Chesterfield County Circuit Court, Virginia Document Filing Requirements

CRITICAL

Applies to

Supporting documents

In domestic support cases, income and expense worksheets, applicable guidelines worksheets, and supporting documents must be filed 10 days before trial.

Additionally, in domestic cases involving support matters; income and expense worksheets, applicable guidelines worksheets, and supporting documents must also be filed ten (10) days prior to trial.

CRITICAL

Applies to

List of allowances

When handling both state and county charges for a defendant, file separate Lists of Allowances for payment.

If handling state and county charges for a defendant, file separate Lists of Allowances for payment purposes.

CRITICAL

Applies to

Remote appearance motion

A remote-appearance or hearing request must be made by written motion filed with the Clerk’s Office.

A written motion must be filed with the Clerk’s Office.

CRITICALCriminal cases

Applies to

Payment agreement modification request

At any time during the duration of a payment agreement, the defendant 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.

At any time during the duration of a payment agreement, the defendant 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.

CRITICAL

Applies to

Certificate

Mailing a certificate of release requires payment by check or money order and a self-addressed, stamped envelope for the receipt and requested copies.

When submitting a Certificate of Release of Assumed or Fictitious Name on File in a Circuit Court (PDF) through the mail, also enclose 1. payment by check or money order and 2. self-addressed, stamped envelope for the return of the recordation receipt and any copies requested.

CRITICAL

Applies to

Endorsed order

When a trial continuance is granted, counsel must submit an endorsed order at the hearing identifying who requested it, the original and new trial dates, and any other terms the Court requires.

In cases where a continuance of trial is granted, counsel shall prepare and submit an endorsed order at the hearing for the continuance. The order shall state upon whose request the continuance is granted; the date from which the trial is being continued; the new trial date; and other such terms as the Court may require.

CRITICAL

Anyone claiming funds must present photo identification and a copy of their birth certificate.

Parties claiming funds are required to present a photo ID (preferably a driver’s license) and a copy of their birth certificate.

CRITICAL

Applies to

Case related filing

Judges’ Chambers will not accept case-related filings, even on a hearing day; materials sent directly to Judges will be redirected to the Clerk’s Office and may be delayed.

No orders, motions, notices, pleadings, exhibits, or any other type of case-related filing will be accepted by the Judges’ Chambers even on the day of the hearing. All case-related correspondence or documents sent or delivered directly to Judges will be re-directed to the Circuit Court Clerk’s Office for proper filing with the case and may result in delays in processing.

CRITICAL

Condemnation funds are invested upon receipt and may be disbursed only under a court order.

Condemnation funds are invested in interest-bearing accounts upon receipt. Such funds are disbursed only pursuant to court order.

CRITICAL

Applies to

Remote appearance motion

The Court’s template is preferred; motions must provide the form’s requested information and, if the template is not used, a sketch order, and requests require Court approval before scheduling.

MOTIONS FOR REMOTE APPEARANCE / HEARING: Use of the Court’s template form is preferred to facilitate processing; however, at a minimum, motions must contain all information requested on the form and a sketch order provided if the Court’s template is not used. Requests must be approved by the Court before they will be scheduled and arranged by court staff.

CRITICAL

Applies to

Bond motion

A bond motion must state the defense attorney’s availability and email address.

Motion must contain defense attorney availability and the attorney’s email address.

CRITICAL

Applies to

Application

First-time applicants must provide proof of handgun competency from an in-person class; renewal applicants do not need to provide competency proof again.

First-time applicants are required to provide proof of competency with a handgun. Online classes are not acceptable as the law requires in-person attendance.If renewing an active or expired permit, proof of competency with a handgun is not required again.

CRITICAL

Applies to

Notice of hearing

The notice of hearing must state the trial date, time, jury status, and correct hearing location.

The confirmation letter must state the trial date, time, and whether trial will be by jury or non-jury. Note, the Historic 1917 Courthouse may be used for some civil matters; please pay careful attention to the location of the hearing and expressly include the correct location in the notice of hearing.

CRITICAL

Applies to

Motion

A bond motion must be filed in writing with the Clerk’s Office and include defense counsel’s availability and email address.

