Pro Se Handbook
– 4th Circuit Court of Appeals –
Volume 1 Chapter 3
Appellate Deadlines

ITEM 1.3.01 | CALCULATION OF DEADLINES

Fed. R. App. P. 26(a) Computing Time:

When computing deadlines, exclude the day of the event that triggers the period; count every day including Saturdays, Sundays, and legal holidays; and 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).

Fed. R. App. P. 26(c) Additional Time After Service:

When a party may or must act within a specified time after service, 3 days are added after the period would otherwise expire under Rule 26(a), unless the paper is delivered on the date of service stated in the proof of service. A paper that is served electronically is treated as delivered on the date of service; therefore 3 days are not added to the period allowed.

ITEM 1.3.02 | INITIAL DOCUMENTS

Notice of appeal from district court	FRAP 4: For civil cases, notice must be filed in district court within 30 days after entry of judgment (60 days if federal government a party), or within 14 days after filing of a timely notice of appeal by any other party. For criminal cases, defendant's notice must be filed in district court within 14 days after entry of judgment or within 14 days after filing of a timely appeal by the government; the government's notice of appeal must be filed within 30 days after entry of judgment or within 30 days after filing of a timely appeal by the defendant. See the rule for extensions based on post-judgment filings.
Notice of appeal from tax court	FRAP 13: Notice of appeal must be filed in tax court within 90 days after entry of tax court's decision or within 120 days after tax court's decision if any other party has filed a timely notice of appeal.
Petition for review of agency order	FRAP 15: Petition for review of agency order must be filed in the court of appeals within the time prescribed by law.
Answer to application for enforcement of agency order	FRAP 15: An answer to an application for enforcement of an agency order must be served within 21 days after filing of the application.
Petition for permission to appeal from district court	28 USC § 1292(b): A petition for permission to appeal an order certified by the district court to involve a controlling question of law as to which there is substantial ground for difference of opinion and as to which immediate appeal would materially advance the termination of the litigation must be filed in the court of appeals within 10 days after entry of the order. 28 USC § 1453(c): A petition for permission to appeal an order remanding a class action to the state court from which it was removed must be filed within 10 days after entry of the order. Fed R Civ P 23(f): A petition for permission to appeal an order granting or denying class-action certification must be filed within 14 days after entry of the order. FRAP 5: The petition must not exceed 5,200 words (20 pages if handwritten or typewritten), exclusive of any cover page, disclosure statement, table of contents, table of citations, signature block, certificates of counsel, and attachments. A certificate of compliance with type-volume limit is required if produced by computer.
Petition for permission to appeal from bankruptcy court	28 USC § 158(d)(2): Any request by a party that the bankruptcy court or district court certify a bankruptcy court order for direct appeal to the court of appeals on the basis that the order involves a question of law as to which there is no controlling decision, that involves a matter of public importance, that requires resolution of conflicting decisions, or as to which an immediate appeal would materially advance the progress of the case must be filed within 60 days after entry of the order. Bankr R 8002 & 8006: For timely filing of a petition for permission to appeal, a notice of appeal must be filed in the bankruptcy court within 14 days of entry of the order under Bankr R 8002, and a petition for permission to appeal must be filed in the court of appeals within 30 days of the date the order is certified for direct appeal to the court of appeals under Bank R 8006. FRAP 5: The petition must not exceed 5,200 words (20 pages if handwritten or typewritten), exclusive of any cover page, disclosure statement, table of contents, table of citations, signature block, certificates of counsel, and attachments. A certificate of compliance with type-volume limit is required if produced by computer.
Answer or cross-petition for permission to appeal	FRAP 5: A party may file an answer in opposition or a cross-petition within 10 days after service of the petition. The answer or cross-petition must not exceed 5,200 words (20 pages if handwritten or typewritten), exclusive of any cover page, disclosure statement, table of contents, table of citations, signature block, certificates of counsel, and attachments. A certificate of compliance with type-volume limit is required if produced by computer.
Petition for writ of mandamus	FRAP 21: The rules do not prescribe a time period for filing a petition for writ of mandamus or prohibition, but state that the petition may not exceed 7,800 words (30 pages if handwritten or typewritten), exclusive of any cover page, disclosure statement, table of contents, table of citations, signature block, certificates of counsel, and attachments. A certificate of compliance with type-volume limit is required if produced by computer.
Answer to petition for writ of mandamus	FRAP 21: The court may deny the petition without answer or order the respondent to answer within a fixed time. The rules do not establish a time period, but the court generally uses a 10-day period. The answer may not exceed 7,800 words (30 pages if handwritten or typewritten), exclusive of any cover page, disclosure statement, table of contents, table of citations, signature block, certificates of counsel, and attachments. A certificate of compliance with type-volume limit is required if produced by computer.
Application to proceed in forma pauperis	FRAP 24: If leave to proceed in forma pauperis has not been granted by the district court, an application to proceed in forma pauperis on appeal must be filed in the court of appeals within the 15-day period set by the court's fee notice or within the subsequent 15-day period set by the court's Local Rule 45 notice.
Appearance of counsel	Loc R 46(c): Each attorney of record must file an appearance of counsel within 14 days after docketing of the appeal or after being retained or appointed.
Disclosure of corporate affiliations	Loc R 26.1: A party in a civil, agency, bankruptcy, or mandamus case, other than the United States or a party proceeding in forma pauperis, must file a disclosure statement, except that a state or local government is not required to file a disclosure statement in a case in which the opposing party is proceeding without counsel. A corporate party in a criminal or post-conviction case, and a corporate amicus curiae, must also file a disclosure statement. Absent a showing of good cause, the government must file a disclosure statement in a criminal case in which there is an organizational victim The disclosure statement must be filed within 14 days after docketing of the appeal unless earlier pleadings are filed for the court's consideration, in which case the disclosure statement must be filed at that time. The disclosure statement must also be included in the party's principal brief.
Docketing statement (civil/agency) Docketing statement (criminal)	Loc R 3(b): Counsel filing a notice of appeal, petition for review, or application for enforcement must file a docketing statement within 14 days after docketing of the appeal. If an opposing party wishes to object to the docketing statement, such objection must be filed within 10 days after service of the docketing statement.
Transcript order form	FRAP 10(b): Appellant must order any necessary transcript within 14 days of filing the appeal. The transcript order form must be transmitted to the court reporter and the district court, and attached to the docketing statement filed in the court of appeals. CJA counsel must also submit an AUTH-24 in the district court's eVoucher system within 14 days. If appellee believes additional portions of the transcript are needed, appellee must file and serve on appellant a designation of additional parts to be ordered within 14 days after service of the transcript order form. Unless appellant orders the additional parts within 14 days after service of the designation, the appellee may, within the following 14 days, either order the parts or move in the district court for an order requiring the appellant to do so.
Notice of constitutional challenge to state or federal statute in case in which state or federal government is not a party	FRAP 44: If a party questions the constitutionality of a federal law in a case in which the federal government is not a party, or the constitutionality of a state law in a case in which the state government is not a party, the questioning party must give written notice to the court upon filing of the record or as soon as the question is raised so that the clerk can certify that fact to the attorney general.
Administrative record	FRAP 17: The agency must file the administrative record within 40 days after filing of the briefing order in an agency case.

