CAFC Proposes Change to Rule on Filing of Entry of Appearance
The U.S. Court of Appeals for the Federal Circuit is proposing to change its rules related to the filing of entries of appearance when a case is already in progress. The proposed amendments to Rule 47.3 would treat an entry of appearance filed after a case is assigned to a merits panel as a motion to appear that may be rejected by the panel (here). Motions are currently only required if an attorney’s entry of appearance is filed within 30 days of the scheduled argument.
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Under the proposed change, if an entry of appearance is filed after assignment to a merits panel, counsel will be notified by the appeals court’s Case Management/Electronic Case Filing (CM/ECF) system that the entry of appearance has been transmitted to the merits panel as a motion. The merit panel’s decision will then be provided to counsel in an electronic order entry in CM/ECF, it said.