United States Court of Appeals for the Fourth Circuit
United States Court of Appeals for the Fourth Circuit
Federal and Local Rules of Appellate Procedure
December 1, 2023

Table of Contents Previous Next

Table of Contents

Rule 1. Scope of Rules; Definition; Title
Rule 2. Suspension of Rules
Rule 3. Appeal as of Right — How Taken
Local Rule 3(a). Filing and Docket Fees.
Local Rule 3(b). Docketing Statement.
I.O.P.-3.1. Transmission of District Court Order.
Rule 3.1. Appeal from a Judgment Entered by a Magistrate Judge in a Civil Case
Rule 4. Appeal as of Right — When Taken
Rule 5. Appeal by Permission
Local Rule 5. Interlocutory Orders.
Rule 5.1. Appeals by Permission Under 28 U.S.C. § 636(c)(5)
Rule 6. Appeal in a Bankruptcy Case
Local Rule 6(a). Bankruptcy Records.
I.O.P.-6.1. Bankruptcy Appeals.
Rule 7. Bond for Costs on Appeal in a Civil Case
Rule 8. Stay or Injunction Pending Appeal
Local Rule 8. Stay or Injunction Pending Appeal.
Rule 9. Release in a Criminal Case
Local Rule 9(a). Release Prior to Judgment of Conviction.
Local Rule 9(b). Release After Conviction and Notice of Appeal.
Local Rule 9(c). Recalcitrant Witnesses.
Rule 10. The Record on Appeal
Local Rule 10(a). Retention of the Record on Appeal in the District Court.
Local Rule 10(b). Records on Appeal.
Local Rule 10(c). Transcripts.
Local Rule 10(d). Supplemental Records, Modification, or Correction.
Rule 11. Forwarding the Record
Local Rule 11(a). Transcript Acknowledgments.
Local Rule 11(b). Time Limits for Filing Transcripts.
Local Rule 11(c). Exhibits.
Local Rule 11(d). Access of Counsel to Original Record.
I.O.P.-11.1. Sanctions for Court Reporter's Failure to File a Timely Transcript.
Rule 12. Docketing the Appeal; Filing a Representation Statement; Filing the Record
Local Rule 12(a). Appeals by Aggrieved Non-parties in the Lower Court.
Local Rule 12(b). Joint Appeals/Cross-appeals and Consolidations.
Local Rule 12(c). Expedition of Appeals.
Local Rule 12(d). Abeyance.
Local Rule 12(e). Intervention.
Rule 12.1. Remand After an Indicative Ruling by the District Court on a Motion for Relief That Is Barred by a Pending Appeal
Rule 13. Appeals from the Tax Court
Rule 14. Applicability of Other Rules to Appeals from the Tax Court
Rule 15. Review or Enforcement of an Agency Order — How Obtained; Intervention
Local Rule 15(a). Docketing Fee.
Local Rule 15(b). Petitions for Review.
Rule 15.1. Briefs and Oral Argument in a National Labor Relations Board Proceeding
Rule 16. The Record on Review or Enforcement
Rule 17. Filing the Record
18. Stay Pending Review
Local Rule 18. Procedures.
Rule 19. Settlement of a Judgment Enforcing an Agency Order in Part
Rule 20. Applicability of Rules to the Review or Enforcement of an Agency Order
Rule 21. Writs of Mandamus and Prohibition, and Other Extraordinary Writs
Local Rule 21(a). Case Captions for Extraordinary Writs.
Local Rule 21(b). Petitions for Mandamus or Prohibition.
Local Rule 21(c). Fees and Costs for Prisoner Petitions for Mandamus, Prohibition, or other Extraordinary Relief.
Local Rule 21(d). Petitions for Writ of Mandamus Pursuant to 18 U.S.C. § 3771, Crime Victims' Rights.
Rule 22. Habeas Corpus and Section 2255 Proceedings
Local Rule 22(a). Certificates of Appealability.
Local Rule 22(b). Death Penalty Cases and Motions for Stay of Execution.
Local Rule 22(c). Petitions for Rehearing in Death Penalty Cases.
Local Rule 22(d). Motions for Authorization.
I.O.P.-22.1. Death Penalty Cases.
Rule 23. Custody or Release of a Prisoner in a Habeas Corpus Proceeding
Rule 24. Proceeding in Forma Pauperis
Local Rule 24. Prisoner Appeals.
Rule 25. Filing and Service
Local Rule 25(a). Electronic Case Filing System.
Local Rule 25(b). Use of Email or Facsimile: Service.
Local Rule 25(c) Confidential and Sealed Materials.
Rule 26. Computing and Extending Time
Local Rule 26. State Holidays and Inclement Weather.
Rule 26.1. Disclosure Statement
Local Rule 26.1. Disclosure Statement.
Rule 27. Motions
Local Rule 27(a). Content of Motions; Notification and Consent.
Local Rule 27(b). Procedural Orders Acted on by Clerk; Reconsideration Thereof.
Local Rule 27(c). Form of Motions.
