Judge Mark R. Colombell
Individual Rules, Standing Orders & Policies
- Rules last changed:
Communication
Phone
Clerk
Phone
Clerk
Document Filing Requirements12 rules
Machine summary. Not checked yet.Mandatory?
If represented by counsel, any party seeking to file an HSD must, before such filing, seek leave of court for such filing. Any other party may also move the Court to designate a filing as an HSD if, in its judgment, the filing qualifies as an HSD. 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: Parties must seek leave of court before filing an HSD; motion must explain HSD basis and include FRCP 11 certification.
Document Type
Motion To Seal
Machine summary. Not checked yet.Mandatory?
If a party proceeds Pro Se without CM/ECF privileges: i. Also subject to Federal Rule of Civil Procedure 11 where applicable, 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 8% x 11 paper.
Summary: Pro se parties must file two paper copies (unfolded 8½x11) of HSD motion, the HSD, and certificate of service; FRCP 11 applies where applicable.
Document Type
Motion To Seal
Machine summary. Not checked yet.Mandatory?
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 requesting oral argument with a supporting memorandum that specifies the issues and explains why they cannot be addressed in writing.
Document Type
Motion Requesting Oral Argument
Machine summary. Not checked yet.Mandatory?
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 from the AUSA of personal review; without it, the brief is stricken.
Document Type
Brief
Machine summary. Not checked yet.Mandatory?
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 appeal briefs, counsel must address Fourth Circuit case law on every issue or state that none exists before citing other circuits.
Document Type
Brief
Machine summary. Not checked yet.Mandatory?
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: Counsel must address relevant Fourth Circuit case law first in Social Security appeals, and state if none exists before citing other circuits.
Document Type
Brief
Machine summary. Not checked yet.Mandatory?
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 signing AUSA that they personally reviewed and stand by the brief; otherwise the brief is stricken.
Document Type
Brief
Machine summary. Not checked yet.Mandatory?
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
Machine summary. Not checked yet.Mandatory?
by placing the words UNDER SEAL on the face sheet of the Order
Summary: Transportation Orders must have the words 'UNDER SEAL' on the face sheet when filed under seal.
Document Type
Transportation Order
Machine summary. Not checked yet.Important?
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: U.S. Attorney must file a motion explaining reasons to remove HSD status, filed per Section 2.
Document Type
Motion To Remove HSD Status
Machine summary. Not checked yet.Important?
Claims for compensation must be submitted on the appropriate CJA form through the court's eVoucher system.
Summary: CJA compensation claims must be submitted on the appropriate CJA form through the eVoucher system.
Document Type
Cja Compensation Claim
Machine summary. Not checked yet.Important?
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: Worksheet must include original guidelines, reductions, conduct summary, and new guideline range.
Document Type
Recalculation Worksheet
Filing & Service rules
Electronic Filing Rules
All parties must file HSDs outside the Court's electronic filing system.
good cause exists to 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
Proposed HSDs must not be filed electronically; they are submitted physically to the Clerk's Office.
except that a copy of the proposed HSD shall NOT be filed electronically.
Machine summary. Not checked yet.
Page 5 | Motions to File, Filing, and Service of HSDs - Pro Se parties
CJA panel attorneys are required to comply with electronic filing and eVoucher requirements.
CJA panel attorneys must comply with the requirements of electronic filing and eVoucher.
Machine summary. Not checked yet. · Criminal cases
Page 21 | XII.D.2
Sealed documents must be filed electronically in CM/ECF using prior E-Filing procedures.
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.
Machine summary. Not checked yet.
Page 1 | Electronic Filing & Access to Sealed Documents
Filing Timing and Cure Windows
In cases where summary judgment motions were already filed, parties have 5 business days from the order's entry 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 same date as the party's 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
For pending Social Security appeals, the Government must file the certification within 14 days, including any relevant Fourth Circuit case law not previously submitted; otherwise prior submissions are stricken.
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. 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. Absent this certification, the Commissioner's previously filed submission(s) shall be stricken, and the Court will address the issues in that case based on the remaining pleadings and submissions of the parties.
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.
ORDERED that 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 | ORDERED
Government must file the certification within 14 days of the Standing Order for pending Social Security appeals.
