Rule 1.6

3.1

5.16

1. THE COURT

Complaints of Judicial Misconduct.

3. CUSTOMS, INTERNATIONAL TRADE, COMMERCE, AND AGRICULTURE CASES

Appeal-How Taken.

5. PRACTICE

Attorneys Fees and Expenses.

1. THE COURT

Rule 1.4 Applicability and Waiver of Rules

[See main edition for text of (a)]

(b) Applicability. The rules set forth in part 3 are applicable to appeals from the United States Court of International Trade, the International Trade Commission, the Secretary of Commerce, and the Secretary of Agriculture. The rules set forth in part 4 are applicable to appeals from the Patent and Trademark Office. All other rules are applicable to all appeals filed in this court.

[See main edition for text of (c)] Rule 1.6 Complaints of Judicial Misconduct

Pursuant to the Judicial Councils Reform and Judicial Conduct and Disability Act of 1980, Pub. L. No. 96-458, 94 Stat. 2035 (1980), the Rules for Processing Complaints of Judicial Misconduct are incorporated into these rules and shall be separately printed and made available to the public upon request.

REFERENCES IN TEXT

The Judicial Councils Reform and Judicial Conduct and Disability Act of 1980, Pub. L. No. 96-458, 94 Stat. 2035 (1980), referred to in text, is Pub. L. 96-458, Oct. 15, 1980, 94 Stat. 2035. For complete classification of this Act to the Code, see Short Title of 1980 Amendments note set out under section 1 of Title 28, Judiciary and Judicial Procedure, and Tables.

2. ATTORNEYS AND COUNSELORS

Rule 2.1 Admission to the Bar

(a) Qualification. An attorney who is admitted to practice before the Supreme Court of the United States, the highest court of a state, any United States Court of Appeals, the United States Court of Claims, a United States District Court (including the district courts for Puerto Rico, the Canal Zone, Guam, Northern Mari

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ana Islands, and the Virgin Islands), the United States Court of International Trade, or the District of Columbia Court of Appeals, and who is of good moral and professional character is eligible for admission to the bar of this court.

[See main edition for text of (b) to (e)]

3. CUSTOMS, INTERNATIONAL TRADE, COMMERCE, AND AGRICULTURE CASES Rule 3.1 Appeal-How Taken

Any party dissatisfied with any appealable decision of the United States Court of International Trade, the United States International Trade Commission, the Secretary of Commerce, or the Secretary of Agriculture may have a review of said decision (under 28 USC 2601, 19 USC 1337, Headnote 6 to Schedule 8, Part 4 of the Tariff Schedules of the United States, or 28 USC 1545, respectively) by filing a notice of appeal, in duplicate, in the office of the clerk of this court. A copy of the notice shall be served on the adverse parties and in appeals from the Court of International Trade on the clerk thereof. If a timely notice of appeal is filed by a party, any other party may file a notice of appeal within fourteen days after the date on which the first notice is filed. When the United States is the appellant, a copy shall be served on the attorney of record or on the party pro se; in all other cases, a copy shall be served on the appropriate government officials or their designees. [See Rule 5.1]. In all cases where the United States is not the appellant, such notice of appeal shall be accompanied by the filing fee specified in Rule 5.15.

Rule 3.2 Application for Permission to Appeal

(a) How Filed. The party seeking permission to appeal under 28 USC 1541(b) shall file with the clerk of this court an original and 12 copies of an application which shall include a statement of the facts necessary to an understanding of the controlling question of law determined by the interlocutory order of the United States Court of International Trade or by the order entered by the chief judge of the United States Court of International Trade under 28 USC 256(b), a statement of the issue involved or question presented, and a statement of the reasons why the court should grant the application. The application shall also include or have annexed thereto a copy of the order from

which appeal is sought and of any findings of fact, conclusions of law, or opinion relating thereto. If the appellant is the United States, a copy shall be served on the attorney of record or the party pro se; in all other cases, a copy shall be served on the Attorney General and the Secretary of the Treasury or their designees. [See Rule 5.1]. In all cases where the United States is not the applicant, the application shall be accompanied by the filing fee specified in Rule 5.15.

[See main edition for text of (b) to (d)]
5. PRACTICE

Rule 5.2 Time

[See main edition for text of (a)]

(b) Legal Holidays. The term "legal holiday" as used in these rules means legal holidays in the District of Columbia, which are:

New Year's Day, January 1.

Inauguration Day, every fourth year. Washington's Birthday, third Monday in February.

Memorial Day, last Monday in May.
Independence Day, July 4.

Labor Day, first Monday in September. Columbus Day, second Monday in October. Veterans Day, fourth Monday in October through 1977, then November 11.

Thanksgiving Day, fourth Thursday in No

vember.

Christmas Day, December 25.

Any day designated as a holiday by the President or the Congress.

When a legal holiday falls on Sunday, the next day is a holiday. When a legal holiday falls on Saturday, the preceding day is a holiday.

