Pro Se Handbook
– 4th Circuit Court of Appeals –
Volume 1 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. |
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
