Dinwiddie County Circuit Court, Virginia
Court-Level Rules, Filing Procedures & Policies
- Rules last changed:
Limits & Logistics
Document Limits
Adjournments
- A trial continuance will be granted only for good cause; requests should be made in writing and scheduled for hearing as early as possible before trial.
- A continuance requires good cause; once a hearing or trial is scheduled and docketed, the moving party must timely file a written motion and endorsed proposed order, and the date changes only after the judge enters the order or the parties are notified through the Court Administrator.
- A continuance does not change scheduling-order cut-off dates unless the Court specifically modifies the order.
- +4 more
Request must include
Communication
Phone
Page & Word Limits1 rule
Absent leave of court, the length of a brief shall not exceed twenty (20) pages, double-spaced.
- Brief
- Up to 20 pages
- Format
- Double-spaced
Exception
More pages with leave of court
Document Format Requirements5 rules
The Court requires that all jury trials shall have a pre-trial scheduling order entered on a form provided by the Court which is appended in the Criminal Forms section.
Plea agreements must be in writing and signed by the parties prior to the calling of the case for trial.
A party requesting an appeal must file a notice of appeal in the form required by the Rules of the Supreme Court.
The parties and counsel shall attend the pretrial conference in person.
The parties should prepare the Court’s form orders for the listed matters before the case is called for presentation and entry.
Court's wording
The Court has prepared form orders for continuance, substitution of counsel, bond, election of jury or bench trial, and first-time offender disposition. The parties should prepare these orders in advance of calling the case for presentation and entry by the Court.
Document Filing Requirements37 rules
Defense Counsel shall complete and submit a request for Transportation Order for incarcerated clients to the clerk immediately after the hearing or scheduling date.
All cases scheduled for a jury trial will require a pre-trial scheduling order and conference for motions and other pre-trial matters.
A copy of the warrant from the lower court must accompany the written motion.
The motion must state the case numbers) from the General District Court or Juvenile & Domestic Relations Court, the next court date and hearing time, the date of the alleged offense(s), and the present bond for each of the charges.
Motions to suppress, compel discovery, joinder, sever, appoint experts, and lengthy in limine shall be filed in writing no less than 30 days prior to trial.
Bond Motions are scheduled with the Commonwealth after filing a written motion by defendant with notice received by the clerk and Commonwealth's Attorney.
Counsel, and defendant will complete the form continuance order at the hearing for entry by the Court.
The Court expects each case to proceed regardless of assigned position, so the parties must subpoena witnesses and be prepared to proceed with trial.
It is the responsibility of the Commonwealth to notify the Clerk and prepare a request for transportation order for any prosecution witness who is incarcerated.
Defense counsel must complete and submit a transportation-order request to the clerk for an incarcerated defendant.
Court's wording
It is the responsibility of defense counsel to advise the Clerk and the Commonwealth's Attorney in a timely fashion of the facility in which the defendant is incarcerated, complete and submit a request for transportation order to the clerk.
The Commonwealth must prepare the sentencing guidelines and a guideline worksheet for submission with the plea agreement.
write the proposed amendment to the indictment prior to calling the case for trial.
The Commonwealth must obtain a photocopy of the indictment from the clerk or through OCRA prior to the trial date
The moving party must prepare a proposed order authorizing the court reporter and transcription and obtain endorsement of opposing counsel.
- Document
- Motion
Must include
- •Proposed order
Motions for bond pending appeal must be filed in writing and scheduled for a hearing date separate from the sentencing hearing.
A party noticing and appeal must also file a proposed order for the preparation of trial transcripts indicating the dates of each hearing and trial that are at issue for the appeal.
A party requesting authorization for a court reporter at the preliminary hearing of a case in the District Court must file a written motion detailing the nature of the pending charges and the necessity for preservation of the testimony at the preliminary hearing.
The parties shall prepare the pretrial scheduling orders for Term Day or when the case is scheduled outside of Term Day.
A motion to continue a scheduled and docketed hearing or trial must include a proposed order endorsed by opposing parties or counsel.
- Document
- Motion to continue
Must include
- •Proposed order
Court's wording
Once a motion hearing or trial is scheduled and docketed by the Court, then a party moving to continue must file a written motion and proposed order with endorsement of opposing parties or counsel prior to the scheduled hearing or trial date.
