Local Rules
for the
Eastern District of Virginia
Effective
TABLE OF CONTENTS
LOCAL CIVIL RULES
Rule 1 Scope of Rules
Rule 3 Area and Divisions
Rule 4 Service and Return
of Summons - Abatement
Rule 5 Designation
and Handling of Documents Under Seal
Rule 7 Pleadings - Motions -
Continuances - Orders
Rule 7.1 Financial
Disclosure
Rule 16 Pretrial Conference
Rule 26 Discovery
and Disclosure
Rule 30 Depositions -
Expenses - Summaries - Reviewing Depositions
Rule 37 Motions to Compel
and Sanctions
Rule 38 Demand
for Jury Trial
Rule 45 Subpoenas
Rule 47 Jurors
Rule 51 Proposed Jury
Instructions and Voir Dire
Rule 54 Costs - Notice of
Appeal - Jury Costs
Rule 56 Summary Judgment
Rule 62 Appeal Bond -
Exemption From
Rule 65 Sureties - Security
- Bondsman
Rule 67 Deposits into Court
Rule 72
Rule 79 Exhibits
Rule 80 Official Court Reporters Transcripts - Hearing on
Transcripts - Record on Appeal
Rule 83.1 Attorneys and Pro
Se Parties
Rule 83.2 Sales and
Distribution of Proceeds of Sales
Rule
83.3 Photographing, Broadcasting, and Televising in Courtroom and Environs
Rule 83.4 Habeas Corpus and
Proceedings in Forma Pauperis
Rule
83.6 Settlement and Alternative Dispute Resolution
LOCAL CRIMINAL RULES
Rule
1 Scope of Rules
Rule
5
Rule
6 Grand Jury
Rule
12 Criminal Cases - Motions
Rule
12.4 Financial Disclosure
Rule
17 Subpoenas
Rule
18 Area and Divisions
Rule
24 Trial Jurors
Rule
30 Proposed Jury Instructions and Voir Dire
Rule
32.2 Sales and Distribution of Proceeds of Sales
Rule
46 Sureties - Security - Bondsman
Rule
47 Pleadings - Motions - Continuances - Orders
Rule
49 Designation and Handling of Documents Under Seal
Rule
53 Photographing, Broadcasting, and Televising in Courtroom and Environs
Rule
55 Exhibits
Rule
57.1 Free Press - Fair Trial Directives
Rule
57.2 Payment of Fees
Rule 57.3 Official Court Reporters Transcripts - Hearing on Transcripts - Record on Appeal
Rule
57.4 Attorneys and Pro Se Parties
Rule
58 Collateral Payments
LOCAL ADMIRALTY RULES
Rule
(a) Authority and Scope
Rule
(b) Personam Actions: Attachment and Garnishment
Rule
(c) Actions In Rem: Special
Provisions
Rule
(d) Possessory, Petitory
and Partition Actions
Rule
(e) Actions In Rem and Quasi In Rem: General
Provisions
Rule
(f) Limitation of Liability
APPENDIX A
Plan
for Third Year Practice Rule
APPENDIX B
Federal
Rules of Disciplinary Enforcement
LOCAL CIVIL RULES
LOCAL CIVIL RULE 1
SCOPE OF RULES
(A) Application: These Local Rules, made
pursuant to the authority granted by Fed. R. Civ. P.
83 for the United States District Courts, as prescribed by the Supreme Court of
the United States, so far as not inconsistent therewith, shall apply in all
civil actions and civil proceedings in the United States District Court for the
Eastern District of Virginia.
(B) Statutory Rules: 1 U.S.C. §§ 1-5,
inclusive, shall, as far as applicable, govern the construction of these Local
Rules.
(C)
Effective Date of Amendments:
Amendments to these Local Rules shall take effect on the date of entry of the
order authorizing the amendments and shall govern all proceedings thereafter
commenced and, insofar as just and practicable, all then pending proceedings.
LOCAL CIVIL RULE 3
AREA AND DIVISIONS
(A) Area: The Eastern District of
Virginia consists of the counties, cities, and towns specified in 28 U.S.C. § 127,
and the places for holding Court within the district are prescribed as
Alexandria, Newport News, Norfolk, and Richmond.
(B) Divisions: This district shall be
divided into four divisions to be designated as the
(1) The Alexandria Division shall consist of the City of
(2) The Newport News Division shall consist of the Cities of
Newport News,
(3) The Norfolk Division shall consist of the Cities of
Norfolk,
(4) The Richmond Division shall consist of the Cities of
Richmond, Petersburg, Hopewell, Colonial Heights, and Fredericksburg, and the
Counties of Amelia, Brunswick, Caroline, Charles City, Chesterfield, Dinwiddie,
Essex, Goochland, Greensville, Hanover, Henrico, King and Queen, King George,
King William, Lancaster, Lunenburg, Mecklenburg, Middlesex, New Kent,
Northumberland, Nottoway, Powhatan, Prince Edward, Prince George, Richmond,
Spotsylvania, Surry, Sussex, Westmoreland, and any other city or town
geographically within the exterior boundaries of said counties.
(5) All of the waters, and the land under such waters,
adjacent and opposite to any city, county, or town shall be a part of the
division of which said city, county, or town is a part, and wherever there are
any waters between any city, county, or town which are in different divisions,
then such waters and land under them shall be considered to be in both
divisions.
(6) In the event of any annexation or merger of any cities
and/or counties, the land lying within the merged or annexed area shall be
deemed within the exterior boundaries of the original city or county to the
same intent and purpose as if the annexation or merger had not occurred, unless
otherwise modified by Local Rule.
(C) Division in
Which Suits are to Be Instituted: Civil
actions for which venue is proper in this district shall be brought in the
proper division, as well. The venue rules stated in 28 U.S.C. § 1391 et seq.
also shall apply to determine the proper division in which an action shall be
filed. For the purpose of determining the proper division in which to lay
venue, the venue rules stated in 28 U.S.C. § 1391 et seq. shall be construed as
if the terms "judicial district" and "district" were replaced
with the term "division." However, the Clerk's Office in any division
shall accept for filing new complaints which, venue excepted,
are in proper form. Such complaints shall be filed on the day submitted,
stamped as having been "filed," deemed "filed" for all
purposes, and forwarded to the division where venue lies for further
proceedings.
LOCAL CIVIL RULE 4
SERVICE AND RETURN OF SUMMONS – ABATEMENT
(A) Service and Abatement: If service of
a summons and complaint is sought other than under Fed. R. Civ.
P. 4(d) but is not effected, the Marshal or other person responsible for
effecting service shall return the summons and complaint to the Clerk with an
endorsement thereon stating the reasons for failure to effect service.
All waivers
of service obtained under Fed. R. Civ. P. 4(d) shall
be filed within five (5) days after they are returned to plaintiff. Unless,
within one hundred and twenty (120) days after the complaint is filed, a
defendant has been served, or has appeared or has waived service, the Clerk
shall abate the action and dismiss it without prejudice as to such defendant(s)
after having given, but received no response to, the notice required by Fed. R. Civ. P. 4(m).
Where the
(B) Withholding Service: Requests by a
party to withhold the service of a summons and complaint, or a third-party
summons and complaint upon parties as to whom waiver of service provisions are
inapplicable shall not be granted by the Clerk without leave of Court first
obtained; provided, however, that a party may request the Clerk to withhold the
issuance and service of an in rem process upon advising the Clerk that the
property subject to arrest or attachment is not within the jurisdiction or that
arrangements have been made for the acceptance of service.
(C) Civil Cover
Sheet: The Clerk shall require a complete and executed AO Form
JS 44(a), Civil Cover Sheet, to accompany each civil action filed except as to
actions filed by prisoners and other litigants proceeding pro se.
DESIGNATION AND HANDLING OF
DOCUMENTS UNDER SEAL
(A) Unless
otherwise provided by law or Court rule, no document may be filed under seal
without an order entered by the Court.
(B) A party
submitting a document or portion of a document (e.g., exhibit[s]) for filing
under seal pursuant to a governing statute, rule, or order shall note on the
face of the document that it or a portion of it is filed under seal pursuant to
that statute, rule, or order. The Clerk shall provide public notice by stating
on the docket that the document contains sealed material.
(C) Any
motion for a protective order providing prospectively for filing of documents
under seal shall be accompanied by a non-confidential supporting memorandum, a
notice that identifies the motion as a sealing motion, and a proposed order. A
confidential memorandum for in camera review may also be submitted. The
non-confidential memorandum and the proposed order shall include:
(1) A non-confidential description of what is to be sealed;
(2) A statement as to why sealing is necessary, and why
another procedure will not suffice;
(3) References to governing case law; and
(4) Unless permanent sealing is sought, a statement as to
the period of time the party seeks to have the matter maintained under seal and
as to how the matter is to be handled upon unsealing.
The
proposed order shall recite the findings required by governing case law to
support the proposed sealing.
The Clerk
shall provide public notice by docketing the motion in a way that discloses its
nature as a motion to seal, with its hearing date (if any). Other parties and
non-parties may submit memoranda in support of or opposition to the motion, and
may designate all or part of such memoranda as confidential. Any confidential
memoranda will be treated as sealed pending the outcome of the ruling on the
motion.
(D) Any document not covered by section (B) and filed with the
intention of being sealed shall be accompanied by a motion to seal that
complies with the requirements of section (C). The Clerk shall provide public
notice by docketing the motion in a way that discloses its nature as a motion
to seal, with its hearing date (if any). Other parties and non-parties may
submit memoranda in support of or in opposition to the motion, and may
designate all or part of such memoranda as confidential. The document and any
confidential memoranda will be treated as sealed pending the outcome of the
ruling on the motion. Failure to file a motion to seal will result in the
document being treated as a public record.
(E) Each
document that is the subject of an existing sealing order, or the subject of a
motion for such an order, shall be submitted to the Clerk's Office securely
sealed, with the container clearly labeled "UNDER SEAL." The case
number, case caption, a reference to any statute, rule, or order permitting the
item to be sealed and a non-confidential descriptive title of the document
shall also be noted on the container.
(F) A
motion to have an entire case kept under seal shall be subject to the
requirements and procedures of sections (C) and (E).
(G) Nothing
in this Local Civil Rule limits the ability of the parties, by agreement, to
restrict access to documents which are not filed with the Court.
(H) Trial exhibits, including documents previously filed
under seal, and trial transcripts will not be filed under seal except upon a
showing of necessity demonstrated to the trial judge.
LOCAL CIVIL RULE 7
PLEADINGS - MOTIONS - CONTINUANCES - ORDERS
(A) Grounds and Relief to be Stated: All motions shall state with particularity the grounds
therefor and shall set forth the relief or order sought.
(B) Address and Telephone Number of Attorney and Pro Se Litigants: All pleadings and
motions shall include the attorney's office address and telephone number. All pleadings filed
by non-prisoner litigants proceeding pro se shall contain an address where notice can be
served on such person and a telephone number where such person can be reached or a
message left. All pleadings filed by prisoners proceeding pro se shall contain an address
where notice can be served on such person.
(C) Personal Identifiers:
(b) Names of Minor Children. If the involvement of a minor child must be mentioned, only the initials of that child should be used.
(c) Dates of Birth. If an individual’ s date of birth must be included in a pleading, only the year should be used.
(d) Financial Account Numbers. If financial account numbers of individuals in their personal capacities are relevant, only the last four digits of these numbers should be used.
(e) Home Addresses. If a home address must be included, only the city and state should be listed, except that a party appearing pro se shall comply with section (B).
(b) a reference list shall be tendered for filing under seal in accord with Local Civil Rule 5(B) and the party shall cite the E-Government Act of 2002 as authority in support of the sealing. The reference list shall contain the complete personal identifier(s) and the corresponding redacted identifier(s) used in the filing. All references in the case to the redacted identifiers included in the reference list will be construed to refer to the corresponding complete personal identifier. The reference list may be amended as of right.
(E) Return Date: Except as otherwise provided by an order of the Court or by these Local
Rules, all motions shall be made returnable to the time obtained from and scheduled by the
Court for a hearing thereon. The moving party shall be responsible to set the motion for
hearing or to arrange with opposing counsel for submission of the motion without oral
argument. Unless otherwise ordered, a motion shall be deemed withdrawn if the movant does
not set it for hearing (or arrange to submit it without a hearing) within thirty (30) days after the
date on which the motion is filed. The non-moving party also may arrange for a hearing.
Before endeavoring to secure an appointment for a hearing on any motion, it shall be
incumbent upon the counsel desiring such hearing to meet and confer in person or by
telephone with his or her opposing counsel in a good-faith effort to narrow the area of
disagreement. In the absence of any agreement, such conference shall be held in the office of
the attorney nearest the Court in the division in which the action is pending. In any division
that has a regularly scheduled motions day, the motion should be noticed for the first
permissible motions day.
(F) Briefs Required:
(2) Briefs need not accompany motions for: (a) a more definite statement; (b) an
extension of time to respond to pleadings, unless the time has already expired; and (c)
a default judgment.
(3) All briefs, including footnotes, shall be written in 12 point Roman style or 10 pitch
Courier style with one inch margins. Except for good cause shown in advance of filing,
opening and responsive briefs, exclusive of affidavits and supporting documentation,
shall not exceed thirty (30) 8-1/2 inch x 11 inch pages double-spaced and rebuttal
briefs shall not exceed twenty (20) such pages.
(H) Filing of Pleadings: After the filing of the complaint, all pleadings, motions, briefs, and
filings of any kind must be timely filed with the Clerk's Office of the division in which the case is
pending.
(I) Extensions: Any requests for an extension of time relating to motions must be in writing and, in general, will be looked upon with disfavor.
(K) Motions Against Pro Se Parties: It shall be the obligation of counsel for any party who
files any dispositive or partially dispositive motion addressed to a party who is appearing in the
action without counsel to attach to or include at the foot of the motion a warning consistent
with the requirements of Roseboro v. Garrison, 528 F.2d 309 (4th Cir. 1975). The warning shall
state that:
(2) The Court could dismiss the action on the basis of the moving party's papers if the
pro se party does not file a response; and
(3) The pro se party must identify all facts stated by the moving party with which the pro
se party disagrees and must set forth the pro se party's version of the facts by offering
affidavits (written statements signed before a notary public and under oath) or by filing
sworn statements (bearing a certificate that it is signed under penalty of perjury); and
(4) The pro se party is also entitled to file a legal brief in opposition to the one filed by
the moving party.
FINANCIAL DISCLOSURE (A) Required Disclosure. A nongovernmental corporation, partnership, trust, or other
similar entity that is a party to, or that appears in, an action or proceeding
in this Court shall: (1) file two (2) copies of a
statement that: a. identifies all its parent, subsidiary, or affiliate
entities (corporate or otherwise) that have issued stock or debt securities to
the public and also identifies any publicly held entity (corporate or
otherwise) that owns 10% or more of its stock, and b. identifies all parties in the
partnerships, general or limited, or owners or members of non-publicly traded
entities such as LLCs or other closely held entities,
or c. states that there is nothing to
report under Local Civil Rule 7.1(A)(1)(a) and (b); and (2) file a supplemental statement
containing such additional information as may be from time to time required by
the Judicial Conference of the (B) Time for Filing. A statement or form
required by Local Civil Rule 7.1(A) shall be filed upon the party's first
appearance, pleading, petition, motion, response, or other request addressed to
the Court. A supplemental statement or form shall be filed promptly upon any
change in the circumstances that Local Civil Rule 7.1(A) requires the party to
identify. (C) Statement
Delivered to Judge. The Clerk shall deliver a copy of the Local
Civil Rule 7.1(A) disclosure to each judge acting in the action or proceeding. LOCAL CIVIL RULE 16 PRETRIAL CONFERENCE (A) Applicability of Rule 16: Proceedings
upon a defendant's default and matters involving habeas corpus petitions, other
pro se prisoner petitions, bankruptcy
proceedings, condemnation cases, forfeitures, and reviews from administrative
agencies, are not subject to the provisions of this Local Rule, but the judge
to whom any such case is assigned may, in his or her discretion, follow the
procedure outlined herein in whole or in part in any case. (See Fed. R. Civ. P. 16(b).) (B) Initial Pretrial Conference and Order and Scheduling
Order: In all other civil actions, as promptly as possible
after a complaint or notice of removal has been filed, the Court shall schedule
an initial pretrial conference to be conducted in accordance with Fed. R. Civ. P. 16(b). In addition
thereto, or in lieu thereof, not later than ninety (90) days from first
appearance or one hundred and twenty (120) days after service of the complaint,
the Court shall enter an order fixing the cut-off dates for the respective
parties to complete the processes of discovery, the date for a final pretrial
conference and, whenever practicable, the trial date, and providing for any
other administrative or management matters permitted by Fed. R.
Civ. P. 16 or by law generally. The parties and their counsel are bound by the dates
specified in any such orders and no extensions or continuances thereof shall be
granted in the absence of a showing of good cause. Mere failure on the part of
counsel to proceed promptly with the normal processes of discovery shall not
constitute good cause for an extension or continuance. DISCOVERY AND DISCLOSURE (A) Discovery: (1) In this district, pursuant to Fed. R. Civ. P. 26(f), hereinafter Rule 26(f), it may be required
by order that: (a) the scheduling and planning
conference outlined in Fed. R. Civ. P. 16(b) be held
fewer than twenty-one (21) days after the conference required by Rule 26(f);
and (b) the written report outlining the discovery plan due
under Rule 26(f) be filed fewer than fourteen (14) days after the conference
between the parties or the parties be excused from submitting a written report
and be permitted to report orally on their discovery plan at the conference
required by Fed. R. Civ. P. 16(b).
