US · rules
4th Cir. R. 22(b)
Death Penalty Cases and Motions for Stay of Execution
(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
The link goes to the issuing authority’s own document — the one we read to produce this record. Where a source publishes whole titles rather than sections, your browser may need a moment to jump to the provision.
Unofficial copy of government-published law, reproduced from official sources with full provenance. Not an official publication; verify against official sources before relying on it in a filing. Records in the 'guidance' corpus, and only that corpus, are sub-regulatory (interpretive guidelines, survey procedures) and are not binding law. Validity bounds follow each jurisdiction's declared temporalBasis.