Following the court’s September announcement of proposed amendments to the Federal Circuit Rules of Practice, today the Federal Circuit announced that the court “adopted amendments to Federal Circuit Rules of Practice 21, 27, 30, 32, 35, and 40; Practice Notes to Rules 15, 28, 30, 35 and 40; and Federal Circuit Attorney Discipline Rules Introduction and Rule 5.” As we discussed in September, among other things the court is 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 is 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). Here is the full text of today’s announcement with links to, among other things, a summary of the adopted amendments.
Pursuant to 28 U.S.C. § 2071(b) and Federal Circuit Rule 47(a), the United States Court of Appeals for the Federal Circuit has adopted amendments to Federal Circuit Rules of Practice 21, 27, 30, 32, 35, and 40; Practice Notes to Rules 15, 28, 30, 35 and 40; and Federal Circuit Attorney Discipline Rules Introduction and Rule 5. The court received and reviewed public comments on the proposed amendments, and the court has ordered the adoption of the proposed amendments, as amended, effective December 1, 2024.
The court’s website contains the court’s order adopting these amendments, a draft proof copy of the Federal Circuit Rules of Practice, and a summary of the adopted amendments.
The final version of the Federal Circuit Rules of Practice incorporating these amendments will be available on the court’s website by December 1, 2024. As part of the implementation of these amendments, the Clerk’s Office will be providing additional information and updates to materials on the court’s website, including court forms, by December 1, 2024.
The full notice is available on the court’s website.