U.S. Court of Appeals for the Federal Circuit: New Practice Notes Concerning Expedited Appeals

John C. Kruesi, Esq. On November 20, 2014, the Federal Circuit issued New Practice Notes to accompany Rules 4, 15 and 27. Below is the synopsis provided by the Court; PDF version is available here. Should you have any questions regarding New Practice Notes or other rules and procedures of the Federal Circuit Court of Appeals, please feel free to contact me directly.

Following Rule 4: Appeal as of Right – When Taken
EXPEDITED PROCEEDINGS. The overall time for an appeal can be accelerated by the expeditious filing of a notice of appeal shortly after entry of final judgment in the trial forum. When a party is considering seeking expedited proceedings on appeal, the party should consider filing its notice of appeal and initial brief well before the applicable deadline. For further information on expedition procedures, see the Practice Notes to Rule 27.

Following Rule 15: Review or Enforcement of an Agency Order – How Obtained; Intervention
EXPEDITED PROCEEDINGS. The overall time for a review of an agency decision can be accelerated by the expeditious filing of a notice of appeal or petition for review shortly after entry of the reviewable agency order. When the appellant or petitioner for review is considering seeking expedited proceedings on appeal, the party should consider filing its notice of appeal or petition for review and initial brief well before the deadline for such actions. For further information on expedition procedures, see the Practice Notes to Rule 27.

Following Rule 27: Motions
MOTION TO EXPEDITE PROCEEDINGS. While motions to expedite proceedings are not routinely granted, they may be filed in an appropriate case. A motion for expedited proceedings is the procedural vehicle to request the Court to accelerate consideration of an appeal or petition for review, and should be filed immediately upon filing of an appeal or petition for review. Such a motion is appropriate where the normal briefing and disposition schedule may adversely affect one of the parties, such as appeals involving preliminary or permanent injunctions, or government contract bid protests. A motion for expedited proceedings should be styled as an “Emergency Motion.” Unopposed emergency motions should still include a brief review of the grounds for the motion, the specific relief sought by way of a proposed briefing schedule, and the legal argument to support the motion, per Rule 27(a)(4). A motion for expedited proceedings should also include as part of the relief sought a request for an expedited briefing schedule for the motion.

Please contact me with any questions regarding preparing and filing any appeal. Counsel Press provides a full spectrum of appellate services. Our Washington, DC office focuses on rule-compliant appellate filings in the Maryland, DC and Virginia state and district courts, as well as the D.C. Court of Appeals, 4th Circuit Court of Appeals and Federal Circuit Court of Appeals. We offer unparalleled in-depth expertise nationwide in all state & federal courts through our local offices.

Tagged: Appellate Practice, Appellate Procedure, United States Court of Appeals for the Federal Circuit, Litigation


 
 

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