Eastern District of Virginia Filing Timing and Cure Windows

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Civil cases

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.

Summary: Motion requesting oral argument must be filed by the same date as the party's motion for summary judgment.

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Civil cases

Deadline

14 calendar days ?

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.

Summary: Government must file the certification within 14 days for pending Social Security appeals, including any omitted Fourth Circuit case law; otherwise prior submissions will be stricken.

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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.

Summary: After motion is filed, deliver HSD and certificate of service to Clerk's office as soon as practicable.

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Criminal cases

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.

Summary: Final CJA voucher must be submitted within 45 days of conclusion of representation.

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Civil cases

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.

Summary: Motion for oral argument must be filed by the same date as the party's motion for summary judgment.

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Civil cases

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.

Summary: Government must file the certification within 14 days of the order for all pending Social Security appeals that are ripe for review.

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Civil cases

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.

Summary: For pending Social Security appeals, the Government must file the certification within 14 days of the order.

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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.

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

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Civil cases

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.

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

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Civil cases

Deadline

5 business days

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.

Summary: 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.

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Civil cases

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.

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

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Criminal cases

The initial voucher may be submitted no sooner than four months after the date of appointment.

Summary: Initial CJA voucher may be submitted no sooner than four months after appointment.

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Criminal cases

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.

Summary: Subsequent interim CJA vouchers may be submitted when amount exceeds $4,000 or four months after previous voucher.

Not confirmed. Read the court's wording below.INFO?

Criminal cases

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.

Summary: 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.

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Civil cases

Deadline

5 business days

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.

Summary: In cases where summary judgment motions were already filed, parties have 5 business days from entry of this order to request oral argument.

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Criminal cases

Deadline

14 calendar days ?

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

Summary: Defense counsel must move to be reappointed or decline within 14 days of the worksheet being filed.

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Criminal cases

Deadline

45 calendar days ?

Required

Always ?

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

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

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Civil cases

Deadline

45 calendar days ?

The return date shall be no less than forty-five (45) days after the garnishee is served with a copy of the Suggestion.

Summary: Return date must be at least 45 days after service of the Suggestion on the garnishee.

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Criminal cases

Deadline

14 calendar days ?

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.

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Civil cases

Deadline

5 business days

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.

Summary: 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.

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Criminal cases

Deadline

14 calendar days ?

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

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

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Civil cases

Deadline

14 calendar days ?

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.

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

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Civil cases

Deadline

14 calendar days ?

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.

Summary: 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.

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Civil cases

Deadline

5 business days

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.

Summary: 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.

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Civil cases

Deadline

0 business days ?

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.

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

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Civil cases

Deadline

5 business days

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.

Summary: 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.

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Criminal cases

Deadline

14 calendar days ?

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

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

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Criminal cases

Deadline

45 calendar days ?

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

Summary: CJA compensation claims must be submitted within 45 days after final disposition of the case, unless good cause is shown.

Not confirmed. Read the court's wording below.WARNING?

Criminal cases

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

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

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Criminal cases

Deadline

14 calendar days ?

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.