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The United States Court of Appeals for the Federal Circuit has amended Federal Circuit Rules of Practice and Procedure 46(c) and 52(a) and (e) to require the mandatory use of pay.gov when attorneys are paying fees to the court. Additions to the rules are noted in blue print; deletions are noted in strikeout print.

Pro se litigants are unaffected by these rule changes.

Pay.gov has been available for optional use since September of 2013. As a result of these rule changes, pay.gov is now mandated for use beginning Monday, July 6, 2015. Attorneys and firms requiring changes in business practices in order to effectively use pay.gov are encouraged to make such changes in order to comply with the revised rules beginning Monday, July 6, 2015. Information on system requirements is available in the CM/ECF Users Guide posted on the court website.

In the event pay.gov becomes inaccessible due to technical or other difficulties, the Clerk’s Office will publish guidance on how to proceed, depending on the circumstances of the system failure. Most commonly, disruptions in service a will be of limited duration and filers would simply use the current menu option in CM/ECF that allows 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.