Court Rules

Eastern District of Virginia Service and Proof of Service Rules

17 rules from official source documents

E-service, mail, personal service, proof of service, certificate, and timing requirements. This page is scoped to Eastern District of Virginia; use the court rules overview to switch categories without leaving this court.

Applies to
HSD
Service
Other to all parties

In civil cases, serve HSD by any method under Civil Rule 5(b)(2) except via e-filing.

i. Civil cases - by any manner specified in Civil Rule 5(b) (2), except for service via the Court's electronic filing system;

Judge David J. NovakCRITICAL
Applies to
HSD
Service
Other to all parties

In criminal cases, serve HSD by any method under Criminal Rule 49(a)(3)(B) or (a)(4).

ii. Criminal cases - by any manner specified in Criminal Rule 49(a) (3) (B) or (a) (4).

Judge David J. NovakCRITICAL
Applies to
Sealed document
Service
Other

Sealed documents filed in CM/ECF must be served by other means (not through CM/ECF); court serves by mail.

Because sealed documents filed in CM/ECF will not be accessible or viewable by litigants electronically, service of those documents can no longer be accomplished through CM/ECF. After filing sealed documents on CM/ECF, parties will have to serve the sealed documents by other appropriate means as provided by the Federal Rules of Procedure. See Fed. R. Civ. P. 5 & Fed. R. Crim. P. 49 (outlining the rules governing service 'by other means' and requirements for filing certificates of service). The Court will generally serve sealed documents in paper by mail.

Judge David J. NovakCRITICAL
Service
Other

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).

The filing party shall serve the HSD on the other parties as follows: i. Civil cases - by any manner specified in Civil Rule 5(b)(2), except for service via the Court's electronic filing system; or ii. Criminal cases - by any manner specified in Criminal Rule 49(a)(3)(B) or (a)(4).

Judge Mark S. DavisCRITICAL
Applies to
Sealed document
Service
Other to all parties

Sealed documents must be served by other means (not CM/ECF); court serves by mail.

Because sealed documents filed in CM/ECF will not be accessible or viewable by litigants electronically, service of those documents can no longer be accomplished through CM/ECF. After filing sealed documents on CM/ECF, parties will have to serve the sealed documents by other appropriate means as provided by the Federal Rules of Procedure. See Fed. R. Civ. P. 5 & Fed. R. Crim. P. 49 (outlining the rules governing service 'by other means' and requirements for filing certificates of service). The Court will generally serve sealed documents in paper by mail.

Magistrate Judge Mark R. ColombellCRITICAL
Applies to
Highly sensitive document
Service
Other

HSD service: civil cases by Civil Rule 5(b)(2) except e-service; criminal cases by Criminal Rule 49(a)(3)(B) or (a)(4).

The filing party shall serve the HSD on the other parties as follows: i. Civil cases - by any manner specified in Civil Rule 5(b)(2), except for service via the Court’s electronic filing system; or ii. Criminal cases - by any manner specified in Criminal Rule 49(a)(3)(B) or (a)(4).

Senior Judge Jr. John A. GibneyCRITICAL
Applies to
Sealed document
Service
Other

Sealed documents must be served by other means (not through CM/ECF); proof of service is required.

Because sealed documents filed in CM/ECF will not be accessible or viewable by litigants electronically, service of those documents can no longer be accomplished through CM/ECF. After filing sealed documents on CM/ECF, parties will have to serve the sealed documents by other appropriate means as provided by the Federal Rules of Procedure. See Fed. R. Civ. P. 5 & Fed. R. Crim. P. 49 (outlining the rules governing service 'by other means' and requirements for filing certificates of service).

Senior Judge Jr. John A. GibneyCRITICAL
Applies to
Memorandum in support
Service
Personal service to opposing party

Memorandum containing highly sensitive information may be served on opposing party and delivered in print to the judge, not filed via CM/ECF.

If the memorandum in support of the motion contains highly sensitive information necessary to explain the basis for classification as an HSD, the memorandum may be served on any opposing party and delivered (but not filed via CM/ECF) in printed form to the presiding judge.

Judge David J. NovakWARNING
Applies to
Transportation order
Service
Other to all parties

Copies of Transportation Orders must be provided to the U.S. Attorney's Office and counsel of record; may be provided to law enforcement as necessary.

