Federal Circuit requires PCR testing for hearings
The US Court of Appeals for the Federal Circuit will now require those attending in-person oral arguments to present a negative PCR test amid the current spike in COVID-19 cases.
Yesterday, December 22, the US court updated its revised protocols for in-person arguments with a clause requiring attendees to produce a negative test 72 hours prior to oral arguments.
Counsel and those attending the courts must have the PCR test administered after they have travelled to the Washington, DC, area, the rules state.
The update comes as cases of the rapidly-spreading Omicron COVID-19 strain continue to rise in the US, with recent Centers for Disease Control and Prevention (CDC) data showing that Omicron now accounts for 73% of all COVID cases across the country.
In accordance with the existing rules, the revised protocols apply to all personnel regardless of vaccination status, and attendees will still be required to wear masks during proceedings.
The revisions will apply to court proceedings from January 2022 onwards. The Clerk’s Office will notify counsel scheduled for January and February sessions of these new requirements individually.
Counsel will need to submit new Certifications of Compliance prior to attending.
All rules outlined in the Federal Circuit’s prior COVID-19 protocols published in September 2021 remain unchanged, including a bar on counsel or attendees who have travelled internationally within the prior 14 days or have tested positive within that time.
Health guidance
Throughout the COVID-19 pandemic, the court has published several updates that have revised in-person protocol in accordance with the ongoing pandemic.
The last changes were made in October 2021 and applied to all of the National Courts Building complex in Washington DC.
Based on guidance from public health authorities, the US Court of Federal Claims and the Federal Circuit closed their doors to the public, allowing only those required for legal proceedings that day to be present.
However, the courts will consider specific requests to access the buildings on a case-by-case basis. This requirement will remain in place until further notice.
