Culpeper County Circuit Court, Virginia Document Filing Requirements

CRITICALCriminal cases

Applies to

Correctional facility certification

The correctional-facility certification must state the incarceration dates, work performed, hours, compensation, recordkeeping basis, and whether the request has been made to satisfy costs or fines in another state or federal court.

The certification shall state: - (a) The dates of incarceration; - (b) The nature of the work performed; - (c) The total number of hours worked; - (d) Any wages or compensation paid to the inmate for such work; - (e) Whether the records are maintained in the ordinary course of business by the correctional facility. - (f) that the request has not been made to satisfy any other costs or fines from any state or federal court.

CRITICALCriminal cases

Applies to

Financial statement

The Court must use a written financial statement on the Executive Secretary’s form when assessing a defendant’s ability to pay.

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.

CRITICALCriminal cases

Applies to

Written affidavit

The defendant must execute an affidavit containing the required certifications and file it among the case papers.

The defendant shall execute a written affidavit containing the certifications set forth above. Such affidavit shall be filed among the papers of the case.

CRITICALCriminal cases

Applies to

Written order

Any order awarding credit must specify the approved hours, credit rate, required deductions, and fines and costs satisfied.

Any credit awarded shall be reflected by written order specifying: (a) The number of approved hours; (b) The rate of credit applied; (c) Any deductions required by law, including wages received for work performed while incarcerated; (d) The amount of fines and costs satisfied.

CRITICALCriminal cases

Applies to

Correctional facility certification

A request based on work performed while incarcerated must include a certification executed by an authorized representative of the specified correctional facility.

Any request based upon work performed while incarcerated shall be accompanied by a certification executed by an authorized representative of the Virginia Department of Corrections, regional jail, local jail, or other correctional facility.

CRITICALCivil cases

Applies to

Bond

The required bond must be filed and executed when the Petition/Suit is filed.

then the bond which is required to be posted pursuant to Virginia Code § 46.2-644.02 (D) or § 43-33 shall be filed and executed at the same time the Petition/Suit is filed.

CRITICALCriminal cases

Applies to

Correctional facility certification

The representative completing the correctional-facility certification must sign immediately beneath the specified declaration.

The correctional-facility representative completing the certification shall sign the form immediately beneath the following declaration: "I declare under penalty of perjury that the foregoing information is true and correct to the best of my knowledge and is based upon official records maintained by the correctional facility."

WARNING

Applies to

Emergency documentation

Such documentation should minimally include a facsimile or electronic mail from the letterhead of a licensed health care provider or hospital indicating why, to a reasonable degree of medical certainty, you cannot appear at the court ordered date.

Such documentation should minimally include a facsimile or electronic mail from the letterhead of a licensed health care provider or hospital indicating why, to a reasonable degree of medical certainty, you cannot appear at the court ordered date.

WARNINGCriminal cases

Applies to

Signed acknowledgment form

To qualify for the payment exemption while Social Security or SSI is the defendant’s sole financial resource, the defendant must acknowledge that status on a signed form.

If your sole financial resource is a Social Security benefit or Supplemental Security Income and you have acknowledged such on signed form, then you are not required to pay until you have another resource of income.

WARNINGCriminal cases

Applies to

Modification request

A defendant may request a payment-agreement modification at any time during the agreement by submitting a written request on the Executive Secretary’s form; the Court may grant it upon 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.