Dinwiddie County Circuit Court, Virginia Adjournment & Extension Requirements

CRITICAL

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.

CRITICAL

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.

CRITICAL

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.

WARNING

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.

WARNING

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.

WARNING

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.

WARNING

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.