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FEDERAL CIRCUIT AMENDS RULES OF PRACTICE EFFECTIVE DECEMBER 1, 2013

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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.