Local Rules EDVA

LOCAL RULES
FOR THE
UNITED STATES DISTRICT COURT

EASTERN DISTRICT OF VIRGINIA
Effective December 1, 2020

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CONTENTS
LOCAL CIVIL RULES

LOCAL CIVIL RULE 1
SCOPE OF RULES ................................................................................................................................................ 7
LOCAL CIVIL RULE 3

AREA AND DIVISIONS ....................................................................................................................................... 8
LOCAL CIVIL RULE 4

SERVICE AND RETURN OF SUMMONS – ABATEMENT ............................................................................ 10
LOCAL CIVIL RULE 5

REQUESTS TO FILE DOCUMENTS UNDER SEAL AND THE HANDLING OF DOCUMENTS UNDER
SEAL .................................................................................................................................................................... 11
LOCAL CIVIL RULE 7

PLEADINGS – MOTIONS – CONTINUANCES – ORDERS ............................................................................ 13
LOCAL CIVIL RULE 7.1

FINANCIAL DISCLOSURE................................................................................................................................ 16
LOCAL CIVIL RULE 16

PRETRIAL CONFERENCE................................................................................................................................. 17
LOCAL CIVIL RULE 26

DISCOVERY AND DISCLOSURE ..................................................................................................................... 18
LOCAL CIVIL RULE 30

DEPOSITIONS – EXPENSES – SUMMARIES – REVIEWING DEPOSITIONS ............................................. 20
LOCAL CIVIL RULE 37

MOTIONS TO COMPEL AND SANCTIONS .................................................................................................... 22
LOCAL CIVIL RULE 38

DEMAND FOR JURY TRIAL ............................................................................................................................. 24
LOCAL CIVIL RULE 45

SUBPOENAS ....................................................................................................................................................... 25
LOCAL CIVIL RULE 47

JURORS................................................................................................................................................................ 27
LOCAL CIVIL RULE 51

PROPOSED JURY INSTRUCTIONS AND VOIR DIRE ................................................................................... 28
LOCAL CIVIL RULE 54

COSTS – NOTICE OF APPEAL – JURY COSTS............................................................................................... 29
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LOCAL CIVIL RULE 56
SUMMARY JUDGMENT.................................................................................................................................... 31
LOCAL CIVIL RULE 62

APPEAL BOND – EXEMPTION FROM ............................................................................................................ 32
LOCAL CIVIL RULE 65

SURETIES – SECURITY – BONDSMAN .......................................................................................................... 33
LOCAL CIVIL RULE 67

DEPOSIT, WITHDRAWAL AND INVESTMENT OF FUNDS IN THE COURT REGISTRY INVESTMENT
SYSTEM ............................................................................................................................................................... 35
LOCAL CIVIL RULE 71A

LAND CONDEMNATION ACTIONS ................................................................................................................ 36
LOCAL CIVIL RULE 72

UNITED STATES MAGISTRATE JUDGES – DUTIES .................................................................................... 37
LOCAL CIVIL RULE 79

EXHIBITS ............................................................................................................................................................ 38
LOCAL CIVIL RULE 80

TRANSCRIPTS – RECORD ON APPEAL ......................................................................................................... 39

ATTORNEYS AND PRO SE PARTIES .............................................................................................................. 40

SALES AND DISTRIBUTION OF PROCEEDS OF SALES .............................................................................. 44

PHOTOGRAPHING, BROADCASTING, AND TELEVISING IN COURTROOM AND ENVIRONS ........... 45

HABEAS CORPUS AND PROCEEDINGS IN FORMA PAUPERIS................................................................. 46

REVIEW OF ORDERS AS TO ADMISSION, SUSPENSION, OR EXCLUSION OF PRACTITIONERS
BEFORE THE UNITED STATES PATENT AND TRADEMARK OFFICE ..................................................... 47

SETTLEMENT AND ALTERNATIVE DISPUTE RESOLUTION .................................................................... 48
LOCAL CRIMINAL RULES

LOCAL CRIMINAL RULE 1
SCOPE OF RULES .............................................................................................................................................. 49
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UNITED STATES MAGISTRATE JUDGES – DUTIES .................................................................................... 50

GRAND JURY ..................................................................................................................................................... 51

CRIMINAL CASES – MOTIONS........................................................................................................................ 52
LOCAL CRIMINAL RULE 12.4

FINANCIAL DISCLOSURE................................................................................................................................ 53

SUBPOENAS ....................................................................................................................................................... 54

AREA AND DIVISIONS ..................................................................................................................................... 55

TRIAL JURORS ................................................................................................................................................... 56

PROPOSED JURY INSTRUCTIONS AND VOIR DIRE ................................................................................... 57

SALES AND DISTRIBUTION OF PROCEEDS OF SALES .............................................................................. 58

SURETIES – SECURITY – BONDSMAN .......................................................................................................... 59

PLEADINGS – MOTIONS – CONTINUANCES – ORDERS ............................................................................ 61

DESIGNATION AND HANDLING OF DOCUMENTS UNDER SEAL ........................................................... 63

PHOTOGRAPHING, BROADCASTING, AND TELEVISING IN COURTROOM AND ENVIRONS .... Error!
Bookmark not defined.

