Western District of Virginia

The Local Rules Committee has met and discussed two minor amendments to be made to the Local Rules.  The first proposed amendment changes Rule 6(d) to include as pro hac vice attorneys those attorneys who are qualified and licensed to practice in any Article III court.

The second proposed amendment is to Rule 54(c) and adds a seven-day period in which to file a reply brief in a proceeding for attorneys' fees.

Below are the current rules and, in red print, the proposed amendments to the current rules.

Rule 6.  Attorneys
(Current rule)
(d) Pro Hac Vice Admission. Attorneys who are not qualified and licensed to
practice under the laws of Virginia, but who are qualified and licensed to the
practice before the Supreme Court of the United States, or before the highest court
of any state in the United States, or before the courts of the District of Columbia,
may not become members of the bar of this Court, but may appear only in
association with a member of the bar of this Court, upon motion of such member,
and only for the conduct of a case in which he or she is associated and then pending
before this Court.

(Proposed amendment)
(d) Pro Hac Vice Admission. Attorneys who are not qualified and licensed to
practice under the laws of Virginia, but who are qualified and licensed to practice
before the Supreme Court of the United States, or before the highest court of any
state in the United States, or before the courts of the District of Columbia, or any
other Article III federal court, may not become members of the bar of this Court,
but may appear only in association with a member of the bar of this Court, upon
motion of such member, and only for the conduct of a case in which he or she is
associated and then pending before the Court.

Rule 54.  Fees and Costs
(a) Attorneys’ Fees

(Current rule)
(1) Time for Filing. Unless otherwise provided by statute, or in Social Security
cases, or as otherwise ordered by the Court, any motion requesting the
award of attorneys’ fees must be filed no later than 21 days after the entry of
judgment. Any opposition must be filed within 21 days of service of the
motion.

(Proposed amendment)
(1) Time for Filing. Unless otherwise provided by statute, or in Social
Security cases, or as otherwise ordered by the Court, any motion requesting
the award of attorneys’ fees must be filed no later than 21 days after the
entry of judgment. Any opposition must be filed within 21 days of service
of the motion. Any reply must be filed within 7 days of service of the
opposition

Comments regarding these proposed amendments should be sent to public-comment@vawd.uscourts.gov by January 31, 2015.