Court Rules
Senior Judge

Judge John A. Gibney, Jr.

Individual Rules, Standing Orders & Policies

Rules last changed:
Eastern District of Virginia

Communication

Phone

Clerk

Alexandria: (703) 299-2100, Newport News: (757) 247-0784, Norfolk: (757) 222-7201, Richmond: (804) 916-2220
Cases:
Filters:AllMandatoryImportantFormattingMemorandaCertificatesTRO/InjunctionECF FilingElectronicsRedactionsOral Argument

Document Format Requirements3 rules

Formatting

Machine summary. Not checked yet.Mandatory?

Counsel shall also submit two paper copies, using unfolded 8½ x 11 paper, of the memorandum in support of the Motion to file, the HSD sought to be filed, and a certificate of service

Summary: Two paper copies on unfolded 8.5x11 paper of memorandum, HSD, and certificate of service must be submitted.

Second Amended HSD Standing Order 4142021 · Apr 2021 · p. 4
|Sec2. Motions to File, Filing, and Service of HSDs
Formatting

Machine summary. Not checked yet.Mandatory?

the Pro Se party shall submit to the Clerk’s office for filing a motion to treat a document as an HSD, the HSD sought to be filed, and a certificate of service in the form of two paper copies, using unfolded 8½ x 11 paper.

Summary: Pro se party must submit two paper copies on unfolded 8.5x11 paper of motion, HSD, and certificate of service.

Second Amended HSD Standing Order 4142021 · Apr 2021 · p. 4
|SecIf a party proceeds Pro Se without CM/ECF privileges
Formatting

Machine summary. Not checked yet.Important?

However, when the HSD exceeds fifty pages, counsel must also provide the documents to the Court on a secure electronic device;

Summary: If HSD exceeds 50 pages, provide documents on a secure electronic device.

Applies When:Page Threshold > 50
Second Amended HSD Standing Order 4142021 · Apr 2021 · p. 4
|Sec2. Motions to File, Filing, and Service of HSDs

Document Filing Requirements13 rules

Filing Requirements

Machine summary. Not checked yet.Mandatory?

To remove documents designated in Section 1(a) from HSD status, the United States Attorney must file a motion that explains to the Court the reasons for doing so. Such motions must be filed pursuant to Section 2 below.

Summary: The United States Attorney must file a motion explaining reasons to remove HSD status from Section 1(a) documents.

Document Type

Motion To Remove Hsd Status

Specific requirements detailed in rule text.
Second Amended HSD Standing Order 4142021 · Apr 2021 · p. 1
|Sec1. Documents Subject to this Order: General Definition 'HSDs'
Filing Requirements

Machine summary. Not checked yet.Mandatory?

The motion shall explain why such document is highly sensitive or why it should otherwise be subject to the heightened protection for HSDs. A request for HSD designation shall be accompanied by a certification, subject to Federal Rule of Civil Procedure 11 where applicable, of the movant’s good faith belief that the material meets the criteria set forth in Section 1, above;

Summary: Motion to seal must explain why document is highly sensitive and include a certification of good faith belief.

Document Type

Motion To Seal

Specific requirements detailed in rule text.
Second Amended HSD Standing Order 4142021 · Apr 2021 · p. 3
|Sec2. Motions to File, Filing, and Service of HSDs
Filing Requirements

Machine summary. Not checked yet.Mandatory?

these documents shall be submitted to the Clerk’s Office in a sealed envelope marked “HIGHLY SENSITIVE DOCUMENT.” The outside of the envelope shall be affixed with a copy of the HSD’s caption page (with confidential information redacted), along with the CM/ECF placeholder document number described in Section 2(b).

Summary: Documents must be submitted in a sealed envelope marked 'HIGHLY SENSITIVE DOCUMENT' with caption page and placeholder number affixed.

Document Type

Hsd Package

Content & Formatting
Caption
Second Amended HSD Standing Order 4142021 · Apr 2021 · p. 4
|Sec2. Motions to File, Filing, and Service of HSDs
Filing Requirements

Machine summary. Not checked yet.Mandatory?

the Pro Se party shall submit to the Clerk’s office for filing a motion to treat a document as an HSD, the HSD sought to be filed, and a certificate of service

Summary: Pro se party must submit motion to seal, HSD, and certificate of service to Clerk's office.