ITEM 1.3.03 | MOTIONS

Motion

FRAP 27:

Application for an order or other relief is made by a motion, the length of which may not exceed 5,200 words (20 pages if handwritten or typewritten), exclusive of any cover page, disclosure statement, table of contents, table of citations, signature block, certificates of counsel, and attachments. A certificate of compliance with type-volume limit is required if produced by computer. In cases in which all parties are represented by counsel, the motion must state that the other parties have been informed of the intended filing of the motion and indicate whether the other parties consent or intend to file responses in opposition. Loc R 27(a). With the following exceptions, the rules do not establish deadlines for the filing of motions.

FRAP 16(d):

A motion to intervene in an agency review proceeding must be filed within 30 days of filing of the petition for review.

Loc R 31(c):

A motion for extension of time to file a brief must be filed well in advance of the brief due date.

Loc R 27(b):

Any party adversely affected by an order of the clerk may file a motion to reconsider the clerk's action within 14 days after entry of the order.

Loc R 27(f):

A motion for summary disposition should be made only after briefs are filed. If submitted before completion of the briefing schedule, the court will defer action on the motion until the case is mature for full consideration. Motions to dismiss based upon the ground that the appeal is not within the jurisdiction of the Court or on other procedural grounds should be filed within the time allowed for the filing of the response brief. The Court may also sua sponte summarily dispose of any appeal at any time.

Loc R 30(a):

A motion for sanctions for unnecessary appendix designations must be filed within 14 days after entry of judgment, and will be considered only if counsel objected to the designation of unnecessary material in writing to opposing counsel within 14 days of the designation.

Loc R 32(b):

A motion to exceed the length limitations for briefs must be filed at least 10 days prior to the due date of the brief and must be supported by a statement of reasons. These motions are disfavored and will be granted only for exceptional reasons.

Loc R 34(c):

Any motion that would affect the argument date of a case must be filed within the 10-day period established by the notice that a case has been tentatively assigned to a particular argument session.

Loc R 34(d):

A motion for additional argument time must be filed well in advance of the hearing date and set forth the position of opposing counsel.

Loc R 34(e):

Any motion to submit on the briefs must be filed as soon as possible upon completion of the briefing schedule or within 10 days of tentative notification of argument, whichever is earlier.

FRAP 41:

Any motion to stay the mandate must be filed prior to issuance of the mandate. The mandate issues 7 days after the time to file a petition for rehearing expires, or 7 days after entry of an order denying a timely petition for rehearing or rehearing en banc, or a motion for stay of mandate.

Response to motion

FRAP 27:

A response to a motion must be filed within 10 days after service of the motion unless the court shortens or extends the time. A motion authorized by Rules 8, 9, 18, or 41 may be granted before the 10-day period runs only if the court gives reasonable notice to the parties that it intends to act sooner. Responses must not exceed 5,200 words (20 pages if handwritten or typewritten), exclusive of any cover page, disclosure statement, table of contents, table of citations, signature block, certificates of counsel, and attachments. A certificate of compliance with type-volume limit is required if produced by computer.

Reply in support of motion

FRAP 27:

Any reply to a response must be filed within 7 days after service of the response. The court will not ordinarily await the filing of a reply before reviewing a motion and response. If movant intends to file a reply and does not want the court to actively consider the motion and response until a reply is filed, the movant should notify the clerk in writing of the intended filing of the reply and request that the court not act until the reply is received. Replies must not exceed 2,600 words (10 pages if handwritten or typewritten), exclusive of any cover page, disclosure statement, table of contents, table of citations, signature block, certificates of counsel, and attachments. A certificate of compliance with type-volume limit is required if produced by computer.