EXHIBITS ............................................................................................................................................................ 66

FREE PRESS – FAIR TRIAL DIRECTIVES ...................................................................................................... 67

PAYMENT OF FEES ........................................................................................................................................... 70
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OFFICIAL COURT REPORTERS TRANSCRIPTS –HEARING ON TRANSCRIPTS – RECORD ON
APPEAL ............................................................................................................................................................... 71

ATTORNEYS AND PRO SE PARTIES .............................................................................................................. 72

COLLATERAL PAYMENTS .............................................................................................................................. 76
LOCAL ADMIRALTY RULES

LOCAL ADMIRALTY RULE (a)
AUTHORITY AND SCOPE ................................................................................................................................ 77
LOCAL ADMIRALTY RULE (b)

IN PERSONAM ACTIONS: ATTACHMENT AND GARNISHMENT ............................................................. 78
LOCAL ADMIRALTY RULE (c)

ACTIONS IN REM: SPECIAL PROVISIONS .................................................................................................... 79
LOCAL ADMIRALTY RULE (d)

POSSESSORY, PETITORY AND PARTITION ACTIONS ............................................................................... 82
LOCAL ADMIRALTY RULE (e)

ACTIONS IN REM AND QUASI IN REM: GENERAL PROVISIONS ............................................................ 83
LOCAL ADMIRALTY RULE (f)

LIMITATION OF LIABILITY ............................................................................................................................ 88
APPENDIX
APPENDIX A
PLAN FOR THIRD YEAR PRACTICE RULE ................................................................................................... 89
APPENDIX B
FEDERAL RULES OF DISCIPLINARY ENFORCEMENT .............................................................................. 92
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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.
Effective March 26, 2007, all documents filed with the Court must be filed through the Electronic Case
Filing System, except as provided otherwise in the Court’s Electronic Case Filing Policies and
Procedures manual (“manual”) which is promulgated and revised by the Clerk. The manual governs if
there is a conflict between it and these Local Rules as to the technicalities of electronic case filing. These
Local Rules govern where the manual provides for filing paper documents, and in all other matters not
involving electronic case filing.
(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.
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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 Alexandria,
Newport News, Norfolk, and Richmond Divisions; the place for holding Court for each of said divisions
shall be the city whose name the division bears, and the territory comprising, and embraced in, each of the
said divisions shall be as follows:
(1) The Alexandria Division shall consist of the City of Alexandria and the Counties of Loudoun,
Fairfax, Fauquier, Arlington, Prince William, and Stafford and any other city or town
geographically within the exterior boundaries of said counties.
(2) The Newport News Division shall consist of the Cities of Newport News, Hampton and
Williamsburg, and the Counties of York, James City, Gloucester, Mathews, and any other city or
town geographically within the exterior boundaries of said counties.
(3) The Norfolk Division shall consist of the Cities of Norfolk, Portsmouth, Suffolk, Franklin,
Virginia Beach, Chesapeake, and Cape Charles, and the Counties of Accomack, Northampton,
Isle of Wight, Southampton, and any other city or town geographically within the exterior
boundaries of said counties.
(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
(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."
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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, deemed "filed" for all purposes,
and forwarded to the division where venue lies for further proceedings.
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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 ninety (90) 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 United States, its officers, corporations, or agencies are served by mail pursuant to Fed. R. Civ.
P. 4(i)(1)(A), service shall be effective on the date of the postmark or on the date received if there is no
postmark or it is illegible. The United States Attorney shall file a certificate reporting the postmark and
receipt dates.
(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.
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LOCAL CIVIL RULE 5
REQUESTS TO FILE DOCUMENTS UNDER SEAL