Document Type

Hsd Package Pro Se

Content & Formatting
Certificate Of Service
Second Amended HSD Standing Order 4142021 · Apr 2021 · p. 4
|SecIf a party proceeds Pro Se without CM/ECF privileges
Filing Requirements

Machine summary. Not checked yet.Mandatory?

A party’s motion to remove alleged HSD materials or a highly sensitive case from the Court’s electronic filing system shall explain why such document or case is highly sensitive under the criteria set out in Section 2 above or why it should otherwise be subject to the heightened protection for HSDs.

Summary: Motions to remove HSDs from the electronic filing system must explain why the document or case is highly sensitive.

Document Type

Motion To Remove Hsd

Specific requirements detailed in rule text.
Second Amended HSD Standing Order 4142021 · Apr 2021 · p. 5
|SecRemoval of Existing HSDs or Highly Sensitive Cases from the Court’s Electronic Filing System
Filing Requirements

Machine summary. Not checked yet.Mandatory?

The Pro Se party shall explain why the proposed document is an HSD or why it should otherwise be subject to the heightened protection accorded to HSDs;

Summary: Pro Se parties must include an explanation in their motion to seal of why the document is an HSD or should receive heightened protection.

Document Type

Motion To Seal

Specific requirements detailed in rule text.
Second Amended HSD Standing Order 4142021 · Apr 2021 · p. 5
|SecIf a party proceeds Pro Se without CM/ECF privileges
Filing RequirementsCriminal cases

Machine summary. Not checked yet.Mandatory?

It is, therefore, ORDERED that any Transportation Order directing the transportation of defendants or other prisoners for purposes of debriefings or interviews may be filed under seal by placing the words UNDER SEAL on the face sheet of the Order.

Summary: Transportation Orders filed under seal must have 'UNDER SEAL' on the face sheet.

Document Type

Transportation Order

Specific requirements detailed in rule text.
Filing RequirementsCivil cases

Machine summary. Not checked yet.Mandatory?

Effective immediately, if a party believes that oral argument is appropriate, that party shall file a separate motion requesting oral argument with an accompanying memorandum in support thereof. In the supporting memorandum, the party shall specify the issues to be addressed at oral argument. Further, the party shall address why those issues cannot be addressed sufficiently in a filing with the Court.

Summary: Parties must file a separate motion for oral argument with a memorandum specifying issues and explaining why filing is insufficient.

Document Type

Motion Requesting Oral Argument

Specific requirements detailed in rule text.
Revised Standing Order in SS Cases · Sep 2023 · p. 1
|SecREVISED STANDING ORDER IN SOCIAL SECURITY CASES
Filing RequirementsCivil cases

Machine summary. Not checked yet.Mandatory?

Further, in all briefs submitted by the Government in a Social Security appeal, the Assistant United States Attorney that signed the brief shall certify that they have personally reviewed the brief, including all of the facts and case law contained therein, and that they stand by every sentence written therein, regardless of who initially drafted the brief. This certification must be filed with every substantive brief filed by the Commissioner in a Social Security appeal. Absent this certification, the Commissioner’s brief shall be stricken, and the Court will address the issues based on the remaining pleadings and submissions from the parties in the case.

Summary: Government briefs in Social Security appeals must include a certification by the AUSA that they have personally reviewed and stand by the brief; failure to include results in the brief being stricken.

Document Type

Brief

Specific requirements detailed in rule text.
Standing Order re Gov't Briefs SLS · Sep 2023 · p. 1
|SecSTANDING ORDER IN SOCIAL SECURITY CASES
Filing RequirementsCriminal cases

Machine summary. Not checked yet.Mandatory?

Each worksheet should include the guidelines used when the defendant was originally sentenced; any reductions to that sentence due to Fed. R. Crim. P. 35(b) motions, the First Step Act, or other adjustments; a summary of the defendant's conduct while incarcerated; and the new guideline range resulting from application of Amendment 821

Summary: Recalculation worksheet must include original guidelines, reductions, conduct summary, and new guideline range.

Document Type

Recalculation Worksheet

Specific requirements detailed in rule text.
Filing RequirementsCriminal cases

Machine summary. Not checked yet.Important?

Within fourteen (14) days of receiving the ECF, counsel of record shall acknowledge receipt and may seek reappointment.

Summary: Counsel must acknowledge receipt of retroactive worksheets within 14 days.