(2) In this district, magistrate judges are authorized to
conduct the scheduling and planning conference and issue the scheduling order
for which provision is made in Fed. R. Civ.
P. 16(b). (B) Requirement of Writing: All
objections to interrogatories, depositions, requests, or applications under
Fed. R. Civ. P. 26 through 37, as well as all motions
and replies thereto concerning discovery matters, shall be in writing. If time
does not permit the filing of a written motion, the Court may, in its
discretion, waive this requirement. (C) Objections to Discovery Process: Unless
otherwise ordered by the Court, an objection to any interrogatory, request, or
application under Fed. R. Civ. P. 26 through 37,
shall be served within fifteen (15) days after the service of the
interrogatories, request, or application, except that a defendant may serve any
such objection within thirty (30) days after service of the summons and
complaint upon that defendant and within forty-five (45) days after service of
the summons and complaint, shall serve responses to interrogatories, requests,
or applications that are served with the complaint and as to which no objection
is made. The Court may allow a shorter or longer time. Any such objection shall
be specifically stated. Any such objection shall not extend the time within
which the objecting party must otherwise answer or respond to any discovery
matter to which no specific objection has been made. (D) Expert
Disclosures: (1)
Agreement Upon Disclosure: Counsel are encouraged to agree
upon the sequence and timing of the expert disclosures required by Fed. R. Civ. P. 26(a)(2). All such
agreements must be in the form of a consent order entered by the Court. (2) Timing
of Mandatory Disclosure: Absent such a consent order or unless ordered
otherwise, the disclosures required by Fed. R. Civ.
P. 26(a)(2) shall be made first by the plaintiff not later than sixty (60) days
before the earlier of the date set for completion of discovery or for the final
pretrial conference, if any, then by the defendant thirty (30) days thereafter.
Plaintiff shall disclose fifteen (15) days thereafter any evidence that is
solely contradictory or rebuttal evidence to the defendant's disclosure. (3)
Completion of Disclosure: Whether accomplished by agreement pursuant to Local
Civil Rule 26(D)(1) or pursuant to the schedule set by Local Civil Rule
26(D)(2), all parties shall complete all forms of expert disclosure and
discovery not later than thirty (30) days after the date upon which plaintiff
is, or would be, required by Fed. R. Civ. P. 26(a)(2)(C) to disclose contradictory or rebuttal evidence. (4) General
Provisions: For purposes of this Local Rule, counter-claim plaintiffs,
cross-claimants, and third-party plaintiffs shall be plaintiffs as to all
elements of the counter-claim, cross-claim, or third-party claim. Answers to
interrogatories directed at clarification of the written reports of expert
witnesses disclosed pursuant to Fed. R. Civ. P. 26(a)(2) shall be due fifteen (15) days after service. LOCAL CIVIL RULE 30 DEPOSITIONS - EXPENSES - SUMMARIES -
REVIEWING DEPOSITIONS (A) Discovery: Any party, or
representative of a party (e.g., officer, director, or managing agent), filing
a civil action in the proper division of this Court must ordinarily be
required, upon request, to submit to a deposition at a place designated within
the division. Exceptions to this general rule may be made on order of the Court
when the party, or representative of a party, is of such age or physical
condition, or special circumstances exist, as may reasonably interfere with the
orderly taking of a deposition at a place within the division. A defendant, who
becomes a counterclaimant, cross-claimant, or third-party plaintiff, shall be
considered as having filed an action in this Court for the purpose of this
Local Rule. This subsection shall not apply to an involuntary plaintiff or an interpleader plaintiff. (B) Recording and Transcribing Transcript of Discovery
Deposition: The expense of recording a deposition shall be paid
by the party seeking to take same. The expense of transcribing the deposition
shall be paid by any party ordering the preparation of the original. Any other
party desiring a copy of said deposition shall pay for same at the copy rate.
Parties may, by agreement, equally share the costs of attendance and
transcribing, including such copies as desired. (C) Attorneys' Fees: Unless the services
of associate counsel are retained, in lieu of travel expense, it is not the
policy of the Court to make an allowance of counsel fees in attending any
deposition, except to the extent provided by statute and otherwise in this
Local Rule, but the Court reserves the right to make a reasonable allowance
where the circumstances of the case may justify same. (D) Security for Travel Expense: Any
party desiring to take the deposition of a witness (not a party or
representative of a party) for discovery or use at trial or a party or
representative of a party as ordered by the Court under Local Civil Rule 30(A),
beyond a division of the Court in which the action is pending, shall, if such
testimony cannot be readily procured in another manner, prepay or secure the
reasonable cost of travel of not more than one opposing counsel to the place of
taking the deposition and return therefrom, but in no
event shall the reasonable costs of travel exceed an amount which would
reasonably be required to be paid to associate counsel in the area in which the
deposition is being taken unless insufficient time is allowed in giving the
notice to take depositions. (E) Travel Expense: The costs of travel
as provided in this Local Rule shall consist of the reasonable costs of travel
by air or other public transportation, or an allowance for travel by private
automobile at the prevailing rate per mile as may be provided for federal
government employees on official business, or whichever means of transportation
is reasonably selected and used, including the cost of transportation from the
office or residence to the terminal of the public transportation and from the
destination terminal to the place of the taking of the deposition, and
reasonable overnight accommodations, if deemed reasonably necessary, and
return. The Court may, in its discretion, make a reasonable allowance for food. The cost of
travel, as herein defined, shall apply to any witness (not a party or the
representative of a party) required to attend the taking of a deposition. As to
any witness attending a trial or hearing in a civil action, pursuant to Fed. R.
Civ. P. 45(b)(2), the expense
of such cost of travel shall be taxed as costs if said witness testifies or if
it is reasonably necessary for the witness to appear, but said costs of travel
shall be limited to what would have been expended if said witness resided
within one hundred (100) miles from the place of the trial or hearing, together
with such reasonable allowance, if required for the purpose of the witness
testifying, for overnight accommodations and food. If the witness resided
within one hundred (100) miles of the place of trial or hearing, the cost of
travel shall be limited to the mileage and attendance fees as provided by law. (F) Reviewing Depositions: Whenever
depositions are expected to be presented in evidence, counsel shall, before the
final pretrial conference or if same are not then available before the day of
trial, review such depositions and (1) extract therefrom
a short statement of the qualifications of any expert witness to read to the
jury, (2) eliminate unnecessary and/or irrelevant matters, and (3) eliminate
all objections and statements of counsel to avoid reading same to a jury. In
the event counsel are unable to agree on what shall be
eliminated, they shall submit to the Court for a ruling thereon before the date
of trial. Failure to do so will constitute a waiver of objections. (G) Summaries of Depositions: In all nonjury cases, counsel shall attach to any deposition a
summary of the examination of the testimony of each witness, thereby pointing
out the salient points to be noted by the Court. (H) Reasonable
Notice: As a general rule, eleven (11) days in advance of the
contemplated taking of a deposition shall constitute reasonable notice of the
taking of a deposition in the continental United States, but this will vary
according to the complexity of the contemplated testimony and the urgency of
taking the deposition of a party or witness at a particular time and place. MOTIONS TO COMPEL AND SANCTIONS (A) Motions to Compel: After a discovery request
is objected to, or not complied with, within time, and if not otherwise
resolved, it is the responsibility of the party initiating discovery to place
the matter before the Court by a proper motion pursuant to Fed. R. Civ. P. 37, to compel an answer,
production, designation, or inspection. Such motion must be accompanied
by a brief as required by Local Civil Rule 37(B). (B) Briefing of Discovery Motions: Unless
otherwise ordered, the scheduling and page limitation provisions of Local Civil
Rule 7(E) shall apply to all discovery motions; provided that the Court may
elect to decide discovery motions without briefing. (C) Compliance with Discovery Orders: After
the Court has ruled on a discovery motion, any answer, production, designation,
inspection, or examination required by the Court shall be completed within
eleven (11) days after the entry of the order on the motion, unless otherwise
ordered by the Court. (D) Failure to Comply with Order: A party
objecting to the failure of another party to comply with an order on a
discovery motion shall be responsible for bringing the non-compliance before
the Court by a proper motion for supplementary relief pursuant to Fed. R. Civ. P. 37. (E) Consultation Among Counsel: Counsel
shall confer to decrease, in every way possible the filing of unnecessary
discovery motions. No motion concerning discovery matters may be filed until
counsel shall have conferred in person or by telephone to explore with opposing
counsel the possibility of resolving the discovery matters in controversy. The
Court will not consider any motion concerning discovery matters unless the
motion is accompanied by a statement of counsel that a good faith effort has
been made between counsel to resolve the discovery
matters at issue. (F) Extensions: Depending upon the facts
of the particular case, the Court in its discretion may, upon appropriate
written motion by a party, allow an extension of time in excess of the time
provided by the Federal Rules of Civil Procedure, these Local Rules, or previous
Court order, within which to respond to or complete discovery or to reply to
discovery motions. Any agreement between counsel
relating to any extension of time is of no force or effect; only the Court,
after appropriate motion directed thereto, may grant leave for any extension of
time. Unless otherwise specifically provided, such extension will be upon the
specific condition that, regardless of what may be divulged by such discovery, it will not in any manner alter the schedule of
dates and procedure previously adopted by the Court in the particular case. (G) Unnecessary Discovery Motions or Objections: The
presentation to the Court of unnecessary discovery motions, the presentation to
another party or non-party of unnecessary discovery requests of any kind, as
well as any unwarranted opposition to proper discovery proceedings, will
subject such party to appropriate remedies and sanctions, including the
imposition of costs and counsel fees. (H) Sanctions: Should any party or
attorney fail to comply with any of the provisions of this Local Rule 37 or
otherwise fail or refuse to meet and confer in good faith in an effort to
narrow the areas of disagreement concerning discovery, sanctions provided by
Fed. R. Civ. P. 37 may be imposed. (I) The provisions of Local Civil
Rule 37(A) through (H) above also apply to disputes over the disclosures
required by Fed. R. Civ. P. 26(a)(1). LOCAL CIVIL RULE 38 DEMAND FOR JURY TRIAL Any
demand for jury in a civil action must be in writing and filed strictly in
accordance with Fed. R. Civ. P. 38. Removal actions
shall be governed by Fed. R. Civ. P. 81(C). In the
event another party is added, the additional party may demand trial by jury at
any time within twenty (20) days after such party is served with process or
summons. LOCAL CIVIL RULE 45 SUBPOENAS (A) Issuance of Subpoenas: Attorneys of
record in an action, or associates in firms of record, as officers of the
Court, shall issue all subpoenas in the action as authorized by Fed. R. Civ. P. 45(a)(3). Parties appearing
pro se may apply for subpoenas
in their own behalf. All such requests by such party must be accompanied by a
memorandum setting forth the names and addresses of witnesses or the documents
requested and why and for what purpose or purposes. All such requests by pro se parties shall be referred to a
judge or magistrate judge of this Court who shall first determine whether the
requested subpoena shall issue; provided, however, that such determination
shall not preclude any witness or person summoned or other interested party
from later contesting the subpoena. (B) Return Date of Subpoenas: All
subpoenas shall be made returnable to the place, date, and time of trial or
hearing, unless otherwise ordered by the Court. (C) Proof of Service of Subpoenas: In civil
actions, the party issuing a subpoena for a trial, a hearing, or contempt
proceedings, or when it is otherwise necessary to file proof of service, shall
file proof of service in the form required by Fed. R. Civ.
P. 45(b)(3). Any such proof of service shall be filed
promptly and, in any event, within the time during which the person served must
respond to the subpoena. Lawyers and parties proceeding pro se shall file with the proof of
service in civil actions a certificate that all required witness fees and
expenses were served with the subpoena requiring the attendance of the witness.
(D) Subpoenas to Officials: Without first
obtaining permission of the Court, no subpoena shall issue for the attendance
at any hearing, trial, or deposition of: (1) the Governor, Lieutenant Governor,
or Attorney General of any State; (2) a judge of any court; (3) the President
or Vice-President of the United States; (4) any member of the President's
Cabinet; (5) any Ambassador or Consul; or (6) any military officer holding the
rank of Admiral or General. (E) Timely Service of Subpoenas for Trial or Hearings: Except
as otherwise ordered by the Court for good cause shown, subpoenas for
attendance of witnesses at hearings or trials in civil actions shall be served
not later than fourteen (14) days before the date of the hearing or trial. (F) Deposition Subpoenas: Proof of
service of a notice to take depositions as provided in Fed. R. Civ. P. 30(b) and 31(b) constitutes sufficient
authorization for the issuance of a subpoena by the Clerk for the district in
which the deposition is to be taken for the attendance of persons named or
described therein. Except as otherwise ordered by the Court for good cause
shown, subpoenas compelling attendance at a deposition shall be served not
later than eleven (11) days before the date of the deposition. No subpoena for
the taking of depositions shall be issued by the Clerk unless there be
exhibited to the Clerk a copy of the notice to take deposition together with a
statement of the date and manner of service and of the names of the persons
served, certified by the person who made service. (G) Civil Actions - Place of Taking Deposition: Except
with respect to a witness in a foreign country (See 28 U.S.C. § 1783), the
Clerk shall, upon request, issue a subpoena for taking a deposition requiring
the appearance of any party or witness at any place within the district or 100
miles from the place where that person resides, is employed, or transacts
business in person, or is served, or at such other convenient place as is fixed
by an order of court. (H) Subpoenas in
Blank: Whenever there is a question as to whether or not a
subpoena in blank should be issued by the Clerk, the applicant shall be
referred to a judge of this Court for a final determination. Before issuing a
subpoena in blank, the Clerk shall determine the actual pendency
of the action and the date and time set for hearing or trial. Except for good
cause shown, a blank subpoena returnable in one division will not be issued out
of another division. Blank subpoenas shall recite the title and number of the
case and shall be completed in every detail except for the name and address of
the witness. Returns of service shall be made promptly and filed with the
Clerk. Service of subpoenas in blank shall be subject to the requirements of
these Local Rules. JURORS (A) Jury Lists: (1) The entire list of names drawn to serve a division of
the Court for a particular period and for a particular action or case, together
with the questionnaires prepared by the jurors, may be disclosed to counsel for
the parties, or to any party acting pro se,
unless the Court directs otherwise. However, no juror shall be
approached, either directly or through any member of his or her immediate
family, in an effort to secure information concerning such juror. (2) When the jurors report for duty at a session of Court,
the Clerk shall, upon request, make available to counsel for the parties, or to
any party actingpro se, a list of such jurors. (B) Peremptory Challenges: In civil
actions where there are several plaintiffs and/or several defendants, the Court
may allow each or both sides more than the usual number of peremptory challenges
permitted by law upon motion made at least twenty-one (21) days before the date
set for commencement of trial. Untimely motions will not be entertained. (C) Communication
with Jurors: No attorney or party litigant shall personally, or
through any investigator or any other person acting for the attorney or party
litigant, interview, examine, or question any juror or alternate juror with
respect to the verdict or deliberations of the jury in any civil action except
on leave of Court granted upon good cause shown and upon such conditions as the
Court shall fix. PROPOSED JURY INSTRUCTIONS AND VOIR
DIRE Except as
provided otherwise in a pretrial or scheduling order, in all cases tried to a jury
the parties shall submit proposed instructions and voir
dire questions to the Court in duplicate, with a copy to opposing counsel, at
least five (5) business days before the scheduled trial date. Each instruction
shall be set forth on a separate page and shall be numbered and identified
appropriately by the party submitting it. The original shall bear at its foot a
citation of the authority in support of the instruction. Instructions shall be
filed as a group together with a cover sheet in pleading form and a certificate
of service. Instructions filed with the Court must be proffered to the Court
during the instruction conference and ruled upon by the judge to become a part
of the official record for appeal. COSTS - NOTICE OF APPEAL - JURY
COSTS (A) Payment in Advance: All fees and
costs due the Clerk shall be paid in advance except as otherwise provided by
law. (B) Stipulation for Costs for Certain Admiralty and
Maritime Claims: No stipulation for costs for complaints,
petitions, counterclaims, and cross-claims, and the filing of an answer,
appearance, or claim shall be required, unless specifically ordered by the
Court, except where now or hereafter required by statute, the Federal Rules of
Civil Procedure, or the Supplementary Rules for Certain Admiralty and Maritime
Claims heretofore or hereafter adopted by Congress or through the rule making
process. (C) Bond Premiums: If costs are awarded
by the Court, the reasonable premiums or expense paid on any bond or other
security given by the prevailing party shall be taxed as part of the costs. (D) Taxable Costs And Procedure
For Taxing Costs: (1) Bill of Costs. The party entitled to costs shall file a
bill of costs as provided in 28 U.S.C. §§ 1920 and 1924 within eleven (11) days
from the entry of judgment, unless such time is extended by order of the Court.