AND THE HANDLING OF DOCUMENTS UNDER SEAL
(A) Unless otherwise provided by law, Court rule, or prior order of the Court, no document or portion of
a document may be filed under seal unless the filer has complied with the procedures set forth herein.
(B) As Provided by Law: A party filing a document or a portion of a document 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 being
filed under seal pursuant to a statute, rule, or order. Other than in cases filed under seal pursuant to the
False Claims Act, 31 U.S.C. § 3730(b), at the time of the filing, the filer shall also file a notice available
to the public stating that a filing has been made under seal and identifying the statute, rule, or order
authorizing the filing under seal and describing what information is being filed under seal. If the Court
determines that the cited statute, rule, or order does not provide for the filing under seal, the Court may
order that the document or a portion of it be filed in the public record.
(C) Motions to File Under Seal: Motions to file documents under seal are disfavored and discouraged.
Agreement of the parties that a document or other material should be filed under seal or the designation of
a document or other material as confidential during discovery is not, by itself, sufficient justification for
allowing a document or other material to be filed under seal. Anyone seeking to file a document or other
material under seal must make a good faith effort to redact or seal only as much as necessary to protect
legitimate interests. Blanket sealing of entire briefs, documents, or other papers is rarely appropriate.
A document or a portion of a document not covered by section (B) may be filed under seal only if a
motion to file under seal pursuant to this section is filed contemporaneously with the material for which
sealing is requested. Failure to file a timely motion to seal may result in the document being placed in the
public record. The document or portion of a document that is the subject of a motion to seal and any
confidential memorandum submitted therewith will be treated as sealed pending a determination by the
Court on the motion to seal. Where sealing is sought for less than an entire document or filing, an
unsealed, redacted version of the document or filing shall be filed in the public record.
Failure to file a timely motion to seal may result in the document being placed in the public record.
The motion to file under seal shall be accompanied by a non-confidential supporting memorandum, a
separate non-confidential notice that specifically identifies the motion as a sealing motion, and a non-
confidential proposed order. The proposed order shall recite the findings required by governing case law
to support the proposed sealing. The non-confidential memorandum shall include:
(1) A non-confidential description of what material has been filed under seal;
(2) A statement why sealing is necessary, and why another procedure will not suffice, as well as
appropriate evidentiary support for the sealing request;
(3) References to the governing case law, an analysis of the appropriate standard to be applied
for that specific filing, and a description of how that standard has been satisfied;
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(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 how the matter is to be handled upon unsealing.
A confidential memorandum may also be submitted.
When a party moves to file material under seal because another party has designated that material as
confidential, the party designating the material as confidential must file a response to the motion
complying with requirements (2), (3), and (4) above along with a proposed order.
The notice shall be identified as a notice of filing a motion to seal and it shall inform the parties and non-
parties that they may submit memoranda in support of or in opposition to the motion within seven (7)
days after the filing of the motion to seal, and that they may designate all or part of such memoranda as
confidential. Any information designated as confidential in a supporting or opposing memorandum will
be treated as sealed pending a determination by the Court on the motion to seal. The notice shall also
state that any person objecting to the motion must file an objection with the Clerk within seven (7) days
after the filing of the motion to seal and that if no objection is filed in a timely manner, the Court may
treat the motion as uncontested.
After the seven (7) day time period for filing a response or any objection to the motion to seal and any
further briefing ordered by the Court, the Court will determine whether the material should remain under
seal. The Court may require the filer or the person designating material as confidential to present further
argument why certain material should remain under seal. If the Court determines that the appropriate
standards for filing material under seal have not been satisfied, it may order that the material be filed in
the public record.
(D) Whenever a party files a document under seal, the filer must deliver a paper copy of all pleadings and
documents relating to the motion to seal to the presiding District Judge or Magistrate Judge for review.
When the proceedings are concluded, the Court will either destroy the paper copies containing the
confidential material or direct counsel to retrieve them.
(E) Any document that is delivered to the Clerk’s Office or to a judge’s chambers that contains
information that is the subject of an existing sealing order or is the subject of a motion to seal, shall be
securely sealed with the container clearly labeled “UNDER SEAL.” The case number, case caption, a
reference to any statute, rule, order, or motion relating to the filing, the corresponding ECF docket
number of the sealed material, 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 (B) or (C), as applicable.
(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.
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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:
(1) Redaction of personal identifiers is governed by Fed.R.Civ.P. 5.2 unless the Court directs
otherwise. In all actions for benefits under the Social Security Act, the government shall file the
administrative record under seal in paper form, the Court having found that such administrative
records are by nature confidential and that applicants’ privacy interests outweigh any public
interest in disclosure; but this provision does not preclude a motion to unseal in any such action.
(2) The responsibility for redacting personal identifiers rests solely with counsel and the parties.
The Clerk will not review each pleading for compliance with this Local Rule. Counsel and the
parties are cautioned that failure to redact these personal identifiers may subject them to
sanctions.
(D) Use of Forms: Abrogated.
(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. The hearing date of motions for summary judgment is also governed by Local
