The United States District Court for the Eastern District of Virginia has adopted an amendment to Local Civil Rule 7 after a period of public comment.
Local Civil Rule 7 is amended as previously proposed on October 31, 2024. The redlined version of the proposed amendment, as well as the new rule and justification, is linked below.
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.
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, the Court recommended that Local Civil Rule 7(K) be deleted, and this recommendation has been executed.
An updated copy of the Local Rules for the United States District Court for the Eastern District of Virginia, effective December 1, 2024, may be found here.