Such bill of costs shall distinctly set forth each item
thereof so that the nature of the charge can be readily understood. n itemization and documentation for requested costs in all
categories shall be attached to the cost bill. Costs will be disallowed if
proper documentation is not provided. (2) Objection to the Bill of Costs. A party from whom costs
are sought may serve an opposition to the bill of costs within eleven (11) days
after service of the bill of costs. The opposition shall identify each item
objected to and the grounds for the objection. Within five (5) days thereafter,
the prevailing party may serve responses to the objections. If no objections are filed, the Clerk shall promptly proceed
to tax the costs and shall allow such items specified in the bill of costs as
are properly chargeable as costs. The Clerk shall give notice of such action to
the parties or their counsel. The Court shall promptly review the action of the
Clerk upon timely motion under Fed. R. Civ.
P. 54(d). In the absence of a timely motion the action of the Clerk is
final. If objections are filed and the Clerk is unable to determine
all or some of the properly chargeable costs, the application for such costs
shall be referred to the judge who presided over the trial or, at the
discretion of that judge, to a magistrate judge for report and recommendation
under 28 U.S.C. § 636(b)(1)(B). (E) Excessive and Unnecessary Costs: Any
party applying for costs which are not recoverable or which are excessive shall
be subject to sanction under Fed. R. Civ. P. 11. (F) Notice of Appeal - Fees: (1) Where there are multiple parties seeking to appeal
jointly (e.g., where cases are consolidated or tried together or decided by a
single judgment or order) and a joint notice of appeal is filed, the Clerk
shall collect only one fee and only one cost bond, if required. Where separate
notices of appeal are filed, the Clerk shall collect separate fees and require
separate bonds. (2) Separate notices of appeal, separate fees, and separate
bonds are required of a party who exercises a right of appeal under Fed. R.
App. P. 4(a)(3), within fourteen (14) days of the date
on which the first notice of appeal was filed. (G) Jury Costs: Whenever any civil action
scheduled for jury trial is settled, or otherwise disposed of in advance of the
actual trial, then, except for good cause shown, juror costs, including service
fees, mileage, and per diem, shall be assessed equally against the parties and
their counsel or otherwise assessed as directed by the Court, unless the Clerk
is notified at least one (1) full business day prior to the day on which the
action is scheduled for trial in time to advise the jurors that it will not be
necessary for them to attend. Likewise, when any civil action, proceeding as a jury trial,
is settled at trial in advance of the verdict, then, except for good cause
shown, all jury costs, service fees, mileage, and per diem shall be assessed
equally against the parties and their counsel, or otherwise assessed as
directed by the Court. SUMMARY JUDGMENT (A) Summary Judgment - Time of Filing: No
motion for summary judgment shall be considered unless it is filed and set for
hearing or submitted on briefs within a reasonable time before the date of
trial, thus permitting a reasonable time for the Court to hear arguments and
consider the merits after completion of the briefing schedule specified in Local
Civil Rule 7(F)(1). (B) Summary Judgment - Listing Of Undisputed Facts:
Each brief in support of a motion for summary judgment shall include a
specifically captioned section listing all material facts as to which the
moving party contends there is no genuine issue and citing the parts of the
record relied on to support the listed facts as alleged to be undisputed. A
brief in response to such a motion shall include a specifically captioned
section listing all material facts as to which it is contended that there
exists a genuine issue necessary to be litigated and citing the parts of the
record relied on to support the facts alleged to be in dispute. In determining
a motion for summary judgment, the Court may assume that facts identified by
the moving party in its listing of material facts are admitted, unless such a
fact is controverted in the statement of genuine
issues filed in opposition to the motion. (C) Summary Judgment
- Separate Motions: Unless permitted by leave of Court, a party
shall not file separate motions for summary judgment addressing separate
grounds for summary judgment. APPEAL BOND - EXEMPTION FROM (A) Exemption: The Commonwealth of
Virginia, or any political subdivision or any office or agent thereof, shall not
be required, unless otherwise ordered by the Court, to post a supersedeas bond or other undertaking which includes
security for the payment of costs on appeal. (B) Alternate to Supersedeas Bond: In lieu of any supersedeas bond, the parties may stipulate with respect to
any agreement or undertaking. In lieu of any cost bond, the parties may
stipulate with respect to any agreement or undertaking conditioned that the
monies and properties of the Court are fully protected or prepaid. The
prevailing party in the District Court should seriously consider this
subdivision as, in the event of a reversal, the premium of any bond will be
taxed as a part of the costs. All such stipulations must be approved by the
Court and filed in the record. SURETIES - SECURITY – BONDSMAN (A) Security: Except as otherwise
provided by law or by agreement of the parties, every bond, undertaking, or
stipulation must be secured by (1) the deposit of cash or negotiable government
bonds, undertaking, or stipulation; (2) the undertaking or guaranty of a
corporate surety doing business in Virginia and holding a certificate of
authority from the Secretary of the Treasury; or (3) the undertaking or
guaranty of sufficient solvent sureties, residents of Virginia, who own real or
personal property within the State of Virginia worth double the amount of the
bond, undertaking, or stipulation over all debts and liabilities, and over all
obligations assumed on other bonds, undertakings or stipulations, and exclusive
of all legal exemptions. A husband and wife may act as surety on a bond, but
they shall be considered as only one surety. If a bond, undertaking, or
stipulation is executed by individual sureties, each surety shall execute an
affidavit of justification, giving the full name, occupation, residence, and
business address, showing that he or she is qualified as an individual surety
under the provisions of this Local Rule. (B) Prohibited Sureties: Members of the
bar, administrative officers or employees of this Court, and the United States
Marshal, his deputies or assistants, shall not act as a surety in any civil
action. A member of the bar may execute a bond as attorney-in-fact upon
presenting a properly executed power of attorney. (C) Powers of Clerk: To approve security,
the Clerk is authorized to approve all stipulations, bonds, guaranties, or
undertakings, in the penal sum prescribed by statute or order of the Court,
whether the security be property or personal or corporate surety. If the bond
is offered by a professional bondsman or a person qualifying under (A)(3) above, approval of the Court, magistrate judge, or
bankruptcy judge shall be obtained for penal sums in excess of $25,000.00. (D) Professional
Bondsman: Any person desiring to become surety for compensation
(professional bondsman) on any bond required to be given in any matter before
the Court or any of its magistrate judges or bankruptcy judges, or in any other
matter under the jurisdiction of this Court, shall, before attempting to act,
obtain approval of the Court. Application for such approval shall be by
petition, duly sworn to, setting forth: (1) That the
applicant is of good moral character, is a citizen of
the (2) His or
her full name, business and home address, marital status, and the nature of any
business conducted by such person. (3) Whether
he or she is licensed in Virginia and/or any of the cities or counties of (4)
Statement (signed by the owners) of assets (including both real estate and
personal estate) and liabilities, and as to real estate, its description,
location, how titled and any encumbrances thereon. If a
partnership is involved, a statement of the assets of both the partnership and
the individual parties must be included, signed by owners of the assets.
Assets owned by third parties or jointly with parties who are not partners will
not be considered. (5) A list
of any and all bonds on which such person is the surety, the nature of the
bond, and where lodged. (6) That
such person will quarter-annually file with the Court a list of all bonds upon
which he or she is surety, whether any bonds are in default, whether any action
on such bond has been instituted, and whether there are any unpaid judgments
against such person. (7) A
certificate from a Court of record, or the Chief of
Police of the home city or town, or of two other responsible citizens, that
such person is of good moral character. (8) A list
of any and all criminal convictions, except traffic violations, and whether
there are any pending indictments or warrants against such person. (9) If the
information provided under paragraph (4) above reveals a total net worth of at
least $200,000.00, and the applicant is otherwise satisfactory, an order may be
entered permitting the applicant to act until further order of the Court.
Should at any time the total net worth stated in paragraph (4) fall below
$200,000.00 as shown on any quarterly report, or the applicant have more bonds
outstanding than can be adequately covered, in the Court's opinion, by the net
worth shown, or the applicant fail to file on time any quarterly report, or if
for any reason the Court should deem the security offered by the applicant to
be inadequate or outstanding bonds not adequately secured, the Court may
terminate the right of the applicant to act as surety on any bond, without
notice. DEPOSITS INTO COURT Deposit Into Court Procedure: When the Court is requested to enter an order involving the payment of funds into Court for deposit for the benefit of any party, the parties shall submit a draft order, endorsed by counsel for all parties, that specifies (a) the desired depository (which must have sufficient collateral in the Federal Reserve Bank as required by 31 C.F.R. §§ 202 [Circular 176]); (b) whether the Clerk should place the funds into an interest bearing account until the Court orders distribution thereof; and (c) the specific proposed investment instrument with the rate of interest expected. Any party receiving a share of the deposited funds will also receive a proportional share of any interest earned on the funds, minus the court registry assessment fee prescribed by the Judicial Conference of the United States, which fee shall be paid to the Clerk, by check payable to “Clerk of the United States District Court.” If the draft order does not specify that the deposited funds will be placed in an interest bearing account, the parties on whose behalf the draft order is submitted shall be deemed to have consented to deposit of the funds into the Court’s United States Treasury account, and to have agreed that no interest will accrue. A draft order submitted on behalf of any party under a legal disability shall be endorsed by the party’s guardian ad litem. A party requesting any disbursement of the deposited funds shall provide to the Clerk in writing the Social Security or tax identification number of any proposed recipient. LAND CONDEMNATION ACTIONS The
guidelines for filing, docketing, recording, and reporting land condemnation
proceedings approved by the Judicial Conference of the UNITED STATES MAGISTRATE JUDGES –
DUTIES Magistrate
judges of this district serve as judicial officers of the Court and are
authorized and specially designated to perform all duties authorized or allowed
to be performed by Duties and
cases may be assigned or referred to a magistrate judge by an order entered in
the action or on the instructions of a district judge. EXHIBITS (A) Submission of Trial Exhibits: In all
civil actions, unless otherwise ordered by the Court, the party intending to
offer exhibits at trial shall place them in a binder, properly tabbed,
numbered, and indexed, and the original and two (2) copies shall be delivered
to the Clerk, with copies in the same form to the opposing party, one (1)
business day before the trial. The submitting party may substitute photographs
for demonstrative or sensitive exhibits. (B) Custody and Removal of Exhibits During and After
Trial: (1) Custody: After being marked for identification, exhibits
offered or admitted in evidence in any action tried in this Court shall be
placed in the custody of the Clerk, unless otherwise ordered by the Court. All
other exhibits, models, and material not offered and admitted in evidence shall
be retained in custody of the attorney or party producing same at trial, unless
otherwise directed by the Court. (2) Removal: Whenever any models, diagrams, exhibits, depositions,
transcripts, briefs, tables, charts, paper writings, articles, other items,
material, or things have been placed in the custody of the Clerk for
introduction into evidence or otherwise, and same are not admitted or marked
for identification, or otherwise used, they shall be removed by the party who
delivered or filed or lodged them with the Clerk immediately following the
conclusion of the trial or other disposition of the action, unless otherwise
directed by the Court. If such items are not withdrawn within ten (10) days
after the right to withdraw them exists, the Clerk may forward them to counsel
or the party entitled to them or destroy or make other disposition of them as
the Clerk may deem appropriate. (3) Substitutions: Unless otherwise ordered by the Court, at
the conclusion of the trial of a civil action, photographs will be substituted
for bulky exhibits and the exhibits shall be returned to the tendering party.
The tendering party is responsible for furnishing the photographs, which shall
accurately and fully depict the exhibits for which they are substituted. (C) Final Disposition of Exhibits: All
exhibits, models, diagrams, depositions, transcripts, briefs, tables, charts,
paper writings, articles, other items, material, or things introduced,
tendered, lodged, or marked in the trial of a civil action or lodged, filed, or
delivered to the Clerk in anticipation of their introduction into evidence or
for use at trial, shall be withdrawn by the parties to the litigation or their
counsel upon the expiration of thirty (30) days after the judgment has become
final and the time for appeal or application for a rehearing or further hearing
shall have passed. If such items, material, or things are not so removed within
the time aforesaid, the Clerk may forward them to counsel or the party entitled
thereto or shall destroy or make such other disposition or use of them as the
Clerk may deem appropriate. The Court may at any time direct or order one or
more counsel to be the custodian of the exhibits and depositions rather than
the Clerk. LOCAL CIVIL RULE 80 OFFICIAL COURT REPORTERS TRANSCRIPTS
- HEARING ON TRANSCRIPTS - RECORD ON APPEAL (A) Preparation of Transcript: Where a
court reporter, under contract or officially employed, is called upon to
prepare a transcript, or any portion thereof, in a civil case in which a party
is acting pro se, the court
reporter may, at his or her election, file said transcript or portion thereof
with the Clerk of the United States District Court (or if the transcript or
portion thereof is ordered by the Court of Appeals, it may be filed with the
Clerk of the United States Court of Appeals), and the Clerk shall acknowledge
receipt of said transcript and forward same to the pro se party. (B) Court Reporter Management Plan: In
accordance with the provisions of 28 U.S.C. § 753 and the requirements of a
resolution adopted by the Judicial Conference of the United States at its March
1982 session, all district courts have been required to file a Court Reporter
Management Plan, which is available for inspection and copying in the Clerk's
Office. This plan provides information about the supervision, duties and
assignments, including the work hours, of court reporters and notes the fee
schedule for transcripts. The transcript rates charged by reporters are
governed by rates recommended by the Judicial Conference of the (C) Release of Transcript: The Clerk
shall not release any transcript for copying or reproducing without an order of
the Court, but counsel, interested parties, or the news media may examine any
transcript on file. (D) Obligation to (E) Record on Appeal: Unless otherwise
directed by the Court, the record on appeal in civil cases shall not include
the examination of the jury on voir dire, counsel's
opening statements, arguments of counsel, including arguments of counsel on
motions, and the Court's charge to the jury unless there were exceptions to the
charge. Unless the
parties file a written stipulation with the Clerk within twenty (20) days after
notice of appeal is filed designating the papers which shall constitute the
record on appeal, the Clerk shall certify and forward to the Court of Appeals
all of the original pleadings and orders in the file jacket dealing with the
action or proceeding in which the appeal is taken, unless otherwise instructed
by the Court of Appeals. (F) Daily or Expedited Copy: All requests
for daily or expedited transcripts must be made in writing to the court
reporter, if known, and, if not, to the Clerk, with copies to opposing counsel,
not later than five (5) business days before the hearing or trial to be
transcribed. ATTORNEYS AND PRO SE PARTIES (A) Eligibility: Any person who is a
member of the bar in good standing in the Supreme Court of Virginia is eligible
to practice before this Court upon admission. (B) Initial Appearance: Any person who
meets the requirements of the foregoing paragraph and who maintains a law
office outside of (C) Procedure for Admission: Every person
desiring admission to practice in this Court shall file with the Clerk written
application therefor accompanied by an endorsement by
two (2) qualified members of the bar of this Court stating that the applicant
is of good moral character and professional reputation. The form for such
application may be obtained from the Clerk's Office. As a part of the
application, the applicant shall certify that applicant has within ninety (90)
days prior to submission of the application read or reread (a) the Federal
Rules of Civil Procedure, (b) the Federal Rules of Evidence, and (c) the Local
Rules of the United States District Court for the Eastern District of Virginia. The applicant shall
thereafter be presented by a qualified practitioner of the Court who shall in
open Court by oral motion, and upon giving assurance to the Court that the
practitioner has examined the credentials of the applicant and is satisfied the
applicant possesses the necessary qualifications, move the applicant's
admission to practice. The applicant shall in open
Court take the oath required for admission, subscribe the roll of the Court,
and pay to the Clerk the required fee. For such payment, the applicant shall be
issued a certificate of qualification by the Clerk. For good cause shown, the
Court may waive payment of the fee. Federal government
attorneys, whether they are Department of Justice attorneys, or assistant (D) Foreign Attorneys: (1)
Upon written motion by a member of this Court, a practitioner qualified to
practice in the United States District Court of another state or the District
of Columbia may appear and conduct specific cases pro hac vice before this Court
including oral arguments of motions and trial, provided that: (a)
The rules of the United States District Court of the district in which the
practitioner maintains an office extend a similar privilege to members of the
bar of this Court; and (b)
That such practitioners from another state or the For
purposes of this Local Civil rule, a member of the bar of this Court shall be a
person admitted to practice under Local Civil Rule 83.1(C). (2)
All practitioners admitted before this Court for the purpose of participating
in a particular proceeding pro hac vice shall be subject to the Local Rules of
the United States District Court for the Eastern District of Virginia and the
Federal Rules of Disciplinary Enforcement (Appendix B). Applicants
forpro hac vice
admission shall complete a written application certifying that they have read
the Local Rules and shall pay the required fee to the Clerk. Federal government
attorneys, whether they are United States Department of Justice attorneys, or
assistant (3)
Except where a party conducts his or her own case, no pleading or notice
required to be signed by counsel shall be filed unless signed by counsel who
shall have been admitted to practice in this Court under subparagraphs (A), (B)
and (C) of this Local Rule, with the office address where notice can be served
upon said attorney, and who shall have such authority that the Court can deal
with the attorney alone in all matters connected with the case. Such appearance
shall not be withdrawn without leave of the Court. Service of notice or other
proceedings on such an attorney shall be equivalent to service on the parties
for whom the attorney appeared. (4)
Federal government attorneys appearing pursuant to the authority of the United
States Attorney's Office for the Eastern District of Virginia are not required
to secure private local counsel. All other federal government attorneys
representing the interests of the United States, including the United States
Department of Justice, shall secure local counsel by working with an assistant
United States attorney assigned to the Eastern District of Virginia or secure
local counsel in accordance with Local Civil Rule 83.1(D)(3). (E) Western District of Virginia: Any
attorney admitted to practice in the Western District of Virginia shall be
permitted to practice in the Eastern District of Virginia upon the filing of a
certificate from the Clerk of the Western District of Virginia showing that
such attorney has been duly admitted to practice in that district. (F) Attorneys Filing Pleadings: Any
counsel presenting papers, suits, or pleadings for filing, or making an
appearance, must be members of the bar of this Court, or must have counsel who
are members of the bar of this Court to join in the pleading by endorsement.