Civil Rule 56.
(F) Briefs Required:
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(1) All motions, unless otherwise directed by the Court and except as noted
herein below in subsection 7(F)(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 response brief and such supporting documents as are
appropriate, within fourteen (14) calendar days after service and the moving party may file a
reply brief within six (6) calendar days after the service of the opposing party's response brief.
The fourteen (14) and six (6) calendar day periods for response and reply briefs shall apply
without regard to, and are not expanded by, the mode of service used for those briefs,
notwithstanding the provisions of Fed. R. Civ. P. 6(d). No further briefs or written
communications may be filed without first obtaining leave of Court.
(2) Unless the court directs otherwise, 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.
(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: 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.
(J) Determination of Motions Without Oral Hearing: In accordance with Fed. R. Civ. P. 78,
the Court may rule upon motions without an oral hearing.
(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:
(1) The pro se party is entitled to file a response opposing the motion and that any such
response must be filed within twenty-one (21) days of the date on which the dispositive or
partially dispositive motion is filed; and
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(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.
(L) Court Orders – Objections Noted: Whenever counsel shall endorse an order and note
with such endorsement any objection to the order, unless the grounds of such objection have
been previously stated in the record, or unless the grounds are set forth in writing at the time
and as a part of the endorsement, or a request made to the Court for a hearing, it will be
assumed the objection is without effect and waived.
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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 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 United States or this Court.
(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.
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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 sixty (60) days from first appearance or ninety (90) 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.
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LOCAL CIVIL RULE 26
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).
(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.
(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; or, in a case removed or
transferred to this Court after discovery was served, within fifteen (15) days after the date of removal or
transfer. 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,
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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.
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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
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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.
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LOCAL CIVIL RULE 37
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
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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).
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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-one (21) days after such party is
served with process or summons.
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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)(4). 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
25
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.
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LOCAL CIVIL RULE 47
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 acting pro 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.
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LOCAL CIVIL RULE 51
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
file proposed instructions and voir dire questions at least seven (7) 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 parties shall file two versions of the proposed jury instructions with one set
containing at its foot a citation of the authority in support of the instruction and the second set without the
citation of authority. Each set of instructions shall be filed as a group together with a cover sheet in
pleading form. 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.
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LOCAL CIVIL RULE 54
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 fourteen (14) 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. An 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 file an opposition to
the bill of costs within fourteen (14) calendar days after service of the bill of costs. The
opposition shall identify each item objected to and the grounds for the objection. Within six (6)
calendar days thereafter, the prevailing party may file responses to the objections. The fourteen
(14) and six (6) calendar day periods for objections and reply briefs shall apply without regard to,
and are not expanded by, the mode of service used for those briefs, notwithstanding the
provisions of Fed. R. Civ. P. 6(d).
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
29
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.
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LOCAL CIVIL RULE 56
SUMMARY JUDGMENT
(A) Summary Judgment – Time of Filing: The time provisions of Fed. R. Civ. P. 56(b) shall not apply
in this District. 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.
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LOCAL CIVIL RULE 62
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 an appeal bond or other
undertaking which includes security for the payment of costs on appeal.
(B) Alternate to Appeal Bond: In lieu of any appeal 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 on the condition 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.
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LOCAL CIVIL RULE 65
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 Commonwealth of Virginia,
and residing within the boundaries of the Eastern District of Virginia.
(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 Virginia to act
as a professional bondsman and, if so, where and whether such person has qualified in any of the
Courts of Virginia to so act.
(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.
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(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.
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LOCAL CIVIL RULE 67
DEPOSIT, WITHDRAWAL AND INVESTMENT OF FUNDS IN THE

