US · rules
4th Cir. R. 34(b)
Informal Briefs
Whenever the Court determines pursuant to Local Rule 22(a) that briefing is appropriate on an
appeal in a non-capital case from the denial of a writ of habeas corpus or of a motion under 28
U.S.C. § 2255, or whenever any pro se appeal is filed from any other type of judgment or order, the
clerk shall notify the appellant that appellant shall file, within 21 days after service of such notice,
an informal brief, listing the specific issues and supporting facts and arguments raised on appeal.
Appellee is permitted, but not required, to file an informal response brief within 14 days after service
of appellant's informal brief, and appellant is permitted, but not required, to file an informal reply
brief within 10 days after service of appellee's informal response brief. Appellant's informal brief
and any informal response and reply briefs filed by the parties shall be considered, together with the
record and other relevant documents, by the panel to which the proceeding has been referred. The
Court will limit its review to the issues raised in the informal brief.
The informal brief may be submitted on a form provided by the clerk and shall provide the
specific information required by the form. The parties need not limit their briefs solely to the form.
An additional supporting memorandum may be attached if a party deems it necessary in order to
address adequately the issues raised, but the informal brief and any supporting memorandum shall
not exceed the length limitations established by FRAP 32(a)(7). It is unnecessary to attach record
excerpts since the record is before the Court. It is not necessary to cite cases in an informal brief.
Unless additional copies are requested by the Clerk, only the original informal brief must be filed
with the Court and copies served on the other parties to the case.
Once an informal briefing schedule has been established the parties may file a formal brief only
with the permission of the Court. The Court initially reviews cases that are informally briefed under
its procedures set forth in Local Rule 34(a) pertaining to pre-argument review.
If the panel reviewing an informal brief submitted by an indigent pro se litigant determines that
further briefing and possible oral argument would be of assistance, counsel will be appointed and
directed to file additional formal briefs. In any appeal that has been informally briefed, the Court
may direct that additional briefs be filed prior to oral argument.
Provenance
- Source
- uscourts.gov
- Retrieved
- 2026-09-18
- Edition
- 2026-09-18
- Content hash
6daa639bff9a873598b5966c49dbe5e20df706223572ca93ecffae68c3e170d8
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.