ITEM 1.3.04 | BRIEFING & CALENDARING

Joint Appendix	FRAP 30: Unless deferred under FRAP 30(c), appellant must file the joint appendix at the time of filing the opening brief. The appendix must comply with the Fourth Circuit Brief & Appendix Requirements. In court-appointed cases, the appendix cannot exceed 250 double-sided sheets without advance permission of the court.
Opening brief	FRAP 31: In civil cases, appellant's opening brief must be filed within 40 days after filing of the briefing order. Loc R 31(a): In criminal cases, appellant's opening brief must be filed within 35 days after filing of the briefing order. FRAP 32(a) (eff. 12/01/2016): The opening brief may not exceed 13,000 words, must be accompanied by a certificate of compliance with type-volume limit if in excess of 30 pages, and must satisfy the Fourth Circuit Brief & Appendix Requirements.
Response brief	FRAP 31: In civil cases, appellee's response brief must be filed within 30 days after service of appellant's opening brief. Loc R 31(a): In criminal cases, appellee's response brief must be filed within 21 days after service of appellant's opening brief. FRAP 32(a): The response brief may not exceed 13,000 words, must be accompanied by a certificate of compliance with type-volume limit if in excess of 30 pages, and must satisfy the Fourth Circuit Brief & Appendix Requirements.
Opening/response brief for cross-appeal	FRAP 28.1: In civil cross-appeals, appellee's opening/response brief must be filed within 30 days after service of appellant's opening brief. Loc R 31(a): In criminal cross-appeals, appellee's opening/response brief must be filed within 21 days after service of appellant's opening brief. FRAP 28.1: The opening/response brief may not exceed 15,300 words, must be accompanied by a certificate of compliance with type-volume limit if in excess of 35 pages, and must satisfy the Fourth Circuit Brief & Appendix Requirements.
Response/reply brief for cross-appeal	FRAP 28.1: In civil cross-appeals, appellant's response/reply brief must be filed within 30 days after service of appellee's opening/response brief. Loc R 31(a): In criminal cross-appeals, appellant's response/reply brief must be filed within 21 days after service of appellee's opening/response brief. FRAP 28.1: The response/reply brief may not exceed 13,000 words, must be accompanied by a certificate of compliance with type-volume limit if in excess of 30 pages, and must satisfy the Fourth Circuit Brief & Appendix Requirements.
Reply brief	FRAP 31: In civil cases, the reply brief must be filed within 21 days after service of the response brief or the response/reply brief. Loc R 31(a): In criminal cases, the reply brief must be filed within 10 days after service of the response brief or the response/reply brief. FRAP 32(a): The reply brief may not exceed 6,500 words, must be accompanied by a certificate of compliance with type-volume limit if in excess of 15 pages, and must satisfy the Fourth Circuit Brief & Appendix Requirements.
Intervenor’s brief	FRAP 16(d): A person wishing to intervene in an agency review proceeding must file a motion for leave to intervene within 30 days after the petition for review is filed. Loc R 28(d): All parties to a side, including intervenors, are required to join in a consolidated brief unless the court grants leave to file a separate brief.
Amicus brief at the merits stage	FRAP 29(a): An amicus curiae must file its brief, accompanied by a motion for filing when necessary, no later than 7 days after the principal brief of the party being supported is filed. An amicus that does not support either party must file its brief no later than 7 days after the appellant's opening brief is filed. The court may grant leave for later filing, specifying the time within which the opposing party may answer. 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): If appellate counsel is convinced, after obtaining and reviewing the entire record in a criminal appeal, that the appeal is frivolous, an Anders brief is filed, raising anything in the record that could possibly support an appeal. A copy of counsel's brief is served on the defendant with a letter advising the defendant that the court will afford him time to raise any issues he may wish to pursue. The court then notifies the defendant that he has 30 days to file his pro se brief under Anders.