COURT REGISTRY INVESTMENT SYSTEM
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, and such
draft order shall comply with the requirements contained in the Court’s Order Regarding Deposit and
Investment of Registry Funds that is posted in the Standing Order section of the Court’s public website
(www.vaed.uscourts.gov). 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 a proposed order for withdrawal of funds held in the Court Registry Investment System
(CRIS), and such proposed order shall contain the names, addresses, and last four digits of the social
security or full employer identification numbers of the recipients of the funds.
35
LOCAL CIVIL RULE 71A
LAND CONDEMNATION ACTIONS
The guidelines for filing, docketing, recording, and reporting land condemnation proceedings approved
by the Judicial Conference of the United States at its March 1975 session are approved for use in this
jurisdiction and are hereby adopted. The Clerk is directed to implement these guidelines and is
authorized, where the United States files separate condemnation actions and a single declaration of taking
relating to those separate actions, to establish a master file in which the declaration of taking may be filed.
The filing of the declaration of taking therein shall constitute a filing of the same in each of the actions to
which it relates.
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LOCAL CIVIL RULE 72
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 United States magistrate judges
by the United States Code and any rule governing proceedings in this Court.
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.
Any objection to a magistrate judge’s order on a nondispositive matter pursuant to Fed. R. Civ. P. 72(a)
shall be considered a motion and is subject to the briefing and notice requirements on Local Civil Rule 7,
or as otherwise ordered by the Court.
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LOCAL CIVIL RULE 79
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.
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LOCAL CIVIL RULE 80
TRANSCRIPTS – RECORD ON APPEAL
(A) 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 United States, if adopted by this Court. The schedule of maximum fees
which may be charged is posted in the Clerk's Office.
(B) Release of Transcript: The filing, viewing, and purchasing of transcripts of proceedings is governed
by the Court’s Electronic Case Filing Policies and Procedures manual.
(C) Obligation to Pay Court Reporter: The obligation to pay the court reporter for any and all
transcripts shall be the joint and several personal obligation of the attorney, and the party for whose
benefit the transcript was obtained, when the order is placed, to the extent so ordered. Any charges for a
transcript shall be payable upon the completion of the transcript or any segment thereof, when a proper
bill for same has been submitted by the court reporter. If proper charges for transcripts are not paid
within a reasonable time after submission, the court reporter may refer the matter to a district judge for
such action as may be deemed appropriate.
(D) 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.
(E) 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) days before the hearing or trial to be transcribed.
39
ATTORNEYS AND PRO SE PARTIES
(A) Eligibility: Any person who is an Active Member of the Virginia State Bar in good standing 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 Virginia shall set forth his or her Virginia State Bar I.D. Number on any
initial pleading filed by such person.
(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 United
States attorneys, or employed by any other federal agency, are not required to pay the admission fee if
they are appearing on behalf of the United States.
(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 District of Columbia shall be
accompanied by a member of the bar of this Court in all appearances before this Court.
40
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 for pro 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 United
States attorneys, or employed by any other federal agency, are not required to pay the admission
fee if they are appearing on behalf of the United States. If the Court finds the application
otherwise appropriate, upon payment of the required fee, the Court may order the pro hac vice
admission of the applicant. Revenues from pro hac vice admission fees shall be deposited in the
Court’s non-appropriated funds account and disbursed by order of the chief judge of the district
for such improvements to the Court’s administration of justice as the chief judge finds
appropriate.
(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
who is an Active Member of the Virginia State Bar in good standing 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
41
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 Section II of Part Six of the Rules of the Virginia Supreme Court as it may be amended or
superceded from time to time.
(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. For purposes of this rule,
“any other court of the United States,” as that phrase is used in Rules II and III of the Federal Rules of
Disciplinary Enforcement set forth at Appendix B, includes the United States Bankruptcy Court for the
Eastern District of Virginia.
(M) Ghostwriting:
(1) Any attorney who prepares any document that is to be filed in this Court by a person who is
known by the attorney, or who is reasonably expected by the attorney, to be proceeding pro se,
shall be considered to have entered an appearance in the proceeding in which such document is
filed and shall be subject to all rules that govern attorneys who have formally appeared in the
proceeding.
(2) All litigants who are proceeding pro se shall certify in writing and under penalty of perjury
that a document(s) filed with the Court has not been prepared by, or with the aid of, an attorney or
shall identify any attorney who has prepared, or assisted in preparing, the document.
42
Each document filed with the court by a pro se litigant shall bear the following certification:
CERTIFICATION
I declare under penalty of perjury that:
(1) No attorney has prepared, or assisted in the preparation of this document.
________________________________
Name of Pro Se Party (Print or Type)
________________________________
Signature of Pro Se Party
Executed on: _____________________ (Date)
OR
(2) ________________________________
(Name of Attorney)
________________________________
(Address of Attorney)
________________________________
(Telephone Number of Attorney)
Prepared, or assisted in the preparation of, this document.
________________________________
(Name of Pro Se Party (Print or Type)
________________________________
Executed on: _____________________ (Date)
43
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 Sale Proceeds: The proceeds of all sales by the Marshal shall be forthwith paid into the
registry of the Court to be disposed of according to law.
(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.
44
PHOTOGRAPHING, RECORDING, BROADCASTING,