Document Type

Acknowledgment Of Receipt

Specific requirements detailed in rule text.
Filing RequirementsCivil cases

Machine summary. Not checked yet.Important?

for every issue raised in a Social Security appeal, all counsel must first address any relevant Fourth Circuit case law. If no relevant Fourth Circuit case law exists on a particular issue, counsel will state as much before citing to case law from sister circuits.

Summary: In Social Security appeals, counsel must first address relevant Fourth Circuit case law or state that none exists before citing other circuits.

Document Type

Brief

Specific requirements detailed in rule text.
Standing Order re Gov't Briefs SLS · Sep 2023 · p. 1
|SecSTANDING ORDER IN SOCIAL SECURITY CASES
Filing RequirementsCivil cases

Machine summary. Not checked yet.Important?

In each of the certifications for currently pending cases, the Government shall include any Fourth Circuit case law that is relevant to an issue in the case that was not included in the Commissioner’s previous submission(s) to the Court in that case.

Summary: Certifications for pending Social Security appeals must include any relevant Fourth Circuit case law not previously submitted.

Document Type

Certificate

Specific requirements detailed in rule text.
Standing Order re Gov't Briefs SLS · Sep 2023 · p. 2
|SecSTANDING ORDER IN SOCIAL SECURITY CASES

Filing & Service rules

Electronic Filing Rules

CJA panel attorneys must comply with electronic-filing and eVoucher requirements.

CJA panel attorneys must comply with the requirements of electronic filing and eVoucher.

Checked against the court's document on Oct 4, 2026 · Criminal cases

Page 21 | XI. Duties of CJA Panel Members

Requests for authorization of investigative, expert, and other services must be submitted through the court’s eVoucher system by filing the applicable AUTH or BUDGETAUTH, or as instructed by the Case Budgeting Attorney.

Requests for authorization of funds for investigative, expert, and other services must be submitted using the court’s eVoucher systemby filing an AUTH or BUDGETAUTH as applicable and/or as instructed by the Case Budgeting Attorney.

Checked and corrected to match the court's document on Oct 4, 2026 · Criminal cases

Page 23 | B. Applications

The Clerk must publish the Standing Order on the Court website and file it electronically in current and future Social Security cases.

Let the Clerk publish this Standing Order on the Court's website and file this Standing Order electronically in current and future Social Security cases.

Checked against the court's document on Oct 4, 2026 · Civil cases

Page 1 | STANDING ORDER

Compensation claims must be submitted on the appropriate CJA form through the court’s eVoucher system.

Claims for compensation must be submitted on the appropriate CJA form through the court’s eVoucher system.

Not confirmed. Read the court's wording below. · Criminal cases

Page 22 | XII. Compensation of CJA Panel Attorneys — B. Payment Procedures

Highly sensitive documents must be filed outside the Court's electronic filing system.

require all parties to file certain highly sensitive documents outside of the Court’s electronic filing system.

Machine summary. Not checked yet.

Page 1 | Preamble

The proposed HSD must not be filed electronically; a blank placeholder is attached to the motion instead.

a copy of the proposed HSD shall NOT be filed electronically. Instead, a blank placeholder document shall be attached to the motion in place of the proposed HSD to reserve the docket number.

Machine summary. Not checked yet.

Page 3 | 2. Motions to File, Filing, and Service of HSDs

Proposed HSDs must not be filed electronically.

a copy of the proposed HSD shall NOT be filed electronically.

Machine summary. Not checked yet.

Page 5 | If a party proceeds Pro Se without CM/ECF privileges

Sealed documents must be filed electronically in CM/ECF, but litigants cannot access them electronically.

Sealed documents should once again be filed electronically in CM/ECF under the E-Filing procedures in place prior to July 29, 2025, as amended by any future updates to those procedures. Although electronic filing of sealed documents will resume, litigants will no longer be able to access or view such sealed documents by electronic means.

Machine summary. Not checked yet.

Page 1 | Electronic Filing & Access to Sealed Documents

Memorandum containing highly sensitive information may be delivered in printed form, not filed via CM/ECF.

If the memorandum in support of the motion contains highly sensitive information necessary to explain the basis for classification as an HSD, the memorandum may be served on any opposing party and delivered (but not filed via CM/ECF) in printed form to the presiding judge.

Machine summary. Not checked yet.

