This morning the Federal Circuit announced revised protocols for in-person arguments that apply starting with the court’s September 2021 hearings, which begin on Monday, August 30. Notably, compared to the protocols issued in June, the court reduced the number of non-arguing attendees from two to one per arguing counsel; the court adjusted the protocols to require vaccinated individuals to wear masks in the court building; and now, “[t]o enter the courtroom, counsel and attendees will be required to attest to the fact that they are fully vaccinated or have received a negative COVID19 test administered within the prior 48 hours.” Here is the text of this morning’s announcement, with links to the revised protocols and related documents.
The U.S. Court of Appeals for the Federal Circuit has issued Revised Protocols for In-Person Argument that will apply for the September 2021 court sitting and subsequent sittings until further notice. Based on the Revised Protocols, the court has also updated the Certificate of Compliance required ahead of time for all arguing counsel, as well as implemented an additional certification requirement on the day of argument for everyone participating in the argument. These materials are available on the court’s website.
The Clerk’s Office will be individually notifying counsel scheduled for September’s session of these new requirements.