Post Judgment Matters

Post Judgment Instruments

1. A Notice of Appeal shall be filed with the Clerk of the U.S. District Court.

1. Filing Fee: Click HERE for Fee Schedule
or
2. Motion to file In Forma Pauperis

2. 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. 4(a).

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. App.P. 4(b).

3. 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, Virginia.
4. 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.
5. 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

1. To Certify a Judgment:
1. The party submits a written request for preparation of a Clerk's Certification of a Judgment to be Registered in Another District.
2. 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
3. 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.
4. The party may then contact the district of intended registration of judgment for further filing requirements.
   
   

2. For Registration of Judgment from Another District:
1. The party obtains a Clerk's Certification of a Judgment to be Registered in Another District from the court which entered the original judgment.
2. Upon remittance of a filing fee(Fee Schedule), the certificate is filed and assigned a miscellaneous case number.

Writ of Execution

1. Writ of Execution forms (Word) (WordPerfect) are available from the Clerk's Office and are to be prepared by the requesting party.
2. The original and two copies of the Writ of Execution are required for issuance.
3. 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.
4. 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

1. 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.)
2. 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.

Apostilles

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: