US · rules
E.D. Va. Local Civil Rule 83.4
Habeas Corpus and Proceedings in Forma Pauperis
(A) Standard Forms: All pro se petitions for writs of habeas corpora must be filed on a set of
standardized forms to be supplied, upon request, by the Clerk without cost to the petitioner. Counsel filing
a petition for writ of habeas corpus need not use a standardized form, but any petition shall contain
essentially the same information as set forth on said form.
(B) Filing of Cases by Prisoners In Forma Pauperis: If a party desires to file a proceeding in forma
pauperis under 28 U.S.C. §§ 1915(a), and if the party desiring to file such proceeding is then confined to
a state or federal penal institution, the party shall, within thirty (30) days of the receipt of any order,
accomplish one of the following:
(1) Remit the required filing fee to the Clerk, or
(2) Request an extension of time within which to pay the required fee and thereafter pay same, or
(3) Cause to be filed a statement of the prison account of the party showing (a) the amount on
deposit in the prison account at the period beginning six months immediately preceding the
submission of the complaint or petition herein, and (b) the deposits to that prison account within
the six-month period, including the source of said funds so deposited in said account and the
reasons for any withdrawal therefrom.
(C) Effect of Permitting Partial Payment; Reconsideration of Status: Permission to proceed in forma
pauperis by making a partial payment shall not be construed as authorizing the order of successive later
payments after the order has been entered authorizing the party to proceed in forma pauperis. Whenever
it appears that there may have been a change in the party's financial condition, the Court may reconsider
whether the party may continue to proceed in forma pauperis.
(D) Site of Evidentiary Hearings – Prisoner Cases: At its discretion, the Court may conduct evidentiary
hearings in prisoner cases at any penal institution in Virginia.
Provenance
- Source
- www.vaed.uscourts.gov
- Retrieved
- 2026-09-18
- Edition
- fed-district-2026-09-18
- Content hash
3e2ae25ca0cfb99727818dcc36b148100ebefb452487350490cffb15cc5cd74d
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