(b) Type-Volume Limitation

(1) The appellant's principal brief or the appellant's response and reply brief is acceptable if it meets one of the following: (A) (B) it contains no more than 14,000 words; or it uses a monospaced face and contains no more than 1,300 lines of text. (2) The appellee's principal and response brief is acceptable if it meets one of the following: (A) (B) it contains no more than 16,500 words; or it uses a monospaced face and contains no more than 1,500 lines of text. (3) The appellee's reply brief is acceptable if it meets one of the following: (A) (B) it contains no more than 7,000 words; or it uses a monospaced face and contains no more than 650 lines of text. (c) Certificate of Compliance. A brief submitted under this rule must comply with Federal Circuit Rule 32(b)(3). (d) Brief Contents. Appellant’s principal brief must comply with Federal Circuit Rule 28(a). Appellee’s principal and response brief must comply with Federal Circuit Rule 28(a), and (b) to the extent that it refers to the statement of the case. Appellee’s principal and response brief must also include the addendum under Federal Circuit Rule 28(c)(1) to the extent that the materials differ from those produced in the appellant’s principal brief. Appellant’s response and reply brief must comply with Federal Circuit Rule 28(b). Federal Circuit Rules of Practice (December 1, 2025) Page 115 (Return to Table of Contents) PRACTICE NOTES TO RULE 28.1 Cross-Appeals. A party may file a cross-appeal only when it seeks to modify or overturn the judgment of a trial tribunal. Although a party may present additional arguments in support of the judgment as an appellee, counsel are cautioned against improperly designating an appeal as a cross-appeal when they merely present arguments in support of the judgment. See Bailey v. Dart Container Corp., 292 F.3d 1360 (Fed. Cir. 2002). Further, counsel are cautioned, in cases involving a proper cross-appeal, that the fourth brief must be limited to the issues presented by the cross-appeal. In the third brief, moreover, the reply argument on the appeal issues should not exceed the length that would be permitted if there were no cross-appeal. In all cases, counsel should be prepared to defend the filing of a cross- appeal and the propriety of arguments presented in the fourth brief at oral argument. See Aventis Pharma S.A. v. Hospira, Inc., 637 F.3d 1341 (Fed. Cir. 2011). Time to Serve and File a Brief. Please refer to Federal Circuit Rule 31(a) for brief due dates when there is a cross-appeal. Clarification to Federal Rule of Appellate Procedure 28.1(c)(4). Where the term “appellee” is used, it refers to the “cross-appellant.” Federal Circuit Rules of Practice (December 1, 2025) Page 116 (Return to Table of Contents) FEDERAL RULE OF APPELLATE PROCEDURE 29 Brief of an Amicus Curiae* (a) During Initial Consideration of a Case on the Merits. (1) Applicability. This Rule 29(a) governs amicus filings during a court’s initial consideration of a case on the merits. (2) When Permitted. The United States or its officer or agency or a state may file an amicus brief without the consent of the parties or leave of court. Any other amicus curiae may file a brief only by leave of court or if the brief states that all parties have consented to its filing, but a court of appeals may prohibit the filing of or may strike an amicus brief that would result in a judge’s disqualification. (3) Motion for Leave to File. The motion must be accompanied by the proposed brief and state: (A) (B) the movant’s interest; and the reason why an amicus brief is desirable and why the matters asserted are relevant to the disposition of the case. (4) Contents and Form. An amicus brief must comply with Rule 32. In addition to the requirements of Rule 32, the cover must identify the party or parties supported and indicate whether the brief supports affirmance or reversal. An amicus brief need not comply with Rule 28, but must include the following: (A) if the amicus curiae is a corporation, a disclosure statement like that required of parties by Rule 26.1; (B) a table of contents, with page references; *See Fed. Cir. R. 21(e) for additional requirements concerning amicus briefs filed during consideration of a petition for writ of mandamus or prohibition. Federal Circuit Rules of Practice (December 1, 2025) Page 117 FEDERAL RULE OF APPELLATE PROCEDURE 29 (Return to Table