Local Rule 27(d). Responses; Replies.
Local Rule 27(e). Panel Assignments and Emergency Motions.
Local Rule 27(f). Motions for Summary Disposition.
Rule 28. Briefs
Local Rule 28(a). Consolidated Cases and Briefs.
Local Rule 28(b). Addenda and Attachments to Briefs.
Local Rule 28(c). Responsibilities of Counsel Listed on a Brief.
Local Rule 28(d). Joint Appeals and Consolidations.
Local Rule 28(e). Citation of Additional Authorities.
Local Rule 28(f). Statement of Case.
Local Rule 28(g). Citations to the Appendix.
Rule 28.1. Cross-Appeals
Rule 29. Brief of an Amicus Curiae
Local Rule 29(a). Leave to File Amicus Briefs.
Local Rule 29(b). Copies of Amicus Briefs.
Rule 30. Appendix to the Briefs
Local Rule 30(a). Attorney Sanctions for Unnecessary Appendix Designations.
Local Rule 30(b). Appendix Contents; Pagination; Number of Copies.
Local Rule 30(c). Responsibility of Parties.
Local Rule 30(d). Dispensing with Appendix.
Rule 31. Serving and Filing Briefs
Local Rule 31(a). Shortened Time for Service and Filing of Briefs in Criminal Cases.
Local Rule 31(b). Briefing Orders.
Local Rule 31(c). Briefing Extensions.
Local Rule 31(d). Number of Copies.
Rule 32. Form of Briefs, Appendices, and Other Papers
Local Rule 32(a). Reproduction of Appendices.
Local Rule 32(b). Length of Briefs.
Local Rule 32(c). Correction of Briefs and Appendices.
Rule 32.1. Citing Judicial Dispositions
Local Rule 32.1. Citation of Unpublished Dispositions.
Rule 33. Appeal Conferences
Local Rule 33. Circuit Mediation Conferences.
Rule 34. Oral Argument
Local Rule 34(a). Oral Argument; Pre-argument Review and Summary Disposition of Appeals; Statement Regarding the Need for Oral Argument.
Local Rule 34(b). Informal Briefs.
Local Rule 34(c). Court Sessions and Notification to Counsel.
Local Rule 34(d). Argument Time.
Local Rule 34(e). Motion to Submit on Briefs.
I.O.P.-34.1. Calendar Assignments and Panel Composition
-34.2. Disposition Without Oral Argument.
-34.3. Audio Files of Oral Argument.
Rule 35. En Banc Determination
Local Rule 35. En Banc Proceedings.
Rule 36. Entry of Judgment; Notice
Local Rule 36(a). Publication of Decisions.
Local Rule 36(b). Unpublished Dispositions; Opinion Distribution.
I.O.P.-36.1.Opinion Preparation Assignments.
-36.2. Circulation of Opinions in Argued Cases.
-36.3. Summary Opinions.
-36.4 Internet Citations in Opinions
Rule 37. Interest on Judgment
Rule 38. Frivolous Appeal — Damages and Costs
Rule 39. Costs
Local Rule 39(a). Reproduction Costs.
Local Rule 39(b). Bill of Costs.
Local Rule 39(c). Recovery of Costs in the District Court.
Rule 40. Petition for Panel Rehearing
Local Rule 40(a). Filing of Petition.
Local Rule 40(b). Statement of Purpose.
Local Rule 40(c). Time Limits for Filing Petitions.
Local Rule 40(d). Papers Filed After Denial of a Petition for Rehearing.
I.O.P.-40.1. Submission of Petitions for Rehearing to the Court.
-40.2. Panel Rehearing.
Rule 41. Mandate: Contents; Issuance and Effective Date; Stay
Local Rule 41. Motion for Stay of the Mandate.
I.O.P.-41.1. Issuance of the Mandate.
-41.2. Petitions for Writs of Certiorari.
Rule 42. Voluntary Dismissal
Local Rule 42. Voluntary Dismissals.
Rule 43. Substitution of Parties
Rule 44. Case Involving a Constitutional Question When the United States or the Relevant State is Not a Party
Rule 45. Clerk's Duties
Local Rule 45. Dismissals for Failure to Prosecute.
I.O.P.-45.1. Clerk's Office.
-45.2. Public Information.
Rule 46. Attorneys
Local Rule 46(a). Legal Assistance to Indigents by Law Students.
Local Rule 46(b). Admission to Practice.
Local Rule 46(c). Appearance of Counsel; Withdrawal; Substitutions.
Local Rule 46(d). Appointment of Counsel.
Local Rule 46(e). Attorney's Fees and Expenses.
Local Rule 46(f). Proceeding Pro Se.
Local Rule 46(g). Rules of Disciplinary Enforcement.
Rule 47. Local Rules by Courts of Appeals
Local Rule 47(a). Procedures for Adoption of Local Rules and Internal Operating Procedures.
Local Rule 47(b). Advisory Committee on Rules and Procedures.
I.O.P.-47.1. Judicial Conference.
-47.2. Membership in the Judicial Conference of the Circuit.
Rule 48. Masters
Length Limits Stated in the Federal Rules of Appellate Procedure