Court Rules
About United States District Judge David J. Novak

**Judge David J. Novak** was appointed to the Eastern District of Virginia by President Donald Trump in 2019. Judge Novak received his undergraduate degree magna cum laude from Saint Vincent College and his law degree from Villanova University School of Law. He served as an Assistant United States Attorney in the Southern District of Texas from 1991 to 1994, then as a Trial Attorney in the DOJ Criminal Division before joining the U.S. Attorney's Office for the Eastern District of Virginia, where he spent 18 years as an AUSA, including service as Chief of the Criminal Division and Senior Litigation Counsel. He served as a U.S. Magistrate Judge in this court from February 1, 2012, to October 2019. President Trump nominated him on March 26, 2019; he was confirmed 89-3 on October 16, 2019, and received his commission on October 17, 2019. **Education** - Villanova University School of Law, J.D., 1986 - Saint Vincent College, B.A. (magna cum laude), 1983 **Career** - U.S. District Judge, Eastern District of Virginia (Richmond Division), 2019–present - U.S. Magistrate Judge, Eastern District of Virginia, 2012–2019 - Senior Litigation Counsel and Chief, Criminal Division, U.S. Attorney's Office, Eastern District of Virginia - Assistant U.S. Attorney, Eastern District of Virginia - Trial Attorney, DOJ Criminal Division - Assistant U.S. Attorney, Southern District of Texas, 1991–1994

**Division:** Richmond **Courthouse:** Spottswood W. Robinson III and Robert R. Merhige, Jr., Federal Courthouse, 701 East Broad Street, Richmond, VA 23219 **Phone:** (804) 916-2270

Common questions about Judge David J. Novak's rules

Does Judge David J. Novak require a pre-motion conference or letter before filing a motion?

Judge David J. Novak's rules set a pre-motion procedure for covered motions. Motions are not withdrawn for lack of hearing request; court decides on hearing after briefs.

View ruleSource: page 1, section STANDING ORDER

What formatting rules apply to filings before Judge David J. Novak?

Judge David J. Novak's formatting rule includes letter paper, unfolded paper, and two copies. Counsel must submit two paper copies (unfolded 8.5x11) of the memorandum, HSD, and certificate of service.

View ruleSource: page 4, section 2. Motions to File, Filing, and Service of HSDs

What must be included with motion requesting oral argument filings before Judge David J. Novak?

The rule identifies required filing content or certificates. Parties requesting oral argument must file a motion and supporting memorandum specifying the issues and explaining why they cannot be addressed sufficiently in a filing.

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

What must be included with brief filings before Judge David J. Novak?

The rule requires specific language. Counsel must address relevant Fourth Circuit case law first in Social Security appeals, or state none exists before citing other circuits.

View ruleSource: page 1, section IN THE MATTER OF RELEVANT LAW IN SOCIAL SECURITY APPEALS BEFORE UNITED STATES MAGISTRATE JUDGE SUMMER L. SPEIGHT

How may parties contact Judge David J. Novak's chambers?

Parties may contact Judge David J. Novak's chambers by phone only as allowed by the rule. Garnishing party must contact chambers to obtain a return date before filing a Suggestion for Summons in Garnishment.

View ruleSource: page 1, section SCHEDULING OF RETURN DATES OF GARNISHMENTS

How does Judge David J. Novak handle sealed or redacted filings?

The rule does not state that a motion to seal is required for the covered filing process. Transportation Orders may be filed under seal by placing 'UNDER SEAL' on the face sheet.

View ruleSource: page 1, section Standing Order

Is electronic filing required before Judge David J. Novak?

Yes. Electronic filing is required for the covered filings. Sealed documents must be filed electronically in CM/ECF but are not accessible electronically to litigants.

View ruleSource: page 1, section Electronic Filing & Access to Sealed Documents

When is a filing treated as filed before Judge David J. Novak?

The rule addresses filing timing, filing status, or cure windows. Motion requesting oral argument must be filed by the same date as the party's motion for summary judgment.

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

What rule applies to service for sealed document before Judge David J. Novak?

Proof of service is required for the covered service rule. Sealed documents filed in CM/ECF must be served by other means (not through CM/ECF); court serves by mail.

View ruleSource: page 1, section Service of Sealed Documents Filed in CM/ECF
Complete rules summary for Judge David J. Novak

Parties requesting oral argument must file a motion and supporting memorandum specifying the issues and explaining why they cannot be addressed sufficiently in a filing.

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

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

Motions are not withdrawn for lack of hearing request; court decides on hearing after briefs.

Counsel must address relevant Fourth Circuit case law first in Social Security appeals, or state none exists before citing other circuits.

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 will be stricken.

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.

Transportation Orders may be filed under seal by placing 'UNDER SEAL' on the face sheet.

Copies of Transportation Orders must be provided to the U.S. Attorney's Office and counsel of record; may be provided to law enforcement as necessary.

Transportation Orders remain under seal unless the court orders otherwise.

Probation Office must prepare a recalculation worksheet under seal with specific content: original guidelines, reductions, conduct summary, and new guideline range.

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

Recalculation worksheet must be filed under seal.

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.

Sealed documents must be filed electronically in CM/ECF but are not accessible electronically to litigants.

Sealed documents filed in CM/ECF must be served by other means (not through CM/ECF); court serves by mail.

Questions about sealed document procedures should be directed to the Clerk's Office by phone.

CJA panel attorneys must comply with electronic filing and eVoucher requirements.

Compensation claims must be submitted via eVoucher system on the appropriate CJA form.

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

Funding requests must be submitted via eVoucher system using AUTH or BUDGETAUTH forms; submissions are ex parte and confidential.

Garnishing party must contact chambers to obtain a return date before filing a Suggestion for Summons in Garnishment.

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

In Social Security appeals, counsel must first address relevant Fourth Circuit authority and must state when none exists before citing sister-circuit law.

Each substantive Commissioner brief in a Social Security appeal must include a signed AUSA certification of personal review and responsibility, or the brief will be stricken.

For currently pending ripe Social Security appeals, the Government must file the certification within 14 days and include previously omitted relevant Fourth Circuit authority.

Government must certify personal review of all facts and case law in every brief, or brief will be stricken.

Government must file certification within 14 days for pending cases and include any missing Fourth Circuit case law.

All counsel must address Fourth Circuit case law first in Social Security appeals.

Retroactive worksheets must be filed as sealed ECF.

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