Online Attorney

ure Federal Circuit Rule 46 Rule (b) Disposition of a Motion for a Procedural Order. The court may act on a motion for a procedural order — including a motion under Rule 26(b) — at any time without awaiting a response, and may, by rule or by order in a particular case, authorize its clerk to act on specified types of procedural motions. A party adversely affected by the court’s, or the clerk’s, action may file a motion to reconsider, vacate, or modify that action. Timely opposition filed after the motion is granted in whole or in part does not constitute a request to reconsider, vacate, or modify the disposition; a motion requesting that relief must be filed. (c) Power of a Single Judge to Entertain a Motion. A circuit judge may act alone on any motion, but may not dismiss or otherwise determine an appeal or other proceeding. A court of appeals may provide by rule or by order in a particular case that only the court may act on any motion or class of motions. The court may review the action of a single judge. (d) Form of Papers; Page Limits; and Number of Copies. (1) Format. (A) Reproduction. A motion, response, or reply may be reproduced by any process that yields a clear black image on light paper. The paper must be opaque and unglazed. Only one side of the paper may be used. (B) Cover. A cover is not required but there must be a caption that includes the case number, the name of the court, the title of the case, and a brief descriptive title indicating the purpose of the motion and identifying the party or parties for whom it is filed. If a cover is used, it must be white. (C) Binding. The document must be bound in any manner that is secure, does not obscure the text, and permits the document to lie reasonably flat when open. (D) Paper size, line spacing, and margins. The document must be on 8 1/2 by 11 inch paper. The text must be double-spaced, but quotations more than two lines long may be indented and single-spaced. Headings and footnotes may be single-spaced. Margins must be at least one inch on all four sides. Page numbers may be placed in the margins, but no text may appear there. (2) the grounds for denying the motion, limiting the relief granted, or modifying the order sought, and the legal argument to support the response; or the responding party’s statement of consent or lack of opposition. (c) Content of Reply. The preferred organization of a reply is comparable to the organization of a motion as provided in (a) of this rule and the preferred content of the reply is: (1) as provided in (a)(1), (2), (6), (7), (8), and (10) of this rule; and (2) the reply to the response and the legal argument to support it. (d) Length of Motion, Response, or Reply; Cover and Backing. Items listed in Federal Circuit Rule 27(a)(7)- (10) do not count toward the page limitation in Federal Rule of Appellate Procedure 27(d)(2). Cover and backing for a motion, response, or reply are prohibited. (e) Motion to Strike; Response. A motion to strike all or part of a brief, except to strike scandalous matter, is prohibited as long as the party seeking to strike has the right to file a responsive brief in which the objection could be made. A response, if any, in opposition to a motion to strike must be included in the responsive brief if one is authorized, or may be filed if leave is sought and obtained, or may be made at oral argument. (f) Motion to Dismiss or to Remand; Response. A motion to dismiss for lack of jurisdiction or to remand should be made as soon after docketing as the grounds for the motion are known. After the appellant or petitioner has filed the principal brief, the argument supporting dismissal for lack of jurisdiction or remand should be made in the brief of the appellee or respondent. A response in opposition, if any, should be included in the responsive brief. Joint or unopposed motions or stipulations to dismiss or to remand may be made at any time. (g) Motion Incorporated in a Brief. Except as provided in Federal Circuit Rule 27(e) and (f), a motion must not be incorporated in a brief. (h) Delegation of Authority to the Clerk. The clerk is authorized to act on consented to or unopposed motions to: (1) dismiss an appeal, petition for review, or application for an extraordinary writ, with or without prejudice to reinstatement; (2) remand or transfer a case; (3) reinstate a case that was dismissed by the clerk for failure to comply with the rules; 27 47 Federal Rules of Appellate Procedure Federal Circuit Rule Rule (2) Page Limits. A motion or a response to a motion must not exceed 20 pages, exclusive of the corporate disclosure statement and accompanying documents authorized by Rule 27(a)(2)(B), unless the court permits or directs otherwise. A reply to a response must not exceed 10 pages. (3) Number of Copies. An original and 3 copies must be filed unless the court requires a different number by local rule or by order in a particular case. (e) Oral Argument. A motion will be decided without oral argument unless the court orders otherwise. (4) extend for not more than 30 days the time for taking any action required or permitted by the rules or an order of the court; (5) extend the time for a court reporter to file the transcript of the trial proceedings with the clerk of the district court; (6) stay issuance of a mandate for not more than 30 days pending application to the Supreme Court of the United States for a writ of certiorari; (7) consolidate appeals; (8) correct a brief or other paper; (9) correct or modify a record in accordance with Federal Rule of Appellate Procedure 10(e) or 16(b); (10) stay further proceedings; (11) withdraw or substitute an