It shall be the duty of counsel for the plaintiff or an unrepresented plaintiff to prepare a verdict form
Counsel shall exchange copies of proposed instructions and provide copies of such instructions or the references thereto to the Clerk at least forty-eight (48) hours before trial.
If custody, visitation, or support is contested, the parents must show proof before trial that they attended the required educational seminar.
Court's wording
If a child's custody, visitation or support is contested, the parents shall, prior to the trial date, show proof that they have attended an educational seminar on the ettects of separation or divorce on children, parenting responsibilities, options for conflict resolution and financial responsibilities pursuant to Virginia Code § 20-13.
Five (5) days prior to the pretrial conference the Pretrial Conference Brief and all worksheets and forms that are applicable to the case must be completed and exchanged by counsel and filed with the court.
If the matter involves a show cause, then the motion and order to show cause must be filed for the court to consider.
Parties filing a motion to re-instate a case on the docket for previously concluded chancery matters shall file the motion to re-instate, affidavit or sworn pleading, and order to re-instate.
The parties shall immediately file any request for the Appointment of a Guardian ad Litem providing in the motion the basis for appointment pursuant to Virginia Code §16.1-266.
Counsel must file all applicable required worksheets and forms with the Court and opposing counsel no later than 30 days before trial and before the pretrial conference.
Court's wording
Counsel shall file with the Court and opposing counsel not later than Thirty (30) days prior to trial and before the pretrial conference all worksheets and forms required by the Court applicable to the issues in this case: The Monthly Income and Expense Statement of each party, Child Support Guideline Worksheets and Proposed Equitable Distribution Schedules.
Counsel must exchange identified exhibit and witness lists and unsupplied exhibits before trial and the pretrial conference; unlisted items generally will not be admitted, subject to the stated exceptions.
Court's wording
Counsel shall exchange Thirty (30) days before trial and before the pretrial conference a list specifically identifying cach exhibit to be introduced at trial, copies of any exhibits not previously supplied in discovery, and a list of witnesses proposed to be introduced at trial. Any exhibit or witness not so identified will not be received in evidence, except in rebuttal or for impeachment or unless the admission of such exhibit or testimony of the witness would cause no surprise or prejudice to the opposing party and the failure to list the exhibits or witness was through inadvertence.
The parties should request witness subpoenas immediately following in-court scheduling of the case.
A written motion and notice should be filed with the Clerk with copies to opposing counsel.
Motions should also include citations to any cases, statutes or Rules of court relied upon by the moving party.
Likewise, the party opposing the motion should provide a written response with citations.
In the event the parties reach an agreement, the Court expects the parties to present the written agreement and sentencing guidelines on a criminal bench trial docket prior to the scheduled jury trial.
Orders reflecting the Court's ruling should be prepared promptly or submitted at the time of the ruling and shall reflect the date the ruling was rendered or the matter heard.
The Court should receive medical records or reports addressing the injuries, treatment, resolution, any permanent injury, and the need for future treatment.
Court's wording
The Court should be provided with medical records or reports that allow the court to determine the nature and extent of injuries, the nature and course of treatment, the resolution of the injury, the existence of any permanent injury, and the necessity of any future treatment.
If the parties disagree on the appointment, then they shall schedule a hearing upon notice that no agreement on the issue can be reached.
The petitioner shall contact the Court Administrator to schedule a hearing date on the show cause in order to include the date and time in the Order to Show Cause.
Filing & Service rules
Filing Timing and Cure Windows
Defense Counsel must provide available dates at least 72 hours before Term Day or appear in person at Term Day with available dates.
Defense Counsel shall provide available dates to the Commonwealth Attorney to schedule trials and hearings no less than 72 hours before Term Day. If Defense Counsel fails to timely provide available dates 72 hours before Term Day, then Defense Counsel must appear in person at Term Day with available dates.
Page 2 | A. Grand Jury—3. Scheduling procedures
The listed motions must be filed in writing at least 30 days before trial.
Motions to suppress, compel discovery, joinder, sever, appoint experts, and lengthy in limine shall be filed in writing no less than 30 days prior to trial.
Page 3 | C. Motions and other pretrial matters
Requested docket additions, other than bond motions and advisements, must be completed with notice to the Clerk by 3:00 p.m. two days before the docket unless the Presiding Judge authorizes otherwise.
