Judge David J. Novak
Individual Rules, Standing Orders & Policies
- Rules last changed:
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Document Format Requirements3 rules
However, when the HSD exceeds fifty pages, counsel must also provide the documents to the Court on a secure electronic device;
Pro se parties must submit two paper copies (unfolded 8.5x11) of motion, HSD, and certificate of service to Clerk's office.
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 8% x 11 paper
Counsel must submit two paper copies (unfolded 8.5x11) of the memorandum, HSD, and certificate of service.
Counsel shall also submit two paper copies, using unfolded 8% 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).
Document Filing Requirements14 rules
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.
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.
DocumentMotion Requesting Oral Argument
Counsel must address relevant Fourth Circuit case law first in Social Security appeals, or state none exists before citing other circuits.
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.
DocumentBrief
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.
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.
DocumentBrief
ORDERED that the United States Probation Office prepare a recalculation worksheet for each defendant who may be eligible for a sentence reduction based on Amendment 821 and file the worksheet under seal with copies supplied to counsel of record. Each worksheet should include the guidelines used when the defendant was originally sentenced; any reductions to that sentence due to Fed. R. Crim. P. 35(b) motions, the First Step Act, or other adjustments; a summary ofthe defendant's conduct while incarcerated; and the new guideline range resulting from application of Amendment 821;
DocumentRecalculation Worksheet
For currently pending ripe Social Security appeals, the Government must file the certification within 14 days and include previously omitted relevant Fourth Circuit authority.
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.
DocumentCertification
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.
Further, 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.
DocumentSubstantive Brief
Government must certify personal review of all facts and case law in every brief, or brief will be stricken.
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.
DocumentBrief
All counsel must address Fourth Circuit case law first in Social Security appeals.
Effective immediately, 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.
DocumentBrief
Government must file certification within 14 days for pending cases and include any missing Fourth Circuit case law.
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 brief shall be stricken, and the Court will address the issues based on the remaining pleadings and submissions of the parties.
DocumentCertification
Motion to designate HSD must explain why it is highly sensitive and include a Rule 11 certification of good faith belief.
The motion shall explain why such document is highly sensitive or why it should otherwise be subject to the heightened protection for HSDs. 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;
DocumentMotion To Seal
Instead, a blank placeholder document shall be attached to the motion in place of the proposed HSD to reserve the docket number.
DocumentMotion To Seal
In Social Security appeals, counsel must first address relevant Fourth Circuit authority and must state when none exists before citing sister-circuit law.
Effective immediately, 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.
DocumentBrief
Motions to remove HSD status must explain reasons and be filed per Section 2.
To remove documents designated in Section 1(a) from HSD status, the United States Attorney must file a motion that explains to the Court the reasons for doing so. Such motions must be filed pursuant to Section 2 below.
DocumentMotion
Pro se filings are subject to Rule 11 certification where applicable.
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
DocumentMotion To Seal
Filing & Service rules
Electronic Filing Rules
Sealed documents should once again be filed electronically in CM/ECF under the E-Filing procedures in place prior to July 29, 2025, as amended by any future updates to those procedures. Although electronic filing of sealed documents will resume, litigants will no longer be able to access or view such sealed documents by electronic means.
Sealed documents should once again be filed electronically in CM/ECF under the E-Filing procedures in place prior to July 29, 2025, as amended by any future updates to those procedures. Although electronic filing of sealed documents will resume, litigants will no longer be able to access or view such sealed documents by electronic means.
Page 1 | Electronic Filing & Access to Sealed Documents
CJA panel attorneys must comply with electronic filing and eVoucher requirements.
CJA panel attorneys must comply with the requirements of electronic filing and eVoucher.
Criminal cases
Page 21 | Duties of CJA Panel Members
Funding requests must be submitted via eVoucher system using AUTH or BUDGETAUTH forms; submissions are ex parte and confidential.
Requests for authorization of funds for investigative, expert, and other services must be submitted using the court’s eVoucher systemby filing an AUTH or BUDGETAUTH as applicable and/or as instructed by the Case Budgeting Attorney. Requests submitted through the eVoucher system are ex parte and will not be disclosed except with the consent of counsel for the defendant or as required by law or court order.
Criminal cases
Page 23 | XIII.B. Applications
Retroactive worksheets must be filed as sealed ECF.
Those worksheets shall be filed as a sealed ECF sent to the counsel of record at the time of sentencing.
Criminal cases
Page 2 | STANDING ORDER
ACCORDINGLY, THE COURT FINDS that, pursuant to Federal Rule of Civil Procedure 5(d) (3) (A) and Federal Rule of Criminal Procedure 49(b) (3) (A), good cause exists to require all parties to file certain highly sensitive documents outside of the Court’s electronic filing system.
ACCORDINGLY, THE COURT FINDS that, pursuant to Federal Rule of Civil Procedure 5(d) (3) (A) and Federal Rule of Criminal Procedure 49(b) (3) (A), good cause exists to require all parties to file certain highly sensitive documents outside of the Court’s electronic filing system.
