Pro Se Handbook
– 4th Circuit Court of Appeals –
Volume 1
General Provisions
CHAPTER 1
ATTORNEY ADMISSION & EFILING REGISTRATION
ITEM 1.1.01 | ADMISSION REQUIRED
An attorney may be named on a brief filed in this court without being admitted to the bar of the Fourth Circuit, provided that at least one lawyer admitted to practice in this court also appears on the brief. Any other document submitted by an attorney who is not a member of the bar of the Fourth Circuit will be accepted for filing conditioned on his or her qualifying for membership within a reasonable time. Loc. R. 46(b).
ITEM 1.1.02 | ELIGIBILITY REQUIREMENTS
“if that attorney is of good moral and professional character and admitted to practice before the Supreme Court of the United States, the highest court of a state, another United States court of appeals, or a United States district court (including the district courts for Guam, the Northern Mariana Islands, and the Virgin Islands).”
ITEM 1.1.03 | APPLICATION FOR ADMISSION
The fee is waived for attorneys appointed by the court to represent a party in forma pauperis, counsel for the United States and any agency thereof who has a case pending before this court, and law clerks to the judges of the court and to the district judges, magistrate judges, and bankruptcy judges within this circuit. Loc. R. 46(b).
ITEM 1.1.04 | EFILING REGISTRATION
Users must have an upgraded PACER account before they can file documents with the Fourth Circuit. The same PACER account may be used at all federal courts that have implemented Next Gen CM/ECF, but each court must separately approve and register counsel's filing privileges. All filers must now have their own PACER account. Law firms and other organizations can set up a PACER Administrative Account (PAA) to manage their user accounts and have central billing for PACER access fees. See Upgrade PACER Account Instructions for additional information. The PACER Service Center notifies the Fourth Circuit that counsel has registered for filing privileges.
CHAPTER 2
FILING AND SERVICE
ITEM 1.2.01 | ELECTRONIC FILING AND SERVICE BY COUNSEL
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 outside CM/ECF. In addition, the notice of docket activity received upon completion of filing identifies the participants who must be served conventionally. Sealed documents, case initiating documents (e.g., petitions for review, petitions for mandamus), and manual filings (not available in electronic form) are not served through CM/ECF and must be served by counsel as otherwise authorized by Fed. R. App. P. 25(c).
ITEM 1.2.02 | PAPER FILING AND SERVICE BY PRO SE LITIGANTS
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, 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.
Litigants who file documents in paper form, outside CM/ECF, must also serve those documents outside CM/ECF. In accordance with Fed. R. App. P. 25(c), service outside CM/ECF may be by (i) personal delivery, (ii) mail, or (iii) third-party commercial carrier for delivery within three days, or (iv) by email outside CM/ECF with the written consent of the person served.
ITEM 1.2.03 | CERTIFICATES OF SERVICE
Parties not filing through CM/ECF must file a certificate of service with their document certifying the date and manner of service and the names and addresses of persons served outside CM/ECF. 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).
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).
ITEM 1.2.04 | COMPUTATION OF TIME
“(A) exclude the day of the event that triggers the period;In computing a time period stated in hours,
(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.”
“(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.”