OR TRANSMITTING IN THE COURTHOUSE
(A) General: The taking of photographs and operation of any recording technology (other than by an
official court reporter or employee of the court) in the courthouse, and any broadcasting or transmitting in
any manner from the courthouse during 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 preservation of a record; and (2) the photographing, recording, broadcasting, or
transmitting of investitive, ceremonial, or naturalization proceedings.
(B) Permitted Photography: The taking of photographs within the courthouse, not otherwise in
connection with a judicial proceeding, is permitted when properly authorized by a supervisory courthouse
employee and with the consent of the person or persons to be photographed.
(C) Remote Participation: Any person remotely participating in any court proceeding may not record or
cause to be recorded any such proceeding without the express consent of the presiding judge.
45
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 Virginia.
46
REVIEW OF ORDERS AS TO ADMISSION, SUSPENSION, OR EXCLUSION OF

PRACTITIONERS BEFORE THE UNITED STATES PATENT AND TRADEMARK OFFICE
A person refused recognition to practice or suspended or excluded from practice before the United States
Patent and Trademark Office (“USPTO”) may seek judicial review of such action by filing in the
Alexandria Division of this Court a petition against the Under Secretary of Commerce of Intellectual
Property and Director of the USPTO (“Director”) within 30 days after the date of the order recording the
Director’s action. Service of the petition shall be effected in accordance with Fed. R. Civ. P. 4(i)(2).
Within 60 days after service of the summons and petition on the U.S. Attorney, the Director shall respond
to the petition and file a certified copy of the record and proceedings before the USPTO, which shall
constitute the sole basis for the Court’s review. The Court may, in its discretion, require briefing and
argument prior to making a decision on the petition.
47
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. 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.
(C) All district judges, magistrate judges, and bankruptcy judges are authorized to act as mediators or
neutrals.
(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 program.
(G) 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.
48
LOCAL CRIMINAL RULES
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.
49
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 United States magistrate judges
by the United States Code and any rule governing proceedings in this Court.
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.
50
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.
51
CRIMINAL CASES – MOTIONS
(A) General: Counsel for the parties shall confer concerning pretrial disclosure, as required by Rule
16.1(a) of the Federal Rules of Criminal Procedure, before arraignment. Within fourteen (14) calendar
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 fourteen (14) calendar 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.
52
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 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), (b), and
(2).
(2) Organizational Victim. Unless the government shows good cause, it must file a statement
identifying any organizational victim of the alleged criminal activity. If the organizational victim
is an entity described in Local Criminal Rule 12.4(A), the statement must also disclose the
information required by Local Criminal Rule 12.4(A) to the extent it can be obtained through due
diligence.
(3) file a later statement containing such additional information as may be from time to time
required by the Judicial Conference of the United States or this Court.
(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
later 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.
53
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, before 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.
54
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 Alexandria,
Newport News, Norfolk, and Richmond Divisions; the place for holding Court for each of said divisions
shall be the city whose name the division bears, and the territory comprising, and embraced in, each of the
said divisions shall be as follows:
(1) The Alexandria Division shall consist of the City of Alexandria and the Counties of Loudoun,
Fairfax, Fauquier, Arlington, Prince William, and Stafford and any other city or town
geographically within the exterior boundaries of said counties.
(2) The Newport News Division shall consist of the Cities of Newport News, Hampton and
Williamsburg, and the Counties of York, James City, Gloucester, Mathews, and any other city or
town geographically within the exterior boundaries of said counties.
(3) The Norfolk Division shall consist of the Cities of Norfolk, Portsmouth, Suffolk, Franklin,
Virginia Beach, Chesapeake, and Cape Charles, and the Counties of Accomack, Northampton,
Isle of Wight, Southampton, and any other city or town geographically within the exterior
(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
(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.
55
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 acting pro 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.
(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.
56
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
file proposed instructions and voir dire questions at least seven (7) 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 parties shall file two versions of the proposed jury instructions with one
set containing at its foot a citation of the authority in support of the instruction and the second set without
the citation of authority. Each set of instructions shall be filed as a group together with a cover sheet in
pleading form. 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.
57
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 Sale Proceeds: The proceeds of all sales by the Marshal shall be forthwith paid into the
registry of the Court to be disposed of according to law.
(E) Distributions: All distributions of the proceeds of any sale shall be by order of the Court.
58
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 Commonwealth of Virginia,
and residing within the boundaries of the Eastern District of Virginia.
(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 Virginia to act
as a professional bondsman and, if so, where and whether such person has qualified in any of the
Courts of Virginia to so act.
(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
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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.
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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) Redaction of personal identifiers is governed by Fed.R.Crim.P. 49.1 unless the Court directs
otherwise.
(2) The responsibility for redacting personal identifiers rests solely with counsel and the parties.
The Clerk will not review each pleading for compliance with this Local Rule. Counsel and the
parties are cautioned that failure to redact these personal identifiers may subject them to
sanctions.
(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 herein below in Local
Criminal Rule 47(F)(2), shall be accompanied by a written brief setting forth a concise statement
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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 response
brief and such supporting documents as are appropriate, within fourteen (14) calendar days after
service and the moving party may file a reply brief within six (6) calendar days after the service
of the opposing party's response brief. The fourteen (14) and six (6) calendar day periods for
response and reply briefs shall apply without regard to, and are not expanded by, the mode of
service used for those briefs, notwithstanding the provisions of Fed. R. Crim. P. 45(c). 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.
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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.
Search warrants and related papers are kept under seal until returned executed, unless an order to seal is
entered on a motion of the government to extend the seal.
Any document sealed and later moved to be unsealed that contains personal identifiers under the E-
Government Act of 2002 requires redactions. Counsel must e-file redacted versions.
(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.
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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.
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PHOTOGRAPHING, RECORDING, BROADCASTING,

OR TRANSMITTING IN THE COURTHOUSE
(A) General: The taking of photographs and operation of any recording technology (other than by an
official court reporter or employee of the court) in the courthouse, and any broadcasting or transmitting in
any manner from the courthouse during 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 preservation of a record; and (2) the photographing, recording, broadcasting, or
transmitting of investitive, ceremonial, or naturalization proceedings.
(B) Permitted Photography: The taking of photographs within the courthouse, not otherwise in
connection with a judicial proceeding, is permitted when properly authorized by a supervisory courthouse
employee and with the consent of the person or persons to be photographed.
(C) Remote Participation: Any person remotely participating in any court proceeding may not record or
cause to be recorded any such proceeding without the express consent of the presiding judge.
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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.
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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.
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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
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(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.
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PAYMENT OF FEES
All fees due the Clerk shall be paid in advance except as otherwise provided by law.
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OFFICIAL COURT REPORTERS TRANSCRIPTS –

