NEW RULES OF PRACTICE FOR THE FEDERAL CIRCUIT BEGINNING DECEMBER 1, 2016
The Federal Circuit has revised its local rules and hereby provides those revisions along with amendments to the Federal Rules of Appellate Procedure (FRAP). Those rules, which are applicable to cases docketed on or after December 1, 2016, are available here.
The principal local rule revisions are in response to FRAP amendments that now measure most document lengths in terms of word counts instead of page counts and which revise some maximum permissible word counts. The court has revised its rules to indicate maximum permissible word counts for documents such as motions, petitions, and briefs, Leaving unchanged, however, those provisions permitting pro se petitioners to continue to adhere to page count limits.
The Federal Circuit has adopted the FRAP amendments in large part, except that the court retained the previous larger 14,000-14,000-7,000 word lengths for merits briefing. When filing a particular document, please refer to the pertinent FRAP provision and the local rule to determine the maximum permissible document length. When a local rule differs from the FRAP provision, the inapplicable language in the FRAP provision will be indicated in strikethrough text. When a rule requires that a document not exceed a certain word count length, counsel should indicate by certification at the end of the document that the document complies with the word limit (similar to the certification required for briefs).
For cases docketed between April 1, 2016 and November 30, 2016, the applicable rules are available here.
For cases docketed before April 1, 2016, the applicable rules are available here.
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 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.