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)
(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.