Certificate of Interest
U.S. Court of Appeals for the Federal Circuit
U.S. Court of Appeals for the Federal Circuit
(a) Purpose; Contents. A certificate of interest is required to determine whether recusal by a judge is necessary or appropriate. The certificate must contain the information below in the order listed. For purposes of subsections (1)- (4) below, “entity” refers to any party, intervenor, amicus curiae, or movant represented in the case by the counsel filing the certificate of interest.
Negative responses, if applicable, are required as to each item. (1) (2) (3) The full name of every entity represented in the case by the counsel filing the certificate. For each entity, the name of every real party in interest, if that entity is not the real party in interest. For each entity, that entity’s parent corporation(s) and every publicly held corporation that owns ten percent (10%) or more of its stock.
This satisfies the disclosure statement requirement of Federal Rule of Appellate Procedure 26.1(a). (4) The names of all law firms, partners, and associates that have not entered an appearance in the appeal, and (A) (B) appeared for the entity in the lower tribunal; or are expected to appear for the entity in this court. (5) An indication as to whether there are any related or prior cases, other than the originating case number(s), that meet the criteria under Federal Circuit Rule 47.5. (6) All information required by Federal Rule of Appellate Procedure 26.1(b) and (c) that identifies organizational victims in criminal cases and debtors and trustees in bankruptcy cases.
(b) Filing. Each party, intervenor, amicus curiae, or movant must file a certificate of interest. The certificate must be filed contemporaneously with the first-filed entry of appearance. However, the United States, or its officers or agencies, and unrepresented individuals are exempt from filing a certificate of interest unless disclosing information under Federal Circuit Rule 47.4(a)(6) in compliance with Federal Rule of Appellate Procedure 26.1(b).
The certificate must also be included Federal Circuit Rules of Practice (December 1, 2025) (Return to Table of Contents)
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