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
In cases where summary judgment motions were filed before this order, parties have 5 business days from entry to submit 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 | STANDING ORDER IN SOCIAL SECURITY CASES
CJA compensation claims must be submitted within 45 days after final disposition of the case, 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.
Machine summary. Not checked yet. · Criminal cases
Page 22 | XII.B.2
Service and Proof of Service Rules
Sealed documents must be served by other means (not CM/ECF); court serves by mail.
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). 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
Copies of Transportation Orders must be provided to the US Attorney's Office and counsel of record; copies may also be provided to law enforcement officials involved in the prosecution and to the US Marshals Service as necessary for transportation.
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. A copy may be provided to those law enforcement officials involved in the prosecution of the case, and to the United States Marshals Service, Deputy United States Marshals, and authorized law enforcement officers, as necessary, to effect the transportation of the prisoner or defendant who is the subject of the Transportation Order.
Machine summary. Not checked yet. · Criminal cases
Page 2 | Standing Order
Filing Fees and Waivers
Copy fees apply for paper copies of sealed documents.
Applicable copy fees will be applied to such requests.
Machine summary. Not checked yet.
Page 2 | Additional Copies of Sealed Documents
Sealing & Redaction Procedures
HSD motion filed on CM/ECF with blank placeholder; actual HSD and any sensitive memo delivered to Clerk's office and judge in printed form.
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. 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. 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(b)
Pro se parties must submit HSDs to the Clerk's Office in sealed envelopes marked 'HIGHLY SENSITIVE DOCUMENT' with redacted caption page and CM/ECF number; proposed HSD not filed electronically; motion to seal required with explanation.
Regardless of whether or not these documents contain highly sensitive information, 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. 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;
Machine summary. Not checked yet.
Page 5 | Motions to File, Filing, and Service of HSDs - Pro Se parties
Probation Office must file the recalculation worksheet under seal.
ORDERED that 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 | ORDERED
Transportation Orders for prisoner debriefings or interviews may be filed under seal by marking 'UNDER SEAL' on the face sheet, and such orders remain under seal unless the court orders otherwise.
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. 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 1 | Standing Order
Worksheets for retroactive criminal history amendments must be filed as sealed ECF and sent to counsel of record.
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
Petitions for violation of probation, supervised release, or pretrial release conditions and related warrants must be filed under seal and unsealed upon arrest.
It is therefore ORDERED that 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 | Standing Order
Parties may move to remove existing HSDs or cases from the e-filing system; motion must explain high sensitivity based on Section 2 criteria.
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. 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.
Machine summary. Not checked yet.
Page 5 | Removal of Existing HSDs or Highly Sensitive Cases from the Court’s Electronic Filing System
Clerk and Probation may disclose PSI, sealed judgments, and sealed sentencing documents to counsel upon request without further order; other sealed materials require a motion.
ORDERED that 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 | ORDERED
Litigants cannot access or view sealed documents electronically after filing.
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
Highly Sensitive Documents remain subject to existing 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)
Pre-Motion Conference Requirements
Parties must file a separate motion requesting oral argument with a memorandum specifying issues and explaining why they cannot be addressed in writing, no later than the date they file a motion for summary judgment.
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. 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 | STANDING ORDER IN SOCIAL SECURITY CASES
The Court will schedule a hearing only if it determines one necessary after reviewing the briefs; motions are not deemed withdrawn for lack of a hearing request.
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 HSD filing procedures should be directed to the relevant division's phone number.
Any questions about how an HSD should be filed with the Court pursuant to this Second Amended Standing Order should be directed to the relevant division of this Court: Alexandria - (703) 299-2100 Newport News - (757) 247-0784 Norfolk - (757) 222-7202 Richmond - (804) 916-2220
Machine summary. Not checked yet.
Page 6 | Questions about HSD Filing Procedures
Parties must contact Clerk's Office to request paper copies of sealed documents.
a party with the right to access a sealed document who requires a copy of such document will have to contact the Clerk's Office to request a paper copy.
Machine summary. Not checked yet.
Page 2 | Additional Copies of Sealed Documents
Questions about sealed document filing or access should be directed to the Clerk's Office at the provided phone numbers.
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