ITEM 1.2.05 | DEADLINES RUNNING FROM SERVICE OF A DOCUMENT
ITEM 1.2.06 | 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:
(2) mail to Clerk’s Office, 1100 E. Main St., Suite 501, Richmond, VA 23219. |
| Notice of appeal | File electronically in district court. |
| Initial forms -- appearance of counsel, disclosure statement, docketing statement, transcript order form |
File electronically in court of appeals. Send copy of transcript order to court reporter and district court and attach copy to docketing statement filed in the court of appeals. In CJA cases, submit all transcript authorization requests through the district court's eVoucher system. |
| 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. Filing of paper copies is not required unless ordered by the court. Service of paper copies on opposing counsel is not required. |
| Sealed version of formal briefs |
File electronically in court of appeals using SEALED BRIEF event; also file a certificate of confidentiality. Filing of paper copies is not required unless ordered by the court. |
| Joint Appendix Supplemental Appendix |
File electronically in court of appeals using JOINT APPENDIX or SUPPLEMENTAL APPENDIX event. Service of paper copies on opposing counsel is not required. |
| Sealed joint appendix Sealed supplemental appendix |
File electronically in court of appeals using SEALED JOINT APPENDIX or SEALED SUPPLEMENTAL APPENDIX entry; also a certificate of confidentiality. Filing of paper copies is not required unless ordered by the court, but sealed appendices must be served on opposing counsel outside CM/ECF. |
| Certificate of confidentiality or motion to seal |
File electronically in court of appeals using entry Certificate of Confidentiality or MOTION/Seal. File paper copies with any paper copies of sealed briefs or appendices ordered by the court |
| Informal briefs | File electronically in court of appeals and serve pro se litigants outside CM/ECF. 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 CJA vouchers in CJA eVoucher. File assigned counsel vouchers via email to 4cca-cja@ca4.uscourts.gov. |
CHAPTER 3
APPELLATE DEADLINES
ITEM 1.3.01 | CALCULATION OF DEADLINES
Fed. R. App. P. 26(a) Computing Time:
Fed. R. App. P. 26(c) Additional Time After Service:
ITEM 1.3.02 | INITIAL DOCUMENTS
| Notice of appeal from district court | FRAP 4: |
| Notice of appeal from tax court | FRAP 13: |
| Petition for review of agency order | FRAP 15: |
| Answer to application for enforcement of agency order | FRAP 15: |
| Petition for permission to appeal from district court |
28 USC § 1292(b):28 USC § 1453(c):Fed R Civ P 23(f):FRAP 5: |
| Petition for permission to appeal from bankruptcy court |
28 USC § 158(d)(2):Bankr R 8002 & 8006:FRAP 5: |
| Answer or cross-petition for permission to appeal | FRAP 5: |
| Petition for writ of mandamus | FRAP 21: |
| Answer to petition for writ of mandamus | FRAP 21: |
| Application to proceed in forma pauperis | FRAP 24: |
| Appearance of counsel | Loc R 46(c): |
| Disclosure of corporate affiliations | Loc R 26.1: |
| Docketing statement (civil/agency) Docketing statement (criminal) |
Loc R 3(b): |
| Transcript order form | FRAP 10(b): |
| Notice of constitutional challenge to state or federal statute in case in which state or federal government is not a party | FRAP 44: |
| Administrative record | FRAP 17: |
ITEM 1.3.03 | MOTIONS
| Motion |
FRAP 27:FRAP 16(d):Loc R 31(c):Loc R 27(b):Loc R 27(f):Loc R 30(a):Loc R 32(b):Loc R 34(c):Loc R 34(d):Loc R 34(e):FRAP 41: |
| Response to motion |
FRAP 27: |
| Reply in support of motion | FRAP 27: |
ITEM 1.3.04 | BRIEFING & CALENDARING
| Joint Appendix | FRAP 30: |
| Opening brief |
FRAP 31:Loc R 31(a):FRAP 32(a) (eff. 12/01/2016): |
| Response brief |
FRAP 31:Loc R 31(a):FRAP 32(a): |
| Opening/response brief for cross-appeal |
FRAP 28.1:Loc R 31(a):FRAP 28.1: |
| Response/reply brief for cross-appeal |
FRAP 28.1:Loc R 31(a):FRAP 28.1: |
| Reply brief |
FRAP 31:Loc R 31(a):FRAP 32(a): |
| Intervenor’s brief |
FRAP 16(d):Loc R 28(d): |
| Amicus brief at the merits stage |
FRAP 29(a):An amicus brief at the merits stage may not exceed half the length of the party's principal brief, must be accompanied by a certificate of compliance with type-volume limit and must satisfy the Fourth Circuit Brief & Appendix Requirements. |
| Anders pro se brief | Anders v. California, 388 U.S. 738 (1967): |
| Informal opening brief | Loc R 34(b): |
| Informal response brief | Loc R 34(b): |
| Informal reply brief | Loc R 34(b): |
| Notice of conflict with proposed argument dates | Loc R 34(c): |
| Oral argument acknowledgment | Counsel must return the oral argument acknowledgment form identifying who will present argument within the 10-day period established by the oral argument notification. |
ITEM 1.3.05 | POST-DECISION
| Petition for rehearing and/or rehearing en banc |
FRAP 40:Loc R 40(c):Loc R 35(a):FRAP 35(b): |
| Response to petition for rehearing and/or rehearing en banc |
FRAP 40:FRAP 35: |
| Amicus brief at the petition for rehearing stage |
FRAP 29(b):An amicus brief at the petition for rehearing stage may not exceed 2,600 words, must be accompanied by a certificate of compliance with type-volume limit and must satisfy the Fourth Circuit Brief & Appendix Requirements. Loc R 29(b)(2): |
| Bill of costs | FRAP 39: |
| Objection to bill of costs | FRAP 39: |
| CJA eVoucher Assigned counsel voucher |
CJA Implementation Plan: Appointed or assigned counsel's compensation voucher is due within 60 days of entry of judgment, denial of a petition for rehearing, or the filing of a petition for writ of certiorari, whichever is later. |
| Certiorari status form | Loc R 46(d): |
| Petition for writ of certiorari | IOP 41.2: |
CHAPTER 4
SEALED & CONFIDENTIAL MATERIALS
ITEM 1.4.01 | INTERNET AVAILABILITY OF DOCKET & DOCUMENTS
Due to the electronic availability of court documents, the federal rules prohibit including certain personal data identifiers in court filings. In addition, parties should not include any data in their filings that they would not want on the Internet. Counsel should advise their clients on this subject so that an informed decision can be made. Responsibility rests with counsel and the parties, not with the clerk.