The parties must complete any requested additions to a docket (except bond motions and advisements) with notice to the Clerk by 3:00 p.m. two days before the requested docket, unless authorized by the Presiding Judge.
Page 4 | C. Motions and other pretrial matters
The requesting party must submit a witness subpoena request at least 10 days before trial.
The requesting party must submit the subpoena request no less than ten (10) days prior to the trial date.
Page 5 | G. Witnesses
The probation officer must submit the presentence report and guidelines at least 5 days before the sentencing hearing.
The probation officer shall submit the presentence report and guidelines no less than 5 days before the sentencing hearing.
Page 5 | J. Sentencing Hearings
The parties must submit witness subpoena requests to the Clerk immediately after a trial date is agreed to or scheduled.
The parties must submit witness subpoena requests to the clerk immediately after a trial date is agreed to by counsel or scheduled.
Page 5 | G. Witnesses
Defense counsel or a self-represented defendant must notify the Court at Term Day of a jury-trial request or jury trial will be deemed waived.
Defense counsel or the defendant acting pro se must notify the Court at the Term Day that trial by jury is requested; otherwise, the Court will deem trial by jury is waived.
Page 6 | O. Misdemeanor and traffic appeals
Proposed jury instructions must be provided to the Clerk at least 48 hours before trial.
Counsel shall exchange copies of proposed instructions and provide copies of such instructions or the references thereto to the Clerk at least forty-eight (48) hours before trial.
Page 8 | B. Matters Pertaining to Trial
Orders prepared after a hearing must be presented by the parties on the next Term Day, with counsel appearing, unless the Court enters the order before the presentation date.
Orders prepared after the hearing will be scheduled for presentation by the parties at the next Term Day with appearance of counsel required unless entered by the Court prior to the Order presentation date.
Page 9 | D. Orders and Dismissal
Absent leave of court, when a supporting brief is five pages or fewer, the notice and supporting brief must be filed at least 10 days before the hearing, and any opposition brief must be filed at least 5 days before the hearing.
Absent leave of court, if a brief in support of a motion is five (5) or fewer pages in length, the required notice and the brief shall be filed and served at least ten (10) days before the hearing and any brief in opposition to the motion shall be filed and served at least five (5) days before the hearing.
Page 9 | 4. Filing and Service of Briefs
Counsel or unrepresented parties must deliver the final order to the Clerk within 30 days after a non-suit or final settlement.
Within thirty (30) days of the taking of a non-suit or a final settlement, counsel for the parties or unrepresented parties shall deliver the final order to the Clerk.
Page 9 | D. Orders and Dismissal
The Pretrial Conference Brief and all applicable worksheets and forms must be filed with the court at least 5 days before the pretrial conference.
Five (5) days prior to the pretrial conference the Pretrial Conference Brief and all worksheets and forms that are applicable to the case must be completed and exchanged by counsel and filed with the court.
Page 10 | G. Contested Divorce and Equitable Distribution Cases
When required, the pretrial conference must be scheduled at least 30 days before trial.
When a pretrial conference is required, it shall be scheduled with the Court Administrator no less than Thirty (30) days prior to trial.
Page 10 | G. Contested Divorce and Equitable Distribution Cases
A petition must be filed before the Court assigns a hearing date.
All petitions must be filed with payment of appropriate Clerk's fees before a hearing date is assigned.
Page 10 | E. Settlements Involving Infants and Others Under Disability
The required worksheets and forms are due no later than 30 days before trial and before the pretrial conference.
Counsel shall file with the Court and opposing counsel not later than Thirty (30) days prior to trial and before the pretrial conference all worksheets and forms required by the Court applicable to the issues in this case: The Monthly Income and Expense Statement of each party, Child Support Guideline Worksheets and Proposed Equitable Distribution Schedules.
Page 11 | 4. Required Worksheets and Forms
A hearing on a compensation board appeal is scheduled within 45 days.
15.2-1636.9 compensation board appeal 45 days for hearing
Page 15 | Expedited Cases
A levy or seizure exemption hearing must occur no later than 10 days after filing.
8.01-546.2 levy or seizure exemption hearing no later than 10 days from filing
Page 15 | Expedited Cases
FOIA cases must be heard within 7 days.
2.2-3713 FOIA heard within 7 days
Page 15 | Expedited Cases
A county grievance application hearing must occur within 30 days.
