Federal Circuit Approves Changes to Rules of Practice
The fU.S. Court of Appeals for the Federal Circuit formally adopted a series of amendments to its rules of practice Feb. 23, with changes to take effect March 1, the court announced. The amendments will affect rules of practice 25, 26, 27, 28, 28.1, 30, 31, 32, 33, 33.1, 34, 35, 39, 40, 41, 47.4, 47.5 and 47.6.
Sign up for a free preview to unlock the rest of this article
Export Compliance Daily combines U.S. export control news, foreign border import regulation and policy developments into a single daily information service that reliably informs its trade professional readers about important current issues affecting their operations.
Among the changes, the court will decrease the number of required paper copies of briefs needed on rehearing or hearing en banc, codify the day after Thanksgiving as an official court holiday and eliminate the separate briefing schedule for informal briefing. Under Rule 27, the court said the revision will clarify that "requests for reconsideration of dispositive orders must be filed as rehearing petitions with limited exceptions."
Changes to Rule 30 clarify the court's expectation for the inclusion of patent and rehearing orders in the appendix; "requiring brief title to identify when it contains an appendix; permitting unrepresented parties to file additional record material attached to a reply brief when the appellee files a separate appendix; ... [and] requiring service of a paper copy of the appendix on opposing principal counsel unless counsel deems it unnecessary."
Rule 31 changes eliminate a separate briefing schedule for informal briefing; and require service of a paper of the appendix on opposing principal counsel unless counsel deems it unnecessary.
Rule 33 changes drop the settlement negotiation certification requirement, and add "language encouraging use of the mediation program and apprising court of ongoing settlement discussions."
Rule 34 changes include requiring parties to file argument scheduling conflict notice, even if no conflicts exist; delegating authority to the clerk of court to set scheduling conflict limitations and accept or reject individual conflict dates; and clarifying that parties represented by the same counsel can only have one counsel argue.