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TYPE STYLE REQUIREMENTS 1. This brief complies with the type-volume limitation of Federal Rule of Appellate Procedure 32(a)(7)(B). ? The brief contains [state the number of] words, excluding the parts of the brief exempted by Federal Rule of Appellate Procedure 32(a)(7)(B)(iii), or ? The brief uses a monospaced typeface and contains [state the number of] lines of text, excluding the parts of the brief exempted by Federal Rule of Appellate Procedure 32(a)(7)(B)(iii). 2. This brief complies with the typeface requirements of Federal Rule of Appellate Procedure 32(a)(5) and the type style requirements of Federal Rule of Appellate Procedure 32(a)(6). ? The brief has been prepared in a proportionally spaced typeface using [state name and version of word processing program] in [state font size and name of type style], or ? The brief has been prepared in a monospaced typeface using [state name and version of word processing program] with [state number of characters per inch and name of type style]. Form 19 (s) (Name of Attorney) (State whether representing appellant, appellee, etc.) (Date) 128 FORM 20. Application for Fees and Other Expenses Under the Equal Access to Justice Act APPLICATION FOR FEES AND OTHER EXPENSES UNDER THE EQUAL ACCESS TO JUSTICE ACT Title 28 U.S.C. § 2412(d), Title II of Public Law 96-481, 994 STAT 2325 1. COURT UNITED STATES COURT OF APPEALS FOR THE FEDERAL CIRCUIT 2. DATE FILED 3. DOCKET NO. 4. NAME OF APPLICANT (one per form) 5. GOVERNMENT AGENCY INVOLVED IN CLAIM 6. NATURE OF APPLICATION A. ? Original application under 28 U.S.C. § 2412 (d) (1) (A) after judgment in civil action against U.S. Appeal of fees and expenses awarded by Lower Court. (If item 6B is checked go to item 7.) Original application under 28 U.S.C. § 2412 (d) (3) after review of agency decision. Petition for leave to appeal an administrative agency fee determination under 5 U.S.C. § 504 (c) (2). B. ? C. ? D. ? 7. APPEAL FROM: ? DISTRICT COURT ? BANKRUPTCY COURT ? OTHER: ______________________________ 7A. DATE FILED IN LOWER COURT 7B. DOCKET NO. 8. ADMINISTRATIVE AGENCY DOCKET NO. 9. DATE FILED IN ADMINISTRATIVE AGENCY 10. SHOWING IF “PREVAILING PARTY” STATUS (28 U.S.C. § 2412 (d) (1) (B)): IS AGENCY ORDER, COURT ORDER, OR OTHER RELEVENT DOCUMENT ATTACHED? ? YES ? NO 11. SHOWING OF ELIGIBILITY (28 U.S.C. § 2412 (d) (2) (B)): IS NET WORTH INFORMATION ATTACHED? ? YES ? NO 12. ENTER ALLEGATION THAT GOVERNMENT POSITION WAS NOT SUBSTANTIALLY JUSTIFIED (28 U.S.C. § 2412 (d) (B)): 13. FOR EACH AMOUNT CLAIMED, PLEASE ATTACH ITEMIZATION INFORMATION INDICATING SERVICE PROVIDED, DATE, HOURS, AND RATE (28 U.S.C. § 2412 (d) (B)): A. ATTORNEY FEES .......................................................................................... $ _______________________________________ B. STUDY ............................................................................................................ _______________________________________ C. ANALYSIS ....................................................................................................... _______________________________________ D. ENGINEERING REPORT ............................................................................... _______________________________________ E. TEST ............................................................................................................... _______________________________________ F. PROJECT ........................................................................................................ _______________________________________ G. EXPERT WITNESS FEES .............................................................................. _______________________________________ H. OTHER FEES AND EXPENSES - SPECIFY AMOUNT CLAIMED 14. SIGNATURE 15. DATE I. TOTAL FEES AND EXPENSES ....................................................................... $ ______________________________________ (1) ____________________________.................................................. _______________________________________ (2) ____________________________.................................................. _______________________________________ (3) ____________________________.................................................. _______________________________________ NOTE: THIS FORM SHOULD ACCOMPANY YOUR CLAIM WHEN FILED WITH THE CLERK OF COURT. Form 20 129 United States Court of Appeals for the Federal Circuit APPLICATION FOR ADMISSION TO THE BAR I (print name),_____________________________________________________, whose mailing address is: Street/P.O. Box _________________________________________________________________________ City/State/Zip/Phone _____________________________________________________________________ do hereby apply for admission to the bar of the United States Court of Appeals for the Federal Circuit. My personal statement showing my eligibility for membership is as follows: I am admitted to practice before the highest court of these states (attach extra page if necessary): State Court/Date of Admission _____________________________________________________________ I am admitted to practice before these federal courts (attach extra page if necessary): Federal Court/Date of Admission ___________________________________________________________ I certify that I am not presently subject to discipline by another court. I will inform this court within 30 days of any disciplinary action taken against me by any court and will furnish the court with copies of relevant court orders and I will inform the court if any bar application is denied. _____________________________________ Signature of Applicant MOTION OF SPONSOR (The motion of a sponsoring