U.S. Court of Appeals for the Fourth Circuit |
Appellate Procedure Guide |
December 2023 |
Filing is not timely unless the clerk receives the papers within the time fixed for filing. Fed. R. App. P. 25(a). However, a paper filed by an inmate is timely if evidence, such as a postmark, date-stamp, or sworn inmate declaration of date of deposit with prepaid postage, shows that the paper was deposited in the institution's internal mailing system on or before the last day for filing. Briefs are timely filed if placed in first-class mail or dispatched to a third-party courier within the time fixed for filing.Whenever a party is required or permitted to act within a prescribed period after service of a paper upon that party, three days are added to this prescribed period unless the paper is delivered on the date of service stated in the proof of service. Fed. R. App. P. 26(c). A paper that is served electronically is treated as delivered on the date of service; thus, three days are not added to deadlines running from electronic service of a document. Fed. R. App. P. 26(c) (effective Dec. 1, 2016).
File electronically in court of appeals. Exhibits should be filed as part of the Motion or Response/answer event, clearly identified by letter or number. File electronically in court of appeals using BRIEF event. Filing of paper copies is not required unless ordered by the court. File electronically in court of appeals using SEALED BRIEF event; also file a certificate of confidentiality. File electronically in court of appeals using SEALED JOINT APPENDIX or SEALED SUPPLEMENTAL APPENDIX entry; also a certificate of confidentiality.