Page 3 | 2. Motions to File, Filing, and Service of HSDs

Filing Timing and Cure Windows

The HSD must be delivered to the Clerk's office as soon as practicable after the motion is filed.

As soon as practicable after the motion is filed, the filing party shall deliver to the Clerk's office the HSD sought to be filed along with a certificate of service.

Machine summary. Not checked yet.

Page 3 | 2. Motions to File, Filing, and Service of HSDs

For cases with summary judgment motions already filed, parties have 5 business days from entry of this order to file a motion for oral argument.

For all cases in which motions for summary judgment were filed before entry of this Revised Standing Order, the parties shall have five (5) business days from the date of entry of this Revised Standing Order to submit a motion requesting oral argument and accompanying memorandum.

Machine summary. Not checked yet. · Civil cases

Page 1 | REVISED STANDING ORDER IN SOCIAL SECURITY CASES

Motion for oral argument must be filed by the date the party files a motion for summary judgment.

The motion requesting oral argument and accompanying memorandum in support shall be filed not later than the date on which the party requesting oral argument files a motion for summary judgment.

Machine summary. Not checked yet. · Civil cases

Page 1 | REVISED STANDING ORDER IN SOCIAL SECURITY CASES

Government must file the certification for pending Social Security appeals within 14 days of the Standing Order.

In all currently pending Social Security appeals that are ripe for review, the Government shall file this certification within fourteen (14) days of the date of this Order.

Machine summary. Not checked yet. · Civil cases

Page 1 | STANDING ORDER IN SOCIAL SECURITY CASES

Defense counsel must move to be re-appointed or decline within 14 days of worksheet filing.

within 14 days of the worksheet being filed, defense counsel of record should move to be re-appointed or decline re-appointment.

Machine summary. Not checked yet. · Criminal cases

Page 1 | STANDING ORDER

Compensation claims should be submitted within 45 days after final disposition, unless good cause is shown.

Claims for compensation should be submitted no later than 45 days after final disposition of the case, unless good cause is shown.

Not confirmed. Read the court's wording below. · Criminal cases

Page 22 | XII. Compensation of CJA Panel Attorneys — B. Payment Procedures

Counsel must acknowledge receipt of retroactive worksheets within 14 days.

Within fourteen (14) days of receiving the ECF, counsel of record shall acknowledge receipt and may seek reappointment.

Machine summary. Not checked yet. · Criminal cases

Page 2 | Standing Order

Absent extraordinary circumstances, the court expects to act on compensation claims within 30 days, and vouchers should not be delayed or reduced to diminish program costs in response to adverse financial circumstances.

Absent extraordinary circumstances, the court expects to act on CJA compensation claims within 30 days of submission, and vouchers should not be delayed or reduced for the purpose of diminishing Defender Services program costs in response to adverse financial circumstances.

Not confirmed. Read the court's wording below. · Criminal cases

Page 22 | XII. Compensation of CJA Panel Attorneys — B. Payment Procedures

Service and Proof of Service Rules

HSD service: civil cases by Civil Rule 5(b)(2) except e-service; criminal cases by Criminal Rule 49(a)(3)(B) or (a)(4).

The filing party shall serve the HSD on the other parties as follows: i. Civil cases - by any manner specified in Civil Rule 5(b)(2), except for service via the Court’s electronic filing system; or ii. Criminal cases - by any manner specified in Criminal Rule 49(a)(3)(B) or (a)(4).

Machine summary. Not checked yet.

Page 4 | 2. Motions to File, Filing, and Service of HSDs

Sealed documents must be served by other means (not through CM/ECF); proof of service is required.

Because sealed documents filed in CM/ECF will not be accessible or viewable by litigants electronically, service of those documents can no longer be accomplished through CM/ECF. After filing sealed documents on CM/ECF, parties will have to serve the sealed documents by other appropriate means as provided by the Federal Rules of Procedure. See Fed. R. Civ. P. 5 & Fed. R. Crim. P. 49 (outlining the rules governing service 'by other means' and requirements for filing certificates of service).

Machine summary. Not checked yet.

Page 1 | Service of Sealed Documents Filed in CM/ECF

Copies of Transportation Orders must be provided to the US Attorney's Office and counsel of record.

It is further ORDERED that a copy of the Transportation Order shall be provided to the United States Attorney's Office and to counsel of record for any subject of the Order.

Machine summary. Not checked yet. · Criminal cases

Page 2 | Standing Order

Clerk serves orders by mail and records service in an informational entry.

