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Court Rules

Eastern District of Virginia Filing Timing and Cure Windows

30 rules from official source documents

Filing cutoffs, deemed-filed rules, rejection handling, cure periods, and outage procedures.

Cutoffs and deemed-filed rules

CRITICAL

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. Novak

CRITICALCivil cases

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. Novak

CRITICALCriminal cases

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.

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. Davis

CRITICALCivil cases

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. Colombell

CRITICALCivil cases

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. Speight

CRITICALCivil 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.

Magistrate Judge Summer L. Speight

CRITICAL

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 John A. Gibney, Jr.

CRITICALCivil 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.

Senior Judge John A. Gibney, Jr.

CRITICALCivil cases

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 John A. Gibney, Jr.

WARNINGCriminal cases

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. Davis

WARNINGCriminal cases

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. Davis

INFOCriminal cases

Absent extraordinary circumstances, the court expects to act on compensation claims within 30 days, and vouchers should not be delayed or reduced to diminish program costs in response to adverse financial circumstances.

Absent extraordinary circumstances, the court expects to act on CJA compensation claims within 30 days of submission, and vouchers should not be delayed or reduced for the purpose of diminishing Defender Services program costs in response to adverse financial circumstances.

Senior Judge John A. Gibney, Jr.

Filing deadlines

CRITICALCriminal cases

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

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

Judge David J. Novak

CRITICALCivil cases

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. Novak

CRITICALCivil cases

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. Novak

CRITICALCivil cases

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. Novak

CRITICALCriminal cases

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. Novak

CRITICALCriminal cases

Claims for compensation should be submitted no later than 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.

Judge David J. Novak

CRITICALCivil cases

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. Colombell

CRITICALCriminal cases

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

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

Magistrate Judge Mark R. Colombell

CRITICALCivil cases

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. Colombell

CRITICALCivil cases

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. Colombell

CRITICALCivil cases

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. Colombell

CRITICALCivil cases

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. Speight

CRITICALCivil 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.

Magistrate Judge Summer L. Speight

CRITICALCriminal cases

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

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

Senior Judge John A. Gibney, Jr.

CRITICALCivil cases

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 John A. Gibney, Jr.

WARNINGCriminal cases

Claims for compensation should be submitted no later than 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. Colombell

WARNINGCriminal cases

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 John A. Gibney, Jr.

WARNINGCriminal cases

Compensation claims should 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.

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

What filing deadlines does Eastern District of Virginia set?

Senior Judge John A. Gibney, Jr.: within 14 days ofthe worksheet being filed, defense counsel of record should move to be re-appointed or decline re-appointment.

View ruleOfficial source Source: page 1, section STANDING ORDER

Judge David J. Novak: ORDERED that within 14 days ofthe worksheet being filed, defense counsel of record should move to be re-appointed or decline re-appointment.

View ruleOfficial source Source: page 1, section ORDERED

Magistrate Judge Mark R. Colombell: 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.

View ruleOfficial source Source: page 1, section REVISED STANDING ORDER IN SOCIAL SECURITY CASES

14 more rules answer this question.

What filing deadlines apply to certification filings in Eastern District of Virginia?

Judge David J. Novak: 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 ruleOfficial source Source: 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?

Judge David J. Novak: After motion is filed, deliver HSD and certificate of service to Clerk's office as soon as practicable.

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

Senior Judge John A. Gibney, Jr.: Motion for oral argument must be filed by the date the party files a motion for summary judgment.

View ruleOfficial source Source: page 1, section REVISED STANDING ORDER IN SOCIAL SECURITY CASES

Magistrate Judge Mark R. Colombell: Motion for oral argument must be filed by the same date as the party's motion for summary judgment.

View ruleOfficial source Source: page 1, section REVISED STANDING ORDER IN SOCIAL SECURITY CASES

8 more rules answer this question.