Informal opening brief	Loc R 34(b): In pro se cases, the court sets an informal briefing schedule that requires the filing of appellant's informal opening brief within 21 days of service of the briefing order. The court sets a preliminary informal briefing schedule in all non-capital cases in which a certificate of appealability is needed under FRAP 22(b). The preliminary informal briefing schedule requires the filing of an informal opening brief within 21 days of service of the briefing order for the court to use in considering whether to grant a certificate of appealability. No deadline is set for a response brief unless a certificate of appealability is granted.
Informal response brief	Loc R 34(b): In pro se cases, appellee may (but is not required to) file an informal response brief within 14 days after service of the informal opening brief.
Informal reply brief	Loc R 34(b): In pro se cases, appellant may file an informal reply brief within 10 days after service of the informal response brief.
Notice of conflict with proposed argument dates	Loc R 34(c): Counsel must notify the clerk of any conflict with proposed argument dates within the 10-day period established by the notice that a case has been tentatively assigned to a particular argument session.
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: A petition for rehearing must be filed within 14 days after entry of judgment, but in a civil case in which the United States or its agency or officer is a party, any party may file a petition for rehearing within 45 days after entry of judgment. A petition for rehearing must not exceed 3,900 words (15 pages if handwritten or typewritten). A certificate of compliance with type-volume limit is required if produced by computer. Loc R 40(c): The court strictly enforces the time limits for filing petitions for rehearing. The only grounds for extension are the death or serious illness of counsel, a pro se party, or a family member of counsel or a pro se party; or an extraordinary circumstance wholly beyond the control of counsel or a pro se party. Loc R 35(a): A petition for rehearing en banc must be made at the same time and in the same document as a petition for rehearing. FRAP 35(b): A combined petition for rehearing and rehearing en banc may not exceed 3,900 words (15 pages if handwritten or typewritten). A certificate of compliance with type-volume limit is required if produced by computer.
Response to petition for rehearing and/or rehearing en banc	FRAP 40: Unless the court requests, no response to a petition for panel rehearing is permitted. If a response is requested, the court generally allows 10 days. FRAP 35: Unless the court orders, no response may be filed to a petition for rehearing en banc. If a response is ordered, the court generally allows 10 days. A response to a petition for rehearing and/or rehearing en banc may not exceed 3,900 words (15 pages if handwritten or typewritten). A certificate of compliance with type-volume limit is required if produced by computer.
Amicus brief at the petition for rehearing stage	FRAP 29(b): An amicus curiae supporting a petition for rehearing or supporting neither party must file its amicus brief, accompanied by a motion for filing when necessary, no later than 7 days after the petition is filed. An amicus curiae opposing the petition must file its brief, accompanied by a motion for filing when necessary, no later than the date set by the court for the response. 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): A paper copy of the amicus brief is not required at the petition for rehearing stage.
Bill of costs	FRAP 39: A prevailing party who wants costs taxed must file a bill of costs within 14 days after entry of judgment.
Objection to bill of costs	FRAP 39: Objections to a bill of costs must be filed within 14 days after service of the bill of costs.
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): To ensure compliance with the requirement that counsel receiving a written request that a certiorari petition be filed in a criminal case either file a petition for certiorari or move to withdraw on the basis that a certiorari petition would be frivolous, the court requires counsel to file a certiorari status form within 60 days after entry of judgment.
Petition for writ of certiorari	IOP 41.2: A petition for writ of certiorari must be filed with the Supreme Court within 90 days after entry of judgment. The time runs from issuance of the court's decision or from denial of a timely petition for rehearing or rehearing en banc, not from issuance of the mandate.

