(c) Electronic Service of Documents.

U.S. Court of Appeals for the Federal Circuit

Rule Set: Local Rules of the U.S. Court of Appeals for the Federal Circuit

Rule: 26

Jurisdiction: CAFC

Bluebook Citation: Fed. Cir. R. 26

Three (3) additional days are not added to the time to file a responsive document, when the original document was served through the court’s electronic filing system. The court considers service through the court’s electronic filing system to be completed on the date and time reflected on the Notice of Docket Activity. PRACTICE NOTES TO RULE 26 Opposition to Extension. If a party opposes a motion for extension of time, that party should file its response promptly.

The court will not necessarily wait for an opposition before ruling on a motion. Benefit of Timely Extension Request. Unless the court has previously ordered that there will be no further extensions, an appeal will not be dismissed for failure to file appellant’s brief if appellant’s motion to extend the time for filing was filed and served at least seven (7) days before the due date for the brief, but the motion has not been acted on by the due date. Extension During Settlement Negotiations.

Parties jointly stipulating that they are actively pursuing settlement of the case will be granted a reasonable extension of time to accomplish settlement. Deadlines for Documents Submitted by Mail. Because of occasional delays with some mail transmitted by the United States Postal Service due to screening or other issues, if a document must be received by the court on a particular date, then a paper filer might consider using an alternative method of delivering the document to the court, such as a commercial carrier or hand- delivery. The court cannot waive the deadlines for filing a notice of appeal or petition for review, even if the document was deposited in the mail in a timely fashion.

Federal Circuit Rules of Practice (December 1, 2025) (Return to Table of Contents) FEDERAL RULE OF APPELLATE PROCEDURE 26.1 Disclosure Statement* (a) Nongovernmental Corporations. Any nongovernmental corporation that is a party to a proceeding in a court of appeals must file a statement that identifies any parent corporation and any publicly held corporation that owns 10% or more of its stock or states that there is no such corporation. The same requirement applies to a nongovernmental corporation that seeks to intervene. (b) Organizational Victims in Criminal Cases.

In a criminal case, unless the government shows good cause, it must file a statement that identifies any organizational victim of the alleged criminal activity. If the organizational victim is a corporation, the statement must also disclose the information required by Rule 26.1(a) to the extent it can be obtained through due diligence. (c) Bankruptcy Cases. In a bankruptcy case, the debtor, the trustee, or, if neither is a party, the appellant must file a statement that: (1) (2) identifies each debtor not named in the caption; and for each debtor that is a corporation, discloses the information required by Rule 26.1(a).

(d) Time for Filing; Supplemental Filing. The Rule 26.1 statement must: (1) (2) be filed with the principal brief or upon filing a motion, response, petition, or answer in the court of appeals, whichever occurs first, unless a local rule requires earlier filing; be included before the table of contents in the principal brief; and *The Disclosure Statement requirements of Fed. R. App. P. 26.1 are incorporated into and supplanted by this court’s Certificate of Interest requirements in Fed. Cir.

R. 47.4.

See Fed. Cir.

R. 26.1.

The court does not require the Certificate of Interest or Disclosure Statement from unrepresented parties or the federal government except in limited circumstances. See Fed. Cir.

R. 47.4(b).

The court also does not require any paper copies of the Certificate of Interest by itself. See Fed. Cir.

R. 25(c)(3).

Federal Circuit Rules of Practice (December 1, 2025) (Return to Table of Contents) FEDERAL RULE OF APPELLATE PROCEDURE 26.1 (3) be supplemented whenever the information required under Rule 26.1 changes. (e) Number of Copies. If the Rule 26.1 statement is filed before the principal brief, or if a supplemental statement is filed, an original and 3 copies must be filed unless the court requires a different number by local rule or by order in a particular case.

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