Post Judgment Instruments
- A Notice of Appeal shall be filed
with the Clerk of the U.S. District Court.
1. Filing Fee: Click HERE for Fee Schedule
2. Motion to file In Forma Pauperis
- In civil proceedings an aggrieved party generally
has 30 days from entry of judgment or other appealable
disposition to file a Notice of Appeal. See Fed.R.App.P.
In criminal proceedings, an appeal
must be filed within fourteen days after entry of judgment
or order upon which the appeal is based. See Fed.R.
- Appeals from either a magistrate judge's order where
consent has been given under 28 USC § 636 for final
order or judgment or a district judge's order shall be
taken to the Fourth Circuit Court of Appeals in Richmond,
- If an aggrieved party appeals a judgment of conviction
by a magistrate judge in a misdemeanor criminal case
to a district judge, there is a filing fee. Click HERE for Fee Schedule.
- When you appeal a decision of a bankruptcy judge,
you must file your Notice of Appeal with the Bankruptcy
Court. The bankruptcy Court will transmit the appeal
to the Clerk of the District Court. Once the transmittal
arrives at the District Court, it will be assigned a
civil action number and a district judge by random draw.
All future pleadings filed in the appeal should be filed
in the district clerk's Office and bear the caption
of the District Court and the civil action number.
Post Judgment Relief
- To Certify a Judgment:
- The party submits a written request for preparation of a
Clerk's Certification of a Judgment to be Registered in Another District.
- The party remits a fee for certification plus
a fee for the judgment to be copied. Reproduction
of the judgment must be done by the court. Click HERE for Fee Schedule
- The Clerk's Office completes the certificate and notifies the
requesting party that it is ready to be mailed or available to
be picked up.
- The party may then contact the district of intended registration
of judgment for further filing requirements.
- For Registration of Judgment from Another District:
- The party obtains a Clerk's Certification of a Judgment to be Registered in Another District from the court which entered the original
- Upon remittance
of a filing fee(Fee Schedule), the certificate is filed and assigned a miscellaneous
Writ of Execution
- Writ of Execution forms (Word) (WordPerfect) are available from the Clerk's Office and are to be prepared by the requesting party.
- The original and two copies of the Writ of Execution are required for issuance.
- The Writ of Execution will be returned to the requesting party. You will need to contact the U.S. Marshal's Office for instructions on the execution.
- There is no fee required by the Clerk for filing and issuing a Writ of Execution. The U.S. Marshal's Office will charge you a fee for execution.
Bill of Costs
- A Bill of Costs is prepared and filed by the prevailing party.
The Bill of Costs should reflect all costs incurred
by the party, including the applicable filing fee, if
the plaintiff is the prevailing party. The Clerk's Office
does not monitor fees or costs incurred during a suit
except for those filing fees remitted to this court.
(See U.S.C. 28:1920, 1923 and Local Civil Rule 54.03.)
- Pursuant to Federal Rule of Civil Procedure 54(d)(1),
the Bill of Costs may be taxed by the Clerk's Office.
However, if there is an objection to the Bill of Costs
before it is scheduled to be taxed, it will be submitted
to the judicial officer assigned to the case. The Clerk's
Office is not responsible for collecting or assisting
in the collection of these costs.
An apostille may be prepared only for those countries which are parties to the Hague Convention. The Clerk's Office will execute an apostille for a document that is filed in a case in its custody. For all other documents, contact:
|Office of Foreign Litigation
Civil Division, Department of Justice
Washington, D. C. 20530