Court Rules
Common questions about Judge David J. Novak's rules

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

The rule requires local rule certificate. 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.

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

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

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

View ruleSource: page 1, section STANDING ORDER IN SOCIAL SECURITY CASES
Complete rules summary for Judge David J. Novak

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.

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