UNITED STATES COURT OF PPEALS FEDERAL CIRCUIT

1 UNITED STATES COURT OF APPEALS FOR THE FEDERAL CIRCUIT RULES OF PRACTICE FEDERAL RULES OF APPELLATE PROCEDURE FEDERAL CIRCUIT RULES PRACTICE NOTES FEDERAL CIRCUIT ATTORNEY DISCIPLINE RULES December 1 , 2021 Washington, DC Incorporating final amendments to FEDERAL Rules of Appellate Procedure 3 and 6. FEDERAL CIRCUIT Rules of Practice (December 1, 2021) Page i UNITED STATES COURT of Appeals for the FEDERAL CIRCUIT CIRCUIT Justice Chief Justice John G. Roberts, Jr. Chief Judge Kimberly A. Moore CIRCUIT and Senior CIRCUIT Judges Pauline Newman Haldane Robert Mayer S.

2 Jay Plager Alan D. Lourie Raymond C. Clevenger, III Alvin A. Schall William C. Bryson Richard Linn Timothy B. DykSharon Prost Kathleen M. O Malley Jimmie V. Reyna Evan J. Wallach Richard G. Taranto Raymond T. Chen Todd M. Hughes Kara F. Stoll Tiffany P. Cunningham FEDERAL CIRCUIT Rules of Practice (December 1, 2021) Page ii Officers of the COURT and Senior Staff Peter R. Marksteiner CIRCUIT EXECUTIVE AND CLERK OF COURT Jeffrey Goldberg GENERAL COUNSEL Jarrett B. Perlow CHIEF DEPUTY CLERK Marilyn Wennes SENIOR TECHNICAL ASSISTANT Patrick Barnwell CHIEF DEPUTY FOR ADMINISTRATIVE SERVICES Jessica Perovich CIRCUIT LIBRARIAN Riley Toussaint DIRECTOR OF INFORMATION TECHNOLOGY Advisory Council Members Deanne E.

3 Maynard, Chair Ginger D. Anders Mel Bostwick Claudia Burke Alexander O. Canizares Tara D. Elliott Michael R. Franzinger Adam KeserMonica Lateef Naveen Modi Deanna Tanner Okun Goutam Patnaik Melissa Patterson Adam R. Shartzer Katherine Smith ex officio Peter R. Marksteiner Jeffrey Goldberg Deborah M. Miron George E. Hutchinson Laura P. Masurovsky Sonal N. Mehta TABLE OF CONTENTS FEDERAL CIRCUIT Rules of Practice (December 1, 2021) Page ii Foreword .. xi Title I Applicability of Rules .. 1 FEDERAL Rule of Appellate Procedure 1 .. 1 Scope of Rules; Definition; Title FEDERAL CIRCUIT Rule 1 .. 1 Scope of Rules; Definitions; Title FEDERAL Rule of Appellate Procedure 2.

4 3 Suspension of Rules Title II Appeal from a Judgment or Order of a District COURT .. 4 FEDERAL Rule of Appellate Procedure 3 .. 4 Appeal as of Right How Taken FEDERAL CIRCUIT Rule 3 .. 7 Appeal as of Right How Taken Practice Notes to Rule 3 .. 8 FEDERAL Rule of Appellate Procedure 4 .. 9 Appeal as of Right When Taken FEDERAL CIRCUIT Rule 4 .. 15 Appeal as of Right Untimely Notice Practice Notes to Rule 4 .. 16 FEDERAL Rule of Appellate Procedure 5 .. 18 Appeal by Permission FEDERAL CIRCUIT Rule 5 .. 20 Appeal by Permission FEDERAL Rule of Appellate Procedure 6 .. 20 Appeal in a Bankruptcy Case from a Final Judgment, Order, or Decree of a District COURT or Bankruptcy Appellate Panel FEDERAL Rule of Appellate Procedure 7.

5 20 Bond for Costs on Appeal in a Civil Case FEDERAL Rule of Appellate Procedure 8 .. 21 Stay or Injunction Pending Appeal TABLE OF CONTENTS FEDERAL CIRCUIT Rules of Practice (December 1, 2021) Page iii FEDERAL CIRCUIT Rule 8 .. 23 Stay or Injunction Pending Appeal Practice Notes to Rule 8 .. 24 FEDERAL Rule of Appellate Procedure 9 .. 25 Release in a Criminal Case FEDERAL Rule of Appellate Procedure 10 .. 25 The Record on Appeal FEDERAL CIRCUIT Rule 10 .. 28 The Record on Appeal Practice Notes to Rule 10 .. 29 FEDERAL Rule of Appellate Procedure 11 .. 30 Forwarding the Record FEDERAL CIRCUIT Rule 11.

