Docketing the Appeal

(a) Notice of Docketing. The clerk of court must notify all parties of the date the appeal is docketed, the assigned appeal number, and the short case name. (b) Official Caption. The clerk of court must provide the parties with the official caption for the case at the time of docketing. Any objection to the official caption must be made promptly. *See the Practice Notes to Rule 12 (Representation Statement) for information concerning how to satisfy this requirement. Federal Circuit Rules of Practice (December 1, 2025) Page 35 (Return to Table of Contents) PRACTICE NOTES TO RULE 12 Filing and Docketing an Appeal. An appeal is filed when the notice of appeal is received by the trial court. An appeal sent to this court by the trial court clerk of court is docketed when it is listed on the docket and assigned a docket number. Representation Statement. The requirements of Federal Rule of Appellate Procedure 12(b) are met by filing the entry of appearance required under Federal Circuit Rule 47.3. If the attorney who filed the notice of appeal will not be representing any parties on appeal, the court will not require that attorney to file an entry of appearance or representation statement. Trial Court Intervenors. Parties permitted to intervene in the trial court as plaintiffs or defendants will usually be identified only as plaintiff or defendant on the official caption to avoid confusion with any third party permitted to intervene in the appeal. Transferred Appeal. An appeal transferred from another court will be given a new docket number and may be consolidated by the clerk of court with any previously docketed appeal from the same judgment or order. Participation by Appellees. It is the court’s usual practice to include in the official caption all parties participating in the court below at the time of entry of judgment, even if they are not participating in the appeal. Parties included in the trial court title that have an adverse interest to the appellant but that are not cross-appealing will be deemed appellees. An appellee desiring not to file a brief or join in another party’s brief should promptly notify the clerk of court. The clerk of court will remove the party’s designation as an appellee from the official caption. Consolidation. An appeal in a case that was consolidated in the trial court will be docketed under the title used for the consolidated case. When more than one party appeals from the same trial court case, the appeals or cross- appeals will usually be consolidated by the clerk of court. Other appeals may be consolidated on motion or by the court sua sponte. Federal Circuit Rules of Practice (December 1, 2025) Page 36 (Return to Table of Contents) FEDERAL RULE OF APPELLATE PROCEDURE 12.1 Remand After an Indicative Ruling by the District Court on a Motion for Relief That Is Barred by a Pending Appeal (a) Notice to the Court of Appeals. If a timely motion is made in the district court for relief that it lacks authority to grant because of an appeal that has been docketed and is pending, the movant must promptly notify the circuit clerk if the district court states either that it would grant the motion or that the motion raises a substantial issue. (b) Remand After an Indicative Ruling. If the district court states that it would grant the motion or that the motion raises a substantial issue, the court of appeals may remand for further proceedings but retains jurisdiction unless it expressly dismisses the appeal. If the court of appeals remands but retains jurisdiction, the parties must promptly notify the circuit clerk when the district court has decided the motion on remand. Federal Circuit Rules of Practice (December 1, 2025) Page 37 TITLE III — APPEALS FROM THE UNITED STATES TAX COURT (Return to Table of Contents) FEDERAL RULE OF APPELLATE PROCEDURE 13 Review of a Decision of the Tax Court [OMITTED] FEDERAL RULE OF APPELLATE PROCEDURE 14 Applicability of Other Rules to the Review of a Tax Court Decision [OMITTED] Federal Circuit Rules of Practice (December 1, 2025) Page 38 TITLE IV — REVIEW OR ENFORCEMENT OF AN ORDER OF AN ADMINISTRATIVE AGENCY, BOARD, COMMISSION, OR OFFICER (Return to Table of Contents) FEDERAL RULE OF APPELLATE PROCEDURE 15 Review or Enforcement of an Agency Order (a) Petition for Review; Joint Petition. (1) Review of an agency order is commenced by filing, within the time prescribed by law, a petition for review with the clerk of a court of appeals authorized to review the agency order. If their interests make joinder practicable, two or more persons may join in a petition to the same court to review the same order. (2) The petition must: (A) (B) name each party seeking review either in the caption or the body of the petition — using such terms as “et al.,” “petitioners,” or “respondents” does not effectively name the parties; name the agency as a respondent (even though not named in the petition, the United States is a respondent if required by statute); and (C) specify the order or part thereof to be reviewed.* (3) (4) Form 3 in the Appendix of Forms is a suggested form of a petition for review.† In this rule “agency” includes an agency, board, commission, or officer; “petition for review” includes a petition to enjoin, suspend, modify, or otherwise review, or a notice of appeal, whichever form is indicated by the applicable statute. *The petition must also include contact information for the counsel or unrepresented party filing the petition. See Fed. Cir. R. 15(a)(3). A petition from an arbitrator’s decision must include contact information for the arbitrator as well. See Fed. Cir. R. 15(d). †Federal Circuit Form 5 is available for a petition for review to this court. Federal Circuit Rules of Practice (December 1, 2025) Page 39 (Return to Table of Contents) FEDERAL RULE OF APPELLATE PROCEDURE 15 (b) Application or Cross-Application to Enforce an Order; Answer; Default. (1) An application to enforce an agency order must be filed with the clerk of a court of appeals authorized to enforce the order. If a petition is filed to review an agency order that the court may enforce, a party opposing the petition may file a cross- application for enforcement. (2) Within 21 days after the application for enforcement is filed, the respondent must serve on the applicant an answer to the application and file it with the clerk. If the respondent fails to answer in time, the court will enter judgment for the relief requested. (3) The application must contain a concise statement of the proceedings in which the order was entered, the facts upon which venue is based, and the relief requested. (c) Service of the Petition or Application. The circuit clerk must serve a copy of the petition for review, or an application or cross-application to enforce an agency order, on each respondent as prescribed by Rule 3(d), unless a different manner of service is prescribed by statute. At the time of filing, the petitioner must: (1) (2) (3) serve, or have served, a copy on each party admitted to for the participate respondents; in the agency proceedings, except file with the clerk a list of those so served; and give the clerk enough copies of the petition or application to serve each respondent. (d) Intervention. Unless a statute provides another method, a person who wants to intervene in a proceeding under this rule must file a motion for leave to intervene with the circuit clerk and serve a copy on all parties. The motion — or other notice of intervention authorized by statute — must be filed within 30 days after the petition for review is filed and must contain a concise statement of the interest of the moving party and the grounds for intervention. Federal Circuit Rules of Practice (December 1, 2025) Page 40 (Return to Table of Contents) FEDERAL RULE OF APPELLATE PROCEDURE 15 (e) Payment of Fees. When filing any separate or joint petition for review in a court of appeals, the petitioner must pay the circuit clerk all required fees.