15.1-1507 county grievance app hearing within 30 days
Page 15 | Expedited Cases
Criminal advisement must occur at the first court session after arrest.
19.2-158 criminal advisement first court in session after arrest
Page 16 | Expedited Cases
A juvenile program reconsideration hearing must occur within 30 days.
16.1-289.1 juv. Program reconsider hearing within 30 days
Page 16 | Expedited Cases
A child-support income deduction matter has a 10-to-45-day timeframe from filing.
20-79.1 child sup. Income deduction between 10-45 days of filing
Page 16 | Expedited Cases
A hearing on a scientific evidence test must occur between 30 and 90 days of filing.
19.2-327.1 test scientific evid. Hearing between 30-90 days of filing
Page 16 | Expedited Cases
A hearing on a serious offender’s commitment must be scheduled within 30 days of a request for release.
16.1-285.2 serious offender commit. Schedule hearing within 30 days of request for release
Page 16 | Expedited Cases
A juvenile delinquency appeal application has a 45-day deadline from the appeal notice.
16.1-296 juv. Delinquency app. 45 days from appeal notice
Page 16 | Expedited Cases
An obscene-book declaratory matter must be heard within two weeks of filing.
18.2-384 obscene book decl. two weeks from filing
Page 16 | Expedited Cases
Disposition of a request to terminate deferral must occur within 30 days of the request.
18.2-57.3 terminate def. disposition 30 days from request
Page 16 | Expedited Cases
A temporary order concerning military deployment receives docket precedence for no more than 30 days.
20-124.8 temp. ord. military deploy. Precedence on docket not to exceed 30 days
Page 16 | Expedited Cases
A termination of parental rights matter has a 90-day deadline from the appeal notice.
16.1-296 term. Parental rights 90 days from appeal notice
Page 16 | Expedited Cases
The parties are expected to file motions or objections for a sentencing hearing before the scheduled sentencing.
The parties are expected to file any motions or objections for a hearing in advance of the scheduled sentencing to avoid inconvenience to sentencing witnesses.
Page 5 | J. Sentencing Hearings
Briefs should be filed with the Clerk and served on opposing counsel sufficiently before the hearing for the Court to consider them.
Any such briefs should be filed with the Clerk and served on opposing counsel of record sufficiently before the hearing to allow the Court to consider the issues involved.
Page 9 | 4. Filing and Service of Briefs
If an appropriate order is not delivered to the Clerk on time, the Court may enter an order on its own initiative.
The failure to deliver timely an appropriate order to the Clerk may result in the Court entering an order sua sponte.
Page 9 | D. Orders and Dismissal
Orders should be prepared promptly or submitted at the time of the ruling.
Orders reflecting the Court's ruling should be prepared promptly or submitted at the time of the ruling and shall reflect the date the ruling was rendered or the matter heard.
Page 9 | D. Orders and Dismissal
Service and Proof of Service Rules
Notice of a bond motion must be received by the clerk and Commonwealth's Attorney.
Bond Motions are scheduled with the Commonwealth after filing a written motion by defendant with notice received by the clerk and Commonwealth's Attorney.
Page 3 | C. Motions and other pretrial matters
The requesting party must verify the return of service before trial.
It is the responsibility of the requesting party to verify the return of service prior to the trial date.
Page 5 | G. Witnesses
Plaintiffs seeking service by a Virginia Sheriff must provide the Clerk with complete information.
Plaintiffs seeking service by a Virginia Sheriff must provide complete information to the clerk.
Page 6 | Docket Control Procedures and Local Rules in Civil Actions — General Procedures
A copy of the verdict form must be provided to opposing counsel or an unrepresented party when instructions are exchanged.
to provide opposing counsel or unrepresented party a copy thereof at the time of exchange of instructions.
Page 8 | B. Matters Pertaining to Trial
Counsel must exchange copies of proposed jury instructions.
Counsel shall exchange copies of proposed instructions
Page 8 | B. Matters Pertaining to Trial
Absent leave of court, when a supporting brief is five pages or fewer, the notice and supporting brief must be served at least 10 days before the hearing.
Absent leave of court, if a brief in support of a motion is five (5) or fewer pages in length, the required notice and the brief shall be filed and served at least ten (10) days before the hearing and any brief in opposition to the motion shall be filed and served at least five (5) days before the hearing.