BOND MOTIONS: a written motion must be filed with the Clerk’s Office. Motion must contain defense attorney availability and the attorney’s email address.

CRITICAL

Applies to

Motion

Motions for remote appearance or hearing must contain all information requested on the Court’s form.

MOTIONS FOR REMOTE APPEARANCE / HEARING: Use of the Court’s template form is preferred to facilitate processing; however, at a minimum, motions must contain all information requested on the form and a sketch order provided if the Court’s template is not used.

CRITICAL

Applies to

Pre trial scheduling order

The plaintiff must submit an agreed, fully endorsed pre-trial scheduling order within 10 calendar days after the trial date is set.

Plaintiff will submit an agreed and fully endorsed pre-trial scheduling order within ten (10) calendar days of setting the trial date.

CRITICAL

Applies to

Order

For judicial consideration, submit an endorsed hearing-setting order to the Clerk’s Office with a copy of the motion attached.

For judicial consideration, an endorsed order setting the hearing must be submitted to the Clerk’s Office with a copy of the motion attached.

CRITICAL

Applies to

Application

A legal-name-change or lost/destroyed replacement request requires the replacement form, identification or a copy depending on submission method, and proof of a name change when applicable.

To request a legal name change or lost/destroyed replacement permit, permit holder must complete the concealed handgun permit replacement request form (PDF) and provide: if appearing in person, their driver’s license if sending the form by mail, a copy of their driver's license proof of name change (for example, updated driver's license, certified copy of marriage license or court order)

CRITICAL

If the original investment order does not specify a release date, a new order must be presented to and entered by the judge before funds can be disbursed.

If the original court order directing investment of funds does not state the date on which the funds may be released, a new court order must be presented to and entered by the judge before the funds can be disbursed.

CRITICAL

Applies to

Pretrial order

The plaintiff must submit an agreed, fully endorsed pre-trial scheduling order within 10 calendar days after the trial date is set.

Plaintiff will submit an agreed and fully endorsed pre-trial scheduling order within ten (10) calendar days of setting the trial date.

CRITICAL

Applies to

Remote appearance motion

A request for a remote appearance or hearing must be made by written motion filed with the Clerk’s Office.

A written motion must be filed with the Clerk’s Office.

CRITICAL

Applies to

Motion

For a criminal motion, the Commonwealth’s Attorney’s Office prepares a scheduling order and submits it with the motion to the Clerk’s Office for judicial consideration.

In cases where a motion is filed, the Commonwealth’s Attorney’s Office will prepare a scheduling order and submit the motion and order to the Clerk’s Office for judicial consideration.

CRITICAL

Applies to

Affidavit

An affidavit must be presented with the beneficiary’s name, date of birth, address, and social security number.

An affidavit must be presented that includes the beneficiary’s name, date of birth, address and social security number.

CRITICAL

Applies to

Motion

A request for a court reporter for a preliminary hearing must include a motion and endorsed order stating the District Court and the hearing date and time.

Attorneys requesting the appointment of a court reporter to transcribe the defendant’s preliminary hearing must submit through the Circuit Clerk’s Office a motion and an endorsed order, both detailing in which District Court the preliminary hearing is to be heard and the hearing date and time.

CRITICAL

Applies to

Case related filing

All case-related filings must be filed in the Clerk’s Office.

All orders, motions, notices, pleadings, exhibits, or any other type of case-related filing must be filed in the Clerk’s Office.

CRITICAL

Applies to

Motion

Every criminal request must be properly filed as a written motion through the Clerk’s Office, whether submitted by an attorney or a pro se litigant.

EVERY REQUEST MUST BE PROPERLY FILED AS A WRITTEN MOTION through the Clerk’s Office (attorney and pro se).

CRITICAL

Applies to

Notice of trial

After setting a trial date, the moving party must send opposing counsel or the party a notice stating the trial date and time and copy the Court.

Once the moving party sets the trial date, they must send a notice of trial to opposing counsel/party stating the trial date(s) and time, copying the Court.