It is further ORDERED that a copy of the Transportation Order shall be provided to the United States Attorney's Office and to counsel of record for any subject of the Order. A copy may be provided to those law enforcement officials involved in the prosecution of the case, and to the United States Marshals Service, Deputy United States Marshals, and authorized law enforcement officers, as necessary, to effect the transportation of the prisoner or defendant who is the subject of the Transportation Order.

Judge David J. NovakWARNING
Service
Other to other

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.

a copy of the Transportation Order shall be provided to the United States Attorney's Office and to counsel of record for any subject of the Order. A copy may be provided to those law enforcement officials involved in the prosecution of the case, and to the United States Marshals Service, Deputy United States Marshals, and authorized law enforcement officers, as necessary, to effect the transportation of the prisoner or defendant who is the subject of the Transportation Order.

Magistrate Judge Mark R. ColombellWARNING
Applies to
Transportation order
Service
Other to other

Copies of Transportation Orders must be provided to the US Attorney's Office and counsel of record.

It is further ORDERED that a copy of the Transportation Order shall be provided to the United States Attorney's Office and to counsel of record for any subject of the Order.

Senior Judge Jr. John A. GibneyWARNING
Applies to
Order
Service
Mail to all parties

Court issues order on HSD motion; if granted, docket entry made. Clerk serves paper copies of orders by mail.

The Court will issue an order on the motion and, if granted, an entry will be made on the case docket indicating that the HSD has been filed with the Court. The Clerk's office will serve paper copies of these orders by mail and shall reflect such service in an informational entry.

Judge David J. NovakINFO
Applies to
Retroactive worksheet
Service
Electronic service to all parties

Retroactive worksheets are served on counsel of record via sealed ECF.

Those worksheets shall be filed as a sealed ECF sent to the counsel of record at the time of sentencing.

Judge David J. NovakINFO
Service
Mail

The Clerk's office serves paper copies of orders on Pro Se HSD motions by mail and records service in an informational docket entry.

The Clerk's office will serve paper copies of these orders by mail and shall reflect such service in an informational entry.

Judge Mark S. DavisINFO
Applies to
Retroactive worksheet
Service
Electronic service to counsel of record

Retroactive worksheets are served on counsel of record via sealed ECF.

Those worksheets shall be filed as a sealed ECF sent to the counsel of record at the time of sentencing.

Senior Judge Jr. John A. GibneyINFO
Service
Mail to all parties

Clerk serves orders by mail and records service in an informational entry.

The Clerk's office will serve paper copies of these orders by mail and shall reflect such service in an informational entry.

Senior Judge Jr. John A. GibneyINFO
Applies to
Sealed document
Service
Mail to all parties

The Court serves sealed documents in paper by mail.

The Court will generally serve sealed documents in paper by mail.

Senior Judge Jr. John A. GibneyINFO
Common questions about Eastern District of Virginia service and proof of service rules

What rule applies to service for hsd in Eastern District of Virginia?

Proof of service is not required by this specific service rule. Details: recipient: all parties. In civil cases, serve HSD by any method under Civil Rule 5(b)(2) except via e-filing.

View ruleSource: page 4, section 2. Motions to File, Filing, and Service of HSDs

What rule applies to service for sealed document in Eastern District of Virginia?

Proof of service is required for the covered service rule. Sealed documents filed in CM/ECF must be served by other means (not through CM/ECF); court serves by mail.

View ruleSource: page 1, section Service of Sealed Documents Filed in CM/ECF

What rule applies to service for highly sensitive document in Eastern District of Virginia?

The rule addresses service method, recipient, or timing requirements. HSD service: civil cases by Civil Rule 5(b)(2) except e-service; criminal cases by Criminal Rule 49(a)(3)(B) or (a)(4).

View ruleSource: page 4, section 2. Motions to File, Filing, and Service of HSDs

What rule applies to service for sealed document in Eastern District of Virginia?

Proof of service is required for the covered service rule. Details: recipient: all parties. Sealed documents must be served by other means (not CM/ECF); court serves by mail.

View ruleSource: page 1, section Service of Sealed Documents Filed in CM/ECF

What service or proof of service rules apply in Eastern District of Virginia?

Proof of service is not required by this specific service rule. 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).

View ruleSource: page 4, section 2. Motions to File, Filing, and Service of HSDs

What rule applies to service for memorandum in support in Eastern District of Virginia?

Proof of service is not required by this specific service rule. Details: method: personal service, recipient: the opposing party. Memorandum containing highly sensitive information may be served on opposing party and delivered in print to the judge, not filed via CM/ECF.

View ruleSource: page 3, section 2. Motions to File, Filing, and Service of HSDs