The Clerk's office will serve paper copies of these orders by mail and shall reflect such service in an informational entry.

Machine summary. Not checked yet.

Page 4 | 2. Motions to File, Filing, and Service of HSDs

The Court serves sealed documents in paper by mail.

The Court will generally serve sealed documents in paper by mail.

Machine summary. Not checked yet.

Page 1 | Service of Sealed Documents Filed in CM/ECF

Retroactive worksheets are served on counsel of record via sealed ECF.

Those worksheets shall be filed as a sealed ECF sent to the counsel of record at the time of sentencing.

Machine summary. Not checked yet. · Criminal cases

Page 2 | Standing Order

Filing Fees and Waivers

Copy fees apply when requesting paper copies of sealed documents from the Clerk's Office.

Applicable copy fees will be applied to such requests.

Machine summary. Not checked yet.

Page 2 | Additional Copies of Sealed Documents

Sealing & Redaction Procedures

The Court may designate certain materials as HSD on its own initiative or on party motion.

The Court may, on its own initiative or on motion of a party pursuant to Section 2 below, direct that the following material be designated as HSD: c. Applications and any associated orders for search, seizure, and arrest warrants, including those filed by the United States Probation Office, prior to disclosure required by law; d. Applications and any associated orders for interception of wire, oral, electronic records pursuant to 18 U.S.C. § 2703(d), requests for non-disclosure under 18 U.S.C. § 2705; e. Pleadings, filings, or transcripts in criminal cases discussing undisclosed cooperation; f. Under seal criminal complaints and associated orders where the United States Attorney moves for such designation for good cause shown; or, g. Materials whose disclosure could jeopardize national security or would pose a clear and present danger to life and limb or result in grave or extreme harm in either a civil or criminal case.

Machine summary. Not checked yet.

Page 2 | 1. Documents Subject to this Order: General Definition 'HSDs'

HSD categories include Social Security records, immigration records, qui tam complaints, and commercial/proprietary information; filing requires a motion to seal with a placeholder on CM/ECF and delivery of the actual HSD to the Clerk's office.

Social Security records, administrative immigration records; qui tam complaints; and, Commercial or proprietary information. The motion to seal and to treat a document as an HSD via CM/ECF shall go forward under existing procedures, except that a copy of the proposed HSD shall NOT be filed electronically. Instead, a blank placeholder document shall be attached to the motion in place of the proposed HSD to reserve the docket number.

Machine summary. Not checked yet.

Page 3 | 2. Motions to File, Filing, and Service of HSDs

The Court may order removal of HSDs from the electronic filing system upon motion; the Clerk will make an informational docket entry.

Upon motion of a party or upon its own motion, the Court may determine that a document, case, or any portion of it, that has been filed electronically is highly sensitive and direct that the HSD or case be removed from the Court’s electronic filing system. The Clerk's office will make an informational docket entry in the Court’s electronic filing system indicating that the HSD remains on file with the Court.

Machine summary. Not checked yet.

Page 5 | Removal of Existing HSDs or Highly Sensitive Cases from the Court’s Electronic Filing System

Pro Se parties must submit HSDs to the Clerk's Office in a sealed envelope marked 'HIGHLY SENSITIVE DOCUMENT' with a redacted caption page and CM/ECF number; the proposed HSD must not be filed electronically.

these documents shall be submitted to the Clerk’s Office in a sealed envelope marked “HIGHLY SENSITIVE DOCUMENT.” The outside of the envelope shall be affixed with a copy of the HSD’s caption page (with confidential information redacted), along with the CM/ECF document number. The motion to seal and to treat a document as an HSD shall go forward under existing procedures, except that a copy of the proposed HSD shall NOT be filed electronically.

Machine summary. Not checked yet.

Page 5 | If a party proceeds Pro Se without CM/ECF privileges

Transportation Orders for prisoner debriefings/interviews may be filed under seal with 'UNDER SEAL' on the face sheet.

It is, therefore, ORDERED that any Transportation Order directing the transportation of defendants or other prisoners for purposes of debriefings or interviews may be filed under seal by placing the words UNDER SEAL on the face sheet of the Order.

Machine summary. Not checked yet. · Criminal cases

Page 1 | Standing Order

Transportation Orders remain under seal unless otherwise ordered by the court.

