Practicing before the United States Court of Appeals for the Fourth Circuit: A Guide from Start to Finish


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Practicing before the United States Court of Appeals for the Fourth Circuit:

A Guide from Start to Finish

© 2021

 

Editors:

Beth Burke Richardson, Esq.

Thomas E. Vanderbloemen, Esq.

 

Contributing Authors:

Tina M. Cundari

Joshua W. Dixon

Professor James F. Flanagan

Rachel M. Hutchens

Stephanie E. Lewis

Beth Burke Richardson, Esq. 

Jonathan A. Roth

Kirsten E. Small

Amy Hendrix Smith

Edward G. Smith

Robert E. Stepp

Kathleen M. Stoughton 

Thomas E. Vanderbloemen, Esq. 

William J. Watkins, Jr.


Numerous books and articles have been written about federal practice, including the handling of appeals in the federal courts; however, the contributors to this book believed there was a need for a similarly useful reference for lawyers practicing before the Fourth Circuit. These authors' experiences at the United States Court of Appeals for the Fourth Circuit include serving as federal law clerks and appearing as federal practitioners in both civil and criminal matters. Combined, these authors have attended hundreds of oral arguments and read countless appellate briefs. They wanted to share their knowledge and experience and provide pointers, starting points for research of more common issues, relevant rules, and cases.

The Fourth Circuit hears appeals from federal district courts situated in South Carolina, as well as North Carolina, Virginia, West Virginia, and Maryland. It also hears appeals related to certain federal agency matters. This guide is intended to provide information and tips on the major stages of an appeal to the Fourth Circuit and some commonly asked questions. In particular, the book:
 

  •  Addresses the fundamentals of filing an appeal, including the details of what can be appealed, when to appeal, how to appeal, and preserving issues so that they can be appealed.
  •  Provides an overview of the mediation process and its benefits, as well as tips for those who participate.
  •  Provides details, tips, and examples of some commonly filed motions.
  •  Outlines the requirements concerning briefing and the preparation of a joint appendix.
  •  Provides helpful information for lawyers about preparation and the process surrounding briefing the case.
  •  Provides a glimpse into how the court handles the writing and publication of opinions, the criteria for why opinions are often published, and the legal meaning of the various types of conclusions the court may reach in a given appeal.
  •  Provides valuable tips from the Clerk’s Office and members of the court.
  •  Provides the historical perspective of the Fourth Circuit, including interesting facts and background about the court, the creation of the court and its composition over time, and a listing of all current and past judges of the United States Court of Appeals for the Fourth Circuit.

Practicing before the United States Court of Appeals for the Fourth Circuit: A Guide from Start to Finish is a useful resource that will help attorneys feel more comfortable before the Fourth Circuit so that they can focus their efforts on providing their clients and colleagues with skilled representation and effective advocacy. Each purchase of the book will include a download of the book text and the sample forms. 

What Bar members are saying about this book:

"Thank you very much for this publication! Like many lawyers, I don't go to Richmond often. Each time I have an appeal, I have a number of questions that official publications do not seem to answer. I end up doing what most South Carolina lawyers do - I email and call the authors. This book addresses a multitude of procedural, substantive, and strategic issues in a very accessible way. They know what questions we have and deliver exactly the answers we need.
This book will be a best seller throughout the Fourth Circuit. It is a must have that belongs on every South Carolina lawyer's shelf right next to Chief Justice Toal's treatise."
Brian P. Murphy
Stephenson & Murphy, LLC
Greenville, SC


 

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The South Carolina Bar is an accredited CLE provider in South Carolina only. Attorneys are responsible for seeking their own credit in other jurisdictions.

Disclaimer: The views expressed in CLE programs and publications do not necessarily reflect the opinions of the South Carolina Bar, its sections, or committees.

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