United States Court of Appeals for the Fourth Circuit |
Federal and Local Rules of Appellate Procedure |
December 1, 2023 |
(1) Each court of appeals acting by a majority of its judges in regular active service may, after giving appropriate public notice and opportunity for comment, make and amend rules governing its practice. A generally applicable direction to parties or lawyers regarding practice before a court must be in a local rule rather than an internal operating procedure or standing order. A local rule must be consistent with — but not duplicative of — Acts of Congress and rules adopted under 28 U.S.C. § 2072 and must conform to any uniform numbering system prescribed by the Judicial Conference of the United States. Each circuit clerk must send the Administrative Office of the United States Courts a copy of each local rule and internal operating procedure when it is promulgated or amended.(b) Procedure When There Is No Controlling Law. A court of appeals may regulate practice in a particular case in any manner consistent with federal law, these rules, and local rules of the circuit. No sanction or other disadvantage may be imposed for noncompliance with any requirement not in federal law, federal rules, or the local circuit rules unless the alleged violator has been furnished in the particular case with actual notice of the requirement.(A) There shall be held pursuant to 28 U.S.C. § 333 a conference of all circuit, district, magistrate and bankruptcy judges of the Circuit, in active service, for the purpose of considering the business of the courts, and advising means of improving the administration of justice within the Circuit. It shall be the duty of every judge of the Circuit in active service to attend such conference. Bankruptcy judges on recall, and part-time magistrate judges, may attend, but are not required to do so.(A) Ex officio members.(B) Members designated by judges.(1) Nominees.(2) Permanent members.(3) Members emeritus.(C) Effect of suspension or disbarment.