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New Local Criminal Rule 32 and Amendments to Local Civil Rule 83.1 and Local Criminal Rule 57.4 Adopted

Wednesday, January 18, 2023

The United States District Court for the Eastern District of Virginia adopts new Local Criminal Rule 32 and amendments to Local Civil Rule 83.1 and Local Criminal Rule 57.4 after a period of public comment.  

The Rules are adopted as previously proposed on October 27, 2022.  The redlined version of the new local rule and proposed amendments, as well as the new rule and justifications, are linked below.

Local Criminal Rule 32
Local Civil Rule 83.1
Local Criminal Rule 57.4

As a result of the amendments to Local Civil Rule 83.1 and Local Criminal Rule 57.4, federal government attorneys will no longer have to be admitted to practice in the Eastern District of Virginia.  The adopted amendments allow federal government attorneys from the United States Attorney’s Office for the Eastern District of Virginia and the Federal Public Defender’s Office for the Eastern District of Virginia to appear and sign filings without being admitted to practice in this Court as long as such attorney is qualified and licensed to practice before the Supreme Court of the United States, or before the highest court of any state in the United States, or before the courts in the District of Columbia. Other federal government attorneys representing the United States government, or agency thereof, may appear and sign pleadings without being admitted to practice in this Court as long as such attorney is qualified and licensed to practice before the Supreme Court of the United States, or before the highest court of any state in the United States, or before the courts in the District of Columbia, but any such attorney must secure local counsel by either working with an Assistant United States Attorney assigned to the Eastern District of Virginia or secure local counsel admitted to practice in the Court who shall accompany the attorney in all appearances before the Court and also sign all pleadings and other filings.

A new E-Filing Registration form for federal government attorneys will be available soon.

The new and amended local rules go into effect today, January 18, 2023.  

An updated copy of the Local Rules for the United States District Court for the Eastern District of Virginia, effective January 18, 2023, may be found here.