Page 9 | 4. Filing and Service of Briefs
Reasonable notice of a motion’s presentation must be served on counsel of record and unrepresented parties.
Reasonable notice of presentation of a motion shall be served on counsel of record and unrepresented parties.
Page 9 | 3. Motions in general
Counsel must exchange the Pretrial Conference Brief and all applicable worksheets and forms at least 5 days before the pretrial conference.
Five (5) days prior to the pretrial conference the Pretrial Conference Brief and all worksheets and forms that are applicable to the case must be completed and exchanged by counsel and filed with the court.
Page 10 | G. Contested Divorce and Equitable Distribution Cases
Counsel must provide the required worksheets and forms to opposing counsel by filing them with opposing counsel as well as the Court.
Counsel shall file with the Court and opposing counsel not later than Thirty (30) days prior to trial and before the pretrial conference all worksheets and forms required by the Court applicable to the issues in this case: The Monthly Income and Expense Statement of each party, Child Support Guideline Worksheets and Proposed Equitable Distribution Schedules.
Page 11 | 4. Required Worksheets and Forms
Counsel must exchange exhibit and witness lists and copies of exhibits not previously supplied in discovery 30 days before trial and before the pretrial conference.
Counsel shall exchange Thirty (30) days before trial and before the pretrial conference a list specifically identifying cach exhibit to be introduced at trial, copies of any exhibits not previously supplied in discovery, and a list of witnesses proposed to be introduced at trial.
Page 11 | 3. Exhibit and Witness List
Copies of the written motion and notice should be provided to opposing counsel.
A written motion and notice should be filed with the Clerk with copies to opposing counsel.
Page 3 | C. Motions and other pretrial matters
Plaintiffs filing civil complaints are expected to exercise diligence in attempting timely service of process.
The Court expects plaintiff's filing civil complaints to exercise diligence in attempting timely service of process on defendant(s).
Page 6 | Docket Control Procedures and Local Rules in Civil Actions — General Procedures
Briefs should be served on opposing counsel sufficiently before the hearing for the Court to consider them.
Any such briefs should be filed with the Clerk and served on opposing counsel of record sufficiently before the hearing to allow the Court to consider the issues involved.
Page 9 | 4. Filing and Service of Briefs
The Clerk must have the defendant served and enter the hearing date on CCMS.
The Clerk shall have the defendant served and place the hearing date on CCMS.
Page 11 | J. Motions to Re-instate a Case
Filing Fees and Waivers
Petitions must be filed with the appropriate Clerk’s fees before a hearing date is assigned.
All petitions must be filed with payment of appropriate Clerk's fees before a hearing date is assigned.
Page 10 | E. Settlements Involving Infants and Others Under Disability
Pre-Motion Conference Requirements
A hearing on a motion may not be scheduled less than 7 days after filing unless the Court instructs otherwise.
The clerk shall refuse any request to schedule a hearing on a motion less than 7 days from the motion filing date, unless instructed to do so by the Court.
Page 3 | C. Motions and other pretrial matters
Hearings on motions for competency or sanity evaluations must be scheduled at least 60 days before trial.
Motions for evaluation of competency and sanity must be scheduled for a hearing no less than 60 days prior to trial.
Page 3 | C. Motions and other pretrial matters
The parties must schedule an election hearing within three weeks of counsel appointment or Term Day.
Parties are directed to schedule an election hearing within three weeks of counsel appointment or Term Day.
Page 3 | C. Motions and other pretrial matters
A defendant's bond motion is scheduled with the Commonwealth after the defendant files a written motion and notice is received by the clerk and Commonwealth's Attorney.
Bond Motions are scheduled with the Commonwealth after filing a written motion by defendant with notice received by the clerk and Commonwealth's Attorney.
Page 3 | C. Motions and other pretrial matters
For hearings not scheduled at Term Day, the responding party must have at least 7 days to respond to the motion, except for bond motions.
Hearings not scheduled at Term Day must allow the responding party no less than 7 days to reply to the motion, except bond motions.
Page 3 | C. Motions and other pretrial matters
Opposing counsel has 7 days to respond in writing, and no hearing may occur before that response period expires.
Opposing counsel shall have 7 days to respond in writing. No hearing will be conducted until the period to respond has expired.
Page 3 | C. Motions and other pretrial matters
Cases scheduled for jury trial require a conference addressing motions and other pretrial matters.
