CAFC Proposes Various Amendments to Its Practice Rules; Comments Due by Oct. 16
The U.S. Court of Appeals for the Federal Circuit on Sept. 16 proposed amending seven of its practice rules and four practice notes to its rules. The court said public comments on the proposed changes are due by Oct. 16. If approved, the amendments would take effect on Dec. 1.
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The court proposed amending 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 suggested altering 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 proposed amending 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 also would alter 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 proposed updating 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.
Under the amendments, Rule 46(g) would be altered to implement a process for "law student practice at the Federal Circuit." Lastly, the court proposed altering Rule 47.6 to update the filing of the docketing statement by "assigning the filing requirements to the appellant, cross-appellant or petitioner only."