Any counsel who joins in a pleading, motion, or other paper filed with the
Court will be held accountable for the case by the Court. At least one person
admitted to practice under subsection (C) of this Local Rule must personally be
present at all hearings, pretrials, and trials. This
obligation may not be avoided or delegated without leave of Court. (G) Withdrawal of Appearance: No attorney
who has entered an appearance in any civil action shall withdraw such
appearance, or have it stricken from the record, except on order of the Court
and after reasonable notice to the party on whose behalf said attorney has
appeared. (H) Practicing Before Admission or While Disbarred or
Suspended: Any person who, before admission to the bar of this
Court or during any disbarment or suspension, exercises any of the privileges
of a member of the bar of this Court, or who pretends to be entitled so to do,
shall be guilty of contempt of court and subject to appropriate punishment therefor. (I) Professional Ethics: The ethical
standards relating to the practice of law in civil cases in this Court shall be
the Virginia Rules of Professional Conduct, as published in the version
effective (J) Courtroom Decorum: Counsel shall at
all times conduct and demean themselves with dignity and propriety. When
addressing the Court, counsel shall rise unless excused therefrom
by the Court. All statements and communications to the Court shall be clearly
and audibly made from a standing position at the counsel table or, if the Court
is equipped with an attorney's lectern, from a standing position behind the
lectern, facing the Court or the witness. Counsel shall not approach the bench
unless requested to do so by the Court or unless permission is granted upon the
request of counsel. Examination of witnesses
shall be conducted by counsel standing behind the lectern or, if none, behind
the counsel table. Counsel shall not approach the witness except for the purpose
of presenting, inquiring about, or examining the witness with respect to an
exhibit, unless otherwise permitted by the Court. Only one attorney for each
party may participate in the examination or cross-examination of a witness. (K) Third-Year Law Student: An eligible
law student qualifying pursuant to Paragraph II of the Plan for Third-Year
Practice filed in each division of this Court is herewith given leave to
participate in any civil case pursuant to said plan and as said plan may, from
time to time, be amended. The Plan for Third-Year Practice is Appendix A to
these Local Rules. (L)
Federal Rules of Disciplinary
Enforcement: All counsel admitted to practice before this Court
or admitted for the purpose of a particular proceeding pro hac vice
shall be admitted subject to the rules, conditions, and provisions set forth in
full as Appendix B to these Local Rules. SALES AND DISTRIBUTION OF PROCEEDS
OF SALES (A) General: All sales shall be made by the
United States Marshal or an authorized Deputy United States Marshal in the name
of the Marshal and the provisions of Local Admiralty Rule (e)(15) subparagraphs
(b) through (e) shall apply except as may be modified in this Local Rule. (B) Confirmation by Court: All sales
shall be subject to confirmation by the Court. The Marshal shall file with the
Clerk on the day of sale a report thereof. An interested person may object to
the sale by filing written objections with the Clerk within two (2) business days
following the sale in conformity with Local Admiralty Rule (e)(15)(c). If no
objections are filed, the sale shall stand confirmed unless the Court orders
otherwise within said time. If objections are filed within the said two (2)
days, the Clerk shall forthwith submit the report and objections to the Court
for prompt disposition. (C) Marshal's Discretion in Certain Instances:
The Marshal may decline to knock down a vessel or other property to the highest
bidder when the highest bid, in his or her opinion, is grossly inadequate. (D) Deposit of (E) Distributions: All distributions of
the proceeds of any sale shall be by order of Court. (F) Certain Maritime
Liens: Maritime liens filed before sale, including liens filed
by leave of Court at anytime prior to sale, shall be paid first. Maritime liens
filed after sale shall be paid last. Liens in each of the foregoing two classes
shall preserve their respective rank as among themselves, except in the case of
maritime liens of the first class, the order of priority between such liens
shall be that those which have accrued within one year prior to the filing of
the complaint shall be paid first, and claims which have accrued theretofore
shall be paid in the inverse order of the years in which they accrued. PHOTOGRAPHING, BROADCASTING, AND
TELEVISING IN COURTROOM AND ENVIRONS (A) General: The taking of photographs
and operation of tape recorders in the a courtroom or its environs, and radio
or television broadcasting from a courtroom or its environs during the progress
of or in connection with judicial proceedings, including proceedings before a magistrate
judge or bankruptcy judge, whether or not Court is actually in session, is
prohibited. A judge may, however, permit (1) the use of electronic or
photographic means for the presentation of evidence or the perpetuation of a
record; and (2) the broadcasting, televising, recording, or photographing of investitive, ceremonial, or naturalization proceedings.
Environs, as used in this Local Rule, shall include any floor on which any
courtroom or hearing room is located, including all hallways, stairways,
windows, and elevators immediately adjacent to any such floor. (B) Exception:
With permission of the party or parties to be photographed, pictures may be
taken by any permanent occupant of any office within the environs aforesaid when the Court is not in session. HABEAS CORPUS AND PROCEEDINGS IN
FORMA PAUPERIS (A) Standard Forms: All pro se petitions for writs of habeas
corpora must be filed on a set of standardized forms to be supplied, upon
request, by the Clerk without cost to the petitioner. Counsel filing a petition
for writ of habeas corpus need not use a standardized form, but any petition
shall contain essentially the same information as set forth on said form. (B) Filing of Cases by Prisoners In Forma Pauperis: If a party desires to file a
proceeding in forma pauperis
under 28 U.S.C. §§ 1915(a), and if the party desiring to file such
proceeding is then confined to a state or federal penal institution, the party
shall, within thirty (30) days of the receipt of any order, accomplish one of
the following: (1) Remit the required filing fee to the Clerk, or (2) Request an extension of time within which to pay the
required fee and thereafter pay same, or (3) Cause to be filed a statement of the prison account of the
party showing (a) the amount on deposit in the prison account at the period
beginning six months immediately preceding the submission of the complaint or
petition herein, and (b) the deposits to that prison account within the
six-month period, including the source of said funds so deposited in said
account and the reasons for any withdrawal therefrom.
(C) Effect of Permitting Partial Payment; Reconsideration
of Status: Permission to proceed in forma pauperis by making a
partial payment shall not be construed as authorizing the order of successive
later payments after the order has been entered authorizing the party to
proceed in forma pauperis.
Whenever it appears that there may have been a change in the
party's financial condition, the Court may reconsider whether the party may
continue to proceed in forma pauperis. (D) Site of
Evidentiary Hearings - Prisoner Cases: At its discretion, the
Court may conduct evidentiary hearings in prisoner cases at any penal
institution in SETTLEMENT AND ALTERNATIVE DISPUTE
RESOLUTION (A) The
Court encourages the parties to meet and consult with each other to achieve
settlement. Pursuant to 28 U.S.C. §§§ 651, 652, and 653, as amended by the
Alternative Dispute Resolution Act of 1998, the use of mediation as an
alternative dispute resolution process in all civil actions, including
adversary proceedings in bankruptcy, is authorized. Before the initial pretrial
conference or in the scheduling order, litigants in all civil cases shall be advised
of the availability of mediation and may request it. The continued utilization
of settlement conferences as a form of mediation is also authorized. (B) The
parties by consent may select and compensate any mutually acceptable
non-judicial mediator or neutral. No mediator or neutral may be compensated by
contingent fee. After mediation ends, the parties and the mediator or neutral
shall file under seal a report stating (1) the name and address of the mediator
or neutral; (2) his or her compensation and who paid it; and (3) the result of
the mediation. (C) All
district judges, magistrate judges, and bankruptcy judges are authorized (a) to
act as mediators or neutrals; and (b) to appoint as mediators or neutrals any
appropriately trained non-judicial person, in which event the appointing order
shall establish the compensation to be paid for the services of such
non-judicial person and shall schedule a time for completion of mediation. Any
participant or potential participant in ADR who is able to establish an
inability to pay a pro rata share of the neutral's
proposed compensation, may petition the Court for the appointment of a judicial
neutral. (D) The
appointment of a mediator or neutral shall not operate to postpone or stay the
scheduling of any case or controversy nor shall such appointment be grounds for
the continuance of a previously scheduled trial date or the extension of any
deadlines previously scheduled by the Court. (E) The
substance of communication in the mediation process shall not be disclosed to
any person other than participants in the mediation process; provided, however,
that nothing herein shall modify the application of Federal Rule of Evidence
408 nor shall use in the mediation process of an otherwise admissible document,
object, or statement preclude its use at trial. (F) The
chief judge of the district court shall appoint an ADR Administrator for the
district. Duties of the Administrator shall include the following:
implementing, administering, overseeing and evaluating the Court's ADR
programs; providing rules for the qualification of mediators and neutrals; and
consulting with the chief judge of the district court, members of the bar, and
the United States Attorney relative to exempting specific cases or categories
of cases from ADR. (G) Disqualification of neutrals: Neutrals shall be
disqualified from participation in any case in which the individual, his or her
law firm, group, or organization may be personally affected by the outcome of
the mediation or their impartiality may be called into question. Accordingly,
the provisions of 28 U.S.C.§ 455 apply to neutrals by
application of this Local Rule. Neutrals shall also refrain from activity that
may call into question their impartiality, for example, acceptance of gifts or
favors of any kind from a party. (H) By order, a district judge, or a magistrate judge to whom a case has been referred on consent or for settlement conference, may provide that counsel and/or a party representative with full settlement authority shall attend a settlement conference at any time the judge considers appropriate.
LOCAL CRIMINAL RULES LOCAL CRIMINAL RULE 1 SCOPE OF RULES (A) Application: These Local Rules, made
pursuant to the authority granted by Fed. R. Crim. P.
57 for the United States
District Courts, as prescribed by the Supreme Court of the United States, so
far as not inconsistent therewith, shall apply in all criminal cases and
criminal proceedings in the United States District Court for the Eastern
District of Virginia. (B) Statutory Rules: 1 U.S.C. §§ 1-5,
inclusive, shall, as far as applicable, govern the construction of these Local
Rules. (C)
Effective Date of Amendments:
Amendments to these Local Rules shall take effect on the date of entry of the
order authorizing the amendments and shall govern all proceedings thereafter
commenced and, insofar as just and practicable, all then pending proceedings. LOCAL CRIMINAL RULE 5 UNITED STATES MAGISTRATE JUDGES –
DUTIES Magistrate
judges of this district serve as judicial officers of the Court and are
authorized and specially designated to perform all duties authorized or allowed
to be performed by Duties and cases may be assigned or referred to a magistrate
judge by an order entered in the action or on the instructions of a district
judge. LOCAL CRIMINAL RULE 6 GRAND JURY (A) When a
new grand jury is first convened, the Court shall deliver its charge but, if
recessed and later reconvened, the Court shall not be required again to charge
the grand jury, but may do so if deemed appropriate. (B) The
grand jury shall be convened on a regular schedule to be set by the Court in
each division. (C) Grand jurors for each division shall be selected in
accordance with the Jury Selection and Service Act and the Court's Plan for the
Random Selection of Grand and Petit Jurors. LOCAL CRIMINAL RULE 12 CRIMINAL CASES - MOTIONS (A) General: Within eleven (11) days from
the date of arraignment, or such other time as may be fixed by the Court, the
parties shall file all desired motions (1) challenging the sufficiency of the
indictment, information, warrant, or violation notice, (2) raising any issues
of venue or jurisdiction, (3) for discovery or production, (4) to suppress
evidence, (5) for any mental examination, (6) objecting to use by the opposing
party of any particular evidence known by a party which may be subject to
pretrial ruling, and (7) raising any other matter capable of being raised by a
pretrial motion. All motions, unless otherwise directed by the Court, shall be
accompanied by a written brief setting forth a concise statement of the facts
and supporting reasons, along with a citation of the authorities upon which the
movant relied. A response to any motion shall be
filed within eleven (11) days after the filing of the motion or such other time
as may be fixed by the Court. (B)
Style of Motions: All
motions and the responses in criminal cases shall bear a caption which
identifies the moving party and describes the general nature and the purpose of
the motion. A defendant may adopt a motion filed by another defendant only by
filing a separate pleading for each motion that the defendant wishes to adopt.
This separate pleading must bear the same caption as the original pleading that
the defendant wishes to adopt. A single motion to adopt more than one pleading
of another defendant is not permitted. LOCAL CRIMINAL RULE 12.4 FINANCIAL DISCLOSURE (A) Required Disclosure. A
nongovernmental corporation, partnership, trust, other similar entity that is a
party to, or that appears in, an action or proceeding in this Court shall: (1) file two (2) copies of a
statement that a. identifies all its parent, subsidiary or affiliate
entities (corporate or otherwise) that have issued stock or debt securities to
the public and also identifies any publicly held entity (corporate or
otherwise) that owns 10% or more of its stock, and b. identifies all parties in the
partnerships, general or limited, or owners or members of non-publicly traded
entities such as LLCs or other closely held entities,
or c. states that there is nothing to
report under Local Criminal Rule 12.4(A)(1)(a) and (b); and (2) file a supplemental statement containing
such additional information as may be from time to time required by the
Judicial Conference of the (B) Time for Filing. A statement or form
required by Local Criminal Rule 12.4(A) shall be filed upon the party's first
appearance, pleading, petition, motion, response, or other request addressed to
the Court. A supplemental statement or form shall be filed promptly upon any
change in the circumstances that Local Criminal Rule 12.4(A) requires the party
to identify. (C) Statement
Delivered to Judge. The Clerk shall deliver a copy of the Local
Criminal Rule 12.4(A) disclosure to each judge acting in the action or
proceeding. LOCAL CRIMINAL RULE 17 SUBPOENAS (A) Issuance of Subpoenas to Pro Se Parties:
Parties appearing pro se may
apply for subpoenas in their own behalf. All such requests by such party must
be accompanied by a memorandum setting forth the names and addresses of
witnesses or the documents requested and why and for what purpose or purposes.
