Costs

(a) Notice of Entitlement to Costs. When the clerk of court provides notice of judgment or order disposing of an appeal, the clerk of court must advise which party or parties are entitled to costs. Notice of entitlement to costs may be made in the judgment, in the order disposing of the appeal, or on the docket. (b) Bill of Costs; Objection. A party must file the bill of costs on the form prescribed by the court. An objection to the bill of costs must not exceed 1,300 words if prepared using a computer or five (5) pages otherwise. Any objection must include a certificate of compliance that adheres to Federal Rule of Appellate Procedure 32(g)(1). (c) Rates. The clerk of court is authorized to set a maximum rate at which costs may be taxed. In setting the maximum rate, the clerk of court will evaluate the most economical means of printing, reproduction, and binding available in the Washington, D.C. metropolitan area. The maximum rates set will be posted on the court’s website and included as an attachment to the court’s published Federal Rules of Practice and Bill of Costs form. Costs are taxed at the maximum rate or at the actual cost, whichever is lower. Costs may not be taxed for more paper copies than those required by Federal Circuit Rules 25(c)(3), 30(a)(3), and 31(b). (d) Taxable Costs. A motion for leave providing specific explanation and justification must accompany the bill of costs if costs for items not described in Federal Rule Appellate Procedure 39(e) are sought or if costs are sought at a rate higher than the allowable costs. (e) Costs in Favor of Intervenors. No costs will be taxed in favor of intervenors without leave of the court. Federal Circuit Rules of Practice (December 1, 2025) Page 166 (Return to Table of Contents) PRACTICE NOTES TO RULE 39 Costs When the United States Is a Party. 28 U.S.C. § 2412(a) authorizes costs to be taxed against the United States; thus, costs (as defined in 28 U.S.C. § 1920) may be awarded both for and against the United States in this court. Allowable Costs. The costs of correcting a nonconforming brief or appendix are not taxable. Counsel are urged to stipulate to costs. Payment of Costs Taxed. Pay the party or parties in whose favor costs are taxed by submitting payment to counsel for the party or to the party if the party is unrepresented. The court is not involved in collection matters. Costs in a Case Involving a Claim Under the Uniformed Services Employment and Reemployment Rights Act of 1994. No costs are taxed if the underlying appeal involved a claim under the Uniformed Services Employment and Reemployment Rights Act of 1994 (USERRA). 38 U.S.C. §§ 4323, 4324. The petitioner must complete Federal Circuit Form 6B to inform the court that the case involves a claim under USERRA. Form for Bill of Costs. Using Federal Circuit Form 24 satisfies the Bill of Costs form requirements under Federal Circuit Rule 39(b). Federal Circuit Rules of Practice (December 1, 2025) Page 167 (Return to Table of Contents) FEDERAL RULE OF APPELLATE PROCEDURE 40 Panel Rehearing; En Banc Determination (a) A Party’s Options. A party may seek rehearing of a decision through a petition for panel rehearing, a petition for rehearing en banc, or both. Unless a local rule provides otherwise, a party seeking both forms of rehearing must file the petitions as a single document. Panel rehearing is the ordinary means of reconsidering a panel decision; rehearing en banc is not favored. (b) Content of a Petition. (1) Petition for Panel Rehearing. A petition for panel rehearing must: (A) state with particularity each point of law or fact that the petitioner believes the court has overlooked or misapprehended; and (B) argue in support of the petition. (2) Petition for Rehearing En Banc. A petition for rehearing en banc must begin with a statement that: (A) the panel decision conflicts with a decision of the court to which the petition is addressed (with citation to the conflicting case or cases) and the full court’s consideration is therefore necessary to secure or maintain uniformity of the court’s decisions; (B) (C) (D) the panel decision conflicts with a decision of the United States Supreme Court (with citation to the conflicting case or cases); the panel decision conflicts with an authoritative decision of another United States court of appeals (with citation to the conflicting case or cases); or the proceeding involves one or more questions of exceptional importance, each concisely stated. (c) When Rehearing En Banc May Be Ordered. On their own or in response to a party’s petition, a majority of the circuit judges who are in regular active service and who are not Federal Circuit Rules of Practice (December 1, 2025) Page 168 (Return to Table of Contents) FEDERAL RULE OF APPELLATE PROCEDURE 40 disqualified may order that an appeal or other proceeding be reheard en banc. Unless a judge calls for a vote, a vote need not be taken to determine whether the case will be so reheard. Rehearing en banc is not favored and ordinarily will be allowed only if one of the criteria in Rule 40(b)(2)(A)-(D) is met. (d) Time to File; Form; Length; Response; Oral Argument. (1) Time. Unless the time is shortened or extended by order or local rule, any petition for panel rehearing or rehearing en banc must be filed within 14 days after judgment is entered—or, if the panel later amends its decision (on rehearing or otherwise), within 14 days after the amended decision is entered.* But in a civil case, unless an order shortens or extends the time, the petition may be filed by any party within 45 days after entry of judgment or of an amended decision if one of the parties is: (A) (B) (C) a United States officer or employee sued in an official capacity; or a United States agency; the United States (D) a current or former United States officer or employee sued in an individual capacity for an act or omission occurring in connection with duties performed on the United States’ behalf— including all instances in which the United States represents that person when the court of appeals’ judgment is entered or files that person’s petition. (2) Form of the Petition. The petition must comply in form with Rule 32. Copies must be filed and served as Rule 31 prescribes, except that the number of filed copies may be prescribed by local rule or altered by order in a particular case.† * This court has extended the time to file a petition for rehearing in cases not involving the federal government from 14 days to 30 days. See Fed. Cir. R. 40(f)(1). † This court’s paper copy requirements for paper copies can be found under Fed. Cir. R. 25(c)(3), as cross-referenced in Fed. Cir. R. 40(g) and Fed. Cir. R. 40(e)(1)-(2). Federal Circuit Rules of Practice (December 1, 2025) Page 169 FEDERAL RULE OF APPELLATE PROCEDURE 40 (3) Length. (Return to Table of Contents) Unless the court or a local rule allows otherwise, the petition (or a single document containing a petition for panel rehearing and a petition for rehearing en banc) must not exceed: (A) (B) (4) Response. 3,900 words if produced using a computer; or 15 pages if handwritten or typewritten. Unless the court so requests, no response to the petition is permitted. Ordinarily, the petition will not be granted without such a request. If a response is requested, the requirements of Rule 40(d)(2)-(3) apply to the response.* (5) Oral Argument. Oral argument on whether to grant the petition is not permitted. (e) If a Petition Is Granted. If a petition for panel rehearing or rehearing en banc is granted, the court may: (1) (2) (3) dispose of the case without further briefing or argument; order additional briefing or argument; or issue any other appropriate order. (f) Panel’s Authority After a Petition for Rehearing En Banc. The filing of a petition for rehearing en banc does not limit the panel’s authority to take action described in Rule 40(e). (g) Initial Hearing En Banc. On its own or in response to a party’s petition, a court may hear an appeal or other proceeding initially en banc. A party’s petition must be filed no later than the date when its principal brief is due. The provisions of Rule 40(b)(2), (c), and (d)(2)-(5) apply to an initial hearing en banc. But initial hearing en banc is not favored and ordinarily will not be ordered. * Any ordered response must adhere to Fed. Cir. R. 40(e). Federal Circuit Rules of Practice (December 1, 2025) Page 170 (Return to Table of Contents)