Federal Circuit Rule 17: Filing the Record
Rules of Practice and Internal Operating Procedures of the Federal Circuit — Title IV. Review or Enforcement of an Order of an Administrative Agency, Board, Commission, or Officer
(a) Retaining the Record; Sending the Certified List.
The agency must retain the record and send to this court a certified list or index unless this court, on motion or sua sponte, orders otherwise. This requirement also applies to arbitrators whose decisions are reviewable by this court.
(b) Certified List or Index.
(1) From the United States Patent and Trademark Office.
No later than forty (40) days after this court dockets an appeal, the Director must send to the clerk of court the certified list and a copy of the decision or order appealed. This constitutes compliance with the requirement of 35 U.S.C. § 143 and 15 U.S.C. § 1071(a)(3) for sending a certified record to the court.
(2) From Another Agency.
No later than forty (40) days after the court serves a petition for review or notice of appeal on an agency, the agency must send to the clerk of court the certified list or index and a copy of the decision or order being appealed.
(3) Index of VA Rulemaking Record.
In petitions for review under 38 U.S.C. § 502, if a petitioner has not adequately identified the rulemaking proceeding complained of, so that the Secretary of Veterans Affairs cannot send the certified list or index within the time provided in Federal Circuit Rule 17(b)(2), the Secretary must promptly move to waive or extend the time for filing the certified list or index.
(c) Service of Certified List or Index by Agency.
When an agency sends a certified list or index to the clerk of court, it must simultaneously serve a copy on the parties and provide a certificate of service to the clerk of court.
(d) Access of Parties and Counsel to Original Record.
(1) Material Not Subject to a Protective Order; Inspection and Copying.
When a petition for review or notice of appeal is filed, the agency must permit a party or counsel for a party to inspect and copy the nonconfidential original papers, transcripts, and exhibits to prepare the appendix. This inspection and copying is subject to reasonable regulation by the agency.
(2) Material Subject to a Protective Order; Inspection and Copying.
A party or counsel for a party must be permitted to inspect and copy material contained in the record governed by a protective order of an agency in accordance with that order. If this court modifies or annuls the protective order, the access of a party or counsel is governed by the order of this court.
(e) Protective Orders.
Federal Circuit Rule 25.1(c) applies to the status of agency protective orders and modification thereof.
Notes
Practice Notes to Rule 17
Transcript of Agency Proceeding at Government Expense.
These rules do not require an agency to provide a party with a written transcript at the agency’s expense. Any party seeking a written transcript of a hearing should direct the request to the agency, not the court.