Fed. Cir. R. 25

(a) General Filing Requirements.

(1) Filing Methods.

Where these rules discuss electronic filing, it exclusively refers

to use of the court’s electronic filing system. Unless authorized

in advance by the court or the clerk of court, facsimile and email

transmission of documents will not be accepted.

(A) Represented Parties.

Parties represented by counsel must submit all

documents in Portable Document Format (PDF) using

the court’s electronic filing system and following the

instructions and requirements in the court’s Electronic

Filing Procedures.

(B) Unrepresented Parties.

Following public notice, the clerk of court may provide for

unrepresented parties to file electronically and may

establish necessary procedures and requirements

consistent with these rules. Once electronic filing is

available, an unrepresented party must inform the court

within fourteen (14) days after that party’s case is

docketed whether the filer elects to submit documents in

paper form or register for electronic filing and submit

documents in PDF through the court’s electronic filing

system; following this election, the party may not change

methods in that case without leave of the court or the

*All of this court’s paper copy requirements are consolidated under Fed. Cir. R. 25(c)(3).

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clerk of court for good cause shown. An unrepresented

party may use either method to submit case-initiating

documents and may elect to file using different methods

in each separate case. If an unrepresented party elects

to file electronically, Federal Circuit Rule 25(c)(1)

applies.*

(2) Electronic Filer Registration.

Attorneys who appear before this court and unrepresented

parties choosing to file electronically must register for the

court’s electronic filing system. Registration requirements are

located in the court’s Electronic Filing Procedures. Registration

for electronic filing is not a substitute for admission to the bar

or appearance in a case. Unrepresented paper filers may

register for electronic filing at any point, and they may elect to

file electronically after registration is approved by the court.

(3) Restrictions on Electronic Filers.

Registration for the court’s electronic filing system constitutes

an agreement by the filer to abide by all the procedures and

requirements set forth in the court’s Electronic Filing

Procedures. Following notice and an opportunity to respond,

the clerk of court may restrict or revoke electronic filing

privileges for users who have either (A) repeatedly failed to

comply with these procedures and requirements or (B) failed to

maintain appropriate security of account credentials.

(4) Electronic Filing Procedures.

The clerk of court is authorized to adopt Electronic Filing

Procedures governing the administrative and technical

requirements and procedures for using the court’s electronic

filing system. † However, nothing in the Electronic Filing

Procedures may contradict the Federal Rules of Appellate

Procedure, the Federal Circuit Rules, or any applicable federal

law.

*Ed. Note: Electronic filing for unrepresented parties was made available beginning on October 1, 2020.

†Ed. Note: The Electronic Filing Procedures adopted by the clerk of court are available on the court’s

website at https://cafc.uscourts.gov/wp-content/uploads/ElectronicFilingProcedures.pdf.

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(5) Change of Name or Contact Information.

Filers must immediately submit an amended appearance under

Federal Circuit Rule 47.3 to notify the clerk of court of a change

of name or contact information, including an email address for

electronic service. Electronic filers must also update their

information in the court’s electronic filing system. Failure to

maintain current contact information with the clerk of court

may result in the suspension of electronic filing privileges or

missed notifications.

(b) Case-Initiating Documents.

Documents such as appeals filed directly with this court, petitions for

review, petitions for writs of mandamus, petitions for permission to

appeal, and motions for stays or injunctions under Federal Rule of

Appellate Procedure 8 or 18 are considered case-initiating documents

if the appeal or petition has not been docketed.

(1) Electronic Submissions.

A case-initiating document is considered filed at the time and

date registered by the court’s electronic filing system. No paper

copy is required. Parties represented by a member of the bar of

this court must submit case-initiating documents electronically.

(2) Nonelectronic Submissions.

Unrepresented parties or parties represented at the lower

tribunal by counsel who are not members of the bar of this court

may choose to submit case-initiating documents in paper. Only

one paper copy is required of any case-initiating document

submitted in paper. Once the notice of docketing is issued, an

unrepresented party must follow Federal Circuit Rule 25(a)(1).

(c) All Other Documents.

(1) Submissions by Electronic Filers.

A document submitted electronically is deemed filed on the date

and time stated on the Notice of Docket Activity generated from

the court’s electronic filing system. Paper copies must not be

provided to the court except to the extent required by Federal

Circuit Rule 25(c)(3) or as ordered by the court.