All cases scheduled for a jury trial will require a pre-trial scheduling order and conference for motions and other pre-trial matters.
Page 3 | C. Motions and other pretrial matters
A pretrial hearing must be scheduled at least 10 days before the jury trial.
A pretrial hearing must be scheduled on a date no less than ten (10) days prior to the jury trial.
Page 4 | D. Jury Trial Requests
Counsel and unrepresented parties must make a reasonable effort to confer about resolving the motion and selecting a mutually agreeable hearing date and time.
Counsel or unrepresented parties shall make a reasonable effort to confer to resolve the subject of the motion and to determine a mutually agreeable hearing date and time.
Page 9 | 3. Motions in general
The Court must hear oral argument on a motion when a party or the Court requests it, except that argument on reconsideration motions and motions involving an incarcerated pro se party is heard only at the Court’s request; the Court may limit argument length.
Except as otherwise provided herein, upon request of counsel of record for any party, or an unrepresented party, or at the Court's request, the Court shall hear oral argument on a motion. Argument on a motion for reconsideration or any motion in any case where a pro se incarcerated person is a party shall be heard orally only at the request of the Court. The Court may place reasonable limits on the length of oral argument.
Page 9 | 3. Motions in general
The parties may schedule other motions on the election hearing date to reduce appearances.
Parties may also schedule other motions on the election hearing date to reduce the number of appearances.
Page 3 | C. Motions and other pretrial matters
The defense and Commonwealth are encouraged to confer about availability and pre-schedule motion hearing dates before Term Day.
The defense and Commonwealth are encouraged to confer about availability and pre-schedule motions hearing dates before Term Day.
Page 3 | C. Motions and other pretrial matters
The election hearing is identified as the optimal date to present a plea agreement, avoiding witness appearances on the trial date if an agreement is reached.
The election hearing is the optimal date to present a plea agreement since this eliminates the need for witnesses to appear on the trial date when a plea agreement is reached.
Page 3 | C. Motions and other pretrial matters
For a brief longer than five pages, the Court may determine a briefing schedule if the parties request one.
If a brief will be more than five (5) pages in length, a briefing schedule may be determined by the Court at the request of the parties.
Page 9 | 4. Filing and Service of Briefs
Adjournment & Extension Requirements
A trial continuance will be granted only for good cause; requests should be made in writing and scheduled for hearing as early as possible before trial.
Once a case has been set for trial, a continuance of that trial date will be granted only for good cause. All requests for continuances should be made in writing and scheduled for hearing at the earliest possible time in advance of the trial date.
Page 2 | B. Continuance Policy
A continuance requires good cause; once a hearing or trial is scheduled and docketed, the moving party must timely file a written motion and endorsed proposed order, and the date changes only after the judge enters the order or the parties are notified through the Court Administrator.
A continuance shall be granted only for good cause. See the Court's written continuance policy for further guidance. Once a motion hearing or trial is scheduled and docketed by the Court, then a party moving to continue must file a written motion and proposed order with endorsement of opposing parties or counsel prior to the scheduled hearing or trial date. The hearing or trial will only be continued and parties released from appearing after the Presiding Judge has entered the proposed order or otherwise notified the parties through the Court Administrator.
Page 8 | C. Motions and Briefs
Once a case is set for trial, a continuance of the trial date will be granted only for good cause.
A. Docket Control Procedures regarding Continuances: Once a case has been set for trial, a continuance of that trial date will be granted only for good cause.
Page 12 | Continuance Policy
A continuance does not change scheduling-order cut-off dates unless the Court specifically modifies the order.
6. Continuance. The granting of a continuance does not otherwise affect the scheduling order as to cut-off dates for discovery, filing of witness and exhibit lists, etc., unless the Court specifically modifies the scheduling order.
Page 8 | A. Trial Dates and Scheduling Orders
The listed circumstances generally are not sufficient grounds for a continuance, subject to the stated exceptions for a discovery-order failure and timely notice of a witness conflict.
