or does not

object to the imposition of a specified discipline, the clerk 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 must 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

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Federal Circuit Rules of Practice (December 1, 2023) Page 219

has been concluded to an appropriate state bar association or

other disciplinary entity.

(f) Final Order.

At the conclusion of a proceeding, a panel will issue a final order

in the matter. The order may direct the attorney or the clerk of

court to send a copy of the order to all other courts and agencies

before which an attorney is admitted. The clerk 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 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 judges of the court in regular active service, or

a majority of the 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 must be

filed within thirty (30) days after 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.

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 must notify

the clerk of court in writing within fourteen (14) days after 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 clerk of 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

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allegation of misconduct is pending, the clerk of 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 clerk of 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 clerk of

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 is

due within thirty (30) days to the clerk of court and should

indicate the docket number of the matter. Any request for a

hearing must 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.

If an attorney does not object to the imposition of reciprocal

discipline or does not respond to the show cause order, the clerk

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 will be conducted in accordance with Rule 8.

(e) Final Order and Further Review.

At the conclusion of a proceeding, the Standing Panel will 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 will prepare the record consisting of

the show cause order, the response, and any other documents

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Federal Circuit Rules of Practice (December 1, 2023) Page 221

obtained by the panel. If the record includes documents in

addition to the show cause order and the response, then an

attorney will 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 is

due within fourteen (14) days after 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 is at the discretion of the panel, the

panel will 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 will 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 must 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 will 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 will 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 will be recorded on tape unless an attorney

arranges to have a reporting service present at his or her

own expense.

Notification that an attorney has been disbarred or suspended

by another court or agency establishes that the conduct in fact

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occurred and that the discipline was appropriate unless an

attorney shows the 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 is 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 will

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 is 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 clerk of court will refer an

attorney’s notification affidavit to the Standing Panel. Unless

otherwise ordered, the clerk of court will 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.

(1) An attorney who has been suspended with automatic

reinstatement as a result of misconduct before this court

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may file an affidavit of compliance with the suspension

order after the suspension period has expired. The clerk of

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 clerk of court will refer an application for reinstatement to

the Standing Panel. Any request for a hearing must 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 will schedule a hearing. The Standing

Panel will decide whether a hearing will 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 will

issue a final order. Further review will 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 is 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

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Federal Circuit Rules of Practice (December 1, 2023) Page 224

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 proceedings are 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 will 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 are effective July 1, 2020.