6 33 Forwarding the Record FEDERAL Rule of Appellate Procedure 12 .. 34 Docketing the Appeal; Filing a Representation Statement; Filing the Record FEDERAL CIRCUIT Rule 12 .. 34 Docketing the Appeal Practice Notes to Rule 12 .. 35 FEDERAL Rule of Appellate Procedure .. 36 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 .. 37 FEDERAL Rule of Appellate Procedure 13 .. 37 Review of a Decision of the Tax COURT FEDERAL Rule of Appellate Procedure 14 .. 37 Applicability of Other Rules to the Review of a Tax COURT Decision Title IV Review or Enforcement of an Order of an Administrative Agency, Board, Commission, or Officer.

7 38 FEDERAL Rule of Appellate Procedure 15 .. 38 Review or Enforcement of an Agency Order FEDERAL Rule of Appellate Procedure 15 .. 39 TABLE OF CONTENTS FEDERAL CIRCUIT Rules of Practice (December 1, 2021) Page iv FEDERAL CIRCUIT Rule 15 .. 40 Review of an Agency Order or Action Practice Notes to Rule 15 .. 44 FEDERAL Rules of Appellate Procedure .. 48 Briefs and Oral Argument in a National Labor Relations Board Proceeding FEDERAL Rule of Appellate Procedure 16 .. 48 The Record on Review or Enforcement FEDERAL Rule of Appellate Procedure 17 .. 49 Filing the Record FEDERAL CIRCUIT Rule 17 .. 50 Filing the Record Practice Notes to Rule 17.

8 51 FEDERAL Rule of Appellate Procedure 18 .. 52 Stay Pending Review FEDERAL CIRCUIT Rule 18 .. 53 Stay Pending Review Practice Notes to Rule 18 .. 54 FEDERAL Rule of Appellate Procedure 19 .. 55 Settlement of a Judgment Enforcing an Agency Order in Part FEDERAL Rule of Appellate Procedure 20 .. 55 Applicability of Rules to the Review or Enforcement of an Agency Order FEDERAL CIRCUIT Rule 20 .. 55 Applicability of Rules to the Review of an Agency Order or Action Title V Extraordinary Writs .. 56 FEDERAL Rule of Appellate Procedure 21 .. 56 Writs of Mandamus and Prohibition, and Other Extraordinary Writs FEDERAL CIRCUIT Rule 21.

9 58 Writs of Mandamus and Prohibition, and Other Extraordinary Writs Title VI Habeas Corpus; Proceedings In Forma Pauperis .. 60 FEDERAL Rule of Appellate Procedure 22 .. 60 Habeas Corpus and Section 2255 Proceedings TABLE OF CONTENTS FEDERAL CIRCUIT Rules of Practice (December 1, 2021) Page v FEDERAL Rule of Appellate Procedure 23 .. 60 Custody or Release of a Prisoner in a Habeas Corpus Proceeding FEDERAL Rule of Appellate Procedure 24 .. 60 Proceeding in Forma Pauperis FEDERAL CIRCUIT Rule 24 .. 62 Proceeding in Forma Pauperis Practice Notes to Rule 24 .. 63 Title VII General Provisions .. 64 FEDERAL Rule of Appellate Procedure 25.

10 64 Filing and Service FEDERAL CIRCUIT Rule 25 .. 68 Filing and Service Practice Notes to Rule 25 .. 77 FEDERAL CIRCUIT Rule .. 78 Privacy and Confidentiality Practice Notes to Rule .. 84 FEDERAL Rule of Appellate Procedure 26 .. 86 Computing and Extending Time FEDERAL CIRCUIT Rule 26 .. 89 Computing and Extending Time Practice Notes to Rule 26 .. 91 FEDERAL Rule of Appellate Procedure .. 92 Disclosure Statement FEDERAL CIRCUIT Rule .. 93 Disclosure Statement Practice Notes to Rule .. 93 FEDERAL Rule of Appellate Procedure 27 .. 94 Motions FEDERAL CIRCUIT Rule 27 .. 97 Motions Practice Notes to Rule 27.