Federal Circuit Rule 47.3: Representation and Appearance
Rules of Practice and Internal Operating Procedures of the Federal Circuit — Title VII. General Provisions
(a) Representation Requirements.
A corporation, partnership, organization, or other legal entity must be represented by counsel before this court. An individual person may choose to be represented by counsel or to proceed without counsel but may not be represented by a non-member of the bar of this court.
(b) Appearance.
(1) Counsel.
Counsel retained prior to docketing must file an entry of appearance within fourteen (14) days after the court dockets the case, and one counsel must be designated as the “principal counsel.” Counsel retained after initial docketing must file an entry of appearance within fourteen (14) days after being retained or admitted to the court’s bar, whichever is later. All counsel must file an entry of appearance, except for government officials, who, by reason of their status as supervisors or heads of offices, may be listed on filings in their ex officio capacity.
(2) Counsel Not Entering Appearances.
Except for government officials noted above, counsel who have not filed an entry of appearance will neither be listed on the case docket nor on any decision in the case.
(3) Intervenor and Amicus Curiae.
Counsel for each intervenor, amicus curiae, or movant must file an entry of appearance contemporaneously with the first document filed by that intervenor, amicus curiae, or movant.
(4) Appearance Before Merits Panel.
Counsel seeking to appear for the first time after the case is assigned to a merits panel must file a motion for leave of court to appear. Only counsel who have filed entries of appearance may present oral argument.
(5) Unrepresented Parties.
Each unrepresented party must submit a notice of unrepresented person appearance within fourteen (14) days after the case is docketed or fourteen (14) days after the last remaining counsel for the party has withdrawn.
(6) Form and Contents.
An entry of appearance or notice of unrepresented person appearance must be prepared on the form supplied by the clerk of court, and all information requested on the form must be provided. At the time of filing an entry of appearance, any counsel listed on that form may file and sign the form on behalf of all listed counsel.
(c) Substitution or Withdrawal of Counsel.
Principal counsel may not withdraw from representing a party without notice to the party and leave of the court. Government attorneys and non-principal counsel for other parties may withdraw by filing a notice with the clerk of court. To substitute principal counsel, the current principal counsel and new principal counsel must each file amended entries of appearance noting the changes in representation.
Notes
Practice Notes to Rule 47.3
Appearance Form.
Using Federal Circuit Form 8A satisfies the entry of appearance requirements under Federal Circuit Rule 47.3(b)(1) for counsel. Using Federal Circuit Form 8B satisfies the notice requirements under Federal Circuit Rule 47.3(b)(5) for unrepresented parties.
Counsel on Appeal.
For information on the service of documents on a party before counsel has entered an appearance, refer to Federal Circuit Rule 25(e)(5).
New counsel on appeal should provide a copy of the entry of appearance form filed in this court to the lower court or agency to expedite service of the certified list and other communications.