CAFC Rule Changes on Reply Briefs, TOCs in Appendices Take Effect Dec. 1
The U.S. Court of Appeals for the Federal Circuit on Nov. 19 adopted amendments to its practice rules and notes and attorney discipline rules, the court announced. The changes will take effect Dec. 1 and will apply to "all cases filed order pending on or after" Dec. 1, unless otherwise ordered, the court said.
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The amendments cover governance on panel rehearings and rehearings en banc, placing them all under Rule 40. The change incorporates all procedural requirements for petitions and rehearings into one rule but doesn't make any substantive updates to the rule (see 2409050005).
The court altered its guidance regarding reply briefs, noting that it "prefers that reply briefs respond to the response brief rather than repeating what is in the principal brief." CAFC instructed parties to not use the full word length on reply briefs where it's not necessary.
An amendment to Rule 30 requires the appendix table of contents to include information showing how the document was designated in the reviewed tribunal and the corresponding exhibit number or letter, if applicable. If no identifying designation exists, the party must explain why.