4th Cir. I.O.P.- 34.1

The Clerk of Court maintains a list of mature cases available for oral argument and on a

monthly basis merges those cases with a list of three-judge panels provided by a computer program

designed to achieve total random selection.

The composition of each panel usually changes each day during court week except on those

occasions where only one panel is sitting in a given geographical location. Every effort is made to

assign cases for oral argument to judges who have had previous involvement with the case on

appeal through random assignment to a preargument motion or prior appeal in the matter, but there

is no guarantee that any of the judges who have previously been involved with an appeal will be

assigned to a hearing panel. The varied assignment of judges to panels and the independent

assignment of varied cases to panels is designed, insofar as practicable, to assure the opportunity

for each judge to sit with all other judges an equal number of times, and to assure that both the

appearance and the fact of presentation of particular types of cases to particular judges is avoided.

-34.2. Disposition Without Oral Argument.

A decision against oral argument must be unanimous, and if a case is decided without oral

argument the decision on the merits generally will be unanimous also. Whenever at least one

member of the review panel determines that oral argument would be of assistance, the panel notifies

the clerk who places the case on the oral argument calendar.

-34.3. Audio Files of Oral Argument.

It is the practice of the Court to provide a live audio stream of oral arguments and make

argument audio files available on the Court’s Internet site without charge. Counsel are reminded

that the following information should not be included in argument to the Court:

(A) Personal data protected by Fed. R. App. P. 25(a)(5):

(1) social security and taxpayer identification numbers;

(2) dates of birth;

(3) names of minor children;

(4) financial account numbers; and

(5) home addresses in criminal cases.

(B) Criminal case information protected by the Judiciary's Privacy Policy for Electronic Case

Files:

(1) unexecuted summonses or warrants;

(2) pretrial bail or presentence investigation reports;

(3) statements of reasons in the judgment of conviction;

(4) juvenile records;

(5) identifying information about jurors or potential jurors;

(6) financial affidavits filed under the Criminal Justice Act;

(7) ex parte requests to authorize services under the Criminal Justice Act; and

(8) sealed documents (e.g., motions for downward departure for substantial assistance, plea

agreements indicating cooperation, or victim statements).

Any motion to seal argument must be filed on the public docket at least five days before oral

argument, in accordance with Local Rule 25(c)(2). Audio files of sealed arguments will not be

released absent an order of the Court unsealing the argument.

Local Rule 34(b) amended December 1, 1995, June 5, 1996, September 25, 1996, December 1, 1998, October 9, 2003,

April 1, 2008, and December 1, 2009.

Former I.O.P.-34.1 amended and redesignated Local Rule 34(c) December 1, 1995; amended April 1, 2008, and

October 1, 2015.

Former I.O.P.-34.3 amended and redesignated Local Rule 34(d) December 1, 1995; amended December 1, 1998, June

1, 1999, and December 1, 2024.

Former I.O.P.-34.5 redesignated Local Rule 34(e) December 1, 1995; amended December 1, 1998, December 1, 2002,

and December 1, 2009.

I.O.P. -34.3 adopted May 2, 2011; amended April 8, 2015, and August 21, 2023.