Amherst County Circuit Court, Virginia
Court-Level Rules, Filing Procedures & Policies
- Rules last changed:
Document Filing Requirements13 rules
All attorneys and pro se litigants shall also, no less than ten (10) days before any trial or evidentiary hearing, file a certification disclosing the use of generative Al in any proposed exhibits, including demonstrative exhibits.
- Document
- Certification
Must include
- •AI disclosure
Materials submitted to the Court that were created or modified using generative AI must include a written disclosure certification at the end or as an attachment.
- Document
- Generative AI materials
Must include
- •AI disclosure
Court's wording
All attorneys and pro se litigants must provide a written disclosure certification at the end of, or attached to, materials drafted, created, enhanced, or modified by generative Al. Attached hereto is a model disclosure for written materials that meets the requirements of this Local Rule. This requirement applies to any filing, pleading, motion, brief, memorandum, sketch order, letter, or other document, including exhibits or attachments to the same, submitted to the Court.
The disclosure certification for an instant filing states that generative AI was used, the filer reviewed the filing for accuracy and compliance, and the certification applies only to that filing.
- Document
- Instant filing
Include
- •AI disclosure
Court's wording
DISCLOSURE ON THE USE OF GENERATIVE ARTIFICIAL INTELLIGENCE I hereby acknowledge that generative artificial intelligence was used in the drafting, creation, enhancement, or modification of the instant filing. I certify that I have personally reviewed this filing for accuracy of all factual claims, legal claims, citations, authorities, sources, arguments, and/or conclusions. I further certify that, generative artificial intelligence use notwithstanding, this filing complies with all duties imposed on me by Virginia Code § 8.01-271.1, Rule 1:5 of the Rules of the Supreme Court of Virginia, and where appropriate, any rules of professional conduct. I acknowledge that this certification only applies to the instant filing. Attorney/Pro Se Litigant Date
Applicant shall include case number for case(s) upon which credit is requested for Community Service towards costs and/or fines. If Applicant does not include a case number, then credit shall be applied to the lowest case number (oldest) first.
Must include
- •Case number
the defendant must submit the completed Certification of Community Service form
Applicant must certify under penalty of perjury that he/she has not requested nor received credit for the submitted hours to satisfy a sentence, nor was credit requested or received towards fines and costs in any other court, nor been paid for hours submitted to the court (except by DOC).
a letter from the charity or Community Service program on that group's letterhead, including the address and telephone number), listing the dates and hours of service performed, as well as the total of Community Service hours performed, and shall include original signature of the person with that agency who supervised the work performed.
For Community Service while incarcerated, the defendant must complete a fully completed Certification of Community Service form completed by an official of the Department of Corrections or local/regional jail, which must contain an original signature of person with that agency and indicate the specific program and code section applicable for the work program from above list.
There must be an attached printout of the hours worked and must indicate the amount paid, if any, for work performed.
The Defendant/Applicant must complete one of the alternatives identifying the community-service hours, dates, and applicable work location or facility, with attached documentation.
Court's wording
While not incarcerated, I performed a total of _ community service hours between the dates of and at (place) as shown on the attached document. OR While incarcerated at (Détention, Jail or Correctional Facility), I performed a total of community service hours between the dates of and as confirmed by the facility below and as shown on the attached documents).
I have not submitted and will not submit the same community service hours attached hereto to any other court for credit against fines, costs or community service; and I have not been paid for the work listed (except by Department of Corrections). I hereby certify that all of the above is true and correct under penalty of perjury. Signature of Defendant/Applicant Date
A DOC, detention, or jail representative must confirm the facility records show the Defendant/Applicant participated in the applicable listed program and performed the documented hours, then sign and date the confirmation.
Court's wording
TO BE COMPLETED BY REPRESENTATIVE OF DOC, DETENTION OR JAIL: I confirm that the records of the Jail/Facility) indicate that the Defendant/Applicant participated in the following program(s): (Corrections/Detention/ Community Corrections Alternative Program - VA Code § 19.2-316.4 County workforces - VA Code § 53.1-128 Court-ordered workforces VA Code § 53.1-129 Court-ordered work release or rehabilitative programs designed to supplement work release" from jails - VA Code § 53.1-131 Prison work release outside prison - VA Code § 53.1-60 State prisoners working for localities - VA Code § 53.1-59 The defendant participated in the above listed programs) and performed _ hours set forth on the attached documents. Signature of Facility Representative Date
The Court ORDERS that the Clerk shall provide the defendant with an Acknowledgement/Order and Notice of Deferred Payment or Installment Payments form upon final disposition/sentencing of the defendant, and the Clerk shall not require the defendant to complete the "Financial Statement - Eligibility Determination."
