CAFC Proposes Rule Change on Jurisdictional Statement

The United States Court of Appeals for the Federal Circuit is seeking public comments on its proposal to amend its Federal Circuit Rule 28(a)(5). The new subparagraph in Rule 28(a)(5), new words italicized, reads as follows:

Rule 28. Briefs

(a) Contents of Brief; Organization of Contents; Addendum; Binding.

Briefs must be bound as prescribed in Rule 32 of the Federal Rules of
Appellate Procedure and must contain the following in the order
listed:

(5) the jurisdictional statement including a representation that the judgment or order appealed from is final or, if not final, the basis for appealability (e.g., preliminary injunction, Fed. R. Civ. P. 54(b) certification of final judgment as to fewer than all of the claims or parties, etc.);

Comments must be received by the close of business on January 14, 2005.