Eastern District of Virginia Document Filing Requirements

Applies to

Motion requesting oral argument

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.

Applies to

Recalculation worksheet

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

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 of the defendant's conduct while incarcerated; and the new guideline range resulting from application of Amendment 821

Applies to

Motion to seal

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;

Applies to

Motion to seal

A blank placeholder document must be attached to the motion instead of the HSD to reserve the docket number.

Instead, a blank placeholder document shall be attached to the motion in place of the proposed HSD to reserve the docket number.

Applies to

Brief

Must include

specific language

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.

Applies to

Brief

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.

Applies to

Substantive brief

Must include

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.

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.

Applies to

Certification

Must include

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.

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.

Applies to

Brief

Must include

local rule certificate

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.

Applies to

Certification

Must include

local rule certificate

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.

Applies to

Brief

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.

Applies to

Recalculation worksheet

Must include

certificate of service

Probation Office must prepare and file sealed recalculation worksheets for eligible defendants.

To ensure an efficient method for resolving motions for sentence reductions based on the retroactive amendment to the Sentencing Guidelines(Amendment 821)in the Alexandria Division, it is hereby 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.

Applies to

Motion

The motion for HSD designation must include a certification under FRCP 11 of good faith belief that the material qualifies as highly sensitive.

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;

Applies to

Motion requesting oral argument

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.

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.

Applies to

Brief

Counsel must address relevant Fourth Circuit case law first in Social Security appeals, and state if 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.

Applies to

Transportation order

Transportation Orders must have the words 'UNDER SEAL' on the face sheet when filed under seal.

by placing the words UNDER SEAL on the face sheet of the Order

Applies to

Motion to seal

Parties must seek leave of court before filing an HSD; motion must explain HSD basis and include FRCP 11 certification.

If represented by counsel, any party seeking to file an HSD must, before such filing, seek leave of court for such filing. Any other party may also move the Court to designate a filing as an HSD if, in its judgment, the filing qualifies as an HSD. 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;

Applies to

Brief

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 is 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.

Applies to

Certificate

Certifications for pending Social Security appeals must include any relevant Fourth Circuit case law not previously submitted.

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.

Applies to

Motion to seal

Must include

certificate of service

Pro se parties must file two paper copies (unfolded 8½x11) of HSD motion, the HSD, and certificate of service; FRCP 11 applies where applicable.

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.

Applies to

Brief

In Social Security appeal briefs, counsel must address Fourth Circuit case law on every issue or state that 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.

Applies to

Brief

Government briefs in Social Security appeals must include a certification from the AUSA of personal review; without it, the brief is 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.

Applies to

Brief

All counsel must address relevant Fourth Circuit case law first in Social Security appeals, and state if 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.

Applies to

Brief

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.

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.

Applies to

Certification

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

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.

Applies to

Brief

Counsel must address relevant Fourth Circuit case law first in Social Security appeal briefs, and state if 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.

Applies to

Brief

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

Applies to

Certification

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

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.

Applies to

Transportation order

Transportation Orders filed under seal must have '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.

Applies to

Motion to remove hsd status

Must include

explanation of reasons

The United States Attorney must file a motion explaining reasons to remove HSD status from Section 1(a) documents.

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.

Applies to

Hsd package

Must include

caption

Documents must be submitted in a sealed envelope marked 'HIGHLY SENSITIVE DOCUMENT' with caption page and placeholder number affixed.

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).

Applies to

Motion to seal

Motion to seal must explain why document is highly sensitive and include a 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;

Applies to

Hsd package pro se

Must include

certificate of service

Pro se party must submit motion to seal, HSD, and certificate of service to Clerk's office.

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

Applies to

Motion to seal

Pro Se parties must include an explanation in their motion to seal of why the document is an HSD or should receive heightened protection.

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;

Applies to

Motion to remove hsd

Motions to remove HSDs from the electronic filing system must explain why the document or case is highly sensitive.

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.

Applies to

Recalculation worksheet

Recalculation worksheet must include original guidelines, reductions, conduct summary, and new guideline range.

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 of the defendant's conduct while incarcerated; and the new guideline range resulting from application of Amendment 821

Applies to

Motion requesting oral argument

Parties must file a separate motion for oral argument with a memorandum specifying issues and explaining why filing is insufficient.

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.

