Eastern District of Virginia Document Filing Requirements

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.

Source text: 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.

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

Source text: 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.

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

Source text: 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.

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

Source text: 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.

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

Source text: 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.

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

Source text: 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.

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

Source text: 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.

Party must serve deposit order on Clerk of Court.

Source text: 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.

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

Source text: 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.

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

Source text: 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.

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

Source text: 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.

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

Source text: 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.

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

Source text: 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.

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

Source text: 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.

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.

Source text: 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.