United States Court of Appeals for the Federal Circuit

1 United States Court of Appeals for the Federal Circuit Federal rules of appellate Procedure Federal Circuit rules of Practice Practice Notes And Forms Federal Circuit Attorney Discipline rules October 2017. Washington, DC. 1. United States Court OF Appeals . FOR THE Federal Circuit . Circuit Justice The Chief Justice Chief Judge Hon. Sharon Prost Circuit and Senior Circuit Judges Hon. Pauline Newman Hon. Haldane Robert Mayer Hon. S. Jay Plager Hon. Alan D. Lourie Hon. Raymond C. Clevenger, III. Hon. Alvin A. Schall Hon. William C. Bryson Hon. Richard Linn Hon.

2 Timothy B. Dyk Hon. Kimberly A. Moore Hon. Kathleen M. O'Malley Hon. Jimmie V. Reyna Hon. Evan J. Wallach Hon. Richard G. Taranto Hon. Raymond T. Chen Hon. Todd M. Hughes Hon. Kara F. Stoll Circuit Executive and Clerk of Court Peter R. Marksteiner Officers of the Court & Senior Staff Circuit Librarian, John D. Moore Senior Staff Attorney, J. Douglas Steere Senior Technical Assistant, Marilyn Wennes Operations and Administrative Services, Dale Bosley Director of Information Technology, Mona Harrington Chief Deputy Clerk, Jarrett Perlow United States Court of Appeals for the Federal Circuit , rules of Practice, Revised October 2017 1.

3 Advisory Council Carter G. Phillips, Chair Tina M. Chappell The Honorable Leonard Davis (Retired). Tara D. Elliott David Folsom Susan Tsui Grundmann The Honorable James F. Holderman (Retired). Martin F. Hockey, Jr. Matthias Kamber Nathan K. Kelley Kevin Parton Robert L. Stoll Deanna Tanner Okun David O. Taylor John M. Whealan United States Court of Appeals for the Federal Circuit , rules of Practice, Revised October 2017 2. TABLE OF CONTENTS. FOREWORD. AMENDMENTS AND REVISIONS CONTAINED IN THIS EDITION. TITLE I. APPLICABILITY OF rules . FRAP Rule 1. Scope of rules ; Definition; Title Federal Circuit Rule 1.

4 Scope of rules ; Title FRAP Rule 2. Suspension of rules TITLE II. appeal FROM A JUDGMENT OR ORDER OF A DISTRICT Court . FRAP Rule 3. appeal as of Right How Taken Federal Circuit Rule 3. appeal as of Right How Taken Rule 4. appeal as of Right When Taken Federal Circuit Rule 4. appeal as of Right Untimely Notice FRAP Rule 5. appeal by Permission Federal Circuit Rule 5. appeal by Permission FRAP Rule 6. appeal in a Bankruptcy Case FRAP Rule 7. Bond for Costs on appeal in a Civil Case FRAP Rule 8. Stay or Injunction Pending appeal Federal Circuit Rule 8. Stay or Injunction Pending appeal FRAP Rule 9.

5 Release in a Criminal Case FRAP Rule 10. The Record on appeal Federal Circuit Rule 10. The Record on appeal FRAP Rule 11. Forwarding the Record Federal Circuit Rule 11. Forwarding the Record FRAP Rule 12. Docketing the appeal ; Filing a Representation Statement;. Filing the Record Federal Circuit Rule 12. Notice of Docketing FRAP Rule Remand After an Indicative Ruling by the District Court on a Motion for Relief That Is Barred by a Pending appeal TITLE III. Appeals FROM THE United States TAX Court . FRAP Rule 13. Review of a Decision of the Tax Court FRAP Rule 14.

6 Applicability of Other rules to the Review of a Tax Court Decision United States Court of Appeals for the Federal Circuit , rules of Practice, Revised October 2017 3. TITLE IV. REVIEW OR ENFORCEMENT OF AN ORDER OF AN. ADMINISTRATIVE AGENCY, BOARD, COMMISSION, OR OFFICER. FRAP Rule 15. Review or Enforcement of an Agency Order How Obtained;. Intervention Federal Circuit Rule 15. Review of an Agency Order - How Obtained FRAP Rule Briefs and Oral Argument in a National Labor Relations Board Proceeding Rule 16. The Record on Review or Enforcement Rule 17. Filing the Record Federal Circuit Rule 17.

7 Filing the Record Rule 18. Stay Pending Review Federal Circuit Rule 18. Stay Pending Review Rule 19. Settlement of a Judgment Enforcing an Agency Order in Part Rule 20. Applicability of rules to the Review or Enforcement of an Agency Order Federal Circuit Rule 20. Applicability of rules to the Review of an Agency Order TITLE V. EXTRAORDINARY WRITS. Rule 21. Writs of Mandamus and Prohibition, and Other Extraordinary Writs Federal Circuit Rule 21. Writs of Mandamus and Prohibition, and Other Extraordinary Writs TITLE VI. HABEAS CORPUS; PROCEEDINGS IN FORMA PAUPERIS.

8 FRAP Rule 22. Habeas Corpus and Section 2255 Proceedings FRAP Rule 23. Custody or Release of a Prisoner in a Habeas Corpus Proceeding FRAP Rule 24. Proceeding in Forma Pauperis Federal Circuit Rule 24. Proceeding in Forma Pauperis TITLE VII. GENERAL PROVISIONS. FRAP Rule 25. Filing and Service Federal Circuit Rule 25. Filing and Service FRAP Rule 26. Computing and Extending Time Federal Circuit Rule 26. Computing and Extending Time FRAP Rule Corporate Disclosure Statement Federal Circuit Rule Corporate Disclosure Statement FRAP Rule 27. Motions Federal Circuit Rule 27.

9 Motions FRAP Rule 28. Briefs United States Court of Appeals for the Federal Circuit , rules of Practice, Revised October 2017 4. Federal Circuit Rule 28. Briefs FRAP Rule Cross- Appeals FRAP Rule 29. Brief of an Amicus Curiae Federal Circuit Rule 29. Brief of an Amicus Curiae FRAP Rule 30. Appendix to the Briefs Federal Circuit Rule 30. Appendix to the Briefs FRAP Rule 31. Serving and Filing Briefs Federal Circuit Rule 31. Serving and Filing Briefs FRAP Rule 32. Form of Briefs, Appendices, and Other Papers Federal Circuit Rule 32. Form of Briefs, Appendices, and Other Papers FRAP Rule Citing Judicial Dispositions Federal Circuit Rule Citing Judicial Dispositions FRAP Rule 33.

10 appeal Conferences Federal Circuit Rule 33. appeal Conferences Federal Circuit Rule Mediation Guidelines FRAP Rule 34. Oral Argument Federal Circuit Rule 34. Oral Argument FRAP Rule 35. En Banc Determination Federal Circuit Rule 35. En Banc Determination FRAP Rule 36. Entry of Judgment; Notice Federal Circuit Rule 36. Entry of Judgment; Judgment of Affirmance Without Opinion FRAP Rule 37. Interest on Judgment FRAP Rule 38. Frivolous appeal Damages and Costs FRAP Rule 39. Costs Federal Circuit Rule 39. Costs FRAP Rule 40. Petition for Panel Rehearing Federal Circuit Rule 40.