CAFC Says Don't Repeat Arguments in Reply Briefs, Include TOC in Appendices

The U.S. Court of Appeals for the Federal Circuit on Sept. 4 proposed amendments on its rules of practice, which, if adopted, would take effect Dec. 1. Comments on the rule changes are due on or before Oct. 4, the court said.

The amendments change governance on panel rehearings and rehearings en banc, putting them all under Rule 40. The change incorporates into one rule "all procedural requirements for petitions for panel rehearings, petitions for hearing or rehearing en banc, and combined petitions for panel rehearing and rehearing en banc," the court said. No substantive changes were made to the rule.

Regarding reply briefs, the court would add a note saying that it "prefers that reply briefs respond to the response brief rather than repeating what is in the principal brief." The court added that it prefers reply briefs that don't use the "full word length when not necessary."

The amendments would also require submitting parties to include a table of contents in appendix submissions. The new Rule 30 says that the table of contents must include information showing how the document was designated in the reviewed tribunal and "if applicable, the corresponding exhibit number or letter." If the materials didn't have an identifying designation, the party must include a "brief explanation why that is so."