Court Rules
Magistrate Judge

Judge Summer L. Speight

Individual Rules, Standing Orders & Policies

Rules last changed:
Eastern District of Virginia
Filters:AllMandatoryImportantMemorandaOral Argument

Document Filing Requirements8 rules

Filing RequirementsCivil cases

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: All 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

Specific requirements detailed in rule text.
Standing Order re Gov't Briefs SLS · Sep 2023 · p. 1
|SecStanding Order in Social Security Cases
Filing RequirementsCivil cases

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's substantive briefs in Social Security appeals must include a certification of personal review by the signing AUSA, or the brief will be stricken.

Document Type

Brief

Specific requirements detailed in rule text.
Standing Order re Gov't Briefs SLS · Sep 2023 · p. 1
|SecStanding Order in Social Security Cases
Filing RequirementsCivil cases

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: The certification for pending cases must include any relevant Fourth Circuit case law not previously included in the Commissioner's submissions.

Document Type

Certification

Specific requirements detailed in rule text.
Standing Order re Gov't Briefs SLS · Sep 2023 · p. 1
|SecStanding Order in Social Security Cases
Filing RequirementsCivil cases

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 appeal briefs, and state if none exists before citing other circuits.

Document Type

Brief

Specific requirements detailed in rule text.
Standing Order re Gov't Briefs SLS · Sep 2023 · p. 1
|SecSTANDING ORDER IN SOCIAL SECURITY CASES
Filing RequirementsCivil cases

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 AUSA of personal review and endorsement; absent certification, the brief is stricken.

Document Type

Brief

Specific requirements detailed in rule text.
Standing Order re Gov't Briefs SLS · Sep 2023 · p. 1
|SecSTANDING ORDER IN SOCIAL SECURITY CASES
Filing RequirementsCivil cases

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 cases must include any relevant Fourth Circuit case law not previously submitted.

Document Type

Certification

Specific requirements detailed in rule text.
Standing Order re Gov't Briefs SLS · Sep 2023 · p. 2
|SecSTANDING ORDER IN SOCIAL SECURITY CASES
Filing RequirementsCivil cases

Machine summary. Not checked yet.Important?

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 requesting oral argument must file a separate motion with a supporting memorandum that specifies the issues and explains why they cannot be addressed sufficiently in a filing.

Document Type

Motion

Specific requirements detailed in rule text.
Revised Standing Order in SS Cases · Sep 2023 · p. 1
|SecREVISED STANDING ORDER IN SOCIAL SECURITY CASES
Filing RequirementsCivil cases

Machine summary. Not checked yet.Note?

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 fonrial waiver of hearing. In all cases, the Couit will schedule a hearing only if it determines one to be necessary after review of the briefs.

Summary: Local Rule 7(E) does not apply; parties need not file a hearing request or waiver, and the Court will determine if a hearing is necessary after reviewing briefs.

Document Type

Motion

Specific requirements detailed in rule text.
SLS Standing Order 7E · Jul 2024 · p. 1
|SecIN RE: LOCAL CIVIL RULE 7(E)

Filing & Service rules

Filing Timing and Cure Windows

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

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

For pending Social Security appeals, the Government must file the certification within 14 days of the 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 2 | STANDING ORDER IN SOCIAL SECURITY CASES

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.

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

Pre-Motion Conference Requirements

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.

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. 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. 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. The Court shall consider any failure to affirmatively address oral argument as a representation that the party does not consider oral argument to be appropriate in that case.

Machine summary. Not checked yet. · Civil cases

Page 1 | REVISED STANDING ORDER IN SOCIAL SECURITY CASES

Local Rule 7(E) does not apply; hearings scheduled only if necessary after brief review.

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 fonrial waiver of hearing. In all cases, the Couit 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

About United States Magistrate Judge Summer L. Speight

**Magistrate Judge Summer L. Speight** was sworn in as a U.S. Magistrate Judge for the Eastern District of Virginia, Richmond Division, on March 30, 2023. Judge Speight received a Bachelor of Arts and a Bachelor of Music from James Madison University, and her J.D. magna cum laude (Order of the Coif) from the University of Richmond School of Law. After law school she clerked for then-U.S. Magistrate Judge M. Hannah Lauck of this court from 2010 to 2012. She then joined McGuireWoods LLP in Richmond, where she practiced labor and employment litigation and rose to the rank of partner, earning recognition in Best Lawyers: Ones to Watch in 2021 and 2022. **Education** - University of Richmond School of Law, J.D. (magna cum laude, Order of the Coif) - James Madison University, B.A. and B.M. **Career** - U.S. Magistrate Judge, Eastern District of Virginia (Richmond Division), March 30, 2023–present - Partner, McGuireWoods LLP (Richmond, Virginia), 2012–2023 - Law clerk, Hon. M. Hannah Lauck (then Magistrate Judge), U.S. District Court for the Eastern District of Virginia, 2010–2012

**Division:** Richmond **Courthouse:** Spottswood W. Robinson III and Robert R. Merhige, Jr., Federal Courthouse, 701 East Broad Street, Richmond, VA 23219

Common questions about Judge Summer L. Speight's rules

Does Judge Summer L. Speight require a pre-motion conference or letter before filing a motion?

Yes. A pre-motion letter is required for covered motions. 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.

View ruleSource: page 1, section REVISED STANDING ORDER IN SOCIAL SECURITY CASES

What must be included with brief filings before Judge Summer L. Speight?

The rule identifies required filing content or certificates. All counsel must address relevant Fourth Circuit case law first in Social Security appeals, and state if none exists before citing other circuits.

View ruleSource: page 1, section Standing Order in Social Security Cases

What must be included with certification filings before Judge Summer L. Speight?

The rule identifies required filing content or certificates. The certification for pending cases must include any relevant Fourth Circuit case law not previously included in the Commissioner's submissions.

View ruleSource: page 1, section Standing Order in Social Security Cases

What filing deadlines does Judge Summer L. Speight set?

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

View ruleSource: page 1, section REVISED STANDING ORDER IN SOCIAL SECURITY CASES
Complete rules summary for 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.

Government's substantive briefs in Social Security appeals must include a certification of personal review by the signing AUSA, or the brief will be stricken.

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

The certification for pending cases must include any relevant Fourth Circuit case law not previously included in the Commissioner's submissions.

Counsel must address relevant Fourth Circuit case law first in Social Security appeal briefs, and state if none exists before citing other circuits.

Government briefs in Social Security appeals must include a certification by the AUSA of personal review and endorsement; absent certification, the brief is stricken.

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

Certifications for pending cases must include any relevant Fourth Circuit case law not previously submitted.

Parties requesting oral argument must file a separate motion with a supporting memorandum that specifies the issues and explains why they cannot be addressed sufficiently in a filing.

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

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.

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.

Local Rule 7(E) does not apply; hearings scheduled only if necessary after brief review.

Local Rule 7(E) does not apply; parties need not file a hearing request or waiver, and the Court will determine if a hearing is necessary after reviewing briefs.

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