Fed. Circ. Enacts Testing Rule For Hearings Amid COVID Spike

By Khorri Atkinson (December 22, 2021, 5:25 PM EST) -- The Federal Circuit revised its COVID-19 safety protocols Wednesday for in-person oral arguments, mandating that everyone — regardless of vaccination status — present a negative test in order to attend hearings amid a nationwide spike in coronavirus infections caused by the new omicron variant.

Previously, only attorneys and other attendees who were not fully vaccinated were required to show a negative PCR COVID test within the prior 72 hours of oral argument in order to enter the National Courts Building in Washington, D.C. Both the appellate court and the U.S. Court of Federal Claims, a trial court, are housed there. The new rule applies to everyone as of...

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