CAFC Adopts Practice Rules Changes, Effective Dec. 1
The U.S. Court of Appeals for the Federal Circuit adopted amendments to seven of its practice rules and three of its practice notes following a comment period (see 2509180010). The changes, which affect Rules 15, 25, 30, 32, 39, 46 and 47, will take effect on Dec. 1.
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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.
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."
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."