Applies to

Brief

Government briefs in Social Security appeals must include a certification by the AUSA that they have personally reviewed and stand by the brief; failure to include results in the brief being 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.

Applies to

Court registry deposit

Must include

court order

Court registry deposits require a signed court order from the presiding judge.

No money shall be sent to the Court or its officers for deposit into the Court's registry without a court order signed by the presiding judge in the case or proceeding.

Applies to

Court registry deposit

Must include

service on clerk

Party must serve deposit order on Clerk of Court.

The party making the deposit or transferring funds to the Court's registry shall serve the order permitting the deposit or transfer on the Clerk of Court.

Applies to

Court registry investment

Must include

cris investment only

CRIS is the only authorized investment mechanism for court registry funds.

Where, by order of the Court, funds on deposit with the Court are to be placed in some form of interest-bearing account or invested in a court-approved, interest-bearing instrument in accordance with Rule 67 of the Federal Rules of Civil Procedure, the Court Registry Investment System ("CRIS"), administered by the Administrative Office of the United States Courts under 28 U.S.C. § 2045, shall be the only investment mechanism authorized.

Applies to

Interpleader funds

Must include

cris dof deposit

Interpleader funds must be deposited in CRIS DOF for tax administration.

Interpleader funds deposited under 28 U.S.C. § 1335 meet the IRS definition of a "Disputed Ownership Fund" (DOF), a taxable entity that requires tax administration. Unless otherwise ordered by the court, interpleader funds shall be deposited in the DOF established within the CRIS and administered by the Administrative Office of the United States Courts, which shall be responsible for meeting all DOF tax administration requirements.

Applies to

Cris fees

Must include

cris fee deduction

10 basis point CRIS fee deducted from interest earnings before distribution.

The custodian is authorized and directed by this Order to deduct the CRIS fee of an annualized 10 basis points on assets on deposit for all CRIS funds, excluding the case funds held in the DOF, for the management of investments in the CRIS. According to the Court's Miscellaneous Fee Schedule, the CRIS fee is assessed from the pool's interest earnings before a pro rata distribution of earnings is made to court cases.

Applies to

Dof fees

Must include

tax withholding, dof fee deduction

20 basis point DOF fee plus federal tax withholding for interpleader funds.

The custodian is authorized and directed by this Order to deduct the DOF fee of an annualized 20 basis points on assets on deposit in the DOF for management of investments and tax administration. According to the Court's Miscellaneous Fee Schedule, the DOF fee is assessed from the pool's interest earnings before a pro rata distribution of earnings is made to court cases. The custodian is further authorized and directed by this Order to withhold and pay federal taxes due on behalf of the DOF.

Applies to

Transportation order

Transportation Orders must have 'UNDER SEAL' marked on the face sheet when filing.

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.

Applies to

Motion

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.

Applies to

Motion to seal

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

Applies to

Brief

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.

Applies to

Highly sensitive document

If the HSD exceeds 50 pages, it must also be provided to the Court on a secure electronic device.

However, when the HSD exceeds fifty pages, counsel must also provide the documents to the Court on a secure electronic device;

Applies to

Motion

Must include

certificate of service

Pro se parties must include FRCP 11 certification with their HSD motion and documents.

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 8½ x 11 paper.

Applies to

Motion to seal

Pro Se parties must include an explanation in their motion to seal about why the document qualifies as an HSD.

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

Applies to

Motion to remove hsd

A motion to remove HSD materials from the electronic filing system must explain why the document is highly sensitive.

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.

Applies to

Recalculation worksheet

Worksheet must include original guidelines, reductions, conduct summary, and new guideline range.

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 of the defendant's conduct while incarcerated; and the new guideline range resulting from application of Amendment 821

Applies to

Motion to remove HSD status

U.S. Attorney must file a motion explaining reasons to remove HSD status, 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.

Applies to

Cja compensation claim

Must include

appropriate cja form

CJA compensation claims must be submitted on the appropriate CJA form through the eVoucher system.

Claims for compensation must be submitted on the appropriate CJA form through the court's eVoucher system.

Applies to

Motion

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.

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.

Applies to

Acknowledgment of receipt

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.

Applies to

Certificate

Certifications for pending Social Security appeals must include any relevant Fourth Circuit case law not previously submitted.

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.

Applies to

Brief

In Social Security appeals, counsel must first address relevant Fourth Circuit case law or state that 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.

Applies to

Motion

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.

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.