Documents filed by the parties in immigration, social security, and railroad retirement board cases are not accessible over the Internet to the public. Public Internet access is limited to the court's docket, orders, and opinions in these cases. Parties wishing to prevent their full names from appearing in court documents, including opinions available on the Internet, may file a motion to redact their name to use only their first name and last initial rather than their full name.
ITEM 1.4.02 | FEDERAL RULES OF PROCEDURE
(2) minor children must be identified by their initials only;
(3) dates of birth must show the year only;
(4) financial account numbers must be limited to the last four digits only; and
(5) home addresses in criminal cases must be limited to city and state only.
ITEM 1.4.03 | JUDICIAL CONFERENCE PRIVACY POLICY
(2) bail or presentence reports;
(3) statement of reasons in judgment of conviction;
(4) juvenile records;
(5) identifying information about jurors or potential jurors;
(6) CJA financial affidavits;
(7) ex parte requests to authorize CJA services; and
(8) any sealed documents, such as motions for downward departure for substantial assistance, plea agreements indicating cooperation, or victim statements.
ITEM 1.4.04 | LOCAL RULE 25(C)
Since the ECF events for sealed filings make the documents accessible only to the court, counsel must serve sealed documents on the other parties outside ECF.
ITEM 1.4.05 | SEALED VOLUME OF APPENDIX/SUPPLEMENTAL APPENDIX
• Use ECF event-Certificate of confidentiality to identify authority for treating material as sealed and to identify who may have access to sealed material. A paper copy of the certificate of confidentiality must accompany the paper copy of the sealed appendix filed with the court.
• Use ECF event-JOINT APPENDIX and SUPPLEMENTAL APPENDIX to file public electronic appendix volumes(s).
ITEM 1.4.06 | SEALED VERSION OF BRIEF
• Use ECF event-Certificate of confidentiality to identify authority for treating material as sealed and to identify who may have access to sealed material. A paper copy of the certificate of confidentiality must accompany the paper copy of the sealed brief filed with the court.
• Use ECF event-BRIEF (formal briefs not under seal) to file public electronic version of brief from which sealed material has been redacted.
ITEM 1.4.07 | SEALED VERSION OF MOTIONS AND OTHER DOCUMENTS
• Use ECF event-Certificate of confidentiality to identify authority for treating material as sealed and to identify who may have access to sealed material.
• Use the appropriate ECF event (e.g., MOTION or RESPONSE/ANSWER) to file public electronic version of document from which sealed material has been redacted.
ITEM 1.4.08 | MOTIONS TO SEAL
The motion to seal must appear on the public docket for five days. The motion must identify the document or portions thereof for which sealing is requested, the reasons why sealing is necessary, the reasons a less drastic alternative will not afford adequate protection, and the period of time for which sealing is required. If it is necessary to reference sealed material in the motion, a sealed, highlighted version and a public, redacted version of the motion must be filed.
ITEM 1.4.09 | HIGHLY SENSITIVE DOCUMENTS
Forms:
Instructions:
Use these in conjunction with the United States Pro Se Handbook!
You might need to reference it during your pursuit of justice.
For instance, you might need to examine one of these passages in order to protect yourself from organizations/judges/lawyers who break the law (see this example of a Florida judge who outright committed perjury).
Nevertheless – and as always – please get the justice you deserve.
Sincerely,
www.TextBookDiscrimination.com
