Wednesday, November 01, 2006

The Federal Circuit "Top Ten" No-No's

In an effort to assist counsel in filing briefs and motions that comply with the Federal Rules of Appellate Procedure, the Clerk's Office has prepared lists of the "Top Ten Reasons" why most documents are rejected.

Top 10 Reasons Why Formal Briefs Are Rejected

1. A proof of service does not accompany the Appendix. Fed. R. App. Proc. 25(d).

2. Footnotes are not printed in the same size font as the text of the brief. Practice Note to Rule 32.

3. The brief does not contain a certificate of interest. Fed. Cir. R. 28(a)(1).

4. The cover of the brief does not follow the official caption provided by the Clerk. Fed. R. App. Proc. 32(a)(2)(A – D). A copy of the official caption should be received with the docketing statement.

5. The brief contains an impermissible addendum. Excluding the required addendum in the Appellant or Petitioner’s brief, an addendum attached to any other brief is acceptable if it contains only statutes, rules, regulations, etc. Fed. R. App. Proc. 28(f).

6. The table of contents of any non-confidential brief or appendix must describe the general nature of the confidential material that has been deleted. Fed. Cir. R. 28(d)(1)(B) and Fed. Cir. R. 30(h)(1)(B); Example in Practice Note 28.

7. The Appellant or Petitioner’s brief does not contain the judgment, order, or opinion in question as an addendum placed last within the brief. Fed. Cir. R. 28(a)(12).

8. The brief does not contain a statement of related cases. Fed. Cir. R. 28(a)(4).

9. The appendix must begin with a table of contents identifying the page at which each part begins. Fed. R. App. Proc. 30(d).

10. When the brief and appendix are combined, the cover must so indicate. Fed. Cir. R. 30(d)(1).

Click here for the publication.

Top 10 Reasons Why Motions Are Rejected

1. The motion does not include a certificate of interest. (Fed. Cir. R. 27(a) and 47.4)

2. The person signing the motion has not entered an appearance, or, there is no declaration of authority. (Fed. Circ. R. 47.3(d) and 27(a)(6))

3. The Official Caption or abbreviated caption is incorrect. (Fed. Cir. R. 27(a)(2))

4. Not enough copies are provided with the motion, response or reply. (Fed. Cir. R. 27(j) and Fed. R. App. P. 27(d)(3))

5. A proposed order is not attached where the parties have consented to the motion for a procedural order. (Fed. Cir. R. 27(a)(9)) and 27 (a)(5))

6. The motion does not state grounds for an enlargement of time. (Fed. R. App. P. 27(a)(2)(A) and Fed. Cir. R. 27(a)(4))

7. The motion does not contain a statement of consent. (Fed. Cir. R. 26 (b)(3) and 27(a)(5)).

8. No copy of the decision or order is attached to the motion. (Fed. R. App. P. 27(a)(2)(B)(iii))

9. The title of the response does not reflect a request for further relief. (Fed. R. App. Proc. 27(a)(3)(B))

10. The movant does not include an affidavit or declaration required by Fed. Cir. R. 26(b)(5) and 26(b)(1)(B)).

Click here for the publication.

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