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(A) Motion for Exemption.

A motion for exemption from electronic filing

requirements may be submitted in paper form. Upon a

showing of good cause, the court may exempt a filer from

electronic filing requirements and authorize filing by

other means.

(B) Items That Cannot Be Filed Electronically.

Exhibits, attachments, or appendices that cannot be

submitted electronically due to their format — such as

those which are illegible when scanned, or which,

because of their odd shape, are unable to be scanned, or

physical exhibits other than documents, — may be filed

in physical form without leave of court. The party must

file electronically a Notice of Physic al Filing and submit

the original exhibit, attachment, or appendix in physical

form to the clerk of court with in five (5) business days

after filing the notice. For electronic appendix material

that is unable to be reproduced in paper, Federal Circuit

Rule 30(i) applies, and a separate Notice of Physical

Filing is not required.

(C) Technical or System Failures.

An electronic filer whose filing is untimely as the result

of a technical or system failure may file a motion for leave

to file out of time that includes (1) a declaration or

affidavit attesting to the failed attempts to file

electronically and (2) the document that could not be filed

due to the technical or system failure.

(2) Submissions by Nonelectronic Filers.

A document submitted in paper form is deemed filed on the date

and time it is received by the court. Additional paper copies

must not be provided to the court except to the extent required

by Federal Circuit Rule 25(c)(3) or as ordered by the court.

(A) Originals.

Nonelectronic filers, including counsel exempted from

electronic filing requirements, must file one original of

each document. If a party chooses to file required paper

copies at the same time as the original submission, then

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the original will count toward the number of paper

copies.

(B) Paper Records.

The clerk of court will scan originals provided in paper

and make the scanned documents part of the court’s

official record through its electronic filing system. After

the scanned documents are entered into the court’s

electronic filing system, the paper documents will be

discarded in accordance with judiciary records

management policies.

(3) Paper Copies.

Except as provided in this subsection or as ordered by the court,

electronic filers must not provide paper copies to the court.

When paper copies are required, the clerk of court will note

receipt of those copies on the electronic docket.

(A) Briefs and Appendices During Initial

Consideration.

During initial consideration of a case on the merits, six

(6) paper copies — or three (3) for cases briefed

informally — of each brief and appendix must be

provided to the court within five (5) business days after

the court’s issuance of a notice requesting paper copies.

(B) Petitions for Panel Rehearing.

Three (3) paper copies of any petition for panel rehearing,

related response, or related brief amicus curiae must be

provided to the court within two (2) business days after

the filing of the petition, response, or brief.

(C) En Banc or Combined Petitions.

Thirteen (13) paper copies — or three (3) for

unrepresented parties — of any petition for en banc

hearing, petition for en banc rehearing, combined

petition for panel and en banc rehearing, related

response, or related brief amicus curiae must be provided

to the court within two (2) business days after the filing

of the petition, response, or brief.

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(D) Briefs and Appendices in En Banc Cases.

If the court orders en banc hearing or rehearing, twenty-six (26) paper copies of each brief and appendix filed in

the case prior to the date of the court’s order must be

provided to the court within five (5) business days after

that order. Twenty-six (26) paper copies of each brief and

appendix filed during en banc consideration must be

provided to the court within five (5) business days after

the filing of the document.

(E) Confidential Versions.

If a confidential document is filed in two versions

pursuant to Federal Circuit Rule 25.1, then only paper

copies of the confidential version must be provided to the

court.

(F) Corrected Versions.

If a party has not yet filed paper copies of a document

and that party has electronically filed a corrected version

of that document, then only paper copies of the corrected

version must be provided to the court.

(4) Review and Correction by the Clerk of Court.

The clerk of court may require the filing of a corrected copy of

any submission that fails to comply with the court’s rules or the

Electronic Filing Procedures. If a party fails to file a timely

corrected copy in response to a notice requiring correction from

the clerk of court, the clerk of court may strike the non -

compliant document from the docket. The clerk of court may

also edit docket entries to correct or to add text or attachments,

and any such revision will be identified on the docket.

(d) Format of Documents.

Documents filed electronically and in paper must comply with the

format requirements set forth in the Federal Rules of Appellate

Procedure, the Federal Circuit Rules, and the court’s Electronic Filing

Procedures.

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(e) Service.

