student, nor shall it prevent these entities from making such charges for its services as may otherwise be proper. (6) Eligible Law Student Appearance on Briefs. An eligible law student appearing pursuant to this rule may appear on a brief, provided the supervising attorney also appears on the brief. (7) Eligible Law Student Participation in Oral Argument. An eligible law student may participate in oral argument with leave of court, but only in the presence of the supervising attorney, who shall introduce the eligible law student at argument and be prepared to supplement any written or oral statement that has been made by the eligible law student to this court or opposing counsel. Any motion filed under this subsection shall be filed no later than seven (7) days following the end of briefing and will be deferred to the merits panel. If leave is sought for an eligible law student to participate in oral argument, the supervising attorney may include the eligible law student’s scheduling conflicts when filing their response under Federal Circuit Rule 34(d)(2). (8) Exceptions. This court retains the authority to establish exceptions to these requirements in any individual case. PRACTICE NOTES TO RULE 46 Form for Written Motion for Admission. Using Federal Circuit Form 21 satisfies the requirements for a written motion for admission under Federal Circuit Rule 46(b)(2) and (3). Forms for Eligible Law Student Practice. Using Federal Circuit Forms 35 and 36 satisfies the relevant requirements under Federal Circuit Rule 46(g). Federal Circuit Form 36 constitutes the eligible law student’s entry of appearance. Federal Circuit Rules of Practice (December 1, 2025) Page 193 (Return to Table of Contents) FEDERAL RULE OF APPELLATE PROCEDURE 47 Local Rules by Courts of Appeals (a) Local Rules. (1) Each court of appeals acting by a majority of its judges in regular active service may, after giving appropriate public notice and opportunity for comment, make and amend rules governing its practice. A generally applicable direction to parties or lawyers regarding practice before a court must be in a local rule rather than an internal operating procedure or standing order. A local rule must be consistent with — but not duplicative of — Acts of Congress and rules adopted under 28 U.S.C. §2072 and must conform to any uniform numbering system prescribed by the Judicial Conference of the United States. Each circuit clerk must send the Administrative Office of the United States Courts a copy of each local rule and internal operating procedure when it is promulgated or amended. (2) A local rule imposing a requirement of form must not be enforced in a manner that causes a party to lose rights because of a nonwillful failure to comply with the requirement. (b) Procedure When There Is No Controlling Law. A court of appeals may regulate practice in a particular case in any manner consistent with federal law, these rules, and local rules of the circuit. No sanction or other disadvantage may be imposed for noncompliance with any requirement not in federal law, federal rules, or the local circuit rules unless the alleged violator has been furnished in the particular case with actual notice of the requirement. Federal Circuit Rules of Practice (December 1, 2025) Page 194 (Return to Table of Contents)
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