Augusta County Circuit Court, Virginia
Court-Level Rules, Filing Procedures & Policies
- Rules last changed:
Document Filing Requirements3 rules
Civil trials and motions hearings set by praecipe
At the time of sentencing, the Commonwealth Attorney shall provide to the Court the amount of restitution owed and the name(s) and address(es) of the victim(s).
A defendant may request a payment-agreement modification in writing on the specified form, and the Court may grant it upon a good-faith showing of need.
Court's wording
The defendant, at any time during the duration of a payment agreement, may request a modification of the agreement in writing on a form provided by the Executive Secretary of the Supreme Court, and the Court may grant such modification based on a good faith showing of need.
Filing & Service rules
Filing Timing and Cure Windows
Praecipes must be filed by noon seven days before civil docket call; docket calls are generally the first and third Monday, with holiday and case-number rules determining the applicable date.
Civil trials and motions hearings set by praecipe, filed by noon 7 days prior to civil docket call, held on the 1st and 3rd Monday of each month. (When civil docket call falls on a holiday, the docket call will be on Tuesday.) Praecipes for cases ending in odd numbers should be filed for the first Motions Day of each month. Praecipes for cases ending in even numbers should be filed for the second Motions Day of each month. If a matter has multiple case numbers, the lowest case number would control the Motions Day for which the case should be filed.
Page 1 | Civil trials and motions hearings
Service and Proof of Service Rules
Civil final orders are mailed by regular mail, and local attorneys may pick up applicable orders from a designated file tray.
Civil Final Orders are mailed via regular mail, or for Local Attorneys, we have a designated file tray from which they may pick up applicable orders.
Page 1 | Civil Final Orders
Final orders are emailed to the listed criminal-case recipients and attorneys with email addresses; if there is no email address, the orders are mailed by regular mail.
Criminal Orders are transported as follows: to Probation Officers, Court Service Units, Public Defenders, Commonwealth Attorneys, and Attorneys who have provided email addresses, Final Orders are emailed. If there is no email address, we mail by regular mail.
Page 1 | Criminal Orders
Filing Fees and Waivers
A defendant unable to pay costs in full must elect an installment, deferred-payment, or approved community-service plan within the applicable 30-day period; community service cannot satisfy restitution.
If a defendant is unable to pay the Costs in full within 30 days of conviction (or other disposition of the case authorized by law), or if a defendant is incarcerated, within 30 days after the defendant's release from incarceration, the defendant must elect one of the following plans: - a) to pay the Costs in periodic payments (an Installment Payment Agreement); or - b) to pay the Costs in full by a date certain, either as a lump sum or in conjunction with the defendant's best efforts to make monthly or periodic payments (a Deferred Payment Agreement); or - c) to pay the Costs through the performance of community service as established and outlined by this Courts Community Service Program. Restitution owed cannot be paid by performing community service. Community service must be approved by the Judge.
Criminal cases
Page 1 | A. Payment guidelines for costs and fines
A defendant who does not pay in full or establish an approved payment option during the prescribed period is assessed a one-time collection fee of 17% of the unpaid Costs balance.
If a defendant fails to either (a) pay the Costs in full or (b) set up an Installment Payment Agreement, a Deferred Payment Agreement or be approved for the Community Service Program Option during the prescribed period, a one-time collection fee in the amount of 17% of the balance of the Costs will be assessed pursuant to Appropriations Act 2013.
Criminal cases
Page 1 | A. Payment guidelines for costs and fines
A Court shall consider a request by a defendant who has defaulted on an Installment Payment Agreement to enter into a subsequent payment agreement. In determining whether to approve the request the Court shall consider any change in the defendant's circumstances. A down payment to enter into a subsequent payment agreement shall be required. The down payment shall not exceed 10% of the Costs if the total is $500 or less. If the Costs owed are more than $500, five percent of such amount or $50.00, whichever is greater, shall be required.
A Court shall consider a request by a defendant who has defaulted on an Installment Payment Agreement to enter into a subsequent payment agreement. In determining whether to approve the request the Court shall consider any change in the defendant's circumstances. A down payment to enter into a subsequent payment agreement shall be required. The down payment shall not exceed 10% of the Costs if the total is $500 or less. If the Costs owed are more than $500, five percent of such amount or $50.00, whichever is greater, shall be required.
Criminal cases
Page 2 | A. Payment guidelines for costs and fines
A defendant whose only financial resource is Social Security or SSI need not pay court costs until another resource or income becomes available.
If a defendant's sole financial resource is a Social Security benefit or Supplemental Security Income, payment of court costs is not required until the defendant has another financial resource or income.
Criminal cases
Page 1 | A. Payment guidelines for costs and fines
The initial recommended installment is $50 per month, but the Court must assess the defendant’s finances and set reasonable payment terms; it may require a DMV summary of other court debts.
The initial recommended monthly payment for any Installment Payment Agreement is $50.00 per month. However, the Court shall consider the defendant's financial resources and obligations and any Costs which the defendant owes in other Courts. In assessing the defendant's ability to pay, the Court shall use a written financial statement form provided by the Office of the Executive Secretary of the Supreme Court, setting forth the defendant's financial resources and obligations or conduct an oral examination to determine the defendants' financial resources and obligations. The Court may require the defendant to present a summary prepared by the Department of Motor Vehicles of the other courts in which the defendant also owes fines and costs. The length of a payment agreement and the amount of the payments shall be reasonable in light of the defendant's financial resources and obligations and shall not be based solely on the amount of fines and costs.
Criminal cases
Page 1 | A. Payment guidelines for costs and fines
Any payment received within ten (10) days of its due date shall be considered on time.
Any payment received within ten (10) days of its due date shall be considered on time.
Criminal cases
Page 1 | A. Payment guidelines for costs and fines
A payment due date that falls on a weekend or holiday moves to the next business day.
If payment due dates fall on weekends or holidays the payment will be due the next business day.
Criminal cases
Page 2 | A. Payment guidelines for costs and fines
No down payment is required for an initial payment agreement.
No down payment is required to enter into an initial payment agreement.
Criminal cases
Page 1 | A. Payment guidelines for costs and fines
Payments may be made in person by check, cash, money order, or credit card; they may also be mailed or made online by credit card.
The Court accepts payments by check, cash, money order or credit cards in person. Payments can be mailed to: Augusta County Circuit Court, P.O. Box 689, Staunton, VA 24402-0689, or payments can be made using a credit card by going online to the following website: http://www.vacourts.gov.
Criminal cases
Page 2 | A. Payment guidelines for costs and fines