202-275-8000717 Madison Place, N.W.
Washington D.C. 20439
NOTICE OF PROPOSED RULE CHANGE
The United States Court of Appeals for the Federal Circuit proposes the attached amendments to the Federal Circuit Rules of Practice and Procedure 46(c) and 52(a) and (e). Additions are noted in blue print; deletions are noted in strikeout print.
The amended Rule 46(c) requires attorneys seeking admission to the Federal Circuit Bar to submit their bar application and pay the admission fee electronically through the Case Management/Electronic Case Filing (CM/ECF) system using the pay.gov utility. Additionally, amended Rules 52(a) and (e) require all attorneys filing documents with the court to pay filing and other fees electronically through CM/ECF using the pay.gov utility. Pro se litigants are unaffected by these rule changes.
The pay.gov utility feature of CM/ECF has been available for optional use since September of 2013. It is anticipated that the process for public comment and such modifications as the court deems appropriate in view of those comments will be completed and the use of pay.gov will be mandated on or about June 15, 2015. Attorneys and firms requiring changes in business practices in order to effectively use pay.gov are encouraged to make such changes at their earliest convenience in order to be prepared to comply with the revised rules. Information on system requirements is available in the CM/ECF Users Guide posted on the court website.
In formulating comments, it may assist members of the public to know that in the event pay.gov becomes inaccessible due to technical or other difficulties, the Clerk’s Office would publish guidance on how to proceed, depending on the circumstances of the system failure. Most commonly, disruptions in service would be of limited duration and filers would simply use the current menu option in CM/ECF that s 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.
Office of the Clerk of Court
U.S. Court of Appeals for the Federal Circuit
717 Madison Place, N.W.,
Washington, D.C. 20439
FEDERAL CIRCUIT ISSUES NEW PRACTICE NOTES CONCERNING EXPEDITED APPEALS
New Practice Notes to accompany Rules 4, 15, and 27 are available here.
FEDERAL CIRCUIT ANNOUNCES CHANGE TO INTERNAL OPERATING PROCEDURE # 11.9
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.
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.
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.
Lawyers' Lounge Open for Court Week
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.