Today the Federal Circuit issued a Notice of Proposed Amendments to the Federal Circuit Rules of Practice. The notice proposes to amend various Federal Circuit Rules of Practice, various Practice Notes, and certain aspects of the Federal Circuit Attorney Discipline Rules. Notably, the court proposes adding a practice note highlighting how it “prefers that reply briefs respond to the response brief rather than repeating what is in the principal brief” and “favors reply briefs that do not use the full word length when not necessary.” It also proposes adding a new requirement regarding the table of contents for appendices, requiring the table of contents to identify how the relevant document was designated in the reviewing tribunal (such as the docket or other record number). The court has made a redline available to study the proposed changes. Here is the full text of today’s announcement.
Pursuant to 28 U.S.C. § 2071(b) and Federal Circuit Rule 47(a), the United States Court of Appeals for the Federal Circuit gives notice that it proposes to amend Federal Circuit Rules of Practice 21, 27, 28, 30, 32, 35, and 40, the Practice Notes to Rules 15, 28, 30, 35, and 40, and the Federal Circuit Attorney Discipline Rules Introduction and Rule 5. The proposed amendments are available on the court’s website. If adopted, the amendments would take effect on December 1, 2024.
Public comments must be received by the Clerk of Court on or before October 4, 2024. Public comments must be received by the Clerk of Court on or before October 4, 2024, and may be submitted by email or by mail to Proposed Rules Comments 2023, Clerk’s Office, U.S. Court of Appeals for the Federal Circuit, 717 Madison Place, N.W., Washington, D.C. 20439.