Judge Mark S. Davis
Individual Rules, Standing Orders & Policies
- Rules last changed:
Communication
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Clerk
Document Format Requirements2 rules
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 8½ x 11 paper.
Summary: Pro se parties without CM/ECF must file two paper copies (unfolded 8½x11) of the motion, HSD, and certificate of service, with FRCP 11 certification.
Machine summary. Not checked yet.Important?
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, as directed in Section 2(b) above.
Summary: Paper copies must be on unfolded 8½x11 paper.
Document Filing Requirements5 rules
Machine summary. Not checked yet.Mandatory?
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: The motion for HSD designation must include a certification under FRCP 11 of good faith belief that the material qualifies as highly sensitive.
Document Type
Motion
Machine summary. Not checked yet.Important?
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 8½ x 11 paper.
Summary: Pro se parties must include FRCP 11 certification with their HSD motion and documents.
Document Type
Motion
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 the HSD exceeds 50 pages, it must also be provided to the Court on a secure electronic device.
Document Type
Highly Sensitive Document
Machine summary. Not checked yet.Important?
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 about why the document qualifies as an HSD.
Document Type
Motion To Seal
Machine summary. Not checked yet.Important?
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: A motion to remove HSD materials from the electronic filing system must explain why the document is highly sensitive.
Document Type
Motion To Remove Hsd
Filing & Service rules
Electronic Filing Rules
The HSD itself must not be filed electronically; a blank placeholder is attached to the motion on CM/ECF to reserve the docket number.
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.
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Page 3 | 2. Motions to File, Filing, and Service of HSDs
Filing Timing and Cure Windows
Final CJA voucher must be submitted within 45 days of conclusion of representation.
Within 45 days of the conclusion of the representation, counsel should submit a final voucher, without regard to the amount of the claim or the date of any previously submitted voucher.
Machine summary. Not checked yet. · Criminal cases
Page 1 | In Re: Criminal Justice Act Program
Subsequent interim CJA vouchers may be submitted when amount exceeds $4,000 or four months after previous voucher.
Subsequent interim vouchers may be submitted when the current interim voucher amount is greater than $4,000 or at four months after the date of the previously submitted interim voucher.
Machine summary. Not checked yet. · Criminal cases
Page 1 | In Re: Criminal Justice Act Program
Initial CJA voucher may be submitted no sooner than four months after appointment.
The initial voucher may be submitted no sooner than four months after the date of appointment.
Machine summary. Not checked yet. · Criminal cases
Page 1 | In Re: Criminal Justice Act Program
Service and Proof of Service Rules
HSD must be served on other parties: in civil cases by any method under Civil Rule 5(b)(2) except e-filing; in criminal cases by methods under 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).
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Page 4 | 2. Motions to File, Filing, and Service of HSDs
The Clerk's office serves paper copies of orders on Pro Se HSD motions by mail and records service in an informational docket entry.
The Clerk's office will serve paper copies of these orders by mail and shall reflect such service in an informational entry.
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Page 5 | 2. Motions to File, Filing, and Service of HSDs
Sealing & Redaction Procedures
A motion for leave to file a Highly Sensitive Document (HSD) is required before filing.
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.
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Page 3 | 2. Motions to File, Filing, and Service of HSDs
After filing the motion, the HSD and certificate of service must be delivered to the Clerk's office as soon as practicable.
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.
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Page 3 | 2. Motions to File, Filing, and Service of HSDs
Two paper copies (unfolded 8½x11) of specified documents must be submitted in a sealed envelope marked 'HIGHLY SENSITIVE DOCUMENT' with redacted caption page and placeholder number affixed.
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, as directed in Section 2(b) above. 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 placeholder document number described in Section 2(b).
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Page 4 | 2. Motions to File, Filing, and Service of HSDs
The Court may order removal of an HSD or highly sensitive case from the electronic filing system upon motion of a party or sua sponte.
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.
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Page 5 | 3. Removal of Existing HSDs or Highly Sensitive Cases from the Court’s Electronic Filing System
For Pro Se parties, the proposed HSD shall not be filed electronically; the motion to seal proceeds under existing procedures.
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.
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Page 5 | 2. Motions to File, Filing, and Service of HSDs
Chambers Communication Rules
Questions about HSD filing procedures should be directed to the relevant division by phone.
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
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Page 6 | 5. Questions about HSD Filing Procedures