All such requests by pro se parties
shall be referred to a district judge or magistrate judge of this Court who
shall first determine whether the requested subpoena shall issue; provided,
however, that such determination shall not preclude any witness or person summoned
or other interested party from later contesting the subpoena. (B) Return Date of Subpoenas: All
subpoenas shall be made returnable to the place, date, and time of trial or
hearing, unless otherwise ordered by the Court. (C) Proof of Service of Subpoenas: Lawyers and
parties proceeding pro se shall
file, efore a witness is required to testify in
criminal cases, a certificate that all required witness fees and expenses were
served with the subpoena requiring the attendance of the witness. (D) Subpoenas to Officials: Without first
obtaining permission of the Court, no subpoena shall issue for the attendance
at any hearing, trial, or deposition of (1) the Governor, Lieutenant Governor,
or Attorney General of any State; (2) a judge of any Court; (3) the President
or Vice-President of the United States; (4) any member of the President's
Cabinet; (5) any Ambassador or Consul; or (6) any military officer holding the
rank of Admiral or General. (E) Subpoenas in
Blank: Whenever there is a question as to whether or not a
subpoena in blank should be issued by the Clerk, the applicant shall be
referred to a judge of this Court for a final determination. Before issuing a
subpoena in blank, the Clerk shall determine the actual pendency
of the action and the date and time set for hearing or trial. Except for good
cause shown, a blank subpoena returnable in one division will not be issued out
of another division. Blank subpoenas shall recite the title and number of the
case and shall be completed in every detail except for the name and address of
the witness. Returns of service shall be made promptly and filed with the
Clerk. Service of subpoenas in blank shall be subject to the requirements of
these Local Rules. LOCAL CRIMINAL RULE 18 AREA AND DIVISIONS (A) Area: The Eastern District of
Virginia consists of the counties, cities, and towns specified in 28 U.S.C. §
127, and the places for holding Court within the district are prescribed as
Alexandria, Newport News, Norfolk, and Richmond. (B) Divisions: This
district shall be divided into four divisions to be designated as the (1) The
Alexandria Division shall consist of the City of (2) The
Newport News Division shall consist of the Cities of Newport News, (3) The
Norfolk Division shall consist of the Cities of Norfolk, (4) The
Richmond Division shall consist of the Cities of Richmond, Petersburg,
Hopewell, Colonial Heights, and Fredericksburg, and the Counties of Amelia,
Brunswick, Caroline, Charles City, Chesterfield, Dinwiddie, Essex, Goochland,
Greensville, Hanover, Henrico, King and Queen, King George, King William,
Lancaster, Lunenburg, Mecklenburg, Middlesex, New Kent, Northumberland,
Nottoway, Powhatan, Prince Edward, Prince George, Richmond, Spotsylvania,
Surry, Sussex, Westmoreland, and any other city or town geographically within
the exterior boundaries of said counties. (5) All of
the waters, and the land under such waters, adjacent and opposite to any city,
county or town shall be a part of the division of which said city, county, or
town is a part, and wherever there are any waters between any city, county, or
town which are in different divisions, then such waters and land under them
shall be considered to be in both divisions. (6) In the
event of any annexation or merger of any cities and/or counties, the land lying
within the merged or annexed area shall be deemed within the exterior
boundaries of the original city or county to the same intent and purpose as if
the annexation or merger had not occurred, unless otherwise modified by Local
Rule. TRIAL JURORS (A) Jury Lists: (1) The entire list of names drawn to serve a division of the
Court for a particular period and for a particular action or case, together
with the questionnaires prepared by the jurors, may be disclosed to counsel for
the parties, or to any party acting pro se,
unless the Court directs otherwise. However, no juror shall be
approached, either directly or through any member of his or her immediate
family, in an effort to secure information concerning such juror. (2) When the jurors report for duty at a session of Court,
the Clerk shall, upon request, make available to counsel for the parties, or to
any party actingpro se, a list of such jurors. (B) Peremptory
Challenges: In a criminal case where there is more than one
defendant, the Court may allow each or both sides more than the usual number of
peremptory challenges permitted by law upon motion made at least twenty-one
(21) days before the date set for commencement of trial. Untimely motions will
not be entertained. PROPOSED JURY INSTRUCTIONS AND VOIR
DIRE Except as provided otherwise in a pretrial or scheduling
order, in all cases tried to a jury, the parties shall submit proposed
instructions and voir dire questions to the Court in
duplicate, with a copy to opposing counsel, at least five (5) business days
before the scheduled trial date. Each instruction shall be set forth on a
separate page and shall be numbered and identified appropriately by the party
submitting it. The original shall bear at its foot a citation of the authority
in support of the instruction. Instructions shall be filed as a group together
with a cover sheet in pleading form and a certificate of service. Instructions
filed with the Court must be proffered to the Court during the instruction
conference and ruled upon by the judge to become a part of the official record
for appeal. LOCAL CRIMINAL RULE 32.2 SALES AND DISTRIBUTION OF PROCEEDS
OF SALES (A) General: All sales shall be made by
the United States Marshal or an authorized Deputy United States Marshal in the
name of the Marshal. (B) Confirmation by Court: All sales
shall be subject to confirmation by the Court. The Marshal shall file with the
Clerk on the day of sale a report thereof. (C) Marshal's Discretion in Certain Instances:
The Marshal may decline to knock down a vessel or other property to the highest
bidder when the highest bid, in his or her opinion, is grossly inadequate. (D) Deposit of (E) Distributions:
All distributions of the proceeds of any sale shall be by order of the Court. LOCAL CRIMINAL RULE 46 SURETIES - SECURITY – BONDSMAN (A) Security: Except as otherwise
provided by law, every bond, undertaking, or stipulation must be secured by (1)
the deposit of cash or negotiable government bonds, undertaking, or stipulation;
(2) the undertaking or guaranty of a corporate surety doing business in
Virginia and holding a certificate of authority from the Secretary of the
Treasury; or (3) the undertaking or guaranty of sufficient solvent sureties,
residents of Virginia, who own real or personal property within the State of
Virginia worth double the amount of the bond, undertaking, or stipulation over
all debts and liabilities, and over all obligations assumed on other bonds,
undertakings, or stipulations, and exclusive of all legal exemptions. A husband
and wife may act as surety on a bond, but they shall be considered as only one
surety. If a bond, undertaking, or stipulation is executed by individual
sureties, each surety shall execute an affidavit of justification, giving the
full name, occupation, residence and business address, showing that he or she
is qualified as an individual surety under the provisions of this Local Rule.
Provided that, in criminal cases, this Local Rule shall not in any way modify,
alter, or change any of the provisions of the Bail Reform Act or any successor
statute. (B) Prohibited Sureties: Members of the
bar, administrative officers or employees of this Court, the United States
Marshal, his deputies or assistants, shall not act as a surety in any criminal
case. A member of the bar may execute a bond as attorney-in-fact upon
presenting a properly executed power of attorney. (C) Powers of Clerk: To approve security,
the Clerk is authorized to approve all recognizances,
stipulations, bonds, guaranties, or undertakings, in the penal sum prescribed
by statute or order of the Court, whether the security be property or personal
or corporate surety. If the bond is offered by a professional bondsman or a
person qualifying under (A)(3) above, approval of the
Court, magistrate judge, or bankruptcy judge shall be obtained for penal sums
in excess of $25,000.00. (D) Professional
Bondsman: Any person desiring to become surety for compensation
(professional bondsman) on any bond required to be given in any matter before
the Court or any of its magistrate judges or bankruptcy judges, or in any other
matter under the jurisdiction of this Court, shall, before attempting to act,
obtain approval of the Court. Application for such approval shall be by
petition, duly sworn to, setting forth: (1) That the
applicant is of good moral character, is a citizen of
the (2) His or
her full name, business and home address, marital status, and the nature of any
business conducted by such person. (3) Whether
he or she is licensed in Virginia and/or any of the cities or counties of (4)
Statement (signed by the owners) of assets (including both real estate and
personal estate) and liabilities, and as to real estate, its description,
location, how titled, and any encumbrances thereon. If a partnership
is involved, a statement of the assets of both the partnership and the
individual parties must be included, signed by owners of the assets.
Assets owned by third parties or jointly with parties who are not partners will
not be considered. (5) A list
of any and all bonds on which such person is the surety, the nature of the
bond, and where lodged. (6) That
such person will quarter-annually file with the Court a list of all bonds upon
which he or she is surety, whether any bonds are in default, whether any action
on such bond has been instituted, and whether there are any unpaid judgments
against such person. (7) A
certificate from a court of record, or the Chief of
Police of the home city or town, or of two other responsible citizens, that
such person is of good moral character. (8) A list
of any and all criminal convictions, except traffic violations, and whether
there are any pending indictments or warrants against such person. (9) If the
information provided under paragraph (4) above reveals a total net worth of at
least $200,000.00, and the applicant is otherwise satisfactory, an order may be
entered permitting the applicant to act until further order of the Court.
Should at any time the total net worth stated in paragraph (4) fall below $200,000.00
as shown on any quarterly report, or the applicant have more bonds outstanding
than can be adequately covered, in the Court's opinion, by the net worth shown,
or the applicant fail to file on time any quarterly report, or if for any
reason the Court should deem the security offered by the applicant to be
inadequate or outstanding bonds not adequately secured, the Court may terminate
the right of the applicant to act as surety on any bond, without notice. LOCAL CRIMINAL RULE 47 PLEADINGS - MOTIONS - CONTINUANCES - ORDERS (A) Grounds and Relief to be Stated:
All motions shall state with particularity the grounds therefor and shall set forth the relief or order sought. (B) Address and Telephone Number of Attorney And Pro
Se Litigants: All
pleadings and motions shall include the attorney's office address and telephone
number. All pleadings filed by non-prisoner litigants proceeding pro se shall contain an address where
notice can be served on such person and a telephone number where such person can
be reached or a message left. All pleadings filed by prisoners proceeding pro se shall contain an address where
notice can be served on such person.
(C) Personal Identifiers:
(1) In compliance with the policy of the Judicial Conference of the United States, parties shall not include, or shall partially redact where inclusion is necessary, the following personal identifiers in any pleading, document or exhibit (other than trial transcripts and trial exhibits) filed with the Court, unless otherwise ordered by the Court.
(D) Use of Forms: Motions and
interrogatories on printed forms, multigraphed,
mimeographed, or in any manner reproduced by machine process, other than a
typewriter, computer, or word processor, shall not be permitted unless the
attorney filing same has deleted all extraneous matter and certifies that he or
she has carefully reviewed the remaining portions and in good faith believes
that the contents are pertinent to the case. (E) Return Date: Except as otherwise
provided by an order of the Court or by these Local Rules, all motions shall be
made returnable to the time obtained from and scheduled by the Court for a
hearing thereon. The moving party shall be responsible to set the motion for
hearing or to arrange with opposing counsel for submission of the motion
without oral argument. Unless otherwise ordered, a motion shall be deemed
withdrawn if the movant does not set it for hearing
(or arrange to submit it without a hearing) within thirty (30) days after the
date on which the motion is filed. The non-moving party also may arrange for a
hearing. Before endeavoring to secure an appointment for a hearing on any
motion, it shall be incumbent upon the counsel desiring such hearing to meet
and confer in person or by telephone with his or her opposing counsel in a
good-faith effort to narrow the area of disagreement. In the absence of any
agreement, such conference shall be held in the office of the attorney nearest
the Court in the division in which the action is pending. In any division which
has a regularly scheduled motions day, the motion should be noticed for the
first permissible motions day. (F) Briefs Required: (1) All motions, unless otherwise directed by the Court and
except as noted hereinbelow in Local Criminal Rule
47(E)(2), shall be accompanied by a written brief
setting forth a concise statement of the facts and supporting reasons, along
with a citation of the authorities upon which the movant
relies. Unless otherwise directed by the Court, the opposing party shall file a
responsive brief and such supporting documents as are appropriate, within
eleven (11) days after service and the moving party may file a rebuttal brief
within three (3) days after the service of the opposing party's reply brief. No
further briefs or written communications may be filed without first obtaining
leave of Court. (2) A motion for an extension of time to respond to
pleadings need not be accompanied by a brief, unless the time has already
expired. (3) All briefs, including footnotes, shall be written in 12
point Roman style or 10 pitch Courier style with one
inch margins. Except for good cause shown in advance of filing, opening and
responsive briefs, exclusive of affidavits and supporting documentation, shall
not exceed thirty (30) 8-1/2 inch x 11 inch pages double-spaced and rebuttal
briefs shall not exceed twenty (20) such pages. (G) Continuances: Motions for
continuances of a trial or hearing date shall not be granted by the mere
agreement of counsel. No continuance will be granted other than for good cause
and upon such terms as the Court may impose. (H) Filing of Pleadings: All pleadings,
motions, briefs, and filings of any kind must be timely filed with the Clerk's
Office of the division in which the case is pending. (I) Extensions: Any requests for an
extension of time relating to motions must be in writing and, in general, will
be looked upon with disfavor. (J) Determination of
Motions Without Oral Hearing: The
Court may rule upon motions without an oral hearing. DESIGNATION AND HANDLING OF
DOCUMENTS UNDER SEAL (A) Unless
otherwise provided by law or Court rule, no document may be filed under seal
without an order entered by the Court. (B) A
government motion to seal a warrant, complaint, supporting affidavit, or
indictment shall include: (1) A statement as to why sealing is necessary, and why
another procedure will not suffice; (2) References to governing case law; and (3) A statement as to the period of time the government
seeks to have the matter maintained under seal and as to how the matter is to
be handled upon unsealing. The motion shall
be accompanied by a proposed order that includes findings supporting sealing,
and, if appropriate, provisions for unsealing upon the occurrence of specified
event(s). The Clerk shall docket the motion in a way that discloses its nature
as a motion to seal. No hearing is required on motions covered by this section.
No separate motion to seal is necessary in investigative proceedings made
confidential by law. Until an
executed search warrant is returned, search warrants and related papers are not
filed with the Clerk. No separate motion to seal is necessary to seal a search
warrant from the time of issuance to the time the executed warrant is returned. The Clerk
shall provide a copy of any document filed under seal to the party (or attorney
for the party) that filed the document upon the request of that party or the
party's attorney without an order from the Court. When any document covered by this section contains one or more personal identifiers within the meaning of the E-Government Act of 2002, and the government would otherwise move to unseal it, the government shall file a redacted version instead. (C) In all
post-arrest proceedings, a party submitting a document or portion of a document
(e.g., exhibit[s]) for filing under seal pursuant to a governing statute, rule,
or order shall note on the face of the document that it or a portion of it is
filed under seal pursuant to that statute, rule, or order. The Clerk shall
provide public notice by stating on the docket that the document contains
sealed material. (D) Any
post-arrest motion for a protective order providing prospectively for filing of
documents under seal shall be accompanied by a non-confidential supporting
memorandum, a notice that identifies the motion as a sealing motion, and a
proposed order. A confidential memorandum for in camera review may also be submitted. The non-confidential
memorandum and the proposed order shall include: (1) A non-confidential description of what is to be sealed; (2) A statement as to why sealing is necessary, and why
another procedure will not suffice; (3) References to governing case law; and (4) Unless permanent sealing is sought, a statement as to
the period of time the party seeks to have the matter maintained under seal and
as to how the matter is to be handled upon unsealing. The
proposed order shall recite the findings required by governing case law to
support the proposed sealing. The Clerk
shall provide public notice by docketing the motion in a way that discloses its
nature as a motion to seal, with its hearing date (if any). Other parties and
non-parties may submit memoranda in support of or opposition to the motion, and
may designate all or part of such memoranda as confidential. Any confidential
memoranda will be treated as sealed pending the outcome of the ruling on the
motion. (E) Any
document not covered by section (C) and filed with the intention of being
sealed shall be accompanied by a motion to seal that complies with the
requirements of section (D). The Clerk shall provide public notice by docketing
the motion in a way that discloses its nature as a motion to seal, with its
hearing date (if any). Other parties and non-parties may submit memoranda in
support of or in opposition to the motion, and may designate all or part of
such memoranda as confidential. The document and any confidential memoranda
will be treated as sealed pending the outcome of the ruling on the motion.
Failure to file a motion to seal will result in the document being treated as a
public record. (F) Each
document that is the subject of an existing sealing order, or the subject of a
motion for such an order, shall be submitted to the Clerk's Office securely
sealed, with the container clearly labeled "UNDER SEAL." The case
number, case caption, a reference to any statute, rule, or order permitting the
item to be sealed, and a non-confidential descriptive title of the document
shall also be noted on the container. (G) A motion to have an entire case kept under seal shall be
subject to the requirements and procedures of sections (D) and (F). (H) Nothing
in this Local Rule limits the ability of the parties, by agreement, to restrict
access to documents that are not filed with the Court. (I) Trial
exhibits, including documents previously filed under seal,
and trial transcripts shall not be filed under seal except upon a showing of
necessity demonstrated to the trial judge. (J) The Court having found that all motions for downward
departure filed by the government under 18 U.S.C. § 3553(e), United States
Sentencing Guidelines § 5.K.1.1, or Fed. R. Crim. P.
35 satisfy, by their nature, the requirements for sealing, such motions and
responses thereto may be filed under seal without filing a motion to seal by
placing the words "UNDER SEAL" on the face sheet of the motion and by
informing the Clerk of the need to file the document under seal. LOCAL CRIMINAL RULE 53 PHOTOGRAPHING, BROADCASTING, AND
TELEVISING IN COURTROOM AND ENVIRONS (A) General: The taking of photographs
and operation of tape recorders in the courtroom or its environs, and radio or
television broadcasting from the courtroom or its environs during the progress
of or in connection with judicial proceedings, including proceedings before a
magistrate judge or bankruptcy judge, whether or not Court is actually in
session, is prohibited. A judge may, however, permit (1) the use of electronic
or photographic means for the presentation of evidence or the perpetuation of a
record; and (2) the broadcasting, televising, recording, or photographing of investitive, ceremonial, or naturalization proceedings.
Environs, as used in this Local Rule, shall include any floor on which any
courtroom or hearing room is located, including all hallways, stairways,
windows, and elevators immediately adjacent to any such floor. (B) Exception:
With permission of the party or parties to be photographed, pictures may be
taken by any permanent occupant of any office within the environs aforesaid when the Court is not in session. LOCAL CRIMINAL RULE 55 EXHIBITS (A) Submission of Trial Exhibits: All
exhibits, models, or diagrams, documentary or physical, introduced in the trial
of a criminal case or otherwise lodged in anticipation of their introduction
into evidence in the trial of a criminal case, shall be retained by the Clerk
to be disposed of at the time and in the manner provided herein or directed by
the Court. (B) Custody and Removal of Exhibits During
Trial: Unless otherwise ordered by the Court, the courtroom
deputy shall maintain custody of all exhibits offered or received in evidence
when the Court is in session. During all recesses, the appropriate law
enforcement representative or the attorney for the party producing sensitive
exhibits shall maintain custody of such exhibits. Sensitive exhibits include,
but are not limited to, drugs, weapons, currency, any object capable of being
used as a weapon, any hazardous substance, or item of great monetary value. (C) Custody and
Disposition of Exhibits After Trial: (1) Unless
otherwise ordered by the Court, at the conclusion of the trial of any criminal
case, photographs of all sensitive exhibits will be substituted for the
exhibits and the exhibits will be returned to the tendering party. The
tendering party is responsible for furnishing the photographs, which shall
fully and accurately depict the exhibits for which they are substituted. (2)
Biological evidence (e.g., blood, saliva, or other body fluids or tissue,
clothing or objects containing body fluids, rape perk kits, etc.) from which
DNA or other forensic tests may be performed shall not be returned to the
parties except by leave of Court. (3) Final
Disposition of Exhibits: Forty-five (45) days after the date on which the
judgment becomes final by the conclusion of direct review or the expiration of
the time for seeking such review, and no party having applied for the return of
exhibits, the Clerk may, unless otherwise directed by the Court, deliver to the
United States Attorney any exhibit or other physical evidence submitted by any
party, and not covered by Local Criminal Rule 55(C)(2), for use by any
government agency interested therein, or for destruction or confiscation. FREE PRESS - FAIR TRIAL DIRECTIVES (A) Potential or Imminent Criminal Litigation:
In connection with pending or imminent criminal litigation with which a lawyer
or a law firm is associated, it is the duty of that lawyer or firm not to
release or authorize the release of information or opinion (1) if a reasonable
person would expect such information or opinion to be further disseminated by
any means of public communication, and (2) if there is a reasonable likelihood
that such dissemination would interfere with a fair trial or otherwise
prejudice the due administration of justice. (B) Grand Jury Proceedings: With respect
to a grand jury or other pending investigation of any criminal matter, a lawyer
participating in or associated with the investigation shall refrain from making
any extrajudicial statement which a reasonable person would expect to be
disseminated, by any means of public communication, that goes beyond the public
record or that is not necessary to inform the public that the investigation is
underway, to describe the general scope of the investigation, to obtain
assistance in the apprehension of a suspect, to warn the public of any dangers,
or otherwise to aid in the investigation. (C) Pending Criminal Proceedings - Specific Topics:
From the time of arrest, issuance of an arrest warrant, or the filing of a
complaint, information, or indictment in any criminal matter until the
termination of trial or disposition without trial, a lawyer, law firm, or law
enforcement personnel associated with the prosecution or defense shall not
release or authorize the release of any extrajudicial statement which a
reasonable person would expect to be further disseminated by any means of
public communication, if such statement concerns: (1) The prior criminal record (including arrests,
indictments, or other charges of crime), or the character or reputation of the
accused, except that the lawyer or law firm may make a factual statement of the
accused's name, age, residence, occupation, and
family status and, if the accused has not been apprehended, a lawyer associated
with the prosecution may release any information necessary to aid in his or her
apprehension or to warn the public of any dangers such person may present; (2) The existence or contents of any confession, admission,
or statement given by the accused, or the refusal or failure of the accused to
make any statement; (3) The performance of any examinations or tests or the accused's refusal or failure to submit to an examination or
test; (4) The identity, testimony, or credibility of prospective
witnesses, except that the lawyer or law firm may announce the identity of the
victim if the announcement is not otherwise prohibited by law; (5) The possibility of a plea of guilty to the offense
charged or a lesser offense; (6) Any opinion as to the accused's
guilt or innocence or as to the merits of the case or the evidence in the case.
