(d) Access of Parties and Counsel to Original Record.

(1) Material Not Subject to a Protective Order; Inspection and Copying. When a petition for review or notice of appeal is filed, the agency must permit a party or counsel for a party to inspect and copy the nonconfidential original papers, transcripts, and exhibits to prepare the appendix. This inspection and copying is subject to reasonable regulation by the agency. (2) Material Subject to a Protective Order; Inspection and Copying.

A party or counsel for a party must be permitted to inspect and copy material contained in the record governed by a protective order of an agency in accordance with that order. If this court modifies or annuls the protective order, the access of a party or counsel is governed by the order of this court. (e) Protective Orders. Federal Circuit Rule 25.1(c) applies to the status of agency protective orders and modification thereof.

PRACTICE NOTES TO RULE 17 Transcript of Agency Proceeding at Government Expense. These rules do not require an agency to provide a party with a written transcript at the agency’s expense. Any party seeking a written transcript of a hearing should direct the request to the agency, not the court. Federal Circuit Rules of Practice (December 1, 2025) (Return to Table of Contents) FEDERAL RULE OF APPELLATE PROCEDURE 18 Stay Pending Review (a) Motion for a Stay.

(1) Initial Motion Before the Agency. A petitioner must ordinarily move first before the agency for a stay pending review of its decision or order. (2) Motion in the Court of Appeals. A motion for a stay may be made to the court of appeals or one of its judges.

(A) The motion must: (i) (ii) show that moving first before the agency would be impracticable; or state that, a motion having been made, the agency denied the motion or failed to afford the relief requested and state any reasons given by the agency for its action. (B) The motion must also include: (i) (ii) the reasons for granting the relief requested and the facts relied on; originals or copies of affidavits or other sworn statements supporting facts subject to dispute; and (iii) relevant parts of the record. (C) The moving party must give reasonable notice of the motion to all parties. (D) The motion must be filed with the circuit clerk and normally will be considered by a panel of the court.

But in an exceptional case in which time requirements make that procedure impracticable, the motion may be made to and considered by a single judge. (b) Bond. The court may condition relief on the filing of a bond or other appropriate security. Federal Circuit Rules of Practice (December 1, 2025) (Return to Table of Contents)