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Fourth Circuit Rules Changes Final, Effective October 1

By Robyn Hagan Cain on October 01, 2012 | Last updated on March 21, 2019

Remember those proposed changes to the Fourth Circuit Court of Appeals local rules that we mentioned in August? They're official, final, and effective today.

It just got real, people.

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

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

The old version stated: 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.

The amendment to Local Rule 46(b) increased the application fee for admission to the Fourth Circuit Court of Appeals bar from $20 to $40. (The old application fee for admission to practice before the court was $196. The new application fee, with the adjusted bar fee, is $216.) The fee 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."

Interested in brushing up on all of the local rules? The Fourth Circuit Court of Appeals Rulebook is available on the U.S. Courts website.

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