The Local Rules were last amended on December 1, 2024. At that time, Local Civil Rule 7 was amended to alleviate the risk of confusion that may result from a pro se litigant receiving separate and possibly different warnings from the Court and opposing counsel regarding dispositive motions.
Previously, Local Civil Rule 7(K) required that opposing counsel give notice to pro se litigants when filing a dispositive motion. This “warning [must be] consistent with the requirements of Roseboro v. Garrison, 528 F.2d 309 (4th Cir. 1975),” which requires pro se litigants be informed: (1) about the litigant’s right to respond in opposition and the deadline for doing so; (2) that failure to respond could result in dismissal of the case; (3) about contesting facts asserted by the moving party and methods for doing so; and (4) about the litigant’s right to file a legal brief in opposition. The rule only specified that these warnings must be given by opposing counsel, not warnings issued by the Court.
In Milla v. Brown, 109 F.4th 222, 225–27 (4th Cir. 2024), the United States Court of Appeals for the Fourth Circuit questioned whether the requirements of Local Civil Rule 7(K) complied with Roseboro and Circuit precedent. Specifically, the Fourth Circuit stated that “[t]he court must provide this notice in a manner that is ‘sufficiently clear to be understood by a Pro se litigant and calculated to appraise him of what is required under Rule 56.’” Id. (citing Davis v. Zahradnick, 600 F.2d 458, 460 (4th Cir. 1979) (emphasis added)). The Fourth Circuit “reserve[d] the question of whether [Local Civil Rule 7(K)] complies with Roseboro.” Id. at 234.
As a result, the Court recommended that Local Civil Rule 7(K) be deleted
Additional Resources
- A list of helpful hints prepared by the Clerk's Office for attorneys and pro se litigants practicing in the Alexandria Division.
- A list of helpful hints prepared by the Clerk's Office for attorneys and pro se litigants practicing in the Norfolk/Newport News Divisions.
- A list of helpful hints prepared by the Clerk's Office for attorneys and pro se litigants practicing in the Richmond Division.
- Code of Pretrial and Trial Conduct