12.05.2022 New Local Civil Rule 7.1 Requiring Disclosure of Citizenship in Diversity Cases Goes into Effect in the United States District Court for the Eastern District of Virginia
On December 1, 2022 an amended version of Local Civil Rule 7.1 went into effect in the United States District Court for the Eastern District of Virginia, adding a disclosure requirement for citizenship information in diversity cases. The amended rule is substantively similar to newly amended Federal Rule of Civil Procedure 7.1.
Prior to this amendment, Local Civil Rule 7.1 was limited to disclosures of entities with financial interests in the parties. Those disclosures are intended to aid Judges and Magistrate Judges in determining whether disqualification or recusal may be appropriate in a case.
The provisions related to financial disclosures in Local Civil Rule 7.1 are unchanged, but the amendments add a new section (B) that applies in diversity jurisdiction cases and requires that parties or intervenors file a disclosure statement which “name[s] and identif[ies] the citizenship of every individual or entity whose citizenship is attributable to that party or intervenor . . . when the action is filed or removed to federal court.” In addition, the rule requires filing of such a disclosure “when any later event occurs that could affect the Court’s jurisdiction.” Litigants will want to consider any changes in their citizenship that occur during the pendency of a case and, if necessary, file an additional citizenship disclosure statement pursuant to Local Civil Rule 7.1.