The Fourth Circuit has extended its suspension of the Local Rule 36(a) requirement that published opinions have oral argument. Effective immediately, Chief Judge Gregory has extended Standing Order 20-01, originally adopted on March 23, 2020, to allow for published opinions without argument in “cases assigned for pre-argument review, tentatively calendared, or calendared for argument while in-person argument sessions are suspended due to the coronavirus.” On July 22, 2020, the Fourth Circuit had suspended in-person oral arguments for cases tentatively calendared for the Court’s September 9-11, 2020 oral argument session. This extension of Standing Order 20-01 will allow for published opinions in those cases that had been scheduled for that session without the need for oral argument. The Order requires that for the opinion to be published without argument, there must be unanimous consent of the panel.
For the Court’s full announcement and Order, go here.
–Patrick Kane