HEARING ON TRANSCRIPTS – RECORD ON APPEAL
(A) 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 United States, if adopted by this Court. The schedule of maximum fees which may be
charged is posted in the Clerk's Office.
(B) Release of Transcript: The filing, viewing, and purchasing of transcripts of proceedings is governed
by the Court’s Electronic Case Filing Policies and Procedures manual.
(C) Obligation to Pay Court Reporter: The obligation to pay the court reporter for any and all
transcripts shall be the joint and several personal obligation of the attorney, and the party for whose
benefit the transcript was obtained, when the order is placed, to the extent so ordered. Any charges for a
transcript shall be payable upon the completion of the transcript or any segment thereof, when a proper
bill for same has been submitted by the court reporter. If proper charges for transcripts are not paid
within a reasonable time after submission, the court reporter may refer the matter to a district judge for
such action as may be deemed appropriate.
(D) 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-one (21) 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.
(E) 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.
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ATTORNEYS AND PRO SE PARTIES
(A) Eligibility: Any person who is an Active Member of the Virginia State Bar in good standing 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 Virginia shall set forth his or her Virginia State Bar I.D. Number on any
initial pleading filed by such person.
(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 United
States attorneys, or employed by any other federal agency, are not required to pay the admission fee if
they are appearing on behalf of the United States.
(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 District of Columbia shall be
accompanied by a member of the bar of this Court in all appearances before this Court.
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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 for pro 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 United
States attorneys, or employed by any other federal agency, are not required to pay the admission
fee if they are appearing on behalf of the United States. If the Court finds the application
otherwise appropriate, upon payment of the required fee, the Court may order the pro hac vice
admission of the applicant. Revenues from pro hac vice admission fees shall be deposited in the
Court’s non-appropriated funds account and disbursed by order of the chief judge of the district
for such improvements to the Court’s administration of justice as the chief judge finds
appropriate.
(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 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.
(E) Western District of Virginia: Any attorney admitted to practice in the Western District of Virginia
who is an Active Member of the Virginia State Bar in good standing 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
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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 57.1), the ethical standards relating to the practice of law in
criminal cases in this Court shall be Section II of Part Six of the Rules of the Virginia Supreme Court as it
may be amended or superceded from time to time.
(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. For purposes of this rule,
“any other court of the United States,” as that phrase is used in Rules II and III of the Federal Rules of
Disciplinary Enforcement set forth at Appendix B, includes the United States Bankruptcy Court for the
Eastern District of Virginia.
(M) Ghostwriting:
(1) Any attorney who prepares any document that is to be filed in this Court by a person who is
known by the attorney, or who is reasonably expected by the attorney, to be proceeding pro se,
shall be considered to have entered an appearance in the proceeding in which such document is
filed and shall be subject to all rules that govern attorneys who have formally appeared in the
proceeding.
(2) All litigants who are proceeding pro se shall certify in writing and under penalty of perjury
that a document(s) filed with the Court has not been prepared by, or with the aid of, an attorney or
shall identify any attorney who has prepared, or assisted in preparing, the document.
Each document filed with the court by a pro se litigant shall bear the following certification:
CERTIFICATION
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I declare under penalty of perjury that:
(1) No attorney has prepared, or assisted in the preparation of this document.
________________________________
Name of Pro Se Party (Print or Type)
________________________________
Executed on: _____________________ (Date)
OR
(2) ________________________________
(Name of Attorney)
________________________________
(Address of Attorney)
________________________________
(Telephone Number of Attorney)
Prepared, or assisted in the preparation of, this document.
________________________________
(Name of Pro Se Party (Print or Type)
________________________________
Executed on: _____________________ (Date)
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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.
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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.
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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.
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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 twenty-one (21) 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 twenty-one (21) 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
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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 twenty-one (21) 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 United
States, plaintiff must obtain a current Certificate of Ownership or General Index
or Abstract of Title from the United States Coast Guard and give notice to the
persons named therein claiming a current interest in or lien against the defendant
vessel.
(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
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(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.
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LOCAL ADMIRALTY RULE (d)
POSSESSORY, PETITORY AND PARTITION ACTIONS
There is no Local Admiralty Rule (d).
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LOCAL ADMIRALTY RULE (e)
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
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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.
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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
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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) Sale of Property Not Subject to Admiralty – Rule E (9)(b) Interlocutory Sales.
(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) Sale and Report. All sales shall be made by the United States Marshal or his authorized
deputy Marshal in the name of the Marshal or by other person or organization authorized
to execute the warrant or by any other person assigned by the Court. All sales are subject
to confirmation by the Court. The Marshal may, without leave of Court, decline to knock
down a vessel or other property to the highest bidder when the highest bid is, in his or her
opinion, grossly inadequate. On the day of the sale, the Marshal shall file his report with
the Clerk giving all pertinent information, including the fact of the sale, the date, the price
obtained and how paid or to be paid, and the name and address of the successful bidder.
(c) Objection to Sale. An interested person may object to the sale by filing a written
objection with the Clerk within two Court days following the sale, serving the objection
on all parties of record, the successful bidder, and the Marshal. The Marshal is
authorized to demand and receive from the objecting party a sum sufficient to pay the
expense of keeping the property for at least seven days. The written objection must be
endorsed by the Marshal prior to filing with the Clerk, as evidence of the
acknowledgment of receipt of the deposit of the required expense funds.
(d) Confirmation of the Sale Without Motion. A sale shall stand confirmed as of course
without any action by the Court unless (1) written objection is filed with the Court within
the time allowed under these rules, or (2) the purchaser is in default for failure to pay the
balance due to the Marshal. The purchaser in a sale so confirmed as of course shall
present a form of order reflecting the confirmation of the sale for entry by the Clerk on
the fourth Court day following the sale or after the balance of sale funds have been paid,
whichever last occurs. The Marshal shall transfer title to the purchaser upon presentation
of such order signed by the Clerk.
(e) Confirmation of the Sale Upon Motion. If an objection has been filed or if the successful
bidder is in default, the Marshal, the objector, the successful bidder, or a party, may move
the Court for relief. The motion will be heard summarily by a judicial officer. The
person seeking the hearing on such a motion shall apply to the Court for an order fixing
the date and time of the hearing and directing the manner of giving notice and shall give
written notice of the motion to the Marshal, all parties, the successful bidder, and the
objector. The Court may confirm the sale, order a new sale, or grant such other relief as
justice requires. Notice of any hearing on such motion may be informal and, if approved
by the Court, by telephone. The parties are expected to be prepared to go forward with
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any hearing so ordered.
(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.
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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).
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APPENDIX
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
89
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
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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.
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APPENDIX B
FEDERAL RULES OF DISCIPLINARY ENFORCEMENT
FRDE RULE I
ATTORNEYS CONVICTED OF CRIMES
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
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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 United States or the District of Columbia, or by a Court of any
state, territory, commonwealth or possession of the United States, promptly inform the Clerk of
this Court of such action.
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
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in the Court of the United States.
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
94
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.
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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
96
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.
97
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 United States code or under Rule 42 of the Federal Rules of Criminal Procedure.
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.
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LOCAL RULES

