Augusta Juvenile & Domestic Relations Court, Virginia Adjournment & Extension Requirements

CRITICAL

The Court must approve a continuance unless all parties agree; with unanimous agreement the Clerk resets the case, and without agreement the written motion must be presented to the Court immediately, which may grant or deny it or set a hearing if time permits.

JUDICIAL APPROVAL: The Court must approve all continuance requests unless there is an Agreement between all parties to continue the case. If there is an agreement to continue by all parties, the Clerk shall re-set the case. If there is no agreement to continue the written Motion for continuance shall be presented to the Court immediately for consideration. The Court may grant or deny the request or set the matter for a hearing if there is enough time prior to the scheduled court date.

CRITICAL

Continuance requests must be written and made as far ahead of the hearing as possible; they may be mailed, faxed, or hand-delivered to the Clerk with copies to all parties, and objections must be filed in writing with the Court immediately.

All continuance requests shall be in writing. They shall be made as far in advance of the Court hearing as possible. They may be mailed, faxed, or hand-delivered to the Clerk’s office, with copies to all parties. The term “parties” shall mean all plaintiffs petitioners, the prosecution, defendants, respondents, all involved attorneys and any person who is the subject of the proceeding. If there is an objection to the continuance by any party, they shall file their objections in writing with the Court immediately.

CRITICAL

A continuance may be granted only upon a showing of good cause.

Pursuant to Rule 8:14 of the Rules of the Supreme Court of Virginia continuances shall only be granted upon a showing of good cause.

CRITICAL

A continuance may be granted when the Court receives the written request at least 10 days before the hearing; a shorter request will not be granted unless proceeding would not be in the interest of justice, and emergency requests are decided case by case.

A continuance may be granted if the Court receives the written request at least ten days (10) days prior to the hearing. Requests made less than ten days prior to the hearing, including requests made on the day of trial will not be granted unless there is a showing that to proceed would not be in the interest of justice. Requests for continuances based upon emergencies shall be decided by the Court on a case-by-case basis.

CRITICAL

Good cause requires an unforeseen need not caused by lack of preparation, timely notice to the Court, and no undue prejudice to the opposing party.

Good cause exists when the need for a continuance is unforeseen, is not due to a lack of preparation, is brought to the Court’s attention in a timely manner and does not unduly prejudice the opposing party.

WARNINGCriminal cases

The Clerk of Court may grant one extension of up to six months to complete community service if the written request is received before the completion due date.

The Clerk of Court may grant a one-time extension, not to exceed 6 months for completion of community service, provided the request in made in writing and received by the Clerk prior to the due date for completion of community service.

WARNINGCriminal cases

If unable to make full payment under the plan, the defendant must notify the Clerk in writing before the agreement’s due date and request an extension.

In the event the defendant is unable to make full payment in accordance with the provisions of the plan, the defendant shall notify the Clerk in writing, prior to the due date of the agreement and request an extension.

WARNING

Continuances are granted by the Clerk or Judge on motion and in accordance with the local continuance policy.

Continuances granted by Clerk or Judge on motion and in accordance with local continuance policy.