The
foregoing shall not be construed to preclude the lawyer or law firm during this
period, in the proper discharge of the official or professional obligations
imposed, from announcing the fact and circumstances of arrest (including time
and place of arrest, resistance, pursuit, and use of weapons), the identity of
the investigating and arresting officer or agency, and the length of the
investigation; from making an announcement, at the time of seizure of any
physical evidence other than a confession, admission or statement, which is
limited to a description of the evidence seized; from disclosing the nature,
substance, or text of the charge, including a brief description of the offense
charged; from quoting or referring without comment to public records of the
Court in the case; from announcing the scheduling or result of any stage in the
judicial process; from requesting assistance in obtaining evidence; or from
announcing without further comment that the accused denies the charges made
against such person. (D) Pending Criminal Proceedings - General:
During a jury trial of any criminal matter, including the period of selection
of the jury, no lawyer or law firm associated with the prosecution or defense shall
give or authorize any extrajudicial statement or interview relating to the
trial or the parties or issues in the trial, which a reasonable person would
expect to be disseminated by means of public communication, if there is a
reasonable likelihood that such dissemination will interfere with a fair trial,
except that the lawyer or law firm may quote from or refer without comment to
public records of the Court in the case. (E) Provisos: Nothing in this Local Rule
is intended to preclude the formulation or application of more restrictive
rules relating to the release of information about juvenile or other offenders,
to preclude the holding of hearings or the lawful issuance of reports by
legislative, administrative, or investigative bodies, or to preclude any lawyer
from replying to charges of misconduct that are publicly made against such
lawyer. (F) Court Personnel: All Court personnel,
including, among others, the U.S. Marshal, deputy Marshals, Clerk's Office staff,
court security officers, court reporters, and employees or subcontractors
retained by the Court as contract court reporters, are prohibited from
disclosing to any person without authorization by the Court, information
relating to a pending grand jury proceeding or criminal case that is not part
of the public records of the Court. The divulgence of information concerning
grand jury proceedings, in camera arguments, and
hearings held in chambers or otherwise outside the presence of the public is
likewise forbidden. (G) Motions: In a widely publicized or
sensational criminal case, the Court, on motion of either party or on its own
motion, may issue a special order governing such matters as extrajudicial
statements by parties and witnesses likely to interfere with the rights of the
accused to a fair trial by an impartial jury, the seating and conduct in the
courtroom of spectators and news media representatives, the management and
sequestration of jurors and witnesses, and any other matters which the Court
may deem appropriate for inclusion in such an order. (H) Open Court: Unless otherwise provided
by law, all preliminary criminal proceedings, including preliminary
examinations and hearings on pretrial motions, shall be held in open Court and
shall be available for attendance and observation by the public; provided that,
upon motion made or agreed to by the defense, the Court, in the exercise of its
discretion, may order a pretrial proceeding be closed to the public, in whole
or in part, on the grounds: (1) that there is a substantial
probability that the dissemination of information disclosed at such proceeding
would impair the defendant's right to a fair trial; and (2) that reasonable alternatives to
closure will not adequately protect defendant's right to a fair trial. If the
Court so orders, it shall state for the record its specific findings concerning
the need for closure. LOCAL CRIMINAL RULE 57.2 PAYMENT OF FEES All fees due the Clerk shall be paid in advance except as
otherwise provided by law. LOCAL CRIMINAL RULE
57.3 OFFICIAL COURT REPORTERS TRANSCRIPTS
- HEARING ON TRANSCRIPTS - RECORD ON APPEAL (A) Preparation of Transcript: Where a
court reporter, under contract or officially employed, is called upon to
prepare a transcript, or any portion thereof, in a criminal case in which a
party is acting pro se or in a
criminal case in which the defendant is entitled to counsel under the Criminal
Justice Act, the court reporter may, at his or her election, file said
transcript or portion thereof with the Clerk of the United States District
Court (or if the transcript or portion thereof is ordered by the Court of
Appeals, it may be filed with the Clerk of the United States Court of Appeals),
and the Clerk shall acknowledge receipt of said transcript and forward same to
the pro se party or, if
represented by counsel pursuant to appointment under the Criminal Justice Act,
to the attorney representing said defendant. (B) Court Reporter Management Plan: In
accordance with the provisions of 28 U.S.C. § 753 and the requirements of a
resolution adopted by the Judicial Conference of the United States at its March
1982 session, all district courts are required to file a Court Reporter
Management Plan, which is available for inspection and copying in the Clerk's
Office. This plan provides information about the supervision, duties and
assignments, including the work hours, of court reporters and notes the fees
for transcripts. The transcript rates charged by court reporters are governed
by rates recommended by the Judicial Conference of the (C) Release of Transcript: The Clerk
shall not release any transcript for copying or reproducing without an order of
the Court, but counsel, interested parties, or the news media may examine any
transcript on file. (D) Obligation to (E) Record on Appeal: Unless otherwise
directed by the Court, the record on appeal in criminal cases shall not include
the examination of the jury on voir dire, counsel's
opening statements, arguments of counsel, including arguments of counsel on
motions, and the Court's charge to the jury unless there were exceptions to the
charge. Unless the
parties file a written stipulation with the Clerk within twenty (20) days after
notice of appeal is filed designating the papers which shall constitute the
record on appeal, the Clerk shall certify and forward to the Court of Appeals
all of the original pleadings and orders in the file jacket dealing with the
action or proceeding in which the appeal is taken, unless otherwise instructed
by the Court of Appeals. (F) Daily or
Expedited Copy: All requests for daily or expedited transcripts
must be made in writing to the court reporter, if known, and, if not, to the Clerk,
with copies to opposing counsel, not later than five (5) business days before
the hearing or trial to be transcribed. LOCAL CRIMINAL RULE 57.4 ATTORNEYS AND PRO SE PARTIES (A) Eligibility: Any person who is a
member of the bar in good standing in the Supreme Court of Virginia is eligible
to practice before this Court upon admission. (B) Initial Appearance: Any person who
meets the requirements of the foregoing paragraph and who maintains a law
office outside of (C) Procedure for Admission: Every person
desiring admission to practice in this Court shall file with the Clerk written
application therefor accompanied by an endorsement by
two (2) qualified members of the bar of this Court stating that the applicant
is of good moral character and professional reputation. The form for such
application may be obtained from the Clerk's Office. As a part
of the application, the applicant shall certify that applicant has within
ninety (90) days prior to submission of the application read or reread (a) the
Federal Rules of Criminal Procedure, (b) the Federal Rules of Evidence, and (c)
the Local Rules of the United States District Court for the Eastern District of
Virginia. The applicant shall thereafter be presented by a qualified
practitioner of the Court who shall in open Court by oral motion, and upon
giving assurance to the Court that the practitioner has examined the
credentials of the applicant and is satisfied the applicant possesses the
necessary qualifications, move the applicant's admission to practice. The
applicant shall in open Court take the oath required for admission, subscribe
the roll of the Court, and pay to the Clerk the required fee. For such payment,
the applicant shall be issued a certificate of qualification by the Clerk. For
good cause shown, the Court may waive payment of the fee. Federal
government attorneys, whether they are Department of Justice attorneys, or
assistant (D) Foreign Attorneys: (1) Upon written motion by a member of this Court, a
practitioner qualified to practice in the United States District Court of
another state or the District of Columbia may appear and conduct specific cases
pro hac vice
before this Court including oral arguments of motions and trial, provided that:
(a) The rules of the United States District Court of the
district in which the practitioner maintains an office extend a similar
privilege to members of the bar of this Court; and (b) That such practitioners from another state or the For purposes of this Local Rule, a member of the bar of this
Court shall be a person admitted to practice under Local Criminal Rule 57.4(C).
(2) All practitioners admitted before this Court for the
purpose of participating in a particular proceeding pro hac vice shall be subject to
the Local Rules of the United States District Court for the Eastern District of
Virginia and the Federal Rules of Disciplinary Enforcement (Appendix B). Applicants forpro hac vice admission shall complete a written
application certifying that they have read the Local Rules and shall pay the
required fee to the Clerk. Federal government attorneys, whether they are
United States Department of Justice attorneys, or assistant (3) Except where a party conducts his or her own case, no
pleading or notice required to be signed by counsel shall be filed unless
signed by counsel who shall have been admitted to practice in this Court under
subparagraphs (A), (B) and (C) of this Local Rule, with the office address
where notice can be served upon said attorney, and who shall have such
authority that the Court can deal with the attorney alone in all matters
connected with the case. Such appearance shall not be withdrawn without leave
of the Court. Service of notice or other proceedings on such an attorney shall
be equivalent to service on the parties for whom the attorney appeared. Federal government attorneys appearing pursuant to the
authority of the United States Attorney's Office for the Eastern District of
Virginia are not required to secure private local counsel. All other federal
government attorneys representing the interests of the (E) Western District of Virginia: Any
attorney admitted to practice in the Western District of Virginia shall be
permitted to practice in the Eastern District of Virginia upon the filing of a
certificate from the Clerk of the Western District of Virginia showing that
such attorney has been duly admitted to practice in that district. (F) Attorneys Filing Pleadings: Any
counsel presenting papers, suits, or pleadings for filing, or making an
appearance, must be members of the bar of this Court, or must have counsel who
are members of the bar of this Court to join in the pleading by endorsement.
Any counsel who joins in a pleading, motion, or other paper filed with the
Court will be held accountable for the case by the Court. At least one person
admitted to practice under subsection (C) of this Local Rule must personally be
present at all hearings, pretrials, and trials. This
obligation may not be avoided or delegated without leave of Court. (G) Withdrawal of Appearance: No attorney
who has entered an appearance in any criminal action shall withdraw such appearance,
or have it stricken from the record, except on order of the Court and after
reasonable notice to the party on whose behalf said attorney has appeared. (H) Practicing Before Admission or While Disbarred or
Suspended: Any person who, before admission to the bar of this
Court or during any disbarment or suspension, exercises any of the privileges
of a member of the bar of this Court, or who pretends to be entitled so to do,
shall be guilty of contempt of court and subject to appropriate punishment therefor. (I) Professional Ethics: With the
exception of Virginia Rule of Professional Conduct 3.6 (the subject of which is
covered by Local Criminal Rule 57), the ethical standards relating to the
practice of law in criminal cases in this Court shall be the Virginia Rules of
Professional Conduct, as published in the version effective January 1, 2000. (J) Courtroom Decorum: Counsel shall at
all times conduct and demean themselves with dignity and propriety. When
addressing the Court, counsel shall rise unless excused therefrom
by the Court. All statements and communications to the Court shall be clearly
and audibly made from a standing position at the counsel table or, if the Court
is equipped with an attorney's lectern, from a standing position behind the
lectern, facing the Court or the witness. Counsel shall not approach the bench
unless requested to do so by the Court or unless permission is granted upon the
request of counsel. Examination
of witnesses shall be conducted by counsel standing behind the lectern or, if
none, behind the counsel table. Counsel shall not approach the witness except
for the purpose of presenting, inquiring about, or examining the witness with
respect to an exhibit, unless otherwise permitted by the Court. Only one
attorney for each party may participate in the examination or cross-examination
of a witness. (K) Third-Year Law Student: An eligible
law student qualifying pursuant to Paragraph II of the Plan for Third-Year
Practice filed in each division of this Court is herewith given leave to
participate in any criminal case pursuant to said plan and as said plan may,
from time to time, be amended. The Plan for Third-Year Practice is Appendix A
to these Local Rules. (L) Federal Rules of
Disciplinary Enforcement: All counsel admitted to practice
before this Court or admitted for the purpose of a particular proceeding pro hac vice
shall be admitted subject to the rules, conditions and provisions set forth in
full as Appendix B to these Local Rules. COLLATERAL PAYMENTS In accordance with Fed. R. Crim. P. 58(d)(1), payment of a fixed sum may be accepted in suitable
types of misdemeanor cases in lieu of appearance and as authorizing the
termination of the proceedings. Such fixed sums may be increased or decreased
from time to time by the Court, provided such fixed sums shall not exceed the
maximum fine which could be imposed upon conviction.
LOCAL ADMIRALTY RULES LOCAL ADMIRALTY RULE (a) AUTHORITY AND SCOPE (1) Authority. The Local Admiralty Rules
of the United States District Court for the Eastern District of Virginia are
promulgated by a majority of the judges as authorized by and subject to the
limitations of Fed. R. Civ. P. 83. Any reference to
Federal Rule or Federal Rules shall be to the Federal Rules of Civil Procedure.
(2) Scope. The Local Admiralty Rules
apply only to civil actions that are governed by Supplemental Rule A of the
Supplemental Rules for Certain Admiralty and Maritime Claims. All other local
rules are applicable in these cases, but to the extent that another local rule
is inconsistent with the applicable Local Admiralty Rules, the Local Admiralty
Rules shall govern in admiralty cases. (3) Citation. The Local Admiralty Rules
may be cited by the letters "LAR" and the lower case letters and
numbers in parentheses that appear at the beginning of each section. The lower
case letter is intended to associate the Local Admiralty Rule with the
Supplemental Rule that bears the same capital letter. (4)
Officers of Court. As
used in the Local Admiralty Rules, "judicial officer" means a United
States District Judge or a United States Magistrate Judge; "Clerk" or
"Clerk of Court" means the Clerk of the District Court and includes
deputy Clerks of Court; and "Marshal" means the United States Marshal
and includes deputy Marshals. LOCAL ADMIRALTY RULE (b) IN PERSONAM ACTIONS: ATTACHMENT AND
GARNISHMENT (1) "Not Found Within the District" Defined.
A defendant is considered to be "not found within the district" if,
in an action in personam,
service upon the defendant cannot be effected in person or upon an
authorized officer or agent within the Commonwealth or if the only effective
service is through the Clerk of the State Corporation Commission, the Secretary
of the Commonwealth, or under the Virginia Long Arm Statute. (2) Affidavit That Defendant is Not
Found Within the District. The affidavit required by
Supplemental Rule (B)(2) to accompany the complaint
shall list every effort made by and on behalf of plaintiff to find and serve
the defendant within the district. (3) Ownership of Property. In an action
where the debts, credits, or effects named in the process of maritime
attachment or garnishment are not delivered up to the process server by the
defendant or the garnishee, or are asserted by the possessor not to be the
property of the defendant, the process shall be served sufficiently by leaving
a copy of the process with the defendant, garnishee and possessor, at his or
her residence or usual place of business. When the return of service shows that
process was so served, and when the plaintiff shows to the satisfaction of the
Court that the property does belong to the defendant or the garnishee, the
Court may proceed to hear and decide the case. (4)
Use of State Procedures.
When the plaintiff invokes a state procedure in order to attach or garnish
property under Fed. R. Civ. P. (4)(n)(2),
the process of attachment or garnishment shall so state. LOCAL ADMIRALTY RULE (c) ACTIONS IN REM: SPECIAL PROVISIONS (1) Undertaking in Lieu of Arrest. If,
before or after commencement of an action by arrest, all parties accept a
written undertaking to respond on behalf of the vessel or other property in
return for foregoing the arrest, or stipulating to the release of the vessel or
other property, the undertaking shall be filed, shall become the party in place
of the vessel or other property, and shall be deemed the subject referred to
when a pleading, motion, order, or judgment in the action refers to the vessel
or property. (2) Intangible Property. The summons
issued pursuant to Supplemental Rule C(3) shall direct the person having
control of the specified funds or other intangible property to show cause no
later than 10 days after service why the funds or other property should not be
delivered to the Marshal to abide the judgment. A judicial officer for good
cause shown may lengthen or shorten the time. Service of the summons has the
effect of an arrest of the property and brings it within the control of the
Court. The person who is served may deliver or pay over to the Marshal (or
other person or organization having a warrant for the arrest of the property)
the property or funds proceeded against to the extent sufficient to satisfy the
plaintiff's claim. If such delivery or payment is made, the person served is
excused from the duty to show cause. A claimant of the property may show cause
why the property should not be delivered or should be returned by serving and
filing a claim as provided in Supplemental Rule C(6) within the time allowed to
show cause and by serving and filing an answer to the complaint within 20 days
thereafter. If a claim is not filed within the time stated in the summons, or
an answer is not filed within the time allowed under this rule, the person who
was served shall deliver or pay to the Marshal the property or funds proceeded
against, or a part thereof sufficient to satisfy plaintiff's claim. (3) Publication of Notice of Action and Arrest.
