Daniel E. O’Toole
& Clerk of Court
NOTICE OF PROPOSED RULE CHANGE
The United States Court of Appeals for the Federal Circuit proposes the attached amendments to the Federal Circuit Rules of Practice and Procedure 46(c) and 52(a) and (e). Additions are noted in blue print; deletions are noted in strikeout print.
The amended Rule 46(c) requires attorneys seeking admission to the Federal Circuit Bar to submit their bar application and pay the admission fee electronically through the Case Management/Electronic Case Filing (CM/ECF) system using the pay.gov utility. Additionally, amended Rules 52(a) and (e) require all attorneys filing documents with the court to pay filing and other fees electronically through CM/ECF using the pay.gov utility. Pro se litigants are unaffected by these rule changes.
The pay.gov utility feature of CM/ECF has been available for optional use since September of 2013. It is anticipated that the process for public comment and such modifications as the court deems appropriate in view of those comments will be completed and the use of pay.gov will be mandated on or about June 15, 2015. Attorneys and firms requiring changes in business practices in order to effectively use pay.gov are encouraged to make such changes at their earliest convenience in order to be prepared to comply with the revised rules. Information on system requirements is available in the CM/ECF Users Guide posted on the court website.
In formulating comments, it may assist members of the public to know that in the event pay.gov becomes inaccessible due to technical or other difficulties, the Clerk’s Office would publish guidance on how to proceed, depending on the circumstances of the system failure. Most commonly, disruptions in service would be of limited duration and filers would simply use the current menu option in CM/ECF that s filing of a new matter without paying a fee. The fee would then be paid when pay.gov access is restored. Rule 52(d) allows up to 14 days for the payment of required fees before the Clerk of Court would dismiss a matter for failure to pay a fee. Further information will be included in the CM/ECF Users Guide and on the court website.
Office of the Clerk of Court
U.S. Court of Appeals for the Federal Circuit
717 Madison Place, N.W.,
Washington, D.C. 20439
COURT CLOSED THURSDAY, MARCH 5, 2015
The United States Court of Appeals for the Federal Circuit was closed on Thursday, March 5, 2015, due to the inclement weather. For purposes of computation of time and for motions to enlarge time under Fed. R. App. Proc. 26 and Fed. Cir. R. 26, Thursday, March 5, 2015 will be considered a "legal holiday." The oral arguments previously scheduled before the Court for Thursday, March 5th will be rescheduled and counsel will be notified of the new hearing date and time.
Federal Circuit Closed Tuesday, February 17, 2015
The United States Court of Appeals for the Federal Circuit was closed on Tuesday, February 17, 2015, due to inclement weather. For purposes of computing time, and for motions to enlarge time under Fed. R. App. Proc. 26 and Fed. Cir. R. 26, Tuesday, February 17, 2015 will be considered a "legal holiday."
THE FEDERAL CIRCUIT INVITES AMICI CURIAE PARTICIPATION
In its order of December 30, 2014, granting a petition for rehearing en banc in the matter of SCA Hygiene Products v. First Quality Baby Products (case number 13-1564), the court invited the views of amici curiae. Any amicus briefs may be filed without consent and leave of court. The court’s order is available via PACER.
FEDERAL CIRCUIT CLERK'S OFFICE CHANGING ITS HOURS OF OPERATION EFFECTIVE MONDAY, JANUARY 5, 2015
FEDERAL CIRCUIT WILL DISCONTINUE ISSUANCE OF THE DAILY DISPOSITION SHEET (REVISED 12/19/2014)
In compliance with Judicial Conference Policy on access to case information, the Daily Disposition Sheet listing orders and opinions will be discontinued as of December 29, 2014. All opinions and orders are issued by the Court through PACER between 9 and 11 a.m. weekdays and are publicly available through PACER in accordance with the Judicial Conference Electronic Public Access Fee Schedule. Opinions and selected orders are also available free of charge on the court's web site, at http://www.cafc.uscourts.gov/opinions-orders/search/report.html. Instructions for accessing opinions and orders through the website and PACER are available here.
FEDERAL CIRCUIT ISSUES NEW PRACTICE NOTES CONCERNING EXPEDITED APPEALS
New Practice Notes to accompany Rules 4, 15, and 27 are available here.
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