Rules of Practice Amendments 2023

  • Pursuant to 28 U.S.C. § 2071(b) and Federal Circuit Rule 47(a), the United States Court of Appeals for the Federal Circuit has adopted amendments to Federal Circuit Rules of Practice 25, 26, 27, 28, 28.1, 30, 31, 32, 33, 33.1, 34, 35, 39, 40, 41, 47.4, 47.5, and 47.6. The proposed amendments were published for public comment on September 2, 2022, and January 20, 2023. The court received and reviewed public comments on the proposed amendments, and the court has ordered the adoption of the proposed amendments, as amended, effective March 1, 2023. These amendments will apply to all cases filed order pending on or after March 1, 2023, to the extent practicable, unless otherwise ordered.
  • The court’s website contains the court’s order adopting these amendments, a draft proof copy of the Federal Circuit Rules of Practice, a summary of the adopted amendments, and an explanation of substantive modifications to the proposed amendments following the public comment period.

    The final version of the Federal Circuit Rules of Practice incorporating these amendments will be available on the court’s website by February 27, 2023. As part of the implementation of these amendments, the Clerk’s Office will be providing additional information and updates to materials on the court’s website, including court forms, by March 1, 2023. [February 23, 2023].

  • Pursuant to 28 U.S.C. § 2071(b) and Federal Circuit Rule 47(a), the United States Court of Appeals for the Federal Circuit gives notice that it proposes to amend Federal Circuit Rules of Practice 26, 30, 31, 33, 33.1, 34, 39, and 47.6 and the Practice Notes to Rules 34, 42, 47.5, and 47.6.  The proposed amendments are available on the court’s website. If adopted, the amendments would take effect on March 1, 2023.  On that date, the court may also implement previously deferred amendments.  Please refer to the court’s notice issued November 17, 2022.
  • Public comments must be received by the Clerk of Court on or before February 21, 2023, and may be submitted by email or by mail to Proposed Rules Comments 2023, Clerk’s Office, U.S. Court of Appeals for the Federal Circuit, 717 Madison Place, N.W., Washington, D.C. 20439.  [January 20, 2023]

Rules of Practice Amendments 2023