Page 1 | Preamble
HSD must not be filed electronically.
a copy of the proposed HSD shall NoT be filed electronically.
Page 3 | 2. Motions to File, Filing, and Service of HSDs
Proposed HSDs must not be filed electronically.
except that a copy of the proposed HSD shall NOT be filed electronically.
Page 5 | Motions to File, Filing, and Service of HSDs
Compensation claims must be submitted via eVoucher system on the appropriate CJA form.
Claims for compensation must be submitted on the appropriate CJA form through the court's eVoucher system.
Criminal cases
Page 22 | Payment Procedures
Filing Timing and Cure Windows
In cases where summary judgment motions were already filed, parties have 5 business days from entry of this order to request 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.
Civil cases
Page 1 | REVISED STANDING ORDER IN SOCIAL SECURITY CASES
Motion requesting oral argument must be filed by the same date as the party's 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.
Civil cases
Page 1 | REVISED STANDING ORDER IN SOCIAL SECURITY CASES
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.
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.
Civil cases
Page 1 | IN THE MATTER OF RELEVANT LAW IN SOCIAL SECURITY APPEALS BEFORE UNITED STATES MAGISTRATE JUDGE SUMMER L. SPEIGHT
ORDERED that within 14 days ofthe worksheet being filed, defense counsel of record should move to be re-appointed or decline re-appointment.
ORDERED that within 14 days ofthe worksheet being filed, defense counsel of record should move to be re-appointed or decline re-appointment.
Criminal cases
Page 1 | ORDERED
Claims for compensation should be submitted no later than 45 days after final disposition of the case, unless good cause is shown.
Claims for compensation should be submitted no later than 45 days after final disposition of the case, unless good cause is shown.
Criminal cases
Page 22 | Payment Procedures
Return date must be at least 45 days after service of the Suggestion on the garnishee.
The return date shall be no less than forty-five (45) days after the garnishee is served with a copy of the Suggestion.
Civil cases
Page 1 | SCHEDULING OF RETURN DATES OF GARNISHMENTS
Counsel must acknowledge receipt of retroactive worksheets within 14 days.
Within fourteen (14) days of receiving the ECF, counsel of record shall acknowledge receipt and may seek reappointment.
Criminal cases
Page 2 | STANDING ORDER
After motion is filed, deliver HSD and certificate of service to 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.
Page 3 | 2. Motions to File, Filing, and Service of HSDs
Service and Proof of Service Rules
Sealed documents filed in CM/ECF must be served by other means (not through CM/ECF); court serves by mail.
Because sealed documents filed in CM/ECF will not be accessible or viewable by litigants electronically, service of those documents can no longer be accomplished through CM/ECF. After filing sealed documents on CM/ECF, parties will have to serve the sealed documents by other appropriate means as provided by the Federal Rules of Procedure. See Fed. R. Civ. P. 5 & Fed. R. Crim. P. 49 (outlining the rules governing service "by other means" and requirements for filing certificates of service). The Court will generally serve sealed documents in paper by mail.
Page 1 | Service of Sealed Documents Filed in CM/ECF
In criminal cases, serve HSD by any method under Criminal Rule 49(a)(3)(B) or (a)(4).
ii. Criminal cases - by any manner specified in Criminal Rule 49(a) (3) (B) or (a) (4).
Page 4 | 2. Motions to File, Filing, and Service of HSDs
In civil cases, serve HSD by any method under Civil Rule 5(b)(2) except via e-filing.
i. Civil cases - by any manner specified in Civil Rule 5(b) (2), except for service via the Court's electronic filing system;
Page 4 | 2. Motions to File, Filing, and Service of HSDs
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.
It is further ORDERED that a copy of the Transportation Order shall be provided to the United States Attorney's Office and to counsel of record for any subject of the Order. A copy may be provided to those law enforcement officials involved in the prosecution of the case, and to the United States Marshals Service, Deputy United States Marshals, and authorized law enforcement officers, as necessary, to effect the transportation of the prisoner or defendant who is the subject of the Transportation Order.
Criminal cases
Page 2 | Standing Order
Memorandum containing highly sensitive information may be served on opposing party and delivered in print to the judge, not filed via CM/ECF.
If the memorandum in support of the motion contains highly sensitive information necessary to explain the basis for classification as an HSD, the memorandum may be served on any opposing party and delivered (but not filed via CM/ECF) in printed form to the presiding judge.
Page 3 | 2. Motions to File, Filing, and Service of HSDs
Retroactive worksheets are served on counsel of record via sealed ECF.
Those worksheets shall be filed as a sealed ECF sent to the counsel of record at the time of sentencing.
Criminal cases
Page 2 | STANDING ORDER
Court issues order on HSD motion; if granted, docket entry made. Clerk serves paper copies of orders by mail.
The Court will issue an order on the motion and, if granted, an entry will be made on the case docket indicating that the HSD has been filed with the Court. The Clerk's office will serve paper copies of these orders by mail and shall reflect such service in an informational entry.