member of the bar is not required if the applicant attaches a certificate of good standing as described in Fed. Cir. R. 46(b).) I (print name), ____________________________________, a member of the bar of this court, do hereby move the admission of the above attorney. Date: ________________Signature of sponsor: _______________________________________________ OATH OF ADMISSION (Execute the oath unless arrangements have been made to have the oath administered in open court) I, ______________________________________, do solemnly swear (or affirm) that I will comport myself as an attorney and counselor of this court, uprightly and in accordance with the law, and that I will support the Constitution of the United States. _____________________________________ Signature of Applicant Subscribed and sworn to before me on this date: _______________________ My commission expires on this date: ____________________________Signature of Notary: _________________________________ [Seal] FORM 21. Application for Admission to the Bar Form 21 130 FORM 21 Application for Admission to the Bar (continued) INSTRUCTIONS FOR APPLYING FOR ADMISSION TO THE BAR OF THE UNITED STATES COURT OF APPEALS FOR THE FEDERAL CIRCUIT Fill out the application on the reverse side. Print your name clearly on the first line. Your name as printed will be the name that appears on the court’s attorney roster and on the certificate of admission. You may submit a completed admission form accompanied by a certificate of good standing from one of the courts enumerated in Fed. R. App. P. 46(a) or Fed. Cir. R. 46(a) (the certificate must be dated within 30 days of the motion for admission and must bear the seal of the issuing court) or you may submit a completed admission form and have a member of the bar move for your admission in the space provided on the form. Fed. Cir. R. 46(b) sets forth the admissions procedures fully. The prescribed fee for admission is $25. The application must include a check in that amount payable to the Clerk of Court. The application and check should be sent to: Clerk of Court, United States Court of Appeals for the Federal Circuit, 717 Madison Place, NW, Washington, DC 20439. FOR CLERK’S USE ONLY Fee Paid: __________ yes __________ no Date Paid: ___________________ Admitted On: ___________________ _________________________________ Signature of Clerk or Deputy Clerk Form 21 GUIDE FOR PRO SE PETITIONERS AND APPELLANTS Guide for Pro Se Petitioners and Appellants 132 133 Federal Rules of Appellate Procedure — Guide for Pro Se Petitioners and Appellants 1. Appearing pro se or by counsel; unions; veterans organizations; nonlawyer representatives; deceased appellants or petitioners; corporations; associations. You as an individual may conduct your own case pro se in the United States Court of Appeals for the Federal Circuit. (“Pro se” means “in his own behalf.”) If you are pro se, you must file a written entry of appearance, within 14 days after your case is docketed, on the form provided by the clerk. Alternatively, you may be represented by a lawyer admitted to practice before this court. If legal counsel enters an appearance, only counsel may conduct the case. The court has no procedure to appoint counsel for you. A union, veterans organization, or other nonlawyer representative may not represent you in this court even if such represented you before the Merit Systems Protection Board, an arbitrator, the Court of Appeals for Veterans Claims, or other tribunal. Nor may other lay spokespersons like relatives or friends represent you in this court. An executor or administrator of the estate of an appellant or petitioner also must be represented by counsel. Corporations and associations cannot proceed pro se and must be represented by counsel. 2. Available materials. Your pro se case is subject to the United States Code, Federal Rules of Appellate Procedure, and Federal Circuit Rules. You may obtain the Rules of Practice from the clerk and you will be sent a copy when your case is docketed. You will find the statutes governing this court’s jurisdiction and related matters in the United States Code, the United States Code Annotated, or the United States Code Service, and the decisions of the court in the Federal Reporter, Second and Third Series (F.2d, F. 3d), all available in many public libraries. 3. Filing petitions for review or notices of appeal; postmark does not establish timeliness; forms. You must file your petition for review or notice of appeal within the time allowed by the statute that authorizes it. Your petition or notice is not considered filed at the time it is postmarked by the U.S. Postal Service; it must actually be received in the place for filing within the time allowed by statute. You may not file a petition for review or notice of appeal by facsimile transmission. The statutes allow these times for filing: Merit Systems Protection Board. You may seek review of a Merit Systems Protection Board decision in one of two ways. First, you may petition this court for review of an initial decision of an administrative judge within 60 days of the date that decision becomes final. The initial decision will clearly state the date that the decision becomes final. If you choose to petition this court for review at that time, you may not petition the three-member Board for review of the administrative judge’s decision and you may not file a petition for review in both this court and before the Board. If you file in both places, your petition here will be dismissed as premature. Second, you may, after an administrative judge issues an initial decision, petition the three-member Board for review of that decision. When the Board issues a decision, you may file a petition for