The U.S. Court of Appeals for the Federal Circuit has sent a stern warning to attorneys practicing before it. In Re Violation Of Rule 28(c), Miscellaneous No. 774 (Fed. Cir. Nov. 8, 2004) (per curiam).
In a case pending before it, a litigant failed to observe the rules limiting cross-appeal reply briefs to issues presented by the cross-appeal. Although the Federal Circuit declined to impose a sanction in this case, it signaled a tough stance on future violators. In a per curiam order, the Court said "we wish to make clear that it is the duty of counsel to familiarize themselves with applicable rules, and that, in future cases, serious violations of applicable rules, whether or not ‘inadvertent,’ will potentially subject counsel to sanctions." In addition to the subject matter limitations imposed by Rule 28(c), the Court also singled out Federal Circuit Rule 47.6, which prohibits the citation of non-precedential opinions and rules governing situations in which a cross-appeal is appropriate.
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