It is further ORDERED that such Transportation Orders shall remain under seal unless otherwise ordered by the court.

Machine summary. Not checked yet. · Criminal cases

Page 2 | Standing Order

Sealed documents are filed electronically but not accessible to litigants; litigants cannot view or access sealed documents electronically.

Sealed documents should once again be filed electronically in CM/ECF under the E-Filing procedures in place prior to July 29, 2025, as amended by any future updates to those procedures. Although electronic filing of sealed documents will resume, litigants will no longer be able to access or view such sealed documents by electronic means.

Machine summary. Not checked yet.

Page 1 | Electronic Filing & Access to Sealed Documents

Petitions for violation of probation, supervised release, or pretrial release conditions, and related addenda and warrants, must be filed under seal and unsealed upon arrest.

petitions for violation of probation, supervised release, or pretrial release conditions, and any addenda relating to those petitions, initiated by the U.S. Probation Office, which include a request for the issuance of an arrest warrant and any warrant issued, shall be filed under seal and not disclosed to counsel or the public without order of the Court. Upon the arrest of the defendant, the Clerk shall unseal the petition and the docket entry for the return of the executed warrant, unless otherwise ordered by the Court.

Machine summary. Not checked yet. · Criminal cases

Page 2 | Order

Retroactive worksheets must be filed as sealed ECF.

Those worksheets shall be filed as a sealed ECF sent to the counsel of record at the time of sentencing.

Machine summary. Not checked yet. · Criminal cases

Page 2 | Standing Order

Probation Office must file recalculation worksheet under seal.

the United States Probation Office prepare a recalculation worksheet for each defendant who may be eligible for a sentence reduction based on Amendment 821 and file the worksheet under seal with copies supplied to counsel of record.

Machine summary. Not checked yet. · Criminal cases

Page 1 | STANDING ORDER

Clerk and Probation may disclose PSR, sealed judgments, and sealed sentencing documents to counsel upon request without motion; other sealed materials require motion.

the Clerk's Office and Probation Office are permitted to disclose the Presentence Investigation Report, any sealed judgments, and any sealed documents related to sentencing to counsel of record upon their request, without further order of the Court. Requests for any other sealed materials must be made by a motion.

Machine summary. Not checked yet. · Criminal cases

Page 2 | STANDING ORDER

Highly Sensitive Documents (HSDs) continue to be subject to the Court's separate HSD procedures.

Sealed documents that are defined as HSDs will continue to be subject to the Court's HSD procedures.

Machine summary. Not checked yet.

Page 2 | Highly Sensitive Documents (HSDs)

Probation and Clerk's Office may disclose sealed sentencing documents to counsel for eligibility determination.

The United States Probation Office for the Eastern District of Virginia and the United States Clerk’s Office for the Eastern District of Virginia may disclose to counsel Presentence Investigation Reports, Judgments in a Criminal Case, including sealed Judgments, Statements of Reasons, Motions for Departure based on Substantial Assistance, under seal documents pertinent to sentencing, and other documents as necessary defense counsel to determine whether particular defendants are eligible for a sentence reduction under the retroactive amendments.

Machine summary. Not checked yet. · Criminal cases

Page 2 | Standing Order

Pre-Motion Conference Requirements

Motions will not be deemed withdrawn for failing to request a hearing or file a formal waiver of hearing.

No motion will be deemed withdrawn purely based on the absence of a motion requesting a hearing or, in the alternative, a formal waiver of hearing.

The quote is in the court's document. The summary is not checked yet. · Civil cases

Page 1 | Standing Order regarding Local Civil Rule 7(E)

The Court schedules a hearing on a motion only if it determines one is necessary after reviewing the briefs.

In all cases, the Court will schedule a hearing only if it determines one to be necessary after review of the briefs.

The quote is in the court's document. The summary is not checked yet. · Civil cases

Page 1 | Standing Order regarding Local Civil Rule 7(E)

Local Civil Rule 7(E) is suspended; motions are not deemed withdrawn for lack of a hearing request; hearings are scheduled only if necessary after briefs are reviewed.

Rule 7(E) of the Local Civil Rules for the United States District Court for the Eastern District of Virginia shall not apply to this action. No motion will be deemed withdrawn purely based on the absence of a motion requesting a hearing or, in the alternative, a formal waiver of hearing. In all cases, the Court will schedule a hearing only if it determines one to be necessary after review of the briefs.

