CAFC Practice Rule Updates Take Effect, Court Adds New Forms
Changes to seven of the U.S. Court of Appeals for the Federal Circuit's practice rules took effect on Dec. 1, the court announced. The alterations affect Rules 15, 25, 30, 32, 39, 46 and 47 (see 2511100011). In addition, the court said it adopted changes to Forms 10 and 26 and adopted new Forms 35 and 36.
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The court altered Rule 15(c) to use new language to "avoid suggesting a party may raise a claim of discrimination" before raising the same with the Merit Systems Protection Board. Form 10 was altered to reflect this change.
The court amended Rule 25(c)(1)(B) to drop the requirement to file physical items in the same amount as required for copies of a brief, appendix or petition. The court also updated Rule 25(i)(2) to remove the requirement for counsel to mark "corrected" on an electronic submission in response to a "directive from either the court or the Clerk’s Office during the pre-panel-assignment period of the case."
The amendments altered Rule 25.1(b) to include language relating to a waiver of an individual's own personally identifiable information to align with the Federal Rules of Appellate Procedure and Federal Rules of Civil Procedure.
The court also updated rules 30(d)(2) and 30(e)(3) to clarify that 200 electronic pages are allowed in an appendix accompanying a principal brief, which equates to 100 double-sided printed pages.
Rule 46(g) now includes a process for "law student practice at the Federal Circuit." Forms 35 and 36 were added to the court's website to effectuate this process. Form 35 allows a party to provide written consent for eligible law student practice, and Form 36 certifies the supervising attorney over the law student.
And, the court altered Rule 47.6 to update the filing of the docketing statement by "assigning the filing requirements to the appellant, cross-appellant or petitioner only." Form 26, which contains the docketing statement, was amended to reflect this change.