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Clerk Kicks Attorneys Out Of Courtroom For Covid Protocol Violation

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March 9, 2022

The Court of Appeals for the Federal Circuit imposes Covid protocols on attorneys arguing before it, one of which is a strict limit on the number of people who can attend oral arguments — “arguing counsel and no more than one attendee whose presence is necessary to assist or supervise.” It also states that motions to expand that number will not be entertained. Nevertheless, a group of attorneys involved in an appeal recently requested that a party of six be allowed to attend. The motion was denied, but on the day of oral arguments, the four extra attorneys showed up. The clerk promptly kicked them out. In its decision, the Court took note of what had happened, but decided not to impose sanctions because the respondents expressed remorse. The opinion was drafted as a general warning that sanctions will be imposed on future violations.

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