CRITICAL

Applies to

Motion

A request for a court reporter for a defendant’s preliminary hearing must include a motion and endorsed order, each identifying the District Court and the hearing date and time.

Attorneys requesting the appointment of a court reporter to transcribe the defendant’s preliminary hearing must submit through the Circuit Clerk’s Office a motion and an endorsed order, both detailing in which District Court the preliminary hearing is to be heard and the hearing date and time.

CRITICAL

Applies to

List of allowances

Separate Lists of Allowances must be filed when handling state and county charges for a defendant.

If handling state and county charges for a defendant, file separate Lists of Allowances for payment purposes.

CRITICAL

Applies to

Written motion

A written motion must be filed with the Clerk’s Office to request duplication of sealed digital evidence or records.

For requests to duplicate sealed digital evidence/records to include subpoena returns, DVD, CD, thumb- or flash-drive, or other form of digital storage device, a written motion must be filed in the Clerk’s Office for judicial consideration.

CRITICALCriminal cases

Applies to

Payment agreement availability notice

The court must give defendants ordered to pay fines and costs written notice of available payment agreements and, when applicable, community-service credit.

The court shall give a defendant ordered to pay fines and costs written notice of the availability of deferred, modified deferred, and installment payment agreements and, if a community service program has been established, the availability of earning credit toward discharge of fines and costs through the performance of community service work.

CRITICAL

Applies to

Bill and fee waiver request

Bills and fee-waiver requests must be sufficiently detailed, and time must be recorded to the nearest one-tenth of an hour.

To ensure full, fair, and timely compensation, bills and fee waiver requests must be sufficiently detailed and time recorded to the nearest one-tenth of an hour.

CRITICALCriminal cases

Applies to

Financial statement

To assess ability to pay, the court must use the prescribed written financial statement or conduct an oral examination.

In assessing the defendant's ability to pay, the court shall use a written financial statement, on a form developed by the Executive Secretary of the Supreme Court, setting forth the defendant's financial resources and obligations or conduct an oral examination of the defendant to determine his financial resources and obligations.

CRITICAL

Applies to

Notice of trial

The notice of trial must state the trial date or dates and time.

Once the moving party sets the trial date, they must send a notice of trial to opposing counsel/party stating the trial date(s) and time, copying the Court.

CRITICAL

Applies to

Remote appearance motion

A remote-appearance or hearing motion must provide all information requested on the form and, if the Court’s template is not used, include a sketch order.

at a minimum, motions must contain all information requested on the form (reference page 9) and a sketch order provided if the Court’s template is not used.

CRITICAL

Applies to

Motion and scheduling order

For a motion in a criminal case, the Commonwealth’s Attorney’s Office prepares a scheduling order and submits the motion and order to the Clerk’s Office for judicial consideration.

In cases where a motion is filed, the Commonwealth’s Attorney’s Office will prepare a scheduling order and submit the motion and order to the Clerk’s Office for judicial consideration.

CRITICAL

Applies to

Application

Applicants must apply for a concealed handgun permit in the city or county where they reside.

Applicants must apply in the city or county of their residence.

CRITICAL

Applies to

Application

Applicants must provide an eligible photo ID and proof of Chesterfield residency if the ID lacks a Chesterfield address; applicants born outside the United States must provide one of the listed additional documents.

Must include photocopy of valid photo ID issued by:a governmental agency of the Commonwealth U.S. Department of Defense or U.S. State Department (passport) The Court requires proof of Chesterfield residency; if the photo ID presented does not list a Chesterfield address, other proof should be submitted (e.g., deed, lease, voter registration card, etc.). Individuals born outside of the U.S. must provide a passport, naturalization, green card, born abroad certificate or work ID.

CRITICAL

Applies to

Restricted operators license petition or motion

For all civil and criminal restricted operators’ license requests, DMV transcripts should be filed in the Clerk’s Office with the petition or motion.

For all civil and criminal restricted operators’ license requests, DMV transcripts should be filed in the Clerk’s Office with the petition or motion.

CRITICAL

Applies to

Motion

When a jury-trial case has an agreed plea disposition, a written motion is required to advance the case on the docket for disposition.