Filing & Service rules
Filing Timing and Cure Windows
All attorneys and pro se litigants shall also, no less than ten (10) days before any trial or evidentiary hearing, file a certification disclosing the use of generative Al in any proposed exhibits, including demonstrative exhibits.
All attorneys and pro se litigants shall also, no less than ten (10) days before any trial or evidentiary hearing, file a certification disclosing the use of generative Al in any proposed exhibits, including demonstrative exhibits.
Page 1 | 3. Disclosure Required on Generative Al Submissions
Service and Proof of Service Rules
The County mails final orders in civil cases to attorneys of record or pro se litigants within two business days after the Clerk's Office receives the signed order from the Judge.
Amherst County distributes final orders in civil cases by regular mail to attorneys of record, or to pro se litigants, within two business days of receipt of the signed order in the Clerk's Office, from the Judge.
Page 1 | Terms of Court and General Information
Filing Fees and Waivers
Deferred or installment payment agreements for fines, costs, or restitution are completed in the Circuit Court Clerk's Office.
Deferred/Installment payment agreement for fines/costs/restitution will be completed in the Circuit Court Clerk's Office.
Page 1 | Deferred Payment Agreement Guidelines and Policy for Court Costs, Fines, and Restitution
Monthly payments must be paid on or before the date specified in the payment agreement.
All monthly payments are DUE on the date as specified in the payment agreement and must be paid ON or BEFORE the due date.
Page 1 | Deferred Payment Agreement Guidelines and Policy for Court Costs, Fines, and Restitution
A new court-ordered payment agreement must include previous unpaid accounts, with the oldest paid first, except an account more than 20 years old cannot be included.
If the defendant is Ordered into a new payment agreement by the Court, all previous unpaid accounts shall be included, the oldest account shall be paid first (unless that account is more than 20 years old, then that account cannot be placed on a Time To Pay agreement).
Page 1 | Deferred Payment Agreement Guidelines and Policy for Court Costs, Fines, and Restitution
Fines, costs, and restitution are due when imposed unless the defendant enters a deferred or installment payment agreement or the Court orders otherwise.
Fines, costs and/or restitution Ordered by this Court are assessed against individuals convicted of a felony, misdemeanor, or traffic infraction. Fines, costs and/or restitution are due when imposed by the Court unless the defendant enters into a Deferred/Installment payment agreement or if otherwise Ordered by the Court.
Page 1 | Deferred Payment Agreement Guidelines and Policy for Court Costs, Fines, and Restitution
Payments under an agreement must be applied first to restitution unless the Court orders otherwise.
Payments accepted by the Clerk of the Court, pursuant to a payment agreement, shall be applied first to any restitution obligation, unless otherwise Ordered by the Court.
Page 2 | IN RE: DEFERRED PAYMENT AGREEMENT GUIDELINES AND PROCEDURES FOR COURT COSTS AND FINES
Unless otherwise ordered, defendants ordered to pay restitution, fines, or costs in criminal or traffic cases must enter an installment agreement with the Clerk, include all prior unpaid accounts, and pay the oldest eligible account first.
The Court ORDERS that in all criminal and traffic cases before this Court, unless otherwise ordered, that any and all defendants who have been Ordered by the Court to pay restitution, fines, or costs, shall enter into an installment payment agreement with the Clerk of this Court, and all previous unpaid accounts shall be included. The oldest account be paid first (unless that account is more than 20 years old, then that account cannot be placed on a Time To Pay agreement).
Page 2 | IN RE: DEFERRED PAYMENT AGREEMENT GUIDELINES AND PROCEDURES FOR COURT COSTS AND FINES
Interest does not accrue on fines or costs during the specified 180-day periods following judgment and release from incarceration, or while the defendant is incarcerated.
