Eastern District of Virginia Local Rules and Judge Filing Requirements
Filing requirements from local rules, individual practices, standing orders, and published court policies for Eastern District of Virginia
Federal court local rules are only the first layer. These filing requirements come from individual judges' practices, standing orders, and policies published by the Eastern District of Virginia. They supplement the district local rules and the Federal Rules of Civil Procedure. Requirements vary significantly between judges in the same district, so always verify the specific rules for your assigned judge.
- Judge Leonie M. Brinkema
Probation Office must prepare and file sealed recalculation worksheets for eligible defendants.
- Senior Judge Rebecca Beach Smith
Court registry deposits require a signed court order from the presiding judge.
- Magistrate Judge Mark R. Colombell
Parties must file a separate motion requesting oral argument with a supporting memorandum that specifies the issues and explains why they cannot be addressed in writing.
- 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.
- Senior Judge Jr. John A. Gibney
Transportation Orders filed under seal must have 'UNDER SEAL' on the face sheet.
- Judge Leonie M. Brinkema
Court will provide certain sealed materials to counsel upon request without motion.
- Judge David J. Novak
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.
- Senior Judge Jr. John A. Gibney
Retroactive worksheets must be filed as sealed ECF.
- Magistrate Judge Mark R. Colombell
Transportation Orders for prisoner debriefings or interviews may be filed under seal by marking 'UNDER SEAL' on the face sheet, and such orders remain under seal unless the court orders otherwise.
- Senior Judge Rebecca Beach Smith
Transportation Orders for prisoner debriefings/interviews may be filed under seal
- Judge David J. Novak
Motion requesting oral argument must be filed by the same date as the party's motion for summary judgment.
- Senior Judge Jr. John A. Gibney
Counsel must acknowledge receipt of retroactive worksheets within 14 days.
- Magistrate Judge Mark R. Colombell
Motion for oral argument must be filed by the same date as the party's motion for summary judgment.
- Magistrate Judge Summer L. Speight
Government must file the certification within 14 days of the order for all pending Social Security appeals that are ripe for review.
- Judge Mark S. Davis
Initial CJA voucher may be submitted no sooner than four months after appointment.
- Judge David J. Novak
Sealed documents must be filed electronically in CM/ECF but are not accessible electronically to litigants.
- Senior Judge Jr. John A. Gibney
Sealed documents must be filed electronically in CM/ECF, but litigants cannot access them electronically.
- Magistrate Judge Mark R. Colombell
All parties must file HSDs outside the Court's electronic filing system.
- Judge Mark S. Davis
The HSD itself must not be filed electronically; a blank placeholder is attached to the motion on CM/ECF to reserve the docket number.
- Senior Judge Jr. John A. Gibney
Retroactive worksheets are served on counsel of record via sealed ECF.
- Judge David J. Novak
Court issues order on HSD motion; if granted, docket entry made. Clerk serves paper copies of orders by mail.
- Magistrate Judge Mark R. Colombell
Copies of Transportation Orders must be provided to the US Attorney's Office and counsel of record; copies may also be provided to law enforcement officials involved in the prosecution and to the US Marshals Service as necessary for transportation.
- Judge Mark S. Davis
HSD must be served on other parties: in civil cases by any method under Civil Rule 5(b)(2) except e-filing; in criminal cases by methods under Criminal Rule 49(a)(3)(B) or (a)(4).
- Chief Judge M. Hannah Lauck
Local Rule 7(E) does not apply; no hearing required unless Court determines necessary.
- Judge David J. Novak
Motions are not withdrawn for lack of hearing request; court decides on hearing after briefs.
- Magistrate Judge Mark R. Colombell
The Court will schedule a hearing only if it determines one necessary after reviewing the briefs; motions are not deemed withdrawn for lack of a hearing request.
- Senior Judge Jr. John A. Gibney
Local Civil Rule 7(E) is suspended; motions are not deemed withdrawn for lack of a hearing request; hearings are scheduled only if necessary after briefs are reviewed.
- Judge Roderick C. Young
Rule 7(E) does not apply; motions will not be deemed withdrawn for lack of hearing request or waiver, and the Court will decide whether to schedule a hearing after reviewing briefs.
- Judge David J. Novak
Garnishing party must contact chambers to obtain a return date before filing a Suggestion for Summons in Garnishment.
- Senior Judge Jr. John A. Gibney
Questions about sealed document procedures should be directed to the Clerk's Office by phone.
- Magistrate Judge Mark R. Colombell
Questions about HSD filing procedures should be directed to the relevant division's phone number.
- Judge Mark S. Davis
Questions about HSD filing procedures should be directed to the relevant division by phone.
- Judge David J. Novak
Counsel must submit two paper copies (unfolded 8.5x11) of the memorandum, HSD, and certificate of service.
- Senior Judge Jr. John A. Gibney
Two paper copies on unfolded 8.5x11 paper of memorandum, HSD, and certificate of service must be submitted.
- Judge Mark S. Davis
Paper copies must be on unfolded 8½x11 paper.