review in this court within 60 days of receipt of the Board’s decision. Either your employing agency or the Office of Personnel Management as named in the order of the Merit Systems Protection Board, or the board itself, will be the respondent in your petition for review. In your petition for review, you should name as respondent the agency captioned in the board’s order on your appeal. If the board should be the respondent rather than the agency, you will be notified by the clerk. Arbitrator. You have 60 days after you receive notice of the Arbitrator’s decision to file a petition for review with the clerk of this court. Arbitration awards in the U.S. Postal Service, however, are not appealable. General Accounting Office Personnel Appeals Board. You have 30 days after you receive notice of the Board’s decision to file a petition for review with the clerk of this court. Patent and Trademark Office Boards. You have 2 months from the date of a final decision of the Board of Patent Appeals and Interferences or the Trademark Trial and Appeal Board in which to file a notice of appeal with the Patent and Trademark Office. If you asked the board to reconsider your case, you have 2 months from the date of the decision on reconsideration in which to file a notice of appeal with the Patent and Trademark Office. A notice of appeal must actually reach the Patent and Trademark Office within the 2-month period. If mailed, the notice should be addressed: Attn: Office of the Solicitor Box 8 United States Patent and Trademark Office Washington, DC 20231 GUIDE FOR PRO SE PETITIONERS AND APPELLANTS Guide for Pro Se Petitioners and Appellants 134 A copy of the notice of appeal must also be sent to the clerk of this court. Boards of Contract Appeals. You have 120 days after receiving the decision of a Board of Contract Appeals in which to file a notice of appeal with the clerk of this court. International Trade Commission. You have 60 days after a determination of the International Trade Commission becomes final to file a notice of appeal with the clerk of this court. District Courts; Court of International Trade; Court of Federal Claims; and Court of Appeals for Veterans Claims. You have 30 days from the date of entry of the judgment or order to file a notice of appeal with the clerk of the district court, the Court of International Trade, the Court of Federal Claims, or the Court of Appeals for Veterans Claims. You have 60 days when the government was the other party in one of these courts. If your Court of Federal Claims case involved vaccine compensation, file your petition for review with the clerk of this court. Judicial review under the Administrative Procedure Act of rule making by the Department of Veterans Affairs (VA). You may seek judicial review in this court of VA rule making only if you are challenging the publication or promulgation of a VA rule or regulation. If you have a VA claim and you seek to challenge the VA’s application of the veterans’ benefits statutes to the facts of your particular claim as it has been adjudicated in the VA, you may not do so under the guise of seeking judicial review of VA rule making concerning the rules used to adjudicate your claim. If you want your claim reviewed in this court, it must first be reviewed in the Court of Appeals for Veterans Claims. When reviewing your claim, both this court and the Court of Appeals for Veterans Claims will review the legality of the VA rules used to adjudicate your claim to the extent permitted by statute. Office of Compliance. You have 90 days after the entry of a final decision in the records of the Office of Compliance to file a petition for review with the clerk of this court. Equal Employment Opportunity Commission (or other entity designated by the President). You have 30 days after the receipt of a final order to file a petition for review with the clerk of this court. EEOC orders reviewable in this court pertain only to certain Presidential appointees. EEOC orders pertaining to discrimination claims in MSPB appeals are not reviewable in this court. Timeliness. If a notice of appeal or petition for review filed with the clerk shows on its face that it is not timely filed within the time allowed by statute to appeal or petition, the clerk will reject the notice of appeal or petition. When it cannot be determined from the facts set forth whether a notice of appeal or petition for review is timely, but the clerk has reason to believe it may be untimely, the clerk will ascertain from the board or agency whose decision is the subject of the appeal or petition when notice of its decision was received by the appellant or petitioner and will thereupon make a determination of timeliness. If the clerk determines that the appeal or petition for review is untimely, the clerk will reject it. Thereafter, if the appellant or petitioner submits proof of timeliness, the clerk will enter the appeal or petition for review upon the docket of the court. Extensions of time to appeal or to petition for review requested in the court of appeals; in the district court. This court lacks authority to extend the time to appeal or to petition for review because the applicable statutes do not confer on the court the power to waive or extend the time to appeal or petition. When an application or request to extend the time to appeal or petition is received, if the time to appeal or petition has not yet passed, the application or request will be deemed to be the appeal or petition for review, and it will be placed on the docket by the clerk. However, if the time to appeal or petition has passed, the application or request will be returned by the clerk without judicia

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