(1) Electronic Filings.

A filing does not require proof of service if it is served on all

parties through the court’s electronic filing system. Service of

a filing to a user’s email address registered with the court’s

electronic filing system at the time of the filing constitutes valid

service, even if the user has failed to timely provide an updated

valid email address and the served email address is invalid.

Any nonelectronic filers in the case must be served in paper or

by an alternative method of service permitted by Federal Rule

of Appellate Procedure 25(c); the filing must include proof of

service noting the method of service.

(2) Paper or Physical Filings.

A copy of any original filing submitted to the court in paper

must be served on all other parties in paper. The original must

include proof of service. If a Notice of Physical Filing is filed

pursuant to Federal Circuit Rule 25(c)(1)(B), then a copy of the

physical filing must be served on all other parties and the notice

must include proof of service of the physical filing.

(3) Confidential Material.

Filers cannot serve confidential information through the court’s

electronic filing system. When a document is filed in two

versions pursuant to Federal Circuit Rule 25.1, the filer must

serve all other authorized parties using one of the other service

methods permitted by Federal Rule of Appellate Procedure

25(c).

(4) Consent to Electronic or Alternative Service.

Except for the service of confidential material under Federal

Circuit Rule 25(e)(3), r egistration as an electronic filer

constitutes consent to electronic service of all documents by the

court’s electronic filing system. Parties, including nonelectronic

filers, may consent in writing to electronic service by other

means. Absent such an agreement, Federal Rule of Appellate

Procedure 25(c)(1) applies.

(5) Service of Papers Before Appearance.

Service of a filing on a party for which counsel has not yet

entered an appearance must be made on counsel of record for

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the party in the proceeding below at that counsel’s last known

address, or, if unrepresented, on that party directly.

(f) Private, Confidential, or Sealed Information.

Requirements for filing private, confidential, and sealed material with

the court are detailed in Federal Circuit Rule 25.1.

(g) Signatures.

(1) Electronic Signature.

(A) An electronic signature consists of either (1) the printed

name of the individual preceded by the mark “/s/” entered

on the signature line or (2) an electronic signature from

a commercial provider that complies with the Electronic

Signatures in Global and National Commerce Act

(ESIGN) (15 U.S.C. § 7001). The electronic signature

must appear where the signature would otherwise

appear.

(B) The clerk of court will only accept a document with an

electronic signature when (1) the name of the electronic

signer matches the name on the account used to file the

document in the court’s electronic filing system or (2)

multiple signatures are present pursuant to Federal

Circuit Rule 32(g).

(2) Form of Signature.

Where the rules require a signature on a document filed

electronically, an electronic signature may be used. For

documents filed in paper form, an original, handwritten

signature must be used. An original signature is not required

on paper copies required by Federal Circuit Rule 25(c)(3).

Applications for admission to this court’s bar must always bear

either (A) handwritten signatures or (B) an ESIGN compliant

electronic signature by the applicant and any sponsor.

However, the oath of admission must bear a handwritten

signature.

(3) Retention of Documents.

Documents that are electronically filed and require original

signatures other than that of the filer (such as an affidavit

signed by a person other than the filer) must be maintained in

original form by the filer until the issuance of the mandate with

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no right of appeal or until such later date as the court

prescribes. On request of the court, the filer must provide

original documents for review.

(h) Sanctions for Failure to Comply.

Failure to comply with the court’s rules may result in dismissal of the

appeal or other action as deemed appropriate by the court.

(i) Corrections to Filings.

(1) General.

A document may not be corrected merely by filing or appending

an errata sheet. A party wishing to make non- substantive

corrections to any document currently on file with the clerk of

court must file a Notice of Correction. Substantive corrections

may only be made with leave of the court.

(2) Format.

A corrected document must indicate “corrected” in the title or

on the cover. A new proof of service must be attached to any

corrected filing that is not being served through the court’s

electronic filing system. The “corrected” notation is not

required on a document when changes have been ordered by the

court or the clerk of court.

(3) Notice of Correction.

A Notice of Correction must be filed contemporaneously with

the corrected document and must specifically delineate each

correction. A Notice of Correction is not required for changes to

a document when those changes have been ordered by the court

or the clerk of court.

(4) Required Copies.

If paper copies have already been submitted, an adequate

number of corrected paper copies must be filed.

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