For proper docket control, in the event of an agreed disposition by plea, the Court requires cases that are set for trial by jury be advanced on the docket for disposition. A written motion is required.

CRITICAL

Applies to

Application

Both parties must attend the appointment and present valid government-issued photo ID; applicants must be at least 18 unless emancipated by court order.

Both parties must be present at the appointment to claim the license and must be prepared to present a valid government-issued photo I.D. to confirm age eligibility.The minimum age at which persons may marry is 18, unless a minor has been emancipated by court order.

CRITICAL

Applies to

Proposed order

Orders containing social security numbers will not be processed.

Orders that include social security numbers will not be processed.

CRITICAL

Applies to

Application

Access to a military discharge record requires a written request and photo ID.

A written request and photo ID are required.

CRITICAL

Applies to

Application

Before scheduling probate or qualification, applicants must provide contact and heir information, relevant will and death-certificate copies, an estate-value estimate, and a real-estate affidavit when applicable; the original will is presented at the appointment and must not be written on.

To provide an estimate of the fees/requirements for probate and/or qualification of an Administrator/Executor, at a minimum, we would need the following in advance of scheduling: Your contact information (name, address, phone number, email address). Name, address and date of birth for all individual(s) wishing to serve as Executor or Administrator (if any). Full names and addresses of heirs (surviving spouse or closest living relatives). Copy of the Last Will and Testament/Codicil(s), if any. The original Will/Codicils will need to be presented at the probate appointment (and retained by the Clerk at that time). The copy is needed for advanced review to ensure that the Will was executed in compliance with VA law. Do not write on the original will. Copy of the death certificate. Estimated Estate Value - The estate value estimate should include assets that were titled in the decedent’s name alone at the date of death. It should not include any items that have a named beneficiary or a payable on death designation. If assets are held jointly with a right of survivorship, those assets would be excluded from the estate as well. The Probate and Estate Administration Information Appointment Checklist (PDF) includes an estate asset worksheet as a template. Real Estate Affidavit Form (PDF) pursuant to Code of VA § 64.2-510, which is typically used when a decedent who did not have a Will owned only real estate and the heirs wish to update the Chesterfield County land records to reflect the land owner's death.

CRITICAL

Applies to

Motion

A written motion must be filed with the Clerk’s Office for judicial consideration to request duplication of sealed digital evidence or records.

For requests to duplicate sealed digital evidence/records to include subpoena returns, DVD, CD, thumb- or flash-drive, or other form of digital storage device, a written motion must be filed in the Clerk’s Office for judicial consideration.

CRITICAL

Applies to

Remote appearance motion

Must include

proposed order

If the Court’s template is not used, a sketch order must be provided with the motion.

and a sketch order provided if the Court’s template is not used.

CRITICAL

Applies to

Motion

For judicial consideration, submit an endorsed order setting the hearing to the Clerk’s Office with a copy of the motion attached.

For judicial consideration, an endorsed order setting the hearing must be submitted to the Clerk’s Office with a copy of the motion attached.

CRITICAL

Applies to

Motion

For an agreed plea disposition in a jury-trial case, the case must be advanced on the docket for disposition and a written motion is required.

For proper docket control, in the event of an agreed disposition by plea, the Court requires cases that are set for trial by jury be advanced on the docket for disposition. A written motion is required.

CRITICAL

Applies to

Certificate

The form must be signed before a notary or Deputy Clerk; signers appearing at the Clerk’s Office must present a driver’s license or government-issued photo ID.

Form must be signed by the appropriate party(ies) in the presence of a Notary Public or a Deputy Clerk. Parties appearing in the Clerk’s Office to have their signature acknowledged must present a driver’s license or government-issued photo I.D.

CRITICAL

Applies to

Application

Renewal applicants must include a copy of their existing permit; if an expired permit copy is unavailable, they must provide other proof of issuance when the original was issued outside Chesterfield.

Renewal applicants must include a copy of their existing permit (whether active or expired).If the permit is expired and a copy is unavailable, other proof of issuance such as a certified copy of the court order must be provided (if the original permit was issued outside of Chesterfield).