Court Rules

Albemarle General District Court, Virginia

Court-Level Rules, Filing Procedures & Policies

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Document Filing Requirements3 rules

Filing Requirements

Persons appearing remotely: More than two participants appearing remotely - Addendum attached

remote hearing · p. 1
|SectionMotion for Remote Virtual Hearing
Filing Requirements

Address Confidential – DC-621 attached or on file

remote hearing · p. 1
|SectionMotion for Remote Virtual Hearing
Filing RequirementsCriminal cases

Any person desiring to enter this program shall file an appropriate motion with the Court and be scheduled for a hearing before this court on such motion. Such motion shall be subject to approval by the Court.

albemarle · Jul 2024 · p. 1
|SectionCommunity service work

Filing & Service rules

Filing Timing and Cure Windows

Submit an interpreter request before court by fax, email, mail, or in person at the stated address.

*Interpreter Request must be submitted prior to court either by fax 434-972-4092, email albemarlegd@vacourts.gov or by mail or in person Albemarle General District 350 Park Street, Charlottesville, VA 22902.

Page 2 | Motion for Remote Virtual Hearing

Service and Proof of Service Rules

The certificate records service of the motion on the opposing party by mail, email, or fax, or explains why there was insufficient time to give notice.

I certify that on _____________, 20____, I (check one) mailed emailed faxed a copy of this motion to: Opposing Party Name: _____________________________________ Address: ________________________________________________ Email: __________________________________Fax Number: ____________________________ OR There was not sufficient time to notify the opposing party or counsel of this remote hearing request because: _________________________________________________________________________________________

Page 2 | Certificate of Service

Filing Fees and Waivers

No down payment is required for an agreement entered within 90 days of the court date; after 90 days, a down payment is required, with the amount based on the account balance.

• If an agreement is entered into before ninety (90) days from the court date a down payment is not required. • If an agreement is entered into after (90) days from the court date a down payments is required as follows: If total account is $500.00 or less = 10% down payment • If total account is greater than $500.00 = 5% or $50.00 down payment (whichever is greater)

Criminal cases

Page 1 | General Guidelines

Whether a payment-plan agreement requires a down payment depends on whether it is entered before or after 90 days from the court date.

If an agreement is entered into before ninety (90) days from the court date a down payment is not required. • If an agreement is entered into after (90) days from the court date a down payments is required as follows:

Criminal cases

Page 1 | General Guidelines

A one-time $10 fee is added to the account for an installment, deferred, or modified payment plan.

• You will be charged a one-time fee of ten dollars ($10.00) to the account for the installment plan, deferred payment plan or modified payment plan.

Criminal cases

Page 1 | General Guidelines

A defendant who completes a payment-plan request and reports Social Security or Supplemental Security as their sole income is not required to pay court costs and fines, and the account is not sent to collections until the court is notified of another income source.

If a Defendant completes a request for a payment plan and indicates that his or her sole source of income is received from Social Security or Supplemental Security, they are not required to pay court cost and fines and their account will not go to collections until the court has been notified that they have another source of income.

Criminal cases

Page 1 | General Guidelines

If a defendant fails to comply with a payment plan, another agreement may be granted only with court approval, and a down payment may be required.

If the Defendant fails to comply with any Payment Plan Agreement, additional Payment Plan Agreements may be granted upon the approval of the court. Please note that in this event a down payment maybe required.

Criminal cases

Page 1 | General Guidelines

An agreement entered before 90 days from the court date does not require a down payment.

If an agreement is entered into before ninety (90) days from the court date a down payment is not required.

Criminal cases

Page 1 | General Guidelines

Adjournment & Extension Requirements

Deputy Clerks grant the first traffic continuance.

Traffic first continuance granted by Deputy Clerks;

Page 1 | Continuance Policy

A subsequent traffic continuance must be requested from a Judge or Clerk.

subsequent continuance granted requested from Judge or Clerk;

Page 1 | Continuance Policy

Misdemeanor, traffic, and criminal continuances must be requested from a Judge or the Commonwealth's Attorney.

