(d) Service of Order Denying Petition

If the petition is denied, the petitioner must serve a copy of the order denying the petition on all persons served with the petition unless such a person has entered an appearance in the proceeding or has been sent a copy of the order by the clerk of court. (e) Amicus Curiae Brief. An amicus curiae brief supporting a petition must be accompanied by a motion for leave to file and be filed no later than four (4) days after the petition is docketed. An amicus curiae brief in opposition to a petition must be accompanied by a motion for leave and be filed no later than the date the court directs for parties to respond to the petition. The court may act on the petition before leave is sought, and thus the filing of a brief and a motion for leave should be expedited if appropriate. Federal Rules of Appellate Procedure 29(a)(3) and 29(a)(4) apply to the motion and brief, except that the brief may not exceed 3,900 words if prepared electronically or fifteen (15) pages otherwise. (f) Petition for Panel Rehearing or Rehearing En Banc. Federal Rule of Appellate Procedure 40 and Federal Circuit Rule 40 apply to any petition for panel rehearing, petition for hearing or rehearing en banc, or a combined petition for panel rehearing and rehearing en banc. Federal Circuit Rules of Practice (December 1, 2025) Page 60 TITLE VI — HABEAS CORPUS; PROCEEDINGS IN FORMA PAUPERIS (Return to Table of Contents) FEDERAL RULE OF APPELLATE PROCEDURE 22 Habeas Corpus and Section 2255 Proceedings [OMITTED] FEDERAL RULE OF APPELLATE PROCEDURE 23 Custody or Release of a Prisoner in a Habeas Corpus Proceeding [OMITTED] FEDERAL RULE OF APPELLATE PROCEDURE 24 Proceeding in Forma Pauperis (a) Leave to Proceed in Forma Pauperis. (1) Motion in the District Court. Except as stated in Rule 24(a)(3), a party to a district-court action who desires to appeal in forma pauperis must file a motion in the district court. The party must attach an affidavit that: (A) (B) (C) shows in the detail prescribed by Form 4 of the Appendix of Forms the party’s inability to pay or to give security for fees and costs;* claims an entitlement to redress; and states the issues that the party intends to present on appeal. (2) Action on the Motion. If the district court grants the motion, the party may proceed on appeal without prepaying or giving security for fees and * Federal Circuit Form 6 is this court’s version of Form 4. Federal Circuit Rules of Practice (December 1, 2025) Page 61 (Return to Table of Contents) FEDERAL RULE OF APPELLATE PROCEDURE 24 costs, unless a statute provides otherwise. If the district court denies the motion, it must state its reasons in writing. (3) Prior Approval. A party who was permitted to proceed in forma pauperis in the district-court action, or who was determined to be financially unable to obtain an adequate defense in a criminal case, may proceed on appeal further authorization, unless: forma pauperis without in (A) the district court — before or after the notice of appeal is filed — certifies that the appeal is not taken in good faith or finds that the party is not otherwise entitled to proceed in forma pauperis and states in writing its reasons for the certification or finding; or (B) a statute provides otherwise. (4) Notice of District Court’s Denial. The district clerk must immediately notify the parties and the court of appeals when the district court does any of the following: (A) (B) (C) denies a motion to proceed on appeal in forma pauperis; certifies that the appeal is not taken in good faith; or finds that the party is not otherwise entitled to proceed in forma pauperis. (5) Motion in the Court of Appeals. A party may file a motion to proceed on appeal in forma pauperis in the court of appeals within 30 days after service of the notice prescribed in Rule 24(a)(4). The motion must include a copy of the affidavit filed in the district court and the district court’s statement of reasons for its action. If no affidavit was filed in the district court, the party must include the affidavit prescribed by Rule 24(a)(1). (b) Leave to Proceed in Forma Pauperis on Appeal from the United States Tax Court or on Appeal or Review of an Administrative Agency Proceeding. A party may file in the court of appeals a motion for leave to proceed on appeal in forma pauperis with an affidavit prescribed by Rule 24(a)(1): Federal Circuit Rules of Practice (December 1, 2025) Page 62 (Return to Table of Contents) FEDERAL RULE OF APPELLATE PROCEDURE 24 (1) in an appeal from the United States Tax Court; and (2) when an appeal or review of a proceeding before an administrative agency, board, commission, or officer proceeds directly in the court of appeals. (c) Leave to Use Original Record. A party allowed to proceed on appeal in forma pauperis may request that the appeal be heard on the original record without reproducing any part.