appearance; (12) advance or continue a case; (13) file a supplemental appendix of material inadvertently omitted from the joint appendix; or (14) proceed in forma pauperis. (i) Ex Parte Application. Neither the court nor any judge of the court will conduct an ex parte hearing on an application for relief. (j) Copies in an En Banc Case. When an appeal is pending before the court en banc, motions and responses must be filed in an original and 14 copies. (k) Application for Consideration, Vacation, or Modification of Procedural Order. A party adversely affected by a procedural order entered on a motion without awaiting the response time or by an order of the clerk may move for relief within 14 days of the order or action. The application must be made by motion. (l) Review or Reconsideration of the Order of a Single Judge or Panel of Judges. Except for a dispositive order issued by a panel, which time will be governed by Federal Rule of Appellate Procedure 40(a)(1), a party seeking review by the court of the action of a single judge or reconsideration of the action of a panel of judges must file a motion for reconsideration within 14 days of the entry of the order. (m) Motion Papers Containing Material Subject to a Protective Order. (1) Two Sets of Motion Papers. If a party refers in motion papers to material subject to confidentiality mandated by statute or to a judicial or administrative protective order, two sets of motion papers must be filed. 27 Federal Rules of Appellate Procedure Federal Circuit Rule 48 Rule Practice Notes Content of a Motion, Response, or Reply. Using Federal Circuit Rule 27’s preferred content and organization for a motion, response, or reply will help avoid delays caused by the need for additional information. Although motions, responses, and replies need not have the formality of briefs, a motion, response, or reply may be rejected if it is not substantially complete. Moot Response. A response to a motion for a procedural order that is received after the motion has been acted on is considered moot. Limits on Consent Motions; Motions Referred to Panel. Neither the clerk nor the court is required to grant relief because the parties agree it should be granted. The clerk’s authority to act on specified motions includes the authority to grant the requested relief in whole or part or to refer the motion to a judge or panel. Once a case is assigned to a panel, the clerk refers all motions to the panel. Telephone Inquiry About Pending Motions. Telephone inquiries about pending motions are discouraged because they divert the staff from more pressing duties. When an order on a motion directs counsel to take prompt action, the clerk’s office will telephone counsel. All other orders on motions are considered routine, and counsel may await notification by mail. Under no circumstances should anyone telephone a judge or the office of the senior staff attorney about a motion. In an emergency, call the clerk’s office. (A) Confidential set; labeling; number of copies. One set of motion papers, consisting of the original and three copies, must be labeled “confidential” and filed with the court. If confidentiality will end on a date certain or upon the happening of an event, this must be stated on the cover, e.g., “CONFIDENTIAL UNTIL [DATE],” or “CONFIDENTIAL DURING JUDICIAL REVIEW.” Each page containing confidential material must enclose this material in brackets or indicate this material by highlighting. (B) Nonconfidential set; labeling; number of copies. The second set of motion papers, consisting of the original and three copies from which confidential matter has been deleted, must be labeled “nonconfidential” and filed with the court. Each page from which material subject to a protective order has been deleted must bear a legend so stating. The introductory paragraph of the nonconfidential motion or response must describe the general nature of the confidential material that has been deleted. (2) Service. Each party to the appeal must be served two copies of the nonconfidential motion papers and, when permitted by the applicable protective order, two copies of the confidential motion papers. (3) Availability to the Public. The confidential motion papers will be made available only to authorized court personnel and must not be made available to the public. After 5 years following the end of all proceedings in the court, the parties may be directed to show cause why confidential motion papers (except those protected by statute) should not be made available to the public. 27 49 Federal Rules of Appellate Procedure Federal Circuit Rule Rule Rule 28. Briefs (a) Appellant’s Brief. The appellant’s brief must contain, under appropriate headings and in the order indicated: (1) a corporate disclosure statement if required by Rule 26.1; (2) a table of contents, with page references; (3) a table of authorities — cases (alphabetically arranged), statutes, and other authorities — with references to the pages of the brief where they are cited; (4) a jurisdictional statement, including: (A) the basis for the district court’s or agency’s subject-matter jurisdiction, with citations to applicable statutory provisions and stating relevant facts establishing jurisdiction; (B) the basis for the court of appeals’ jurisdiction, with citations to applicable statutory provisions and stating relevant facts establishing jurisdiction; (C) the filing dates establishing the timeliness of the appeal or petition for review; and (D) an assertion that the appeal is from a final order or judgment that disposes of all parties’ claims, or information establishing the court of appeals’ jurisdiction on some other basis; (5) a