C. Grounds for Continuance Generally Deemed Insufficient 1. the case has not previously been continued; 2. the parties agree to continue; 3. the case probably will settle if a continuance is granted; 4. discovery has not been completed; 5. new counsel has entered an appearance in the case or a party wants to retain new counsel; 6. unavailability of a witness who has not been subpoenaed; 7. plaintiff has not yet fully recovered from injuries when there is no competent evidence available as to when plaintiff will be fully recovered; 8. a party or counsel is unprepared to try the case for reasons including, but not limited to the party's failure to maintain necessary contact with counsel; 9. the failure to schedule suppression motions on a timely basis unless the Commonwealth failed to comply with a discovery order; or 10. a police officer or other witness is either in training or is scheduled to be on vacation, unless the Court is advised of the conflict soon after the case is scheduled and sufficiently in advance of the trial date.
Page 12 | Continuance Policy
Continuance requests should be made in writing as early as possible before the trial date.
All requests for continuances should be made in writing at the earliest possible time in advance of the trial date.
Page 12 | Continuance Policy
The Court generally deems a sudden medical emergency or death involving a party, counsel, or subpoenaed material witness, and late-arising circumstances likely to cause undue hardship or a miscarriage of justice, sufficient grounds for a continuance.
B. Grounds for Continuances Generally Deemed Sufficient 1. sudden medical emergency (not elective medical care) or death of a party, counsel, or material witness who has been subpoenaed; 2. facts or circumstances arising or becoming apparent too late in the proceedings to be fully corrected and which, in the view of the Court, would likely cause undue hardship or possibly miscarriage of justice if the trial is required to proceed as scheduled.
Page 12 | Continuance Policy
Chambers Communication Rules
Defense counsel must timely advise the Clerk and Commonwealth's Attorney where the defendant is incarcerated and submit a transportation-order request to the clerk.
It is the responsibility of defense counsel to advise the Clerk and the Commonwealth's Attorney in a timely fashion of the facility in which the defendant is incarcerated, complete and submit a request for transportation order to the clerk.
Page 4 | E. Transportation Orders
The Commonwealth must notify the Clerk and prepare a transportation-order request for any incarcerated prosecution witness.
It is the responsibility of the Commonwealth to notify the Clerk and prepare a request for transportation order for any prosecution witness who is incarcerated.
Page 4 | E. Transportation Orders
Defense counsel must contact the Clerk for an interpreter as early as possible and no later than 10 business days before trial or a hearing, providing the defendant’s name, court date, and language or dialect.
It is the responsibility of the defense attorney who becomes aware that his or her client or witness does not speak English or is hearing impaired to contact the Clerk to request an interpreter. The request should be made at the earliest possible opportunity, but no later than 10 business days before the trial or hearing. The Clerk must be advised of defendant's name, the court date, and the language (and dialect, if necessary) of the non-English speaking defendant/witness.
Page 5 | F. Interpreters
When required, a pretrial conference must be scheduled with the Court Administrator at least 30 days before trial.
When a pretrial conference is required, it shall be scheduled with the Court Administrator no less than Thirty (30) days prior to trial.
Page 10 | G. Contested Divorce and Equitable Distribution Cases
Plaintiffs who will use private process service or service by publication should communicate that method to the clerk.
Plaintiffs who will use private process service or service by publication should communicate that method to the clerk.
Page 6 | Docket Control Procedures and Local Rules in Civil Actions — General Procedures
The petitioner must contact the Court Administrator to schedule the show-cause hearing so its date and time can be included in the Order to Show Cause.
The petitioner shall contact the Court Administrator to schedule a hearing date on the show cause in order to include the date and time in the Order to Show Cause.
Page 11 | J. Motions to Re-instate a Case
Civil cases and hearings are scheduled through the Court Administrator or on term days in matured cases.
Civil cases, hearings in civil cases, set through the Court Administrator, Terri Driskill, 804-431-5602 or [email protected], or on term days in matured cases.
Page 1 | Terms of Court and General Information
Parties seeking a trial of one day or less may email the Court Administrator to schedule it before Term Day.
The Court invites parties seeking a trial lasting one day or less to contact the Court Administrator at 11circuit@vacourts.gov to schedule the trial in advance of the Term Day.
Page 7
Counsel may schedule a hearing on a written motion by contacting the Court Administrator.
Counsel of record may schedule hearings on written motions by contacting the Court Administrator.
Page 9 | 3. Motions in general
An attorney filing a cause may request a written copy of the Local Rules from the Clerk.
Upon request of any attorney filing a cause in the Dinwiddie Circuit Court, the Clerk will also provide a written copy.
Page 13 | ADOPTION OF DINWIDDIE CIRCUIT COURT LOCAL RULES