Federal Rules of Appellate Practice, Fee Increases and More

By Gabriella Khorasanee, JD on December 04, 2013 | Last updated on March 21, 2019

The end of the year is near, and in this not-so-busy period, it's a great time to brush up on the administrative basics -- and that's what the Federal Circuit is doing. With revised rules, fees and schedules, here's the latest info to keep your appellate practice moving smoothly...

Amended Rules of Appellate Practice

Effective December 1, 2013, the Supreme Court adopted amendments to the Federal Rules of Appellate Procedure. Only two amendments are relevant for practice in the Federal Circuit: changes to Fed. R. App. 28 and Fed. R. App. 28.1. The main change results in the way briefs are drafted; before the statement of the case and the statement of facts were separate sections, and now, the two sections may be combined in one portion of the brief.

Fee Increases

The Federal Circuit has increased its fees effective December 1, 2013, pursuant to the Judicial Conference of the United States' approval of fee schedule changes. Some fees have remained the same, while others show modest increases. The biggest jump went from $0 to $39, for multiple box archives request. You can see a copy of the new Federal Circuit fee schedule here.

Proposed Amendments to Mediation Program

Under 28 U.S.C. § 2071(b), the Federal Circuit is proposing to adopt Federal Circuit Rule 33.1 and revising Mediation Guidelines, to amend the Federal Circuit's mediation program. The deadline for public comments is tomorrow, Thursday, December 5, 2013. If you would like to make comments, but have not done so, now is the time; send comments via email to clerk2@cafc.uscourts.gov.

2013 Holiday Closures

The court has announced, by order of the Chief Judge of the U.S. Court of Appeals for the Federal Circuit, that the court will be closed on Tuesday, December 24, 2013 and Tuesday, December 31, 2013. For purposes of filings and computation of deadlines, December 24th and 31st are considered "legal holidays."

Make sure you make a note of the new rules, fees and closures to properly meet the demands of any current matters before the Federal Circuit.

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