statement of the issues presented for review; (6) a statement of the case briefly indicating the nature of the case, the course of proceedings, and the disposition below; (7) a statement of facts relevant to the issues submitted for review with appropriate references to the record (see Rule 28(e)); (8) a summary of the argument, which must contain a succinct, clear, and accurate statement of the arguments made in the body of the brief, and which must not merely repeat the argument headings; (9) the argument, which must contain: (A) appellant’s contentions and the reasons for them, with citations to the authorities and parts of the record on which the appellant relies; and (B) for each issue, a concise statement of the applicable standard of review (which may appear in the discussion of the issue or under a separate heading placed before the discussion of the issues); Rule 28. Briefs (a) Contents of Brief; Organization of Contents; Addendum; Binding. Briefs must be bound as prescribed in Rule 32 of the Federal Rules of Appellate Procedure and must contain the following in the order listed: (1) the certificate of interest (see Federal Circuit Rule 47.4); (2) the table of contents; (3) the table of authorities; (4) the statement of related cases (see Federal Circuit Rule 47.5); (5) the jurisdictional statement; (6) the statement of the issues; (7) the statement of the case, including the citation of any published decision of the trial tribunal in the proceedings; (8) the statement of the facts; (9) the summary of the argument; (10) the argument, including statement of the standard of review; (11) the conclusion and statement of relief sought; (12) the judgment, order, or decision in question, and any opinion, memorandum, or findings and conclusions supporting it, as an addendum placed last within the initial brief of the appellant or petitioner. This requirement is met when the appendix is bound with the brief. (See Federal Circuit Rule 30(c)(1) and (d) for a duplicative requirement of the appendix.) Additionally, in an appeal involving a patent, the patent in suit may be included within the addendum of the initial brief and, if included, must be reproduced in its entirety. (See Federal Circuit Rule 30(a)(3) for a requirement that the patent in suit be included in its entirety in the appendix.); (13) the proof of service (see Federal Rule of Appellate Procedure 25(d)); and (14) the certificate of compliance, if required by Federal Rule of Appellate Procedure 32(a)(7). (b) Appellee’s Jurisdictional Statement and Statements of the Issues, the Case, the Facts, and the Standard of Review. The appellee’s jurisdictional statement and statements of the issues, the case, the facts, and the standard of review must be limited to specific areas of disagreement with those of the appellant. Absent disagreement, the appellee must not include any of those statements. The statement of the case must include the 28 Federal Rules of Appellate Procedure Federal Circuit Rule 50 Rule citation of any published decision of the trial tribunal in the proceedings that is not included in the appellant’s statement of the case. (c) Motion to File Extended Brief. The court looks with disfavor on a motion to file an extended brief and grants it only for extraordinary reasons. Unless the order granting a motion to file an extended brief provides otherwise, when additional pages or words are allowed in the principal brief of an appellant or cross appellant, a responsive brief permitted by the rules may contain the same number of additional pages or words. (d) Brief Containing Material Subject to a Protective Order. (1) Two Sets of Briefs. If a party refers in a brief to material subject to confidentiality mandated by statute or to a judicial or administrative protective order, two sets of briefs must be filed. (A) Confidential set; labeling; number of copies. One set of briefs, consisting of the original and eleven copies, must be labeled “confidential” and filed with the court. If confidentiality will end on a date certain or upon the happening of an event, this must be stated on the cover, e.g., “CONFIDENTIAL UNTIL [DATE],” or “CONFIDENTIAL DURING JUDICIAL REVIEW.” Each page containing confidential material must enclose this material in brackets or indicate this material by highlighting. (B) Nonconfidential set; labeling; number of copies. The second set of briefs, consisting of the original and four copies from which confidential matter has been deleted, must be labeled “nonconfidential” and filed with the court. Each page from which material subject to a protective order has been deleted must bear a legend so stating. The table of contents of a nonconfidential brief must describe the general nature of the confidential material that has been deleted. (2) Service. Each party to the appeal must be served two copies of the nonconfidential brief and, when permitted by the applicable protective order, two copies of the confidential brief. (3) Availability to the Public. The confidential briefs will be made available only to authorized court personnel and must not be made available to the public. After 5 years following the end of all proceedings in the court, the parties may be directed to show cause why confidential briefs (except those protected by statute) should not be made available to the public. (10) a short conclusion stating the precise relief sought; and (11) the certificate of compliance, if required by Rule 32(a)(7). (b) Appellee’s Brief. The appellee’s brief must conform to the requirements of Rule 28(a)(1)-(9) and (11), except that none of the following need appear unless the appellee is dissa

Online Attorney