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Pro Se Handbook– 4th Circuit Court of Appeals –Volume 1 Chapter 3Appellate 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

FRAP 4:

FRAP 13:

FRAP 15:

FRAP 15:

28 USC § 1292(b):

28 USC § 1453(c):

Fed R Civ P 23(f):

FRAP 5:

28 USC § 158(d)(2):

Bankr R 8002 & 8006:

FRAP 5:

FRAP 5:

FRAP 21:

FRAP 21:

FRAP 24:

Loc R 46(c):

Loc R 26.1:

Loc R 3(b):

FRAP 10(b):

FRAP 44:

FRAP 17:

ITEM 1.3.03 | MOTIONS

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:

FRAP 27:

FRAP 27:

ITEM 1.3.04 | BRIEFING & CALENDARING

FRAP 30:

FRAP 31:

Loc R 31(a):

FRAP 32(a) (eff. 12/01/2016):

FRAP 31:

Loc R 31(a):

FRAP 32(a):

FRAP 28.1:

Loc R 31(a):

FRAP 28.1:

FRAP 28.1:

Loc R 31(a):

FRAP 28.1:

FRAP 31:

Loc R 31(a):

FRAP 32(a):

FRAP 16(d):

Loc R 28(d):

FRAP 29(a):

Anders v. California, 388 U.S. 738 (1967):

Loc R 34(b):

Loc R 34(b):

Loc R 34(b):

Loc R 34(c):

ITEM 1.3.05 | POST-DECISION

FRAP 40:

Loc R 40(c):

Loc R 35(a):

FRAP 35(b):

FRAP 40:

FRAP 35:

FRAP 29(b):

Loc R 29(b)(2):

FRAP 39:

FRAP 39:

Loc R 46(d):

Pro Se Handbook
– 4th Circuit Court of Appeals –
Volume 1 Chapter 3
Appellate Deadlines

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