The ARB has Rules of Practice and Procedure relating to efiling and eservice which were published in the Federal Register on January 11, 2021 and which will be effective on February 25, 2021. 86 FR 1782-83. The Rules of Practice and Procedure will be codified at 29 C.F.R. Part 26. The Board applies the Federal Rules of Appellate Procedure to the extent practicable concerning the following matters:

  • Amicus Curiae – Rule 29
  • Briefs – Rule 28
  • Computing and Extending Time – Rule 26
  • Corporate Disclosure – Rule 26.1
  • Cross-Appeals – Rule 28.1
  • Form of Briefs, Appendices, and Other Papers – Rule 32
  • Motions – Rule 27
  • Substitution of Parties – Rule 43
  • Voluntary Dismissal – Rule 42

However, there are several subject-specific rules of practice before the Board that have been published in the Code of Federal Regulations, including those listed below.

This list is not exhaustive, and judges, counsel, representatives, and other persons should ensure compliance with the applicable procedural rules. Failure to comply may result in denial of an appeal or necessitate additional litigation before an administrative law judge.