Fed. Cir. R. 12

History

PRACTICE NOTES TO RULE 12 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. Representation Statement. The requirements of Federal Rule of Appellate Procedure 12(b) are met by filing the entry of appearance required under Federal Circuit Rule 47.3. If the attorney who filed the notice of appeal will not be representing any parties on appeal, the court will not require that attorney to file an entry of appearance or representation statement. Trial Court Intervenors. Parties permitted to intervene in the trial court as plaintiffs or defendants will usually be identified only as plaintiff or defendant on the official caption to avoid confusion with any third party permitted to intervene in the appeal. Transferred Appeal. An appeal transferred from another court will be given a new docket number and may be consolidated by the clerk of court with any previously docketed appeal from the same judgment or order. Participation by Appellees. It is the court’s usual practice to include in the official caption all parties participating in the court below at the time of entry of judgment, even if they are not participating in the appeal. Parties included in the trial court title that have an adverse interest to the appellant but that are not cross-appealing will be deemed appellees. An appellee desiring not to file a brief or join in another party’s brief should promptly notify the clerk of court. The clerk of court will remove the party’s designation as an appellee from the official caption. Consolidation. An appeal in a case that was consolidated in the trial court will be docketed under the title used for the consolidated case. When more than one party appeals from the same trial court case, the appeals or cross - appeals will usually be consolidated by the clerk of court. Other appeals may be consolidated on motion or by the court sua sponte. (Return to Table of Contents)