No interest shall accrue on any fine or costs imposed in a criminal case or in a case involving a traffic infraction (i) for a period of 180 days following the date of the final judgment imposing such fine or costs; (ii) during any period the defendant is incarcerated; and (iii) for a period of 180 days following the date of the defendant's release from incarceration if the sentence includes an active term of incarceration.
Page 1 | Deferred Payment Agreement Guidelines and Policy for Court Costs, Fines, and Restitution
A person whose sole resource is Social Security or SSI need not pay until they have another resource or income, but restitution remains payable as ordered.
If your sole financial resource is a Social Security benefit or Supplemental Security Income, then you are not required to pay until you have another resource or income. As long as your sole income remains unchanged, your account will not go to collections. Any Restitution that you may have been ordered to pay is not included in this exemption of payment and is due as the court has ordered.
Page 1 | Deferred Payment Agreement Guidelines and Policy for Court Costs, Fines, and Restitution
A defendant may request a written modification of a payment agreement at any time, and the Court may grant it upon a good-faith showing of need.
At any time during the duration of the payment agreement, the Defendant may request a modification of the agreement in writing. The Court may grant such modification based on a good-faith showing of need.
Page 1 | Deferred Payment Agreement Guidelines and Policy for Court Costs, Fines, and Restitution
Unpaid fines and court costs may be reported to the Commonwealth's Attorney and Department of Taxation for debt collection.
Unpaid fines and court costs reported to the Amherst County Commonwealth's Attorney and the Department of Taxation for debt collection.
Page 1 | Deferred Payment Agreement Guidelines and Policy for Court Costs, Fines, and Restitution
Failure to pay fines, costs and/or restitution will result in Debt Collection and Interest Accrual.
Failure to pay fines, costs and/or restitution will result in Debt Collection and Interest Accrual.
Page 1 | Deferred Payment Agreement Guidelines and Policy for Court Costs, Fines, and Restitution
Full payment on the trial or sentencing date prevents entry of a judgment.
If full payment is made on the date of trial/sentencing, no judgement will be entered.
Page 1 | Deferred Payment Agreement Guidelines and Policy for Court Costs, Fines, and Restitution
A person whose sole resource is Social Security or SSI need not pay until they have another resource or income, but restitution remains payable as ordered.
The Court ORDERS that if your sole financial resource is a Social Security benefit or Supplemental Security Income, then you are not required to pay until you have another resource or income. As long as your sole income remains unchanged, your account will not go to collections. Any Restitution that you may have been ordered to pay is not included in this exemption of payment and is due as the court has ordered.
Page 2 | IN RE: DEFERRED PAYMENT AGREEMENT GUIDELINES AND PROCEDURES FOR COURT COSTS AND FINES
Interest does not accrue on fines or costs during the specified 180-day periods following judgment and release from incarceration, or while the defendant is incarcerated.
The Court ORDERS that no interest shall accrue on any fine or costs imposed in a criminal case or in a case involving a traffic infraction (i) for a period of 180 days following the date of the final judgment imposing such fine or costs; (ii) during any period the defendant is incarcerated; and (iii) for a period of 180 days following the date of the defendant's release from incarceration if the sentence includes an active term of incarceration.
Page 2 | IN RE: DEFERRED PAYMENT AGREEMENT GUIDELINES AND PROCEDURES FOR COURT COSTS AND FINES
A request for a subsequent payment agreement after default may be referred to the Judge, and the Clerk may require a down payment before re-entry into an agreement.
Any request for subsequent payment agreement, as a result of a default, may be referred to the Judge of the Court for consideration. Upon default of a payment agreement, the Clerk may require a "down-payment" pursuant to Virginia code Section 19.2-354 et. Seq. and the Rules of the Supreme Court of Virginia, prior to re-entry into a payment agreement.
Page 2 | IN RE: DEFERRED PAYMENT AGREEMENT GUIDELINES AND PROCEDURES FOR COURT COSTS AND FINES
Defendants may request installment payments of $25 per month or more based on ability to pay, or less than $25 per month if determined indigent.
Defendants may request installment Payments of $25 per month, or a higher amount, depending upon a defendant's ability to pay, or less than $25 per month if the defendant is determined to be indigent.
Page 2 | IN RE: DEFERRED PAYMENT AGREEMENT GUIDELINES AND PROCEDURES FOR COURT COSTS AND FINES