[See main edition for text of (c) and (d)]

Rule 5.5 Agreed Statement

When the questions presented by an appeal to this court can be determined without an examination of all the pleadings, evidence, and proceedings below, the parties may submit an agreed statement of the case in lieu of the record as required by Rule 3.3(b) and Rule 4.2(a) showing: (1) how the questions arose and were decided in the tribunal from which the appeal is taken; (2) the facts averred and proved or sought to be proved which are essential to a decision of the questions by this court; and (3) a concise statement of the issues to be decided and the points to be relied on by appellant. The statement shall be accompanied by a certified copy of the judgment or ruling appealed from a certified copy of all opinions, if any, in support thereof. If, upon consideration of the agreed statement, the court deems additional papers or things to be necessary to a decision, the court will notify appellant what to provide. It is not necessary that the agreed statement be approved by the lower tribunal. Rule 5.6 is satisfied if the agreed statement alone is included in the printed transcript, absent contrary notice by the court. Under Rule 5.8(a) the agreed statement and any ac

companying papers may be submitted in the form of photocopies. If any party desires to file a brief, Rules 5.8, 5.9 and 5.10 will apply. Rule 5.6 Printing of Transcript

(a) Filing of Transcript-Number of CopiesComposition-Service. Within 60 days after the filing of the record in a customs case or the docketing of a case on appeal from the Patent and Trademark Office, the appellant shall file 25 printed copies of a transcript of record which shall contain: (1) the relevant pleadings; (2) the judgments, orders, or decisions in question; (3) all appealed claims; (4) counts in interference; and (5) any other parts of the record to which the parties wish to direct the particular attention of the court. Appellant shall serve at least 5 copies of the transcript on each of the other parties to the proceeding. If an agreed statement is filed in accordance with Rule 5.5, 25 copies of said statement and accompanying papers shall be filed as provided above.

Where 2 or more parties appeal as in the case of a cross-appeal or a three party interference proceeding and in the absence of an agreement between the parties, the court will designate who, for the purposes of this rule and Rule 5.10(a), shall be regarded as the appellant.

(b) Determination of Contents. The parties are urged to agree on the contents of the transcript. In the absence of an agreement, appellant shall serve on appellee, not later than 10 days after the filing of the record in a customs case or the docketing of an appeal from the Patent and Trademark Office, a designation of the parts of the record which appellant intends to include in the transcript. If appellee believes the parts of the record designated by appellant are not sufficient, appellee shall, within 10 days after service of the designation, serve upon appellant a designation of additional parts to be included in the transcript. Appellant shall include the parts thus designated in the transcript. [See Rules 3.3 and 4.2]. In designating parts of the record for inclusion in the transcript, the parties shall have regard for the fact that the record on file is available to the court and shall not make unnecessary designations. A copy of each designation shall be filed with the court.

(c) Cost of Printing. The cost of producing the transcript shall be paid by the appellant. If appellee shall cause matter to be included in the transcript which appellant considers unnecessary, appellant may move to impose on appel. lee the cost of printing such matter. Said motion shall be filed prior to the oral argument or concurrently with the submission of the case on brief. A statement of costs for such matter shall be submitted to the clerk. The court will act on the motion concurrently with the final decision. In cases where two or more parties appeal and the parties cannot agree on the apportionment of printing costs, the court will ap portion them.

[See main edition for text of (d) to (h)]

Rule 5.8 Appearance of Printed Transcripts, Briefs, Motions, and Other Papers

[See main edition for text of (a) and (b)]

(c) Page Size. The transcript of record and briefs shall have pages 7% by 10% inches with type matter 4% by 7% inches or pages 821⁄2 by 11 inches with type matter 61⁄21⁄2 by 91⁄2 inches.

(d) Motions. Motions and other papers may be printed at the option of a party and, if printed, the form thereof shall be governed by the provisions of subsections (a) and (c) of this rule. (e) Failure to Conform. The clerk may refuse to file any transcript, brief, or other paper which has been printed or bound otherwise than in substantial conformity with this rule. [(f) Redesignated (e)]

Rule 5.9 Briefs-Content

[See main edition for text of (a)]

(b) Appellant's Brief. Appellant's brief shall contain sections headed and arranged in the following order:

[See main edition for text of (1) and (2)]

(3) STATEMENT OF REAL PARTY IN INTEREST. When a nominal party is not a real party in interest, the name of the real party in interest shall be stated. The clerk shall be notified of any change in a real party in interest during the course of the appeal.

(4) STATEMENT OF THE CASE. The statement shall first indicate briefly the nature of the case and its disposition below including the statutory basis for review of the judgment, decree, order, or ruling in question. A statement of background may be included. There shall follow a statement of the facts relevant to the issues presented for review with references to the pages of the transcript of record or the certified record at which such facts appear.

(5) ARGUMENT. The argument should be opened with a concise summary of argument which states clearly and succinctly the points made in the brief. The points stated should then be used as headings in the body of the argument.

(6) CONCLUSION. A precise statement of all relief sought.

(c) Appellee's Brief. Appellee's brief shall conform generally to the requirements of subsection (b)(1-6), except that no statement of the issues or statement of the case shall be included unless appellee disagrees with appellant's statements in which event appellee may include restatements as may be deemed necessary.