Machine summary. Not checked yet. · Civil cases

Page 1 | STANDING ORDER

Chambers Communication Rules

Questions about sealed document procedures should be directed to the Clerk's Office by phone.

Any questions about how a sealed document should be filed with the Court or accessed should be directed to the Clerk's Office in the relevant Division of this Court: Alexandria - (703) 299-2100, Newport News - (757) 247-0784, Norfolk - (757) 222-7201, Richmond - (804) 916-2220

Machine summary. Not checked yet.

Page 2 | Questions about Sealed Document Procedures

About Senior United States District Judge John A. Gibney, Jr.

**Senior Judge John A. Gibney, Jr.** was appointed to the Eastern District of Virginia by President Barack Obama in 2010. He assumed senior status on November 1, 2021. Born in Coatesville, Pennsylvania, Judge Gibney received his undergraduate degree in English from the College of William & Mary and his law degree from the University of Virginia School of Law. After clerking for Justice Harry L. Carrico of the Supreme Court of Virginia, he spent decades in private practice in Richmond, Virginia at several law firms, most recently as a partner at Thompson McMullan P.C. since 2003. He was nominated by President Obama on April 14, 2010, confirmed by voice vote on December 16, 2010, and received his commission shortly thereafter. He received the 2023 American Inns of Court Professionalism Award for the Fourth Circuit. **Education** - University of Virginia School of Law, J.D., 1976 - College of William & Mary, B.A. (English), 1973 **Career** - Senior U.S. District Judge, Eastern District of Virginia (Richmond Division), senior status since November 1, 2021 - U.S. District Judge, Eastern District of Virginia, 2010–2021 - Partner, Thompson McMullan P.C. (Richmond), 2003–2010 - Private practice, various Richmond law firms, 1978–2003 - Law clerk, Justice Harry L. Carrico, Supreme Court of Virginia, 1976–1978

**Division:** Richmond **Courthouse:** Spottswood W. Robinson III and Robert R. Merhige, Jr., Federal Courthouse, 701 East Broad Street, Richmond, VA 23219

Common questions about Judge John A. Gibney, Jr.'s rules

Does Judge John A. Gibney, Jr. require a pre-motion conference or letter before filing a motion?

Judge John A. Gibney, Jr.'s rules set a pre-motion procedure for covered motions. Local Civil Rule 7(E) is suspended; motions are not deemed withdrawn for lack of a hearing request; hearings are scheduled only if necessary after briefs are reviewed.

View ruleSource: page 1, section STANDING ORDER

What formatting rules apply to filings before Judge John A. Gibney, Jr.?

Judge John A. Gibney, Jr.'s formatting rule includes letter paper and unfolded paper. Two paper copies on unfolded 8.5x11 paper of memorandum, HSD, and certificate of service must be submitted.

View ruleSource: page 4, section 2. Motions to File, Filing, and Service of HSDs

What must be included with motion to remove hsd status filings before Judge John A. Gibney, Jr.?

The rule requires explanation of reasons. The United States Attorney must file a motion explaining reasons to remove HSD status from Section 1(a) documents.

View ruleSource: page 1, section 1. Documents Subject to this Order: General Definition 'HSDs'

What must be included with hsd package filings before Judge John A. Gibney, Jr.?

The rule requires caption. Documents must be submitted in a sealed envelope marked 'HIGHLY SENSITIVE DOCUMENT' with caption page and placeholder number affixed.

View ruleSource: page 4, section 2. Motions to File, Filing, and Service of HSDs

How may parties contact Judge John A. Gibney, Jr.'s chambers?

The rule addresses phone communications with Judge John A. Gibney, Jr.'s clerk. The rule lists phone Alexandria: (703) 299-2100, Newport News: (757) 247-0784, Norfolk: (757) 222-7201, Richmond: (804) 916-2220. Questions about sealed document procedures should be directed to the Clerk's Office by phone.

View ruleSource: page 2, section Questions about Sealed Document Procedures

How does Judge John A. Gibney, Jr. handle sealed or redacted filings?

The rule does not state that a motion to seal is required for the covered filing process. The Court may designate certain materials as HSD on its own initiative or on party motion.

View ruleSource: page 2, section 1. Documents Subject to this Order: General Definition 'HSDs'

Is electronic filing required before Judge John A. Gibney, Jr.?

