U.S. Court of Appeals for the Fourth Circuit

Appellate Procedure Guide

September 2016

Filing and Service

Electronic Filing and Service by Counsel

Paper Filing and Service by Pro Se Litigants

Certificates of Service

Computation of Time

Deadlines Running from Service of a Document

Specific Documents (chart)

Related Links

 

Electronic Filing and Service by Counsel

 

The Fourth Circuit adopted mandatory electronic filing by counsel for all cases effective June 1, 2008. Therefore, counsel must register for electronic filing and file and serve documents through the court’s CM/ECF system. Counsel unable to file electronically may request exemption for good cause shown in a particular case. Counsel appointed in the district court who wish to withdraw from CJA representation on appeal may file a motion to withdraw in paper form instead of registering for electronic filing for the sole purpose of withdrawing from the case. Electronic filing is complete at the time and date stated in the notice of docket activity.

 

CM/ECF automatically serves case participants who have registered with the court for electronic service; participants who do not receive electronic service through CM/ECF must be served by counsel as otherwise authorized by Fed. R. App. P. 25(c). A service preference report is available from the CM/ECF reports menu that identifies which participants counsel must serve conventionally. In addition, the notice of docket activity received upon completion of filing identifies the participants who must be served conventionally. In addition, sealed documents are not served through CM/ECF and must be served conventionally on any case participants authorized to see the sealed documents.

 

Paper Filing and Service by Pro Se Litigants

 

Pro se litigants are not required to file documents electronically, though they may request leave to file electronically in individual cases. Pro se documents filed in paper form should be addressed to: Patricia S. Connor, Clerk, United States Court of Appeals for the Fourth Circuit, 1100 E. Main Street, Suite 501, Richmond, Virginia 23219-3517.

 

Filing is not timely unless the clerk receives the papers within the time fixed for filing. Fed. R. App. P. 25(a). However, papers filed by an inmate are timely if deposited in the institution’s internal mailing system on or before the last day for filing, and briefs are timely filed if placed in first-class mail or dispatched to a third-party courier within the time fixed for filing. Documents filed in paper form must be served in paper form, and the certificate of service must reflect service on opposing parties at the address of record.

 

Certificates of Service

 

Service on a party represented by counsel must be on all counsel of record, except as provided by rule or order. Fed. R. App. P. 25(b). Service may be personal, by mail, or by third-party commercial carrier for delivery within three days. Fed. R. App. P. 25(c). For counsel registered in CM/ECF, electronic service is made through CM/ECF on other registered users of the system. Service by electronic means is complete on transmission unless the party making service is notified that the paper was not received by the party served. Fed. R. App. P. 25(c).

 

All papers presented for filing must contain a signed certificate of service certifying the date and manner of service and the name and address of persons served. Fed. R. App. P. 25(d). If service was by fax or e-mail, the certificate must provide the fax number or e-mail address of the person served. Fed. R. App. P. 25(d). When a brief or appendix is filed by mailing or dispatch, the certificate of service must also state the date and manner by which the document was mailed or dispatched to the clerk. Fed. R. App. P. 25(d)(3). The notice of docket activity does not satisfy the certificate of service requirement.

 

Computation of Time

 

In computing any time period stated in days or a longer unit of time, “(A) exclude the day of the event that triggers the period; (B) count every day, including intermediate Saturdays, Sundays, and legal holidays; and (C) include the last day of the period, but if the last day is a Saturday, Sunday, or legal holiday, the period continues to run until the end of the next day that is not a Saturday, Sunday, or legal holiday.” Fed. R. App. P. 26(a)(1).

 

In computing a time period stated in hours, “(A) begin counting immediately on the occurrence of the event that triggers the period; (B) count every hour, including hours during intermediate Saturdays, Sundays, and legal holidays; and (C) if the period would end on a Saturday, Sunday, or legal holiday, the period continues to run until the same time on the next day that is not a Saturday, Sunday, or legal holiday.” Fed. R. App. P. 26(a)(2).

 

Deadlines Running from Service of a Document

 

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 not treated as delivered on the date of service; thus, the three-day rule applies to documents served by fax or e-mail. Fed. R. App. P. 26(c).

 

Specific Documents (chart)

 

Type of Document	How to File
Case initiating documents-- petitions for permission to appeal, petitions for review, applications for enforcement, petitions for mandamus or prohibition, motions to authorize successive habeas petitions	Case initiating documents can be submitted to the court in any of the following ways: (1) upload electronically through CM/ECF utility to submit new case; or (2) mail to Clerk’s Office, 1100 E. Main St., Suite 501, Richmond, VA 23219. Additional copies are not required for filing, but documents must be served conventionally.
Notice of appeal	File electronically in district court.
Initial forms -- appearance of counsel, disclosure of corporate affiliations, docketing statement, transcript order form	File electronically in court of appeals. Send copy of transcript order to court reporter and district court.
Motions, responses, replies	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.
Formal briefs	File electronically in court of appeals using BRIEF event; also file 1 paper copy.   The court’s paper copy must be filed with the court or delivered to the post or courier the next business day. Service of paper copies on opposing counsel is not required.   If the case is tentatively calendared for oral argument, all filers are required to file 3 additional paper copies, with additional copies being ordered by the court if otherwise needed
Sealed version of formal briefs	File electronically in court of appeals using SEALED BRIEF event; also file 1 paper copy.   The court’s paper copy must be filed with the court or delivered to the post or courier the next business day. Paper copies must also be served on opposing counsel.   If the case is tentatively calendared for oral argument, all filers are required to file 3 additional paper copies, with additional copies being ordered by the court if otherwise needed.
Appendix	File electronically in court of appeals using APPENDIX event. File 1 paper copy.   The court’s paper copy must be filed with the court or delivered to the post or courier the next business day. If an electronic appendix is used, service of the paper appendix on opposing counsel is not required. If an electronic appendix excerpt is used, a paper appendix must be served on opposing counsel.   If the case is tentatively calendared for oral argument, all filers are required to file 3 additional paper copies, with additional copies being ordered by the court if otherwise needed.
Sealed appendix volumes	File electronically in court of appeals using SEALED APPENDIX entry; also file 1 paper copy.   The court’s paper copies must be filed with the court or delivered to the post or courier the next business day. Paper copies must also be served on opposing counsel.   If the case is tentatively calendared for oral argument, all filers are required to file 3 additional paper copies, with additional copies being ordered by the court if otherwise needed.
Certificate of confidentiality or motion to seal	File electronically in court of appeals using entry Certificate of Confidentiality or MOTION/Seal; also file 1 paper copy with paper copy of sealed brief or appendix.
Informal briefs	File electronically in court of appeals and serve pro se litigants with paper copy. Most pro se litigants are not registered as filing users and therefore must be served conventionally.
Notices regarding availability for argument	File electronically in court of appeals
Acknowledgments of oral argument notification	File electronically in court of appeals
Supplemental authorities, status reports, memoranda, correspondence	File electronically in court of appeals
Petitions for rehearing and rehearing en banc	File electronically in court of appeals
Bills of cost and objections to bills of cost	File electronically in court of appeals
CJA and other financial vouchers	File one copy in paper form

 

 

Related Links

 

•	Rule 25, Filing and Service (with Local Rules)

•	Rule 26, Computing and Extending Time (with local Rule)

•	Case Information & eFiling