Fourth Circuit Changes the Rules

By Robyn Hagan Cain on August 13, 2012 | Last updated on March 21, 2019

The rules are changing.

The Fourth Circuit Court of Appeals announced two proposed rule changes on Monday, one of which will cost appellate practitioners more money.

The affected rules are Local Rule 41(a) and Local Rule 46(b).

The proposed amendment to Local Rule 41, Motion for Stay of the Mandate, alters the local rule to conform to Federal Rule of Appellate Procedure 41(d)(2)(a). Currently the rule states:

A motion for stay of the issuance of the mandate shall not be granted simply upon request. Ordinarily the motion shall be denied unless there is a specific showing that it is not frivolous or filed merely for delay. The motion must present a substantial question or set forth good or probable cause for a stay. Stay requests are normally acted upon without a request for a response.

The relevant portion of the amended Local Rule 41 provides: A motion to stay the mandate pending the filing of a petition for certiorari must show that the certiorari petition would present a substantial question and set forth good cause for a stay.

Local Rule 46(b) addresses the criteria for admission to practice before the Fourth Circuit Court of Appeals. The proposed amendment to the rule increases the application fee for admission to the Fourth Circuit bar.

Luckily, this amendment isn't all about the Benjamins; instead, the fee increase will only set you back a Jackson. The proposed amendment to Local Rule 46(b) increases the local attorney admission fee by $20.

Currently, the application fee is $196. If the proposed amendment is accepted, the application fee will be $216. The entire increase will be deposited to a fund maintained by the Fourth Circuit for "the benefit of the bench and bar in the administration of justice."

Like the changes? Hate them? Need to cross "commenting on a proposed rule change" off your bucket list? You can submit comments about the proposed amendments on or before September 24, 2012, to:

Patricia S. Connor, Clerk
U.S. Court of Appeals for the Fourth Circuit
1100 E. Main Street, Suite 501
Richmond, Virginia 23219

The proposed amendments to Local Rules 41(a) and 46(b) will become effective on October 1, 2012.

Related Resources:

Fourth Circuit Court of Appeals Rulebook (US Courts)
FindLaw's Fourth Circuit Blog (FindLaw)
Browse Fourth Circuit Court of Appeals Cases (FindLaw)