Federal Circuit Lays Out Amendments to Rules of Practice
The U.S. Court of Appeals for the Federal Circuit proposes to amend eight of its rules of practice and four of its practice notes, it said in a Jan. 20 update. The court previously delayed the implementation of the amendments (see 2211170033). The amendments would alter rules 26, 30, 31, 33, 33.1, 34, 39 and 47.6, and the practice notes to rules 34, 42, 47.5 and 47.6. If adopted, the amendments would take effect March 1. Comments are due by Feb. 21.
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Under Rule 26, the court would codify the day after Thanksgiving as an official court holiday. For Rules 30 and 31, the court would require opposing principal counsel to submit paper copies of any appendixes and each brief "unless counsel deems it unnecessary." Under Rule 33, the court would eliminate the settlement negotiation certification requirement but add language encouraging parties to use its mediation program and apprise the court of ongoing settlement discussions.
The court would remove Rule 33.1 and merge mediation language into Rule 33 and docketing statement language into Rule 47.6. Under Rule 34, the court would require arguing counsel to have copies of each brief and appendix "close at hand at oral argument." The court adjusted "citations to rules for copies taxable in the bill of costs" under Rule 39.
For Rule 47.6, the court would create a new rule requiring parties to file the docketing statement. This amendment would move the location of the original proposal to Rule 47.6 from 33.1, and adding a practice note originally for 33.1 to 47.6 instead.