4.10 Practical Considerations for Motions Practice

LibraryFederal Civil Practice in Virginia (Virginia CLE) (2023 Ed.)

4.10 PRACTICAL CONSIDERATIONS FOR MOTIONS PRACTICE

4.1001 Eastern District of Virginia.

A. Content of Motions.

All motions must state with particularity the grounds therefor and must set forth the relief or order sought. 1319 All motions must include the attorney's office address and telephone number. 1320

In the Alexandria division, motions should be accompanied by a consent order, waiver of oral argument, or a notice of hearing setting the motions for a Friday motions docket.

Agreed or consent orders for unopposed motions, extensions of time, dismissal of parties or cases, and the like must contain the original signature of an admitted attorney for each party who has entered an appearance.

B. Good Faith Requirement.

Before securing an appointment for a hearing on any motion, counsel desiring the hearing must meet and confer in person or by telephone with opposing counsel in a good faith effort to narrow the area of disagreement. 1321

No motion concerning discovery matters may be filed until counsel shall have conferred in person or by telephone to explore the possibility of resolving the discovery matter in controversy. The court will not consider a discovery motion unless the motion is accompanied by a statement of counsel that a good faith effort has been made to resolve the discovery matters at issue. 1322

C. Briefing.

Briefs are not required for motions (i) for a more definite statement; (ii) for an extension of time to respond to pleadings, unless the time has already expired; and (iii) for a default judgment. 1323

All other motions require a brief setting forth a concise statement of the facts and supporting reasons, along with a citation of the authorities upon which the movant relies. 1324

Briefing for summary judgment is governed by Local Civil Rule 56(B). 1325 Each material fact should be set forth in single sentences as numbered paragraphs. The opposition should use the same numbered paragraphs in its response to each fact.

Unless leave is granted for good cause shown in advance of filing, opening and responsive briefs, exclusive of affidavits and supporting documentation, may not exceed thirty pages. Rebuttal briefs may not exceed twenty pages. All briefs and footnotes shall be in 12-point Roman style or 10-pitch Courier style with one-inch margins. Briefs must be double-spaced and on 8½-inch by 11-inch paper. 1326

Responsive briefs are due within 14 days after service of the movant's brief, and the movant may file a rebuttal brief within six days after service of the opposition. 1327 In the Alexandria division, nondispositive motions can be filed and served on the Friday before the Friday for which it is noticed for a hearing, and responses are due not later than the Wednesday before the hearing, pursuant to the court's standard scheduling order.

Most judges (and law clerks) appreciate having an extra...

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