Virginia is in the Fourth Circuit. The United States Court of Appeals for the Fourth Circuit hears federal appeals from Virginia, Maryland, North Carolina, South Carolina, and West Virginia, covering nine federal district courts across those five states.
What the Fourth Circuit Does
The Fourth Circuit is one of twelve regional federal appeals courts. It reviews decisions from federal trial courts in its five-state territory and hears appeals from certain federal administrative agencies.1United States Court of Appeals for the Fourth Circuit. About the Court The caseload runs across federal criminal matters, civil rights disputes, immigration, regulatory challenges, and essentially any other area of federal law.
When the Fourth Circuit issues a published opinion, that opinion becomes binding precedent on every federal trial court in Virginia and the four other states in the circuit. The ruling stands until the Fourth Circuit itself reverses course or the U.S. Supreme Court steps in.
Congress has authorized 15 active judgeships for the court.2Office of the Law Revision Counsel. 28 USC 44 – Appointment, Tenure, Residence and Salary of Circuit Judges Appeals are decided by three-judge panels drawn at random, often with a senior judge rounding out the panel.
Where the Court Sits
The Fourth Circuit is headquartered at the Lewis F. Powell, Jr. United States Courthouse at 1100 East Main Street in Richmond, Virginia.3United States Court of Appeals for the Fourth Circuit. United States Court of Appeals for the Fourth Circuit The clerk’s office operates from Richmond, and all filings and official correspondence move through that office.4United States Court of Appeals for the Fourth Circuit. Contact
Richmond is home base, but the court holds special sessions elsewhere in the circuit during the term, including at the University of Richmond, the University of Virginia, and West Virginia University.5United States Court of Appeals for the Fourth Circuit. Oral Argument Calendar
How a Virginia Case Gets to the Fourth Circuit
Federal cases in Virginia begin in one of two trial courts. The Eastern District of Virginia includes Alexandria and Norfolk. The Western District of Virginia has courthouses in Roanoke, Abingdon, Charlottesville, Harrisonburg, and Lynchburg.6United States District Court. United States District Court Western District of Virginia Any appeal from either district goes to the Fourth Circuit.
The Eastern District has a longstanding reputation as one of the fastest federal courts in the country, sometimes called the “Rocket Docket,” and cases there can move from filing to trial in months. That pace means a losing party may need to be ready to appeal quickly.
Deadlines to File a Notice of Appeal
The clock starts when judgment is entered, and the deadlines are enforced strictly.7Legal Information Institute. Federal Rules of Appellate Procedure Rule 4 – Appeal as of Right – When Taken
- Civil cases: 30 days after the judgment is entered.
- Civil cases involving the federal government: 60 days for any party, when the United States, a federal agency, or a federal officer sued in an official capacity is involved.
- Criminal cases: 14 days for a defendant.
Missing these deadlines can end an appeal before it starts. Extensions are rare.
The Filing Fee
The filing fee for a federal appeal is $605. A party who cannot afford it can apply to proceed in forma pauperis by filing an affidavit about their finances, and someone who already has that status from the trial court can usually carry it into the appeal without reapplying. Prisoners must submit a six-month trust fund account statement and consent to installment collection at 20% of monthly deposits. A prisoner with three or more prior cases dismissed as frivolous cannot proceed without prepaying the full fee unless they face imminent danger of serious physical injury.8United States Court of Appeals for the Fourth Circuit. Rule 24 – Proceeding in Forma Pauperis
After the Fourth Circuit Rules
A losing party can ask the panel to reconsider by filing a petition for rehearing. The deadline is 14 days after judgment, or 45 days if the United States or a federal agency is a party. In the Fourth Circuit, a petition for rehearing en banc, which asks all active judges to reconsider the panel’s decision, must be filed in the same document as the rehearing petition. Extensions are granted only for death or serious illness of counsel or a party, or for extraordinary circumstances completely beyond anyone’s control.9United States Court of Appeals for the Fourth Circuit. Appellate Deadlines
Beyond the Fourth Circuit, the remaining option is petitioning the U.S. Supreme Court for a writ of certiorari within 90 days after the Fourth Circuit enters its final judgment.10Legal Information Institute. Supreme Court Rule 13 – Review on Certiorari: Time for Petitioning The Supreme Court historically accepts around 1 to 2 percent of petitions, so for most litigants the Fourth Circuit’s ruling is the final word.