Eastern District of Virginia Local Rules and Judge Filing Requirements
Filing requirements from individual practices, standing orders, and published court policies for Eastern District of Virginia
Federal court local rules are only the first layer. These filing requirements come from individual judges' practices, standing orders, and policies published by the Eastern District of Virginia. They supplement the district local rules and the Federal Rules of Civil Procedure. Requirements vary significantly between judges in the same district, so always verify the specific rules for your assigned judge.
- Judge David J. Novak
For currently pending ripe Social Security appeals, the Government must file the certification within 14 days and include previously omitted relevant Fourth Circuit authority.
- Senior Judge John A. Gibney, Jr.
Documents must be submitted in a sealed envelope marked 'HIGHLY SENSITIVE DOCUMENT' with caption page and placeholder number affixed.
- Magistrate Judge Mark R. Colombell
Parties must seek leave of court before filing an HSD; motion must explain HSD basis and include FRCP 11 certification.
- Magistrate Judge Summer L. Speight
All counsel must address relevant Fourth Circuit case law first in Social Security appeals, and state if none exists before citing other circuits.
- Senior Judge Rebecca Beach Smith
Interpleader funds must be deposited in CRIS DOF for tax administration.
- Senior Judge John A. Gibney, Jr.
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.
- Judge David J. Novak
Counsel must seek leave of court before filing an HSD.
- Magistrate Judge Mark R. Colombell
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.
- Judge Mark S. Davis
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.
- Senior Judge Rebecca Beach Smith
Transportation Orders for prisoner debriefings/interviews may be filed under seal
- Judge David J. Novak
In cases where summary judgment motions were already filed, parties have 5 business days from entry of this order to request oral argument.
- Senior Judge John A. Gibney, Jr.
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.
- Magistrate Judge Mark R. Colombell
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.
- Magistrate Judge Summer L. Speight
In cases where summary judgment motions were already filed, parties have 5 business days from entry of this order to file a motion for oral argument.
- Judge Mark S. Davis
Subsequent interim CJA vouchers may be submitted when amount exceeds $4,000 or four months after previous voucher.
- Senior Judge John A. Gibney, Jr.
Memorandum containing highly sensitive information may be delivered in printed form, not filed via CM/ECF.
- Judge David J. Novak
Compensation claims must be submitted via eVoucher system on the appropriate CJA form.
- Magistrate Judge Mark R. Colombell
All parties must file HSDs outside the Court's electronic filing system.
- Judge Mark S. Davis
The HSD itself must not be filed electronically; a blank placeholder is attached to the motion on CM/ECF to reserve the docket number.
- Judge David J. Novak
Court issues order on HSD motion; if granted, docket entry made. Clerk serves paper copies of orders by mail.
- Senior Judge John A. Gibney, Jr.
Clerk serves orders by mail and records service in an informational entry.
- Magistrate Judge Mark R. Colombell
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.
- Judge Mark S. Davis
The Clerk's office serves paper copies of orders on Pro Se HSD motions by mail and records service in an informational docket entry.
- Judge Roderick C. Young
The Court will schedule a hearing only if it determines one is necessary after reviewing the briefs.
- Senior Judge John A. Gibney, Jr.
Motions will not be deemed withdrawn for failing to request a hearing or file a formal waiver of hearing.
- Judge David J. Novak
Motions are not withdrawn for lack of hearing request; court decides on hearing after briefs.
- Magistrate Judge Mark R. Colombell
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.
- Magistrate Judge Summer L. Speight
Parties requesting oral argument in social security cases must file a separate motion and supporting memorandum specifying issues and explaining why they cannot be addressed in writing, by the date they file a motion for summary judgment or within 5 business days if summary judgment motions were already filed.
- Judge David J. Novak
Pro se parties must submit two paper copies (unfolded 8.5x11) of motion, HSD, and certificate of service to Clerk's office.
- Senior Judge John A. Gibney, Jr.
Two paper copies on unfolded 8.5x11 paper of memorandum, HSD, and certificate of service must be submitted.
- Judge Mark S. Davis
Paper copies must be on unfolded 8½x11 paper.
- Judge David J. Novak
Questions about sealed document procedures should be directed to the Clerk's Office by phone.
- Magistrate Judge Mark R. Colombell
Parties must contact Clerk's Office to request paper copies of sealed documents.
- Senior Judge John A. Gibney, Jr.
Questions about sealed document procedures should be directed to the Clerk's Office by phone.
- Judge Mark S. Davis
Questions about HSD filing procedures should be directed to the relevant division by phone.