UNITED STATES DISTRICT COURT

Effective December 1, 2020

LOCAL CIVIL RULES

LOCAL CIVIL RULE 3

LOCAL CIVIL RULE 4

LOCAL CIVIL RULE 5

LOCAL CIVIL RULE 7

LOCAL CIVIL RULE 7.1

LOCAL CIVIL RULE 16

LOCAL CIVIL RULE 26

LOCAL CIVIL RULE 30

LOCAL CIVIL RULE 37

LOCAL CIVIL RULE 38

LOCAL CIVIL RULE 45

LOCAL CIVIL RULE 47

LOCAL CIVIL RULE 51

LOCAL CIVIL RULE 54

LOCAL CIVIL RULE 62

LOCAL CIVIL RULE 65

LOCAL CIVIL RULE 67

LOCAL CIVIL RULE 71A

LOCAL CIVIL RULE 72

LOCAL CIVIL RULE 79

LOCAL CIVIL RULE 80

LOCAL CIVIL RULE 83.1

LOCAL CIVIL RULE 83.2

LOCAL CIVIL RULE 83.3

LOCAL CIVIL RULE 83.4

LOCAL CIVIL RULE 83.5

LOCAL CIVIL RULE 83.6

LOCAL CRIMINAL RULES

LOCAL CRIMINAL RULE 6

LOCAL CRIMINAL RULE 12

LOCAL CRIMINAL RULE 12.4

LOCAL CRIMINAL RULE 17

LOCAL CRIMINAL RULE 18

LOCAL CRIMINAL RULE 24

LOCAL CRIMINAL RULE 30

LOCAL CRIMINAL RULE 32.2

LOCAL CRIMINAL RULE 46

LOCAL CRIMINAL RULE 47

LOCAL CRIMINAL RULE 49

LOCAL CRIMINAL RULE 53

LOCAL CRIMINAL RULE 55

LOCAL CRIMINAL RULE 57.1

LOCAL CRIMINAL RULE 57.2

LOCAL CRIMINAL RULE 57.3

LOCAL CRIMINAL RULE 57.4

LOCAL CRIMINAL RULE 58

LOCAL ADMIRALTY RULES

LOCAL ADMIRALTY RULE (b)

LOCAL ADMIRALTY RULE (c)

LOCAL ADMIRALTY RULE (d)

LOCAL ADMIRALTY RULE (e)

LOCAL ADMIRALTY RULE (f)

AREA AND DIVISIONS

SERVICE AND RETURN OF SUMMONS – ABATEMENT

REQUESTS TO FILE DOCUMENTS UNDER SEAL