Yes. Electronic filing is required for the covered filings. CJA panel attorneys must comply with electronic-filing and eVoucher requirements.

View ruleSource: page 21, section XI. Duties of CJA Panel Members

Are filing fees or waivers addressed before Judge John A. Gibney, Jr.?

A fee is required for covered filings. Copy fees apply when requesting paper copies of sealed documents from the Clerk's Office.

View ruleSource: page 2, section Additional Copies of Sealed Documents

When is a filing treated as filed before Judge John A. Gibney, Jr.?

The rule states that filing is treated as on submission. Motion for oral argument must be filed by the date the party files a motion for summary judgment.

View ruleSource: page 1, section REVISED STANDING ORDER IN SOCIAL SECURITY CASES

What rule applies to service for highly sensitive document before Judge John A. Gibney, Jr.?

The rule addresses service method, recipient, or timing requirements. HSD service: civil cases by Civil Rule 5(b)(2) except e-service; criminal cases by Criminal Rule 49(a)(3)(B) or (a)(4).

View ruleSource: page 4, section 2. Motions to File, Filing, and Service of HSDs
Complete rules summary for Judge John A. Gibney, Jr.

Local Civil Rule 7(E) is suspended; motions are not deemed withdrawn for lack of a hearing request; hearings are scheduled only if necessary after briefs are reviewed.

CJA panel attorneys must comply with electronic-filing and eVoucher requirements.

Compensation claims must be submitted on the appropriate CJA form through the court’s eVoucher system.

Compensation claims should be submitted within 45 days after final disposition, unless good cause is shown.

Absent extraordinary circumstances, the court expects to act on compensation claims within 30 days, and vouchers should not be delayed or reduced to diminish program costs in response to adverse financial circumstances.

Requests for authorization of investigative, expert, and other services must be submitted through the court’s eVoucher system by filing the applicable AUTH or BUDGETAUTH, or as instructed by the Case Budgeting Attorney.

Highly sensitive documents must be filed outside the Court's electronic filing system.

The United States Attorney must file a motion explaining reasons to remove HSD status from Section 1(a) documents.

The Court may designate certain materials as HSD on its own initiative or on party motion.

HSD categories include Social Security records, immigration records, qui tam complaints, and commercial/proprietary information; filing requires a motion to seal with a placeholder on CM/ECF and delivery of the actual HSD to the Clerk's office.

The proposed HSD must not be filed electronically; a blank placeholder is attached to the motion instead.

Memorandum containing highly sensitive information may be delivered in printed form, not filed via CM/ECF.

The HSD must be delivered to the Clerk's office as soon as practicable after the motion is filed.

HSD service: civil cases by Civil Rule 5(b)(2) except e-service; criminal cases by Criminal Rule 49(a)(3)(B) or (a)(4).

Two paper copies on unfolded 8.5x11 paper of memorandum, HSD, and certificate of service must be submitted.

Documents must be submitted in a sealed envelope marked 'HIGHLY SENSITIVE DOCUMENT' with caption page and placeholder number affixed.

If HSD exceeds 50 pages, provide documents on a secure electronic device.

Clerk serves orders by mail and records service in an informational entry.

Motion to seal must explain why document is highly sensitive and include a certification of good faith belief.

Pro se party must submit two paper copies on unfolded 8.5x11 paper of motion, HSD, and certificate of service.

Pro se party must submit motion to seal, HSD, and certificate of service to Clerk's office.

Pro Se parties must submit HSDs to the Clerk's Office in a sealed envelope marked 'HIGHLY SENSITIVE DOCUMENT' with a redacted caption page and CM/ECF number; the proposed HSD must not be filed electronically.

Proposed HSDs must not be filed electronically.

Pro Se parties must include an explanation in their motion to seal of why the document is an HSD or should receive heightened protection.

The Court may order removal of HSDs from the electronic filing system upon motion; the Clerk will make an informational docket entry.

Motions to remove HSDs from the electronic filing system must explain why the document or case is highly sensitive.

Motions will not be deemed withdrawn for failing to request a hearing or file a formal waiver of hearing.

The Court schedules a hearing on a motion only if it determines one is necessary after reviewing the briefs.

Transportation Orders filed under seal must have 'UNDER SEAL' on the face sheet.

Transportation Orders for prisoner debriefings/interviews may be filed under seal with 'UNDER SEAL' on the face sheet.

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