Federal Circuit Rule 45: Clerk of Court’s Duties

(a) Dismissal by Clerk of Court; Reconsideration.

The clerk of court may dismiss an appeal for a failure to follow the Federal Rules of Appellate Procedure or these Federal Circuit Rules.

A party may move that the court reconsider such dismissal, and any motion for reconsideration must be filed within fourteen (14) days after issuance of the order of dismissal and must not exceed five (5) pages. An unrepresented party may file an informal motion for reconsideration of the dismissal, which may be in the form of a letter.

(b) Release of Confidential or Sealed Materials.

Absent court order or authorization by these rules, the clerk of court may not publicly release any confidential or sealed document except to serve case participants with court-issued documents filed under seal. Ex parte confidential filings will remain restricted to the court until such time as the court deems them fit for release to the parties or the public.

(c) Authority to Enter Orders.

The clerk of court may enter an order “For the Court” only when authorized by these rules or at the direction of a judge or the court.

(d) Communication with the Court.

All correspondence and telephone calls about cases and motions and all press inquiries must be directed to the clerk of court.

(e) Deputy Clerks.

For purposes of these rules, any action that may be taken by the clerk of court may also be taken by any sworn deputy clerk of this court.

(f) Electronic Orders and Court Documents.

(1) Entry and Notice.

The electronic filing by the clerk of court of any order, opinion, judgment, notice, or other court-issued document through the court’s electronic filing system constitutes entry of that document on the docket maintained by the clerk of court under Federal Rule of Appellate Procedure 45(b), as well as notice to and service upon registered electronic filers under Federal Rule of Appellate Procedure 45(c). The clerk of court must give notice in paper form to any party not receiving electronic notice through the court’s electronic filing system.

(2) Signature and Validity.

Documents issued by the court, the clerk of court, or an authorized court representative are self-authenticating when issued through the court’s electronic filing system. Documents requiring a signature may be signed with an original, handwritten signature; an electronic signature consistent with the signature requirements for electronically filed documents under Federal Circuit Rule 25; or an affixed seal of the court.

Any court document electronically signed and filed through the court’s electronic filing system has the same force and effect as if it had been signed with an original, handwritten signature.

(3) Paperless Orders.

For routine procedural and notification matters, the clerk of court has the discretion to enter a notice or an order on the electronic docket as a text-only entry. Such orders have the same force and effect as any other order or notice. The clerk of court must give notice in paper form to any party not receiving electronic notice through the court’s electronic filing system.

(g) Public Notice.

For purposes of these rules, the clerk of court satisfies any public notice requirement by posting the notice on the court’s website.