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US · rules

4th Cir. R. 22(b)

Death Penalty Cases and Motions for Stay of Execution

activein force · 2012-07-02 – presentact-effective-date

(1) Statement Certifying Existence of Sentence of Death. Whenever a petition for writ of

habeas corpus or motion to vacate a federal sentence in which a sentence of death is involved is filed

in the district court or the Court of Appeals, the petitioner shall file with the petition a statement

certifying the existence of a sentence of death and the emergency nature of the proceedings and

listing any proposed date of execution, any previous cases filed by petitioner in federal court and

any cases filed by petitioner pending in any other court. The clerk of the district court shall

immediately forward to the Court of Appeals a copy of any such statement filed, and shall

immediately notify by telephone the Court of Appeals upon issuance of a final order in that case. If

a notice of appeal is filed, the clerk of the district court shall transmit the available record forthwith.

The clerk of the Court of Appeals will maintain a special docket for such cases and these cases shall

be presented to the Court of Appeals on an expedited basis.

(2) Lodging of Documents. In cases in which an execution date has been set, counsel shall

lodge with the clerk of the Court of Appeals all district court documents as they are filed and any

pertinent state court materials. If an execution date is imminent, counsel may also lodge proposed

appellate papers in anticipation of having to seek emergency appellate relief.

(3) Motion for Stay of Execution. Any motion for stay of execution shall be considered initially

in conjunction with any pending application for a certificate of appealability. Should a party file a

motion to stay execution or a motion to vacate an order granting a stay of execution, the following

documents shall accompany such motion:

(a) The habeas petition or motion to vacate filed in the district court;

(b) Each brief or memorandum of authorities filed by either party in the district court;

(c) Any available transcript of proceedings before the district court;

(d) The memorandum opinion giving the reasons advanced by the district court for denying

relief;

(e) The district court judgment denying relief;

(f) The application to the district court for stay;

(g) Any certificate of appealability or order denying a certificate of appealability;

(h) The district court order granting or denying a stay and a statement of reasons for its

action; and

(i) A copy of the docket entries of the district court.

Provenance

Source
uscourts.gov
Retrieved
2026-09-18
Edition
2026-09-18
Content hash
2cff9a071583b4f71aa1b1a70f7287cd610416163d57f62be9365919440aaec5
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