Judge Summer L. Speight
Individual Rules, Standing Orders & Policies
- Rules last changed:
Document Filing Requirements8 rules
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.
DocumentBrief
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.
DocumentBrief
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.
DocumentCertification
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.
DocumentBrief
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.
DocumentBrief
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.
DocumentCertification
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.
DocumentMotion
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.
DocumentMotion
Filing & Service rules
Filing Timing and Cure Windows
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.
Civil cases
Page 1 | Standing Order in Social Security Cases
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.
Civil cases
Page 2 | STANDING ORDER IN SOCIAL SECURITY CASES
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.
Civil cases
Page 1 | REVISED STANDING ORDER IN SOCIAL SECURITY CASES
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.
Civil cases
Page 1 | REVISED STANDING ORDER IN SOCIAL SECURITY CASES
Pre-Motion Conference Requirements
Parties requesting oral argument in social security cases must file a separate motion and supporting memorandum specifying issues and explaining why they cannot be addressed in writing, by the date they file a motion for summary judgment or within 5 business days if summary judgment motions were already filed.
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. 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. 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. The Court shall consider any failure to affirmatively address oral argument as a representation that the party does not consider oral argument to be appropriate in that case.
Civil cases
Page 1 | REVISED STANDING ORDER IN SOCIAL SECURITY CASES
Local Rule 7(E) does not apply; hearings scheduled only if necessary after brief review.
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.
Civil cases
Page 1 | STANDING ORDER