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On December 2, 2019, the court will issue an updated version of the Federal Circuit Rules of Practice incorporating any adopted amendments to the Federal Rules of Appellate Procedure.  Filers are advised that to the extent that the December 2019 Federal Rule of Appellate Procedure amendments eliminate the proof of service requirement for electronic filing, beginning December 1, 2019, the Federal Circuit will no longer treat as non-compliant electronically-filed documents that otherwise comply with the proof of service requirements of amended Federal Rule of Appellate Procedure 25(d).  The full notice is available here.

The extended maintenance window to update NextGen CM/ECF to version 1.4 has been moved to Saturday, November 9, 2019.  During this time, the CM/ECF system will be unavailable from 6:00 a.m. – 6:00 p.m. (Eastern).  While the system will be available for intermittent accessing of documents, filers should not attempt to file any new documents with the court during this maintenance window. 

The United States Court of Appeals for the Federal Circuit will be closed on Friday, November 29, 2019, in addition to the federal holiday of Thursday, November 28, 2019.  For purposes of computation of time and motions to enlarge time under Federal Rule of Appellate Procedure 26 and Federal Circuit Rule 26, November 29, 2019, will be considered a “legal holiday.” Click here for the order.

Due to the inaccessibility of the court’s electronic filing system beginning the evening of October 18, 2019, and continuing to October 20, 2019, all deadlines for electronic filings that fell on October 18, 2019, will be extended to October 21, 2019.  See Fed. R. App. P. 26(a)(3)(A).  Counsel who missed filing deadlines due to this outage but who file their due documents on or before October 21, 2019, will not be not required to submit a motion to the court and related affidavit required by Fed. Cir. R. 25(c)(1)(J).  The full notice is available here.

The United States Court of Appeals for the Federal Circuit's electronic filing system (CM/ECF) is experiencing technical difficulties, including the inability of users to access documents through PACER, and as such electronic filing is currently inaccessible.  At this time, there is no estimated time as to when services will be fully restored but additional information will be posted once it becomes available.  Meanwhile, counsel should review Federal Rule of Appellate Procedure 26(a) and Federal Circuit Rule 25(c)(1)(J) regarding time-sensitive filings due during this period of technical inaccessibility for any filings due on Friday, October 18, 2019.

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