of Contents) (C) (D) a table of authorities — cases (alphabetically arranged), statutes, and other authorities — with references to the pages of the brief where they are cited; a concise statement of the identity of the amicus curiae, its interest in the case, and the source of its authority to file; (E) unless the amicus curiae is one listed in the first sentence of Rule 29(a)(2), a statement that indicates whether: (i) (ii) (iii) a party’s counsel authored the brief in whole or in part; a party or a party’s counsel contributed money that was intended to fund preparing or submitting the brief; and a person — other than the amicus curiae, its members, or its counsel — contributed money that was intended to fund preparing or submitting the brief and, if so, identifies each such person; (F) an argument, which may be preceded by a summary and which need not include a statement of the applicable standard of review; and (G) a certificate of compliance under Rule 32(g)(1), if length is computed using a word or line limit.* (5) Length. Except by the court’s permission, an amicus brief may be no more than one-half the maximum length authorized by these rules for a party’s principal brief. If the court grants a party permission to file a longer brief, that extension does not affect the length of an amicus brief.† †Fed. Cir. R. 29(a) restates this court’s requirement for a certificate of interest in lieu of the disclosure statement listed under Fed. R. App. P. 29(a)(4)(A). Fed. Cir. R. 29(b) references this court’s local certificate of compliance requirement in place of the certificate under Fed. Cir. R. 29(a)(4)(G), due to the court’s different type-volume limitation for principal briefs from the limitation in the Federal Rules of Appellate Procedure. †Fed. Cir. R. 32(b)(1) sets a different type-volume limitation than that required by the Federal Rules (continued on the next page) Federal Circuit Rules of Practice (December 1, 2025) Page 118 (Return to Table of Contents) FEDERAL RULE OF APPELLATE PROCEDURE 29 (6) Time for Filing. An amicus curiae must file its brief, accompanied by a motion for filing when necessary, no later than 7 days after the principal brief of the party being supported is filed. An amicus curiae that does not support either party must file its brief no later than 7 days after the appellant’s or petitioner’s principal brief is filed. A court may grant leave for later filing, specifying the time within which an opposing party may answer. (7) Reply Brief. Except by the court’s permission, an amicus curiae may not file a reply brief. (8) Oral Argument. An amicus curiae may participate in oral argument only with the court’s permission. (b) During Consideration of Whether to Grant Rehearing. (1) Applicability. This Rule 29(b) governs amicus filings during a court’s consideration of whether to grant panel rehearing or rehearing en banc, unless a local rule or order in a case provides otherwise.* (2) When Permitted. The United States or its officer or agency or a state may file an amicus brief without the consent of the parties or leave of court. Any other amicus curiae may file a brief only by leave of court.† (3) Motion for Leave to File. Rule 29(a)(3) applies to a motion for leave. of Appellate Procedure. The court therefore requires that an amicus brief not exceed one-half the authorized maximum of the local requirement. See Fed. Cir. R. 29(b). *See Fed. Cir. R. 40(i) for the court’s local rules concerning amicus briefs during consideration on whether to grant panel rehearing, rehearing en banc, or hearing en banc. †All prospective amici curiae, including the federal government, must file a motion for leave to file during the court’s consideration of rehearing and en banc petitions. See Fed. Cir. R. 40(i)(1). Federal Circuit Rules of Practice (December 1, 2025) Page 119 (Return to Table of Contents) FEDERAL RULE OF APPELLATE PROCEDURE 29 (4) Contents, Form, and Length. Rule 29(a)(4) applies to the amicus brief. The brief must not exceed 2,600 words. (5) Time for Filing. An amicus curiae supporting the petition for rehearing or supporting neither party must file its brief, accompanied by a motion for filing when necessary, no later than 7 days after the petition is filed. An amicus curiae opposing the petition must file its brief, accompanied by a motion for filing when necessary, no later than the date set by the court for the response.*