Page 4 | 2. Motions to File, Filing, and Service of HSDs
Sealing & Redaction Procedures
Transportation Orders may be filed under seal by placing 'UNDER SEAL' on the face sheet.
It is, therefore, ORDERED that any Transportation Order directing the transportation of defendants or other prisoners for purposes of debriefings or interviews may be filed under seal by placing the words UNDER SEAL on the face sheet of the Order.
Criminal cases
Page 1 | Standing Order
Transportation Orders remain under seal unless the court orders otherwise.
It is further ORDERED that such Transportation Orders shall remain under seal unless otherwise ordered by the court.
Criminal cases
Page 2 | Standing Order
Recalculation worksheet must be filed under seal.
ORDERED that the United States Probation Office prepare a recalculation worksheet for each defendant who may be eligible for a sentence reduction based on Amendment 821 and file the worksheet under seal with copies supplied to counsel of record.
Criminal cases
Page 1 | ORDERED
Retroactive worksheets must be filed as sealed ECF.
Those worksheets shall be filed as a sealed ECF sent to the counsel of record at the time of sentencing.
Criminal cases
Page 2 | STANDING ORDER
Counsel must seek leave of court before filing an HSD.
If represented by counsel, any party seeking to file an HSD must, before such filing, seek leave of court for such filing.
Page 3 | 2. Motions to File, Filing, and Service of HSDs
Documents must be submitted in a sealed envelope marked 'HIGHLY SENSITIVE DOCUMENT' with redacted caption page and placeholder number affixed.
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).
Page 4 | 2. Motions to File, Filing, and Service of HSDs
Pro se parties must submit HSDs to Clerk's Office in sealed envelope marked 'HIGHLY SENSITIVE DOCUMENT' with redacted caption page and CM/ECF number; proposed HSD not filed electronically.
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 document number. 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. 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;
Page 5 | Motions to File, Filing, and Service of HSDs
Petitions for violation of probation/supervised release/pretrial release conditions that include a request for an arrest warrant must be filed under seal; upon arrest, the Clerk shall unseal the petition and the docket entry for the warrant return.
It is therefore ORDERED that petitions for violation of probation, supervised release, or pretrial release conditions, and any addenda relating to those petitions, initiated by the U.S. Probation Office, which include a request for the issuance of an arrest warrant and any warrant issued, shall be filed under seal and not disclosed to counsel or the public without order of the Court. Upon the arrest of the defendant, the Clerk shall unseal the petition and the docket entry for the return of the executed warrant, unless otherwise ordered by the Court.
Criminal cases
Page 2 | Order regarding sealing of petitions for violation of probation, supervised release, or pretrial release conditions
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.
ORDERED that the Clerk's Office and Probation Office are permitted to disclose the Presentence Investigation Report, any sealed judgments, and any sealed documents related to sentencing to counsel of record upon their request, without further order ofthe Court. Requests for any other sealed materials must be made by a motion.
Criminal cases
Page 2 | ORDERED
Court may order removal of HSDs from e-filing system upon motion; motion must explain why highly sensitive.
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. The Clerk's office will make an informational docket entry in the Court’s electronic filing system indicating that the HSD remains on file with the Court. 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.
Page 5 | Removal of Existing HSDs or Highly Sensitive Cases from the Court’s Electronic Filing System
Pre-Motion Conference Requirements
A motion is not withdrawn solely because no hearing was requested or waived, and the Court schedules a hearing only if it finds one necessary after reviewing the briefs.
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 formal waiver of hearing. In all cases, the Court will schedule a hearing only if it determines one to be necessary after review of the briefs.
Civil cases
Page 1 | IN RE: LOCAL CIVIL RULE 7(E)
Motions are not withdrawn for lack of hearing request; court decides on hearing after briefs.
No motion will be deemed withdrawn purely based on the absence of a motion requesting a hearing or, in the alternative, a formal waiver of hearing. In all cases, the Court will schedule a hearing only if it determines one to be necessary after review of the briefs.
Civil cases
Page 1 | STANDING ORDER
Chambers Communication Rules
Garnishing party must contact chambers to obtain a return date before filing a Suggestion for Summons in Garnishment.
the garnishing party shall contact chambers to obtain a return date before filing a Suggestion for Summons in Garnishment.
Civil cases
Page 1 | SCHEDULING OF RETURN DATES OF GARNISHMENTS
Any questions about how a sealed document should be filed with the Court or accessed should be directed to the Clerk's Office in the relevant Division of this Court: Alexandria - (703) 299-2100 Newport News (757) 247-0784 Norfolk - (757) 222-7201 Richmond - (804) 916-2220
Any questions about how a sealed document should be filed with the Court or accessed should be directed to the Clerk's Office in the relevant Division of this Court: Alexandria - (703) 299-2100 Newport News (757) 247-0784 Norfolk - (757) 222-7201 Richmond - (804) 916-2220
Page 2 | Questions about Sealed Document Procedures
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
Page 6 | Questions about HSD Filing Procedures