FEDERAL CIRCUIT ANNOUNCES PROPOSED RULE CHANGES
The United States Court of Appeals for the Federal Circuit proposes to amend its Local Rules. These amendments are subject to public notice and comment under 28 U.S.C. § 2071(b). The proposed amendments are in response to various revisions to the Federal Rules of Appellate Procedure (FRAP), effective December 1, 2016. Those FRAP amendments are available here. This court’s proposed revisions to the FRAP amendments and the revisions to this court’s Federal Circuit Rules are available here. The proposed revisions to the Federal Circuit Rules will change page limitations to word limitations for various documents submitted to the court, if those documents were prepared using a computer. One notable exception is that the court has voted to retain the previous word limitation for merits briefs, i.e., the traditional 14,000/7,000 word limitations, rather than the smaller amount proposed by the new FRAP amendments. New material is underlined; deleted material is in strikethrough text. Additionally, in a few instances, provisions of the FRAP have been stricken to indicate that local rules apply. In all other aspects, the revised FRAP rules will apply. These revisions will apply to cases docketed on or after December 1, 2016.
Comments and suggested changes by members of the public may be submitted to firstname.lastname@example.org with a subject line of: PROPOSED RULES COMMENTS. Please also include the name and return email address (if different than the address from which the email comment is sent) of the person submitting the comment. For members of the public that do not have access to email, comments and suggested changes may also be submitted by mail to: Proposed Rules Comments, Clerk of Court, U.S. Court of Appeals for the Federal Circuit, 717 Madison Place, N.W., Washington, D.C. 20439. All comments must be received by close of business on Tuesday, November 15, 2016
NOTICE OF MODIFICATIONS TO PRACTICE NOTES 27 AND 28
The United States Court of Appeals for the Federal Circuit has amended Practice Notes 27 and 28. Federal Circuit Rules 27(m) and 28(d) limit the amount of material that can be marked as confidential. The modifications to the Practice Notes require the filing party to submit a certificate of compliance with confidentiality requirements. Form 31 is available as a suggested form for compliance with this rule.
FEDERAL CIRCUIT RULES OF PRACTICE 2016 FORMAT UPDATE
The notice version of the 2016 Federal Circuit Rules contained a format numbering error in Rule 30(h) and Rule 54. Both are reposted here with correct section numbering added in red font with errors in
strikethrough text. The errors appeared only in the original notice version. The Rules posted on the website here have been updated to reflect the corrections.
NOTICE OF FINAL RULE CHANGE – FEDERAL CIRCUIT RULES OF PRACTICE 2016
Tue 2016-03-29 21:34
The United States Court of Appeals for the Federal Circuit has amended the Federal Circuit Rules of Practice. The new rules are available here including a summary of changes. The amendments are extensive and include incorporating the terms of the Administrative Order Regarding Electronic Case Filing dated May 17, 2012; revising the requirements for confidential markings; as well as other updates, conforming changes and editorial corrections throughout. The revised rules are effective and shall apply to all appeals docketed on or after Friday, April 1, 2016. The notice version of the Rules of Practice 2016 will soon be replaced by a new web-structure version with enhanced electronic functionality.
The United States Court of Appeals for the Federal Circuit has amended Internal Operating Procedure (IOP) # 14. The revision clarifies language relating to the process for considering petitions for reconsideration and reconsideration en banc. The revised IOP # 14 text is set forth here and it is incorporated into IOP # 14 here.
The Federal Circuit Court of Appeals has amended Attorney Discipline Rule 8 to provide an option for a hearing at the discretion of the court in reciprocal discipline cases. The amendment added the underscored text available here and it is incorporated into Rule 8 here.
Thu 2015-12-03 16:15
The United States Court of Appeals for the Federal Circuit proposes to amend its Rules. These amendments are subject to public notice and comment under 28 U.S.C. § 2071(b). The proposed amendments are extensive and include incorporating the Administrative Order on Electronic Case Filing and conforming changes throughout, as well as other changes. To facilitate public review and comment, a summary of changes is appended here. The summary is intended only as a general guide to the changes. The proposed amendments are available here and should be read in their entirety. The changes are presented in a track change format, with new material printed in underscored blue text and material proposed for deletion in red
strike-through font. Reviewers may wish to note that the recent amendments to Rule 28(a)(12) and 28(f), and Rule 30(b)(4)(E), relating to the pagination and marking of appendices and supplemental appendices are final with an effective date of January 4, 2016. As such they are not presented as proposed amendments in this notice. Comments and suggested changes by members of the public should be submitted by email to email@example.com with a subject line of: PROPOSED RULES COMMENTS. Please clearly indicate at the beginning of each comment the number of the rule being commented upon. Please also include a return email address for the person submitting the comment, if different from the address from which the email comment is sent. For members of the public that do not have access to email, comments and suggested changes may also be submitted by mail to: Proposed Rules Comments, Clerk of Court, U.S. Court of Appeals for the Federal Circuit, 717 Madison Place, N.W., Washington, D.C. 20439. All comments must be received by close of business on Monday, January 4, 2016.
Thu, 2015-12-03 15:09
The United States Court of Appeals for the Federal Circuit has amended Federal Circuit Rules of Practice, Rule 28(a)(11) and 28(f) to require appendices, supplemental appendices and addendum material to be numbered using the abbreviation “Appx” or “SAppx” followed by the page number. A new subsection, Rule 30(b)(4)(E), has also been added to require the use of Bates numbering for all pages of an appendix or supplemental appendix. These rules shall apply to all appeals docketed on or after Monday, January 4, 2016.
Thu, 2015-10-01 15:29
The United States Court of Appeals for the Federal Circuit has amended Internal Operating Procedure (IOP) # 9.11. The revision deletes reference to the daily disposition sheet, which was replaced by electronic case filing; and the revision clarifies that, in an appeal involving a cross-appeal disposed of under Rule 36, no costs will be assessed, unless directed by the Court. Revised text is printed in underscored red text; deleted text is printed in lined-out red text.
The Court has also revised IOP # 14. The revisions include the addition of a new paragraph 7, addressing composition of the en banc court; and a new paragraph 11, addressing issuance of judgment in an en banc case remanded to a panel. New text appears in red print. The original paragraphs have been renumbered to accommodate the new text.
The United States Court of Appeals for the Federal Circuit has amended Federal Circuit Rules of Practice and Procedure46(c)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.
New Practice Notes to accompany Rules 4, 15, and 27 are available here.
The United States Court of Appeals for the Federal Circuit has amended Internal Operating Procedure (IOP) # 11.9. The revision removes “CIT” as an example of the inappropriate use of an acronym. The revised IOP # 11.9 is appended here.
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.
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.
Form 30, Certificate of Service, is now available for e-filers to enable you to meet the certificate of service requirements.
The court has established a Lawyers' Lounge on the first floor of the Tayloe House that will be open to counsel each morning during court week. See this flyer for more information.