Federal Circuit Rule 3: Appeal as of Right — How Taken
Rules of Practice and Internal Operating Procedures of the Federal Circuit — Title II. Appeal from a Judgment or Order of a District Court
(a) Opinion; Certified Copy of Docket Entries.
When a notice of appeal is filed, the trial court clerk of court must promptly send to this court’s clerk of court a copy of the opinion, if any, that accompanied the judgment or order being appealed. The trial court clerk of court must certify the copy of the docket entries and send it with the notice of appeal.
(b) Petition for Certification of Judgment of the High Court of the Trust Territory of the Pacific Islands.
A petition for certification of a judgment of the High Court of the Trust Territory of the Pacific Islands under the Compact of Free Association: Federated States of Micronesia, Republic of Marshall Islands, Title II, Title One, Article VII, § 174(c), and the Compact of Free Association:
Palau, Title II, Title One, Article VII, § 174(c), in 48 U.S.C. § 1901 note and § 1931 note, must be filed with this court’s clerk of court, but otherwise is deemed to be an appeal from the judgment of a district court for purposes of these rules.
(c) Appeals Under 15 U.S.C. § 3416(c) and Petitions Under 42 U.S.C. § 300aa-12(f).
The filing fee for a notice of appeal under 15 U.S.C. § 3416(c) or a petition for review under 42 U.S.C. § 300aa-12(f) must be paid to the circuit clerk of court. Upon docketing of the appeal, the circuit clerk of court will forward instructions to the trial court clerk of court to comply with Federal Rule of Appellate Procedure 3(d) and Federal Circuit Rule 3(a).
Notes
Practice Notes to Rule 3
Failure to File a Notice of Appeal.
Only a party that has filed a notice of appeal or cross-appeal may attack all or any part of the trial court judgment. Any other party in the trial court not filing a notice of appeal may participate in the appeal as an appellee but may not seek to overturn or modify the judgment.
Fees.
The fee schedule is set forth in Federal Circuit Rule 52. See also 28 U.S.C. § 1913, note 1 [Judicial Conference Schedule of Fees].
Filing and Docketing an Appeal.
An appeal is filed when the notice of appeal is received by the trial court. An appeal sent to this court by the trial court clerk of court is docketed when it is listed on the docket and assigned a docket number.
Appeals Under 5 U.S.C. § 3416(c) and Petitions Under 42 U.S.C. § 300aa-12(f).
Notices of appeal under 15 U.S.C. § 3416(c) from district courts concerning the enforcement of presidential subpoenas and orders during a natural gas shortage and petitions for review under 42 U.S.C. § 300aa- 12(f) from Court of Federal Claims vaccine determinations are filed in this court, unlike other appeals from those courts in which the notice of appeal is filed with the clerks of those courts.