The notice required by Supplemental Rule C(4) shall be
published once in a newspaper of general circulation within the Division where
arrest is to occur , and plaintiff's attorney shall file a copy of the notice
as it was published with the Clerk. The notice shall contain: (a)
the Court, title, and number of the action; (b)
the date of the arrest; (c)
the identity of the property arrested; (d)
the name, address and telephone number of the attorney
for plaintiff; (e) (i) a
statement that a person who asserts an interest in or right against the
property that is the subject of the civil forfeiture must file a verified
statement
identifying the interest or right, in compliance with Admiralty Rule C(6)(a), within 20 days of the earlier of (1) receiving
actual notice of execution of process, or (2) publication of the notice; or (ii)
a statement that a person who asserts a right of possession or any ownership
interest in the property that is the subject of the Maritime Arrest or Other
Proceeding must file a verified statement of right or interest, in compliance
with Admiralty Rule C(6)(b), within 10 days of the
earlier of (1) execution of process, or (2) publication of the notice. (f)
a statement that a person who files a statement of interest in or right against
the property subject to the civil forfeiture or a person who asserts a right of
possession or any ownership interest in the property subject to Maritime Arrest
and Other Proceedings must file an answer within 20 days of filing the verified
statement under LAR (c)(3)(e)(i)
or (ii). (g)
a statement that applications for intervention under
Federal Rule 24 by persons claiming maritime liens or other interests shall be
filed within the 10 days allowed for claims for possession; and (h) the name,
address and telephone number of the Marshal or deputy Marshal. (4) Default in Action In Rem. (a)
Notice Required. A party seeking a default judgment in an action in rem must satisfy the judicial officer that due notice of the
action and arrest of the property has been given (1) by publication in a
newspaper of general circulation within the Division where arrest occurred, (2)
by service under Fed. R. Civ. P.
5(a) upon the master or other person having custody of the property, and (3) by
service under Fed. R. Civ. P. 5(b) upon every
other person who has not appeared in the action and is known to have an
interest in the property. (b)
Persons With Recorded Interests. (1)
If the defendant property is a vessel documented under the laws of the (2)
If the defendant property is a vessel numbered as provided in the Federal Boat
Safety Act, plaintiff must obtain information from the issuing authority and
give notice to the persons named in the records of such authority. (3)
If the defendant property is of such character that there exists a registry of
recorded property interests and/or security interests in the property (whether
governmental or private), the party must obtain information from each such
registry and give notice to the persons named in the records of each such
registry. (5) Entry of Default and Default Judgment. After
the time for filing an answer has expired, the plaintiff may move for entry of
default under Fed. R. Civ. P.
55(a), unless there be an understanding between the parties or counsel to the
contrary. Default will be entered upon showing that: (a)
notice has been given as required in LAR (c)(4); (b)
the time for answer has expired; and (c)
no one has filed an appearance to claim the property. The
plaintiff may move for the entry of default judgment under Fed. R. Civ. P. 55(b)(2) at any time after
default has been entered. Default judgment may be entered under Fed. R. Civ. P. 55(b)(1) in admiralty
proceedings only after the Clerk shall have consulted with the Court. LOCAL ADMIRALTY RULE (d) POSSESSORY, PETITORY AND PARTITION
ACTIONS There is no Local Admiralty
Rule (d). ACTIONS IN REM AND QUASI IN REM:
GENERAL PROVISIONS (1) Itemized Demand for Judgment. The demand
for judgment in every complaint filed under Supplemental Rule B or C shall
allege the dollar amount of the debt or damages for which the action was
commenced; and the demand for judgment shall also allege the dollar amount of
every claim for interest, costs, attorneys' fees, and other items of damage.
The amount of the special bond posted under Supplemental Rule E(5) may be based upon these allegations. (2) Salvage Actions Complaints. In an
action for a salvage reward, the complaint shall allege the dollar value of the
vessel, cargo, freight, and other property salved, and tHe
dollar amount of the reward claimed. (3) Verification of Pleadings. Every
complaint in Supplemental Rule B, C and D actions shall be verified on oath or
solemn affirmation by a party or by an authorized officer of a corporate party.
If no party or authorized corporate officer is available, verification of a
complaint may be made by an agent, attorney-in-fact, or attorney of record, who
shall state the sources of the knowledge, information, and belief contained in
the complaint; declare that the document verified is true to the best of that
knowledge, information, and belief; state why verification is not made by the
party or an authorized corporate officer; and state that the affiant is
authorized so to verify. Such a verification will be
deemed to have been made by the party to whom a document might apply as if
verified personally. Any interested party may move the Court, with or without
requesting a stay, for the personal oath of a party or of all parties, or the
oath of an authorized corporate officer. If required by the Court, such
verification shall be procured by commission or as otherwise ordered. (4) Review by Judicial Officer. Unless
otherwise required by a judicial officer, the review of complaints and papers
called for by Supplemental Rules B(1) and C(3) does
not require the affiant party or attorney to be present. The applicant for
review shall include a form of order from the Clerk to the Marshal or other
person or organization which, upon signature by the judicial officer, will set
in motion the arrest, attachment or garnishment sought by the applicant. (5) (A) Service of Warrants and Process of Attachment. Warrants
for the arrest of a vessel, or cargo aboard a vessel, and process to attach a
vessel or property aboard a vessel, shall be served only by the Marshal. If
other property, tangible or intangible is the subject of the action, the
warrant shall be delivered by the Clerk to a person or organization authorized
to enforce it, who may be a Marshal, a person or organization contracted with
by the United States, a person specially appointed by the Court for that
purpose, or, if the action is brought by the United States, any officer or
employee of the United States. (B)
If the tangible property to be attached or arrested is a vessel, the Marshal
shall affix a copy of the process on the forward bulkhead of the wheelhouse,
and at the head of one accommodation where it is visible to people embarking or
disembarking the vessel at the ladder. In addition, if the vessel is moored at
a shoreside facility, the Marshal shall notify the
owner or manager of the facility of the fact of the arrest or attachment. (6) Marshal's Forms. The party who
requests a warrant of arrest or process of attachment or garnishment shall
provide instructions to the Marshal or other process server on forms supplied
by the Marshal and available from the Marshal's Office. (7) Property in Possession of United States Officer.
When the property to be attached or arrested is in the custody of an employee
or officer of the United States, the Marshal will deliver a copy of the
complaint and warrant of arrest or summons and process of attachment or
garnishment to that officer or employee if present, and otherwise to the
custodian of the property. The Marshal will instruct the officer or employee or
custodian to retain custody of the property until ordered to do otherwise by
the Court. (8) Security for Costs. In an action
under Supplemental Rule E, a party may file and serve upon an adverse party a
notice to post security for costs. Unless otherwise ordered by the Court, the
amount of security shall be $500.00. The party notified shall post security
within five days after service. A party who fails to post
security when due may not participate further in the proceedings, except for
the purpose of seeking relief from the order. (9) Increased Security for Costs. A party
may apply to the Court for an order increasing the amount of security for
costs. The Marshal shall notify the Court if a party fails to advance sums as
requested, after property has been arrested, attached or garnished, and the
Marshal may apply to the Court for directions if a question arises concerning
the obligation of a party to advance moneys required under this rule. (10) Marshal's Fees and Expenses. The party who first seeks arrest or attachment of property in an
action under Supplemental Rule E or Fed. R. Civ.
P. 4(n) shall deposit a sum of money with the Marshal to cover fees, expenses
of arrest, and safekeeping charges for ten days. The Marshal is not required to
execute process until the deposit is made. The sum of $5,000.00 shall suffice
in any case, subject to increase or to reduction following execution, and the
party shall advance additional sums from time to time as requested to cover the
Marshal's estimated fees and expenses until the property is released or
disposed of as provided in Supplemental Rule E. (11)
Appraisal. An order for
appraisal of property so that security may be given or altered will be entered
by the Clerk at the request of any interested party. If the parties do not
agree in writing upon an appraiser, a judicial officer will appoint the
appraiser. The appraiser shall be sworn to the faithful and impartial discharge
of the appraiser's duties before any federal or state officer authorized by law
to administer oaths. The appraiser shall give one day's notice of the time and
place of making the appraisal to counsel of record. The appraiser shall
promptly file the appraisal with the Clerk and serve it upon counsel of record.
The appraiser's fee normally will be paid by the moving party, but it is a
taxable cost of the action. (12) Adversary Hearing. The adversary
hearing following arrest or attachment and garnishment that is called for in
Supplemental Rule E(4)(f) shall be conducted by a
judicial officer. (13) Intervenors' Claims. (a)
When a vessel or other property has been arrested, attached, or garnished and
is in the hands of the Marshal or custodian substituted therefore, anyone
having a claim against the vessel or property is required to present the claim
by filing an intervening complaint, and not by filing an original complaint,
unless otherwise ordered by a judicial officer. Upon the filing of an
intervening complaint, the Clerk shall forthwith deliver a conformed copy to
the Marshal, who shall deliver the copy to the vessel or custodian of the
property, but the Marshal need not re-arrest or re-attach the vessel or
property. Intervenors shall thereafter be subject to
the rights and obligations of parties. (b)
No party may intervene without first obtaining leave of Court if intervention
is sought within 15 days prior to the date for which a sale of the vessel or
property has been set by the Court. (c)
An intervenor shall share the deposit for Marshal's
fees and expenses in the proportion that its claim bears to the sum of all the
claims. (14) Custody of Property. (a)
Safekeeping of Property. When a vessel or other property is brought into the
Marshal's custody by arrest or attachment, the Marshal shall arrange for
adequate safekeeping, which may include the placing of keepers on or near the
vessel, or the appointment of a facility or person as custodian of the property
in place of the Marshal. (b)
Cargo Handling, Repairs, and Movement of the Vessel. Following arrest or
attachment of a vessel, no cargo handling, repairs, or movement may be made
without an order of Court. The applicant for such an order shall give notice to
the Marshal and to all parties of record. Upon proof of adequate insurance
coverage of the applicant to indemnify the Marshal for his liability, the Court
may direct the Marshal to permit cargo handling, repairs, movement of the
vessel, or other operations. (c)
Motion for Change in Arrangements. Before or after the Marshal has taken
custody of a vessel, cargo, or other property, any party of record may move for
an order to dispense with keepers or to remove or place the vessel, cargo or
other property at a specified facility, to designate a substitute custodian, or
for similar relief. Notice of the motion shall be given to the Marshal and to
all parties of record. The judicial officer will require that adequate
insurance on the property will be maintained by the successor to the Marshal,
before issuing the order to change arrangements. (d)
Insurance. The Marshal may order insurance to protect the Marshal, his
deputies, keepers, and substitute custodians, from liabilities assumed in
arresting and holding the vessel, cargo, or other property, and in performing
whatever services may be undertaken to protect the vessel, cargo, or other
property, and to maintain the Court's custody. The party who applies for arrest
or attachment of the vessel, cargo, or other property shall reimburse the
Marshal for premiums paid for the insurance. The party who applies for removal
of the vessel, cargo, or other property to another location, for designation of
a substitute custodian, or for other relief that will require an additional
premium, shall reimburse the Marshal therefor. The
premiums charged for the liability insurance are taxable as administrative
costs while the vessel, cargo, or other property is in custody of the Court. (e)
Claims by Suppliers for Payment of Charges. A person who furnishes supplies or
services to a vessel, cargo, or other property in custody of the Court who has
not been paid and claims the right to payment as an expense of administration
shall submit an invoice to the Court for approval in the form of a verified
claim at any time before the vessel, cargo, or other property is released or
sold. The supplier must serve copies of the claim on the Marshal, substitute
custodian (if one has been appointed), and all parties of record. The Court may
consider the claims individually or schedule a single hearing for all claims. (15)
(a) Notice. Unless
otherwise ordered upon good cause shown or as provided by law, a notice of sale
of property in an action in rem, including the terms of sale, shall be
published daily for a period of six days prior to the day of sale in a
newspaper of general circulation in the Division where arrest occurred and sale
is to take place. (b) (c) Objection to (d) Confirmation of the (e) Confirmation of the (f) Disposition of
Deposits. (1) Objection
Sustained. If an objection is sustained, sums deposited by the successful
bidder will be returned to the bidder forthwith. The sum deposited by the
objector will be applied to pay the fees and expenses incurred by the Marshal
in keeping the property until it is resold, and any balance remaining shall be
returned to the objector. The objector will be reimbursed for the expense of
keeping the property from the proceeds of a subsequent sale. (2) Objection
Overruled. If the objection is overruled, the sum deposited by the objector
will be applied to pay the expense of keeping the property from the day the
objection was filed until the day the sale is confirmed, and any balance
remaining will be returned to the objector forthwith. LOCAL ADMIRALTY RULE (f) LIMITATION OF LIABILITY (1) Security for Costs. The amount of
security for costs under Supplemental Rule F(1) shall
be $1,000.00, and it may be combined with the security for value and interest,
unless otherwise ordered. (2) Order of Proof at Trial. Where the
vessel interests seeking statutory limitation of liability have raised the
statutory defense by way of answer or complaint, the plaintiff in the former or
the damage claimant in the latter, shall proceed with its proof first, as is
normal at civil trials. (3) Compliance With Supplemental Rule F(4).
The owner shall file within seven (7) days after the date named
in the notice proof of compliance with the notice requirement of Supplemental
Rule F(4). APPENDIX A PLAN FOR THIRD YEAR PRACTICE RULE I. Activities A.
An eligible law student may appear before the judges, magistrate judges, and
bankruptcy judges in this Court on behalf of any person if the person on whose
behalf he or she is appearing has indicated in writing consent to that
appearance and the supervising lawyer, who must be counsel of record for the
person on whose behalf the law student is appearing, has also indicated in
writing approval of that appearance, in the following matters: 1.
Any civil or criminal matter. 2.
Any bankruptcy matter. B.
Any eligible law student may appear in any criminal or civil matter on behalf
of the Government with the written approval of the United States Attorney or
his authorized representative as the supervising lawyer. C. In all matters
before the judges, magistrate judges or bankruptcy judges, the supervising
lawyer must be personally present unless permission to the contra is granted by
the Court. II. Requirements
and Limitations
In order to make an
appearance pursuant to this rule, the law student must: A.
Be duly enrolled in a law school approved by the American Bar Association or
Virginia Board of Bar Examiners. B.
Have completed legal studies amounting to at least four (4) semesters, or the
equivalent if the school is on some basis other than a semester basis. C.
Be certified by the dean of his law school as being of good character and
competent legal ability, and as being adequately trained to perform as a legal
intern. D.
Be introduced to the Court in which he or she is
appearing by an attorney admitted to practice in same. E.
Neither ask for nor receive any compensation or remuneration of any kind for
services from the person on whose behalf he or she renders services, but this
shall not prevent a lawyer, legal aid bureau, law school, public defender agency,
or the State, or federal government, from paying compensation to the eligible
law student, nor shall it prevent any agency from making such charges for its
services as it may otherwise properly require. F. Certify in writing that he or she has read
and is familiar with the Virginia Code of Professional Responsibility. III. Certification The certification of a
student by the law school dean: A.
Shall be filed with the Clerk of this Court and, unless it is sooner withdrawn,
it shall remain in effect until the expiration of eighteen (18) months after it
is filed, or until the announcement of the results of the first bar examination
following the student's graduation, whichever is earlier. For any student who
passes that examination or who is admitted to the bar without taking an
examination, the certification shall continue in effect until the date he or
she is admitted to the bar. B.
May be withdrawn by the dean at any time by mailing a notice to that effect to
the Clerk of this Court. It is not necessary that the notice state the cause
for withdrawal. C.
May be terminated by this Court at any time without notice or hearing and
without any showing of cause. IV. Other
Activities A.
In addition, an eligible law student may engage in other activities, under the
general supervision of a member of the bar of this Court, but outside the
personal presence of that lawyer, including: 1.
Preparation of pleadings and other documents to be filed in any matter in which
the student is eligible to appear, but such pleadings or documents must be
signed by the supervising lawyer. 2.
Preparation of briefs, abstracts and other documents to be filed, but such
documents must be signed by the supervising lawyer. 3.
Except when the assignment of counsel in the matter is required by any
constitutional provision, statute or rule of this Court, assistance to indigent
inmates of correctional institutions or other persons who request such
assistance in preparing applications for and supporting documents for
post-conviction relief. If there is an attorney of record in the matter, all
such assistance must be supervised by the attorney of record, and all documents
submitted to the Court on behalf of such a client must be signed by the
attorney of record. 4.
