U.S. Court of Appeals for the Fourth Circuit
U.S. Court of Appeals for the Fourth Circuit
Appellate Procedure Guide
December 2023

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Table of Contents

GENERAL PROVISIONS
Attorney Admission & eFiling Registration
Admission Required
Eligibility Requirements
Application for Admission
eFiling Registration
Related Links
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
Appellate Deadlines
Calculation of Deadlines
Initial Documents
Motions
Briefing & Calendaring
Post-Decision
Sealed & Confidential Materials
Internet Availability of Docket & Documents
Federal Rules of Procedure
Judicial Conference Privacy Policy
Local Rule 25(c)
Sealed Volume of Appendix/Supplemental Appendix
Sealed Version of Brief
Sealed Version of Motions and Other Documents
Motions to Seal
Highly Sensitive Documents
INITIAL REQUIREMENTS
New Appeals & Petitions
Final Judgment Rule
Civil Appeals
Criminal Appeals
Content of Notice of Appeal
Jurisdiction of District Court Pending Appeal
Petitions for Permission to Appeal and Answers to Petition
Mandamus Petitions and Answers
Motions for Authorization to File Successive Post-Conviction Applications
Petitions for Review
Applications for Enforcement and Answers
Tax Court Appeals
Related Links
Appeal Fees and Indigent Status
Fee Payments
Criminal Appeals & Criminal Justice Act Status
Prisoner Civil Appeals & Prison Litigation Reform Act Status
Civil Appeals & In Forma Pauperis Status
Petitions for Permission to Appeal
Petitions for Review of Agency Action
Tax Court Appeals
Petitions for Mandamus, Prohibition & Extraordinary Relief
Prisoner Petitions for Mandamus, Prohibition & Extraordinary Relief
Motions for Authorization to File Successive Habeas Corpus Applications
Related Links
Appointment of Counsel in Criminal Cases
Duty to Continue Representation
Motions to Withdraw
Compensation and Reimbursement of Expenses
Related Links
Appearance, Disclosure & Docketing Statements
Appearance of Counsel
Disclosure of Corporate Affiliations and Financial Interests
Docketing Statement
Related Links
Transcript & Record on Appeal
Transcript Order
Designation of Additional Parts of Transcript
Ordering Additional Parts of Transcript
Cross-Appeals
Transcript Deadlines
Transcript Format
Transcript Redaction
Statement of the Evidence When No Transcript is Available
Compilation of the Record
District Court Record in Pro Se Cases
District Court Record in Counseled Cases
Access of Counsel to District Court Record
Exhibits
Agreed Statement of the Record on Appeal
Supplemental Records, Modification or Correction
Administrative Record in Social Security Disability Appeals and Immigration Review Cases
Record in Other Agency Review Cases
Certified List
Tax Court Records
Related Links
Mediation
Local Rule 33
Briefing
Confidentiality
Related Links
MOTIONS
Motion Practice
Motion Length & Content
Statement Regarding Consent
Response Length & Content
Response Deadline
Reply Length & Content
Reply Deadline
Format
Clerk Orders
Court Orders
Related Links
Specific Motions
Motions for Stay or Injunction Pending Appeal
Motions for Bail Pending Appeal
Motions to Expedite
Motions for Abeyance
Motions to Intervene
Motions to Dismiss
Motions for Summary Affirmance or Reversal
Motions to Submit on the Briefs
Motions for Voluntary Dismissal
Related Links
BRIEFING
Formal Briefing
Use of Formal Briefing Schedule
Briefing Schedule
Extensions
Failure to File Brief
Leave to File Amicus Briefs
Corrections
Brief Citations to the Appendix (effective 07/15/2022)
Related Links
FOURTH CIRCUIT BRIEF & JOINT APPENDIX REQUIREMENTS (07/15/2022)
Note on Paper Copies: Paper copies of briefs and appendices are currently not required unless otherwise ordered by the court. Four paper copies are typically ordered if a case is tentatively calendared for argument.
Note on Brief Templates: Templates for Opening, Response, Reply, Opening/Response, and Response/Reply Briefs are available here: Brief Templates.
Informal Briefing
Use of Informal Briefing Schedule
Informal Brief Content and Format
No Appendix
Informal Briefing Deadlines
Informal Preliminary Briefing Deadlines
Failure to File Brief
Appointment of Counsel for Formal Briefing and Oral Argument
Related Links
CALENDARING & ARGUMENT
Pre-Argument Review & Calendaring
Requesting Oral Argument
Pre-argument Review Panel
Tentative Calendaring of Cases for Argument
Calendaring of Cases for Argument
Related Links
Oral Argument
Richmond Sessions
Special Sessions
Courthouse Security
Electronic Device Policy
Pre-argument Registration
Argument Panel
Argument Time
Internet Availability of Argument Audio Files
Intervenors
Amicus
Exhibits
Seating
Recess
Greeting
Related Links
DECISION & POST DECISION
Opinion and Judgment
Opinion Assignments
Unpublished Opinions
Citation of Unpublished Opinions
Published Opinions
Circulation of Opinions
Issuance of Opinions
Notice of Judgment
Related Links
Rehearing & Rehearing En Banc
Grounds for Rehearing
Grounds for Hearing or Rehearing En Banc
Length & Format of Petition
Filing Period
Submission to the Court
Response
Filing of Amicus Briefs During Consideration of Whether to Grant Rehearing
Panel Rehearing
Decision to Hear or Rehear a Case En Banc
Poll
Additional Briefing for En Banc Hearing or Rehearing
Reproduction Costs for Briefs and Appendices Required for En Banc Review
Panel Judgment Vacated
Decision of Cases Heard or Reheard En Banc
Effect of Petition on Time to Petition for Certiorari
Papers Following Denial of Rehearing or Expiration of Rehearing Period
Related Links
Costs and Attorney’s Fees
To Whom Allowed
Costs Taxable in the Court of Appeals
Costs Taxable in the District Court
Bill of Costs
Objections to Bill of Costs
Award of Costs
Recovery of Costs
Attorney's Fees
Related Links
Mandate
Nature and Effect
Time of Issuance
Staying the Mandate
Related Links