Court Rules

Eastern District of Virginia Filing Timing and Cure Windows

28 rules from official source documents

Filing cutoffs, deemed-filed rules, rejection handling, cure periods, and outage procedures. This page is scoped to Eastern District of Virginia; use the court rules overview to switch categories without leaving this court.

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.

Judge David J. NovakCRITICAL
Deadline
5 business days

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.

Judge David J. NovakCRITICAL
Deadline
14 calendar days

Defense counsel must move to be reappointed or decline within 14 days of the worksheet being filed.

ORDERED that within 14 days of the worksheet being filed, defense counsel of record should move to be re-appointed or decline re-appointment.

Judge David J. NovakCRITICAL
Deadline
45 calendar days

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.

Judge David J. NovakCRITICAL

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.

Judge David J. NovakCRITICAL
Deadline
14 calendar days

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.

Judge David J. NovakCRITICAL
Deadline
14 calendar days

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.

Judge David J. NovakCRITICAL
Deadline
45 calendar days
Required
Always

Compensation claims must be submitted within 45 days after final disposition, 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.

Judge David J. NovakCRITICAL

Final CJA voucher must be submitted within 45 days of conclusion of representation.

Within 45 days of the conclusion of the representation, counsel should submit a final voucher, without regard to the amount of the claim or the date of any previously submitted voucher.

Judge Mark S. DavisCRITICAL

Motion for 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.

Magistrate Judge Mark R. ColombellCRITICAL
Deadline
14 calendar days

Defense counsel must move to be re-appointed or decline within 14 days of worksheet filing.

ORDERED that within 14 days of the worksheet being filed, defense counsel of record should move to be re-appointed or decline re-appointment.

Magistrate Judge Mark R. ColombellCRITICAL
Deadline
5 business days

In cases where summary judgment motions were already filed, parties have 5 business days from the order's entry to file a motion for 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.

Magistrate Judge Mark R. ColombellCRITICAL
Deadline
14 calendar days

Government must file the certification within 14 days of the Standing Order for pending Social Security appeals.

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.

Magistrate Judge Mark R. ColombellCRITICAL
Deadline
14 calendar days

For pending Social Security appeals, the Government must file the certification within 14 days, including any relevant Fourth Circuit case law not previously submitted; otherwise prior submissions are 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.

Magistrate Judge Mark R. ColombellCRITICAL
Deadline
5 business days

In cases where summary judgment motions were filed before this order, parties have 5 business days from entry to submit a motion for 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.

Magistrate Judge Mark R. ColombellCRITICAL

Government must file the certification within 14 days of the order for all pending Social Security appeals that are ripe for review.

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.

Magistrate Judge Summer L. SpeightCRITICAL

For pending Social Security appeals, the Government must file the certification within 14 days of the order.

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.

Magistrate Judge Summer L. SpeightCRITICAL
Deadline
0 business days

Motion for oral argument must be filed by the date the party files a 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.

Magistrate Judge Summer L. SpeightCRITICAL
Deadline
5 business days

In cases where summary judgment motions were already filed, parties have 5 business days from entry of this order to file a motion for 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.

Magistrate Judge Summer L. SpeightCRITICAL

The HSD must be delivered to the Clerk's office as soon as practicable after the motion is filed.

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.

Senior Judge Jr. John A. GibneyCRITICAL
Deadline
14 calendar days

Defense counsel must move to be re-appointed or decline within 14 days of worksheet filing.

within 14 days of the worksheet being filed, defense counsel of record should move to be re-appointed or decline re-appointment.

Senior Judge Jr. John A. GibneyCRITICAL

Motion for oral argument must be filed by the date the party files a 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.

Senior Judge Jr. John A. GibneyCRITICAL
Deadline
5 business days

For cases with summary judgment motions already filed, parties have 5 business days from entry of this order to file a motion for 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.

Senior Judge Jr. John A. GibneyCRITICAL

Government must file the certification for pending Social Security appeals within 14 days of the Standing Order.

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.

Senior Judge Jr. John A. GibneyCRITICAL

Initial CJA voucher may be submitted no sooner than four months after appointment.

The initial voucher may be submitted no sooner than four months after the date of appointment.

Judge Mark S. DavisWARNING

Subsequent interim CJA vouchers may be submitted when amount exceeds $4,000 or four months after previous voucher.

Subsequent interim vouchers may be submitted when the current interim voucher amount is greater than $4,000 or at four months after the date of the previously submitted interim voucher.

Judge Mark S. DavisWARNING
Deadline
45 calendar days

CJA compensation claims must be submitted within 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.

Magistrate Judge Mark R. ColombellWARNING
Deadline
14 calendar days

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.

Senior Judge Jr. John A. GibneyWARNING
Common questions about Eastern District of Virginia filing timing and cure windows rules

When is a filing treated as filed in Eastern District of Virginia?

The rule addresses filing timing, filing status, or cure windows. Motion requesting oral argument must be filed by the same date as the party's motion for summary judgment.

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

When is a filing treated as filed in Eastern District of Virginia?

The rule states that filing is treated as on submission. 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.

View ruleSource: page 1, section IN THE MATTER OF RELEVANT LAW IN SOCIAL SECURITY APPEALS BEFORE UNITED STATES MAGISTRATE JUDGE SUMMER L. SPEIGHT

When is a filing treated as filed in Eastern District of Virginia?

The rule addresses filing timing, filing status, or cure windows. Compensation claims must be submitted within 45 days after final disposition, unless good cause is shown.

View ruleSource: page 22, section Payment Procedures