News and Information
February 20, 2019

U.S. Court of Appeals for the Fourth Circuit Seeks Comment on Rule Amendments

The United States Court of Appeals for the Fourth Circuit seeks public comment on two proposed rule amendments, pursuant to Fed. R. App. P. 47(a)(1) and 4th Cir. R. 47(a).

Comments for both are due March 25, 2019.

  • The first concerns Local Rule 35(c) and intends to clarify that a senior judge of the Court may (1) participate in en banc rehearing of a decision of a panel of which the judge was a member or (2) continue to participate in the decision of a case or controversy that was heard or reheard by the en banc court at a time when the judge was in regular active service. For more information and comment process, see: Amendment of Local Rule 35(c) and Withdrawal of March 31, 1993, Standing Order.
     
  • The second concerns Internal Operating Procedure 34.2 and intends to amend I.O.P. 34.2 to provide that if a case is decided without oral argument the decision on the merits “generally will be” rather than “must be” unanimous. For more information and comment process, see: Amendment of Internal Operating Procedure 34.2.
Updated: Feb 20, 2019