(d) Reply Brief. A reply brief must be confined to new matter raised in appellee's brief and shall conform generally to the requirements of subsection (b)(1-6).

(e) Citations. Citations of decisions of this court should include the publications in which the decision appears, including, where available, the volume and page of this court's reports, the Federal Reporter, and the United States Patents Quarterly, e.g., General Instrument Co. v. United States, 59 CCPA 171, C.A.D. 1062, 462 F. 2d 1156 (1972); In re Nelson, 47 CCPA

1031, 280 F. 2d 172, 126 USPQ 242 (1960). Where reference is made in a brief to certain matters included in the transcript of record or the certified record, the page number thereof shall be designated as "(R-)” and “(CR—)", respectively.

[See main edition for text of (f) and (g)]

Rule 5.10 Filing and Service of Briefs

(a) Time To File. Appellant's brief shall be served and filed within 40 days after the date on which the transcript is filed. Appellee's brief shall be served and filed within 30 days after service of appellant's brief. Appellant may serve and file a reply brief within 14 days after service of appellee's brief and not later than 3 days prior to hearing. No further briefs may be filed without leave of court.

[See main edition for text of (b) to (d)] Rule 5.12 Calendaring and Disposition of Cases

[See main edition for text of (a)]

(b) Expedited Hearing. The court may on motion showing good cause or sua sponte advance the date for the hearing of any case and may allow the filing of typewritten briefs in lieu of printed briefs in cases so advanced.

(c) Disposition on Briefs. Whenever the court, sua sponte, or upon agreement of the parties, concludes that a case is of such character as not to require oral argument, it may, after notice to the parties, proceed to disposition of the case without such argument. In such event, opportunity will be given to respond to a reply brief if one has been filed. Notwithstanding an agreement of the parties to waive oral argument, the court may request that the case be argued.

[See main edition for text of (d) to (]

(g) Decisions and Opinions-Publication. All decisions, and opinions accompanying decisions of this court shall be provided to the parties, shall be public records of the court and shall be accessible to the public unless based upon proceedings held in camera or where a motion to seal the record has been granted under Rule 5.13(g). Opinions which do not add significantly or usefully to the body of law or would not have precedential value will not normally be published. Unpublished opinions shall not be cited as precedent and will not be accepted as such by this court except in support of a claim of res judicata, collateral estoppel, or law of the

case.

Rule 5.13 Oral Argument

[See main edition for text of (a) and (b)] (c) Time Allowed for Argument. The court will allow such time for oral argument as shall appear to it to enable a fair presentation of the questions involved. Counsel need not use the full time requested or allowed in any appeal and the court may terminate any argument whenever in its judgment further argument is unnecessary. Unless otherwise provided, the

plete classification of this Act to the Code, see Short Title note set out under section 504 of Title 5, Government Organization and Employees, and Tables.

6. DISPOSITION OF CAUSES

Rule 6.1 Petition for Rehearing

A petition for rehearing may be filed within 21 days from the date of decision. The petition shall comply with the printing and service requirements of Rules 5.8, 5.9 and 5.10. It shall be limited to and state points of law or fact which the petitioner believes the court has overlooked or misapprehended and shall not reargue points already considered by the court. Except by permission of the court, a petition for rehearing shall not exceed 10 pages if produced by standard typographic printing or 15 pages if by any other process. Oral argument on the petition is not permitted. Any opposition to the petition must comply with the printing and service requirements for the petition and be filed within 10 days from date of service of the petition.

Rule 6.2 Mandates

(a) When Issued. Mandates shall issue to the lower tribunal after 21 days from the date of decision. The timely filing of a petition for rehearing or an application for attorneys fees and expenses will stay the mandate until disposition of the petition or application. If the petition for rehearing is denied, the mandate shall issue 7 days after denial of the petition. Upon disposition of an application, the mandate shall promptly issue. A copy of the opinion(s) or order(s) of the court shall accompany the mandate.

[See main edition for text of (b)]

7. EXTRAORDINARY WRITS

Rule 7.1 Writs of Mandamus and Prohibition and Other Extraordinary Writs

(a) Petition for Writ-Service-Filing. Application for a writ shall be made by filing a petition therefor with the clerk, accompanied by the prescribed docketing fee if the case is not already before the court, with proof of service on all parties to the action. The petition shall contain a statement of the facts necessary to an understanding of the issues presented; a statement of the issues presented and of the relief sought; a statement of the reasons why the writ should issue; and copies of any order or opinion or parts of the record which may be essential to an understanding of the matters set forth in the petition. Any brief in support of the petition must be filed concurrently therewith. All parties to an inter partes action in the lower tribunal, other than the petitioner, are deemed party respondents in this court. In all cases, the parties to whom the writ is directed shall be deemed parties respondent in the court.

(b) Response and Reply. Any party, within 20 days after service of the petition, may file a response. Joint responses may be filed. A reply may be filed within 10 days after service of a re

sponse. Replies shall be limited to points newly raised in the response. No further response or reply may be filed. Oral argument will not be granted unless directed by the court.

(c) Form of Papers-Number of Copies. All papers may be typewritten but must comply with Rule 5.14. An original and 12 copies shall be filed.