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US · rules

Fed. Cir. IOP 5

RECUSAL

activein force · 2008-11-14 – presentact-effective-date

1. Judges will consult the certificate of interest (Fed. Cir. R. 47.4) in determining

whether a basis for recusal exists.

2. Alternatively, a judge may supply the clerk with a written list of circumstances

which would require the judge’s recusal, including, e.g., names of businesses or

corporations in which the judge or family members have a financial interest, and names of

lawyers or law firms whose appearance or participation as counsel would require the

judge’s recusal. The clerk will compare the list supplied by a judge with the certificates of

interest and names of counsel filed in cases calendared for hearing by a panel on which the

judge sits, and will notify the judge of any potential basis for recusal.

3. A judge who finds recusal necessary or advisable will, as early as possible, notify

the other members of the panel and the chief judge. In preargument/presubmission cases,

the chief judge will name a substitute to serve as though originally a member of the panel.

When a recusal occurs after a case is argued or submitted, the procedures of Fed. Cir. R.

47.11 will be followed.

History

Date: November 14, 2008

Provenance

Source
uscourts.gov
Retrieved
2026-09-18
Edition
2026-09-18
Content hash
e800dacce7024ce57035295fb62660d404e80e55e01007f8d93e904e26479190
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