Each document or pleading must contain the name of the eligible law student who
has participated in drafting it. If he participated in drafting only a portion
of it, that fact may be mentioned. B.
Nothing contained herein shall be construed to permit the law student to participate
in the taking of depositions in the absence of his supervising attorney. V. Supervision The member of the bar under
whose supervision an eligible law student does any of the things permitted by
this rule shall: A.
Be a lawyer whose service as a supervising lawyer for this program is approved
by a judge of this Court. Such approval may be given upon application of any
attorney who is a member of the bar of the Court. Such approval may be given by
a judge of this Court by formally or informally advising the Clerk of such
approval. No approval shall be granted, however, unless and until approval by
the dean of the law school in which the law student is enrolled is also
obtained. B.
Assume personal professional responsibility for the student's guidance in any
work undertaken and for supervising the quality of the student's work. C.
Assist the student in his or her preparation to the extent the supervising
lawyer considers it necessary. D.
Agree to notify the dean of the appropriate law school of any alleged failure
on the part of the student to abide by the letter and spirit of this order. E.
The Clerk of the Court shall maintain a roll of
approved law students and supervising attorneys. VI. Miscellaneous Nothing
contained in this rule shall affect the right of any person who is not admitted
to practice law to do anything he or she might lawfully do prior to the
adoption of this Rule. APPENDIX B FRDE RULE I A. Upon the
filing with this Court of a certified copy of a judgment of conviction
demonstrating that any attorney admitted to practice before the Court has been
convicted in any Court of the United States, or the District of Columbia, or of
any state, territory, commonwealth or possession of the United States of a
serious crime as hereinafter defined, the Court shall enter an order
immediately suspending that attorney, whether the conviction resulted from a
plea of guilty, or nolo contendere
or from a verdict after trial or otherwise, and regardless of the pendency of any appeal, until final disposition of a
disciplinary proceeding to be commenced upon such conviction. A copy of such
order shall immediately be served upon the attorney. Upon good cause shown, the
Court may set aside such order when it appears in the interest of justice to do
so. B. The term
"serious crime" shall include any felony and any lesser crime a
necessary element of which, as determined by the statutory or common law
definition of such crime in the jurisdiction where the judgment was entered,
involves false swearing, misrepresentation, fraud, willful failure to file
income tax returns, deceit, bribery, extortion, misappropriation, theft, or an
attempt or a conspiracy or solicitation of any other to commit a "serious
crime." C. A
certified copy of a judgment of conviction of an attorney for any crime shall
be conclusive evidence of the commission of that crime in any disciplinary
proceeding instituted against that attorney based upon the conviction. D. Upon the
filing of a certified copy of a judgment of conviction of an attorney for a
serious crime, the Court shall, in addition to suspending that attorney in
accordance with the provisions of this Rule, also refer the matter to counsel
for the institution of a disciplinary proceeding before the Court in which the
sole issue to be determined shall be the extent of the final discipline to be
imposed as a result of the conduct resulting in the conviction, provided that a
disciplinary proceeding so instituted will not be brought to final hearing
until all appeals from the conviction are concluded. This Rule shall not be
applicable if the attorney has surrendered his license to practice law and has
submitted a letter to the Clerk withdrawing his or her name from the Roll of
Attorneys. E. Upon the
filing of a certified copy of a judgment of conviction of an attorney for a
crime not constituting a "serious crime," the Court may refer the
matter to counsel for whatever action counsel may deem warranted, including the
institution of a disciplinary proceeding before the Court; provided, however,
that the Court may in its discretion make no references with respect to
convictions for minor offenses. F. An attorney suspended under the provisions of this Rule
will be reinstated immediately upon the filing of a certificate demonstrating
that the underlying conviction of a serious crime has been reversed but the
reinstatement will not terminate any disciplinary proceeding then pending
against the attorney, the disposition of which shall be determined by the Court
on the basis of all available evidence pertaining to both guilt and the extent
of discipline to be imposed. FRDE RULE II DISCIPLINE IMPOSED BY OTHER COURTS A. Any attorney admitted to
practice before this Court shall, upon being subjected to public discipline by
any other court of the B. Upon the filing of a
certified or exemplified copy of a judgment or order demonstrating that an
attorney admitted to practice before this Court has been disciplined by another
Court, this Court shall forthwith issue a notice directed to the attorney
containing: 1.
A copy of the judgment or order from the other Court; and 2.
An order to show cause directing that the attorney
inform this Court within 30 days after service of that order upon the attorney,
personally or by mail, of any claim by the attorney predicated upon the grounds
set forth in (D) hereof that the imposition of the identical discipline by the
Court would be unwarranted and the reasons therefor. C.
In the event the discipline imposed in the other jurisdiction has been stayed
there, any reciprocal discipline imposed in this Court shall be deferred until
such stay expires. D. Upon the expiration of
30 days from service of the notice issued pursuant to the provisions of (B)
above, this Court shall impose the identical discipline unless the
respondent-attorney demonstrates, or this Court finds, that upon the face of
the record upon which the discipline in another jurisdiction is predicated it
clearly appears: 1.
That the procedure was so lacking in notice or opportunity to be heard as to
constitute a deprivation of due process; or 2.
That there was such an infirmity of proof establishing the misconduct as to
give rise to the clear conviction that this Court could not, consistent with
its duty, accept as final the conclusion on that subject; or 3.
That the imposition of the same discipline by this Court would result in grave
injustice; or 4.
That the misconduct established is deemed by this Court to warrant
substantially different discipline. Where this Court determines
that any of said elements exist, it shall enter such other order as it deems
appropriate. E. In all other respects, a
final adjudication in another Court that an attorney has been guilty of
misconduct shall establish conclusively the misconduct for purposes of a
disciplinary proceeding in the Court of the F.
This Court may at any stage appoint counsel to prosecute the disciplinary
proceedings. FRDE RULE III DISBARMENT ON CONSENT OR RESIGNATION
IN OTHER COURTS A. Any
attorney admitted to practice before this Court who shall be disbarred on
consent or resign from the bar of any other Court of the United States or the
District of Columbia, or from the Bar of any state, territory, commonwealth or
possession of the United States while an investigation into allegations of
misconduct is pending, shall, upon the filing with this Court of a certified or
exemplified copy of the judgment or order accepting such disbarment on consent
or resignation, cease to be permitted to practice before this Court and be
stricken from the roll of attorneys admitted to practice before this Court. B. Any attorney admitted to practice before this Court
shall, upon being disbarred on consent or resigning from the bar of any other
Court of the United States or the District of Columbia, or from the Bar of any
state, territory, commonwealth or possession of the United States while an
investigation into allegations of misconduct is pending, promptly inform the
Clerk of this Court of such disbarment on consent or resignation. FRDE RULE IV STANDARDS OF PROFESSIONAL CONDUCT A. For
misconduct defined in these Rules, and for good cause shown, and after notice
and opportunity to be heard, any attorney admitted to practice before this
Court may be disbarred, suspended from practice before this Court, reprimanded
or subjected to other disciplinary action as the circumstances may warrant. B. Acts or omissions by an attorney admitted to practice
before this Court, individually or in concert with any other person or persons,
which violate the Virginia Rules of Professional Conduct adopted by this Court
shall constitute misconduct and shall be grounds for discipline, whether or not
the act or omission occurred in the course of any attorney-client relationship.
The Rules of Professional Conduct adopted by this Court are the Rules of
Professional Conduct adopted by the highest Court of the state in which this
Court sits, as amended from time to time by that state Court, except as
otherwise provided by specific Rule of this Court after consideration of
comments by representatives of bar associations within the state. FRDE RULE V DISCIPLINARY PROCEEDINGS A. When misconduct
or allegations of misconduct which, as substantiated, would warrant discipline
on the part of an attorney admitted to practice before this Court shall come to
the attention of a judge of this Court, whether by complaint or otherwise, and
the applicable procedure is not otherwise mandated by these Rules, the judge
shall refer the matter to counsel for investigation and the prosecution of a
formal disciplinary proceeding or the formulation of such other recommendation
as may be appropriate. B. Should
counsel conclude after investigation and review that a formal disciplinary
proceeding should not be initiated against the respondent-attorney because
sufficient evidence is not present, or because there is pending another
proceeding against the respondent-attorney, the disposition of which in the
judgment of the counsel should be awaited before further action by this Court
is considered, or for any other valid reason, counsel shall file with the Court
a recommendation for disposition of the matter, whether by dismissal,
admonition, deferral, or otherwise setting forth the reasons therefor. C. To
initiate formal disciplinary proceedings, counsel shall obtain an order of this
Court upon a showing of probable cause requiring the respondent-attorney to
show cause within 30 days after service of that order upon that attorney,
personally or by mail, why the attorney should not be disciplined. D. Upon the respondent-attorney's answer to the order to
show cause, if any issue of fact is raised or the respondent-attorney wishes to
be heard in mitigation, this Court shall set the matter for prompt hearing
before one or more judges of this Court, provided however that if the
disciplinary proceeding is predicated upon the complaint of a Judge of this
Court the hearing shall be conducted before a panel of three other judges of
this Court appointed by the chief judge, or, if there are less than three
judges eligible to serve or the chief judge is the complainant, by the Chief
Judge of the Court of Appeals for this Circuit. FRDE RULE VI DISBARMENT ON CONSENT WHILE UNDER
DISCIPLINARY INVESTIGATION OR PROSECUTION A. Any
attorney admitted to practice before this Court who is the subject of an
investigation into, or a pending proceeding involving, allegations of
misconduct may consent to disbarment, but only by delivering to this Court an
affidavit stating that the attorney desires to consent to disbarment and that: 1. the attorney's consent is freely
and voluntarily rendered; the attorney is not being subjected to coercion or
duress; the attorney is fully aware of the implications of so consenting; 2. the attorney is aware that there is a presently pending
investigation or proceeding involving allegations that there exist grounds for
the attorney's discipline, the nature of which the attorney shall specifically
set forth; 3. the attorney acknowledges that
the material facts so alleged are true; and 4. the attorney so consents because
the attorney knows that if charges were predicated upon the matters under
investigation, or if the proceeding were prosecuted, the attorney could not
successfully defend himself or herself. B. Upon
receipt of the required affidavit, this Court shall enter an order disbarring
the attorney. C. The order disbarring the attorney on consent shall be a
matter of public record. However, the affidavit required under the provisions
of this Rule shall not be publicly disclosed or made available for use in any
other proceeding except upon order of this Court. FRDE RULE VII REINSTATEMENT A. After Disbarment or Suspension. An
attorney suspended for three months or less shall be automatically reinstated
at the end of the period of suspension upon the filing with the Court of an
affidavit of compliance with the provisions of the order. An attorney suspended
for more than three months or disbarred may not resume practice until
reinstated by order of this Court. B. Time of Application Following Disbarment.
A person who has been disbarred after hearing or by consent may not apply for
reinstatement until the expiration of at least five years from the effective
date of the disbarment. C. Hearing on Application. Petitions for
reinstatement by a disbarred or suspended attorney under this Rule shall be
filed with the chief judge of this Court. Upon receipt of the petition, the
chief judge shall promptly refer the petition to counsel and shall assign the
matter for prompt hearing before one or more judges of this Court, provided
however that if the disciplinary proceeding was predicated upon the complaint of
a judge of this Court the hearing shall be conducted before a panel of three
other judges of this Court appointed by the chief judge, or, if there are less
than three judges eligible to serve or the chief judge was the complainant, by
the chief judge of the Court of Appeals for this Circuit. The judge or judges
assigned to the matter shall within 30 days after referral schedule a hearing
at which the petitioner shall have the burden of demonstrating by clear and
convincing evidence that he has the moral qualifications, competency and
learning in the law required for admission to practice law before this Court
and that his resumption of the practice of law will not be detrimental to the
integrity and standing of the bar or to the administration of justice, or
subversive of the public interest. D. Duty of Counsel. In all proceedings
upon a petition for reinstatement, cross-examination of the witnesses of the
respondent-attorney and the submission of evidence, if any, in opposition to
the petition shall be conducted by counsel. E. Deposit for Costs of Proceeding.
Petitions for reinstatement under this Rule shall be accompanied by an advance
cost deposit in an amount to be set from time to time by the Court to cover
anticipated costs of the reinstatement proceeding. F. Conditions of Reinstatement. If the
petitioner is found unfit to resume the practice of law, the petition shall be
dismissed. If the petitioner is found fit to resume the practice of law, the
judgment shall reinstate him, provided that the judgment may make reinstatement
conditional upon the payment of all or part of the costs of the proceedings,
and upon the making of partial or complete restitution to parties harmed by the
petitioner whose conduct led to the suspension or disbarment. Provided further,
that if the petitioner has been suspended or disbarred for five years or more,
reinstatement may be conditioned, in the discretion of the judge or judges
before whom the matter is heard, upon the furnishing of proof of competency and
learning in the law, which proof may include certification by the bar examiners
of a state or other jurisdiction of the attorney's successful completion of an
examination for admission to practice subsequent to the date of suspension or
disbarment. G.
Successive Petitions.
No petition for reinstatement under this Rule shall be filed within one year
following an adverse judgment upon a petition for reinstatement filed by or on
behalf of the same person. FRDE RULE VIII ATTORNEYS SPECIALLY ADMITTED Whenever an attorney applies to be admitted or is admitted
to this Court for purposes of a particular proceeding (pro hac
vice), the attorney shall be deemed thereby to have conferred disciplinary
jurisdiction upon this Court for any alleged misconduct of that attorney
arising in the course of or in the preparation for such proceeding. FRDE RULE IX SERVICE OF PAPERS AND OTHER NOTICES Service of an order to show cause
instituting a formal disciplinary proceeding shall be made by personal service
or by registered or certified mail addressed to the respondent-attorney at the
last address of record. Service of any other papers or notices required by
these Rules shall be deemed to have been made if such paper or notice is
addressed to the respondent-attorney at the last address of record; or to
counsel or the respondent's attorney at the address indicated in the most
recent pleading or other document filed by them in the course of any
proceeding. FRDE RULE X APPOINTMENT OF COUNSEL Whenever
counsel is to be appointed pursuant to these Rules to investigate allegations
of misconduct or prosecute disciplinary proceedings or in conjunction with a
reinstatement petition filed by a disciplinary agency of the highest Court of
the state wherein the Court sits, or the attorney maintains his or her
principal office in the case of the Courts of appeal, or other disciplinary
agency having jurisdiction, this Court shall appoint as counsel one or more
members of the Bar of this Court to investigate allegations of misconduct or to
prosecute disciplinary proceedings under these rules, provided, however, that
the respondent-attorney may move to disqualify an attorney so appointed who is
or has been engaged as an adversary of the respondent-attorney in any matter.
Counsel, once appointed, may not resign unless permission to do so is given by
this Court. FRDE RULE XI DUTIES OF THE CLERK A. Upon
being informed that an attorney admitted to practice before this Court has been
convicted of any crime, the Clerk of this Court shall determine whether the
Clerk of the Court in which such conviction occurred has forwarded a
certificate of such conviction to this Court. If a certificate has not been so
forwarded, the Clerk of this Court shall promptly obtain a certificate and file
it with this Court. B. Upon
being informed that an attorney admitted to practice before this Court has been
subjected to discipline by another Court, the Clerk of this Court shall
determine whether a certified or exemplified copy of the disciplinary judgment or
order has been filed with this Court, and, if not, the Clerk shall promptly
obtain a certified copy or exemplified copy of the disciplinary judgment or
order and file it with this Court. C. Whenever
it appears that any person convicted of any crime or disbarred or suspended or
censured or disbarred on consent by this Court is admitted to practice law in
any other jurisdiction or before any other Court, the Clerk of this Court
shall, within ten days of that conviction, disbarment, suspension, censure, or
disbarment on consent, transmit to the disciplinary authority in such other
jurisdiction, or for such other Court, a certificate of the conviction or a
certified or exemplified copy of the judgment or order of disbarment,
suspension, censure, or disbarment on consent, as well as the last known office
and residence addresses of the defendant or respondent. D. The Clerk of this Court shall,
likewise, promptly notify the National Discipline Data Bank operated by the
American Bar Association of any order imposing public discipline upon any
attorney admitted to practice before this Court. FRDE RULE XII JURSDICTION Nothing contained in these Rules shall be construed to deny
to this Court such powers as are necessary for the Court to maintain control
over proceedings conducted before it, such as proceedings for contempt under
Title 18 of the FRDE RULE XIII EFFECTIVE DATE Any
amendments to these disciplinary enforcement rules shall become effective
immediately upon the entry and filing of any Order, provided that any formal
disciplinary proceedings then pending before this Court shall be concluded
under the procedure existing prior to the effective date of these amendments.
(3) A deposition taken without leave of Court pursuant to a notice under Fed.
R. Civ. P. 30(a)(1) before
the time required by Fed. R. Civ. P. 12 for filing an
answer or responsive pleading shall not be used against a party who
demonstrates that, when served with the notice, it was unable through the
exercise of diligence to obtain counsel to represent it at the taking of the
deposition.
(C) Communication With Jurors:
No attorney or party litigant shall personally, or through any investigator or
any other person acting for the attorney or party litigant, interview, examine,
or question any juror or alternate juror with respect to the verdict or
deliberations of the jury in any criminal action except on leave of Court
granted upon good cause shown and upon such conditions as the Court shall fix.
FEDERAL RULES OF DISCIPLINARY
ENFORCEMENT
ATTORNEYS
CONVICTED OF CRIMES