Misdemeanors Traffic & Criminal continuances requested from Judge or Commonwealth's Attorney.

Page 1 | Continuance Policy

Chambers Communication Rules

To request a remote virtual hearing, complete the Motion for Remote Virtual Hearing and email it to the court.

If you would like to request a remote virtual hearing, please complete the Motion for Remote Virtual Hearing and forward it to [email protected].

Page 1 | Additional Information

Those requiring a foreign-language or sign-language interpreter should email the court.

If you will require a foreign language or sign language interpreter, please email the court at [email protected]

Page 1 | Additional Information

Common questions about Albemarle General District Court, Virginia rules

What must be included with remote hearing motion filings in Albemarle General District Court, Virginia?

If more than two participants will appear remotely, attach an addendum.

View ruleSource: page 1, section Motion for Remote Virtual Hearing

What must be included with community service motion filings in Albemarle General District Court, Virginia?

A person seeking to discharge fines or costs through community service must file an appropriate motion, attend a hearing scheduled before the court, and obtain court approval.

View ruleSource: page 1, section Community service work

How may parties contact Albemarle General District Court, Virginia?

Those requiring a foreign-language or sign-language interpreter should email the court.

View ruleSource: page 1, section Additional Information

How do I request an adjournment or extension in Albemarle General District Court, Virginia?

Deputy Clerks grant the first traffic continuance.

View ruleSource: page 1, section Continuance Policy

Are filing fees or waivers addressed in Albemarle General District Court, Virginia?

A fee is required for covered filings. A one-time $10 fee is added to the account for an installment, deferred, or modified payment plan.

View ruleSource: page 1, section General Guidelines

What filing deadlines does Albemarle General District Court, Virginia set?

Submit an interpreter request before court by fax, email, mail, or in person at the stated address.

View ruleSource: page 2, section Motion for Remote Virtual Hearing

What rule applies to serving the opposing party in Albemarle General District Court, Virginia?

Details: recipient: the opposing party. The certificate records service of the motion on the opposing party by mail, email, or fax, or explains why there was insufficient time to give notice.

View ruleSource: page 2, section Certificate of Service
Complete rules summary for Albemarle General District Court, Virginia

If more than two participants will appear remotely, attach an addendum.

For a confidential address, DC-621 must be attached or already on file.

Submit an interpreter request before court by fax, email, mail, or in person at the stated address.

The certificate records service of the motion on the opposing party by mail, email, or fax, or explains why there was insufficient time to give notice.

A one-time $10 fee is added to the account for an installment, deferred, or modified payment plan.

No down payment is required for an agreement entered within 90 days of the court date; after 90 days, a down payment is required, with the amount based on the account balance.

Whether a payment-plan agreement requires a down payment depends on whether it is entered before or after 90 days from the court date.

An agreement entered before 90 days from the court date does not require a down payment.

If a defendant fails to comply with a payment plan, another agreement may be granted only with court approval, and a down payment may be required.

A defendant who completes a payment-plan request and reports Social Security or Supplemental Security as their sole income is not required to pay court costs and fines, and the account is not sent to collections until the court is notified of another income source.

A person seeking to discharge fines or costs through community service must file an appropriate motion, attend a hearing scheduled before the court, and obtain court approval.

Those requiring a foreign-language or sign-language interpreter should email the court.

To request a remote virtual hearing, complete the Motion for Remote Virtual Hearing and email it to the court.

Deputy Clerks grant the first traffic continuance.

A subsequent traffic continuance must be requested from a Judge or Clerk.

Misdemeanor, traffic, and criminal continuances must be requested from a Judge or the Commonwealth's Attorney.

More Judges in Albemarle General District Court, Virginia

Claiborne H. Stokes Jr.
Judge
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Theresa W. Carter
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