Western District rules changes offered

Comments are being sought on proposed rules changes for the federal courts of the Western District, including a provision for party requesting attorneys’ fees to have the last word.

The Local Rules Committee for the U.S. District Court for the Western District of Virginia proposes two minor amendments to be made to the Local Rules.  The first proposed amendment changes Rule 6(d) to allow attorneys licensed to practice in any Article III court to appear as pro hac vice attorneys in the Western District.

The second proposed amendment would change Rule 54(c) to add a seven-day period in which to file a reply brief in a proceeding for attorneys’ fees.

The proposed new language to Rule 6(d) is underlined below:

(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.

The amendment to Rule 54 (a) is underlined below:

(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 the proposed amendments should be sent to [email protected] by Jan. 31.