Daniel E. O’Toole
& Clerk of Court
REVISIONS TO APPELLATE MEDIATION PROGRAM
The United States Court of Appeals for the Federal Circuit has revised its Mandatory Mediation Program as of December 6, 2013. The new Federal Circuit Rule 33.1 and the revised Guidelines, which provide for an expanded use of volunteer mediators, are accessible on the Mediation page.
FEDERAL CIRCUIT AMENDS RULES OF PRACTICE EFFECTIVE DECEMBER 1, 2013
The Supreme Court adopted amendments to the Federal Rules of Appellate Procedure, effective December 1, 2013. Pertinent to practice before the United States Court of Appeals for the Federal Circuit are the amendments to Fed. R. App. 28 and Fed. R. App. 28.1. Those amendments delete the requirements that briefs have separate sections identifying the statement of the case and the statement of facts. Those requirements will now be met by a section of the appellant's principal brief including "a statement of the case setting out the facts relevant to the issues." Fed. R. App. P. 28(a)(6). An appellee's or cross-appellant's principal brief may include a statement of the case if the appellee is dissatisfied with the appellant's statement, and the requirement of a separately labeled statement of facts in the appellee's or cross-appellant's principal brief is eliminated. Fed. R. App. P. 28(b)(3); Fed. R. App. P. 28.1(c)(3)(C). Conforming changes will be made to the Federal Circuit Rules of Practice.
A copy of the amendments to Federal Rules of Appellate Procedure is available here. The conforming changes to the Federal Circuit Rules of Practice are available here. All revised rules are effective December 1, 2013.
FEE INCREASES APPROVED BY THE JUDICIAL CONFERENCE OF THE UNITED STATES EFFECTIVE DECEMBER 1, 2013
The Judicial Conference of the United States approved changes to the miscellaneous fee schedule for courts of appeals pursuant to 28 U.S.C. §1913 effective December 1, 2013. Click here for a list of the Federal Circuit's fees.
Also, a reminder that the Court has implemented a system to permit electronic payment (Pay.gov) of Court fees in Case Management /Electronic Case Filing (CM/ECF). Please refer to the Court’s CM/ECF web page for further information.
Federal Circuit Announces 2013 Holiday ClosingsBy order of the Chief Judge, the United States Court of Appeals for the Federal Circuit will be closed on Friday, November 29, 2013; Tuesday, December 24, 2013; and Tuesday December 31, 2013.
For purposes of computation of time and motions to enlarge time under Fed. R. App. P. 26 and Fed. Cir. R. 26, Friday, November 29, 2013; Tuesday, December 24, 2013; and Tuesday December 31, 2013 will be considered “legal holidays.”
TODD M. HUGHES SWORN IN AS FEDERAL CIRCUIT JUDGE ON MONDAY SEPTEMBER 30, 2013
The Honorable Todd M. Hughes became the newest member of the United States Court of Appeals for the Federal Circuit on Monday morning, September 30, 2013, at a swearing-in ceremony in the chambers of Chief Judge Randall R. Rader. The Chief Judge administered the oath of office at approximately 11:00am while Judge Hughes placed his hand on the historic Lincoln Bible, which was held by his mother, Barbara. Friends and family members who witnessed the swearing-in included Leanne Macel, Geovette Washington, Armando Bonilla, Jackie Bonilla, Laurel Rimon, Martin Hockey, Sean McNamara, Claudia Burke, Reid Prouty, Jeanne Davidson, Cristina Ashworth, Will Ashworth, and Andy Zehe.
Chief Judge Randall R. Rader swears in Circuit Judge Todd M. Hughes, while his mother Barbara Hughes holds the Lincoln Bible and his father, Michael Hughes, looks on.
Members of the court who witnessed the ceremony included: Judge Pauline Newman, Judge Alan Lourie, Judge Raymond Clevenger, Judge Timothy Dyk, Judge Sharon Prost, Judge Kimberly Moore, Judge Kathleen O'Malley, Judge Jimmie Reyna, Judge Evan Wallach, Judge Richard Taranto, and Judge Raymond Chen.
From left: Chief Judge Rader, Judge Prost, Judge Wallach, Judge Taranto, Judge Reyna, Judge Dyk, Judge Hughes, Judge O’Malley, Judge Moore, Judge Chen, Judge Lourie, Judge Clevenger and Judge Newman.
The Senior Staff of the court was represented by Circuit Executive Daniel E. O’Toole. James Benjamin of the Clerk's Office served as Notary Public and Shannon Savage, of the Administrative Services Office, took photographs. Jinrong Li and Patricia Grob, members of Chief Judge Rader’s staff, were also present.
Judge Hughes was nominated by President Obama on February 7, 2013 and unanimously confirmed by the Senate on September 24, 2013.
Paying Court Filing Fees Electronically
Effective Monday, September 16, 2013, the United States Court of Appeals for the Federal Circuit will implement a system to permit electronic payment (Pay.gov) of Court fees in Case Management /Electronic Case Filing (CM/ECF).
CM/ECF system features linked with Pay.gov are available for use by attorneys on a temporary, optional basis until the system is further validated.
The features of Pay.gov include:
- Attorney admission payment;
- Payment for Certificates of Good Standing and Duplicate Admissions Certificates;
- Payment of copy fees, certification of documents, tapes of oral argument, microfiche copies;
- Submission; and payment of new cases (not NOAs filed at the district court level) including Agency Petition or Notice of Appeal; a Petition for Writ of; Mandamus; a Petition for Other Miscellaneous Writ; etc.;
- Payment of filing fees on previously opened cases.
Mandatory usage of Pay.gov with CM/ECF may occur within 90 days; Refer to the Court’s CM/ECF web page for further information.
New Form Available: Certificate of Service for CM/ECF
Form 30, Certificate of Service, is now available for e-filers to enable you to meet the certificate of service requirements.
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