Judge John A. Gibney, Jr.
Individual Rules, Standing Orders & Policies
- Rules last changed:
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Clerk
Document Format Requirements3 rules
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.
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.
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.
Document Filing Requirements13 rules
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
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
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
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
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
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
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
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
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
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
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
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
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
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).
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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.
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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.
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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
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Page 2 | Questions about Sealed Document Procedures