Dinwiddie County Circuit Court, Virginia Document Filing Requirements

CRITICAL

Applies to

Motion to continue

Must include

proposed order

A motion to continue a scheduled and docketed hearing or trial must include a proposed order endorsed by opposing parties or counsel.

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.

CRITICAL

Applies to

Plea agreement

The Commonwealth must prepare sentencing guidelines and a guideline worksheet and submit them with the plea agreement.

The Commonwealth must prepare the sentencing guidelines and a guideline worksheet for submission with the plea agreement.

CRITICAL

Applies to

Motion

Must include

proposed order

The moving party must prepare a proposed order authorizing the court reporter and transcription and obtain opposing counsel’s endorsement.

The moving party must prepare a proposed order authorizing the court reporter and transcription and obtain endorsement of opposing counsel.

CRITICAL

Applies to

Verdict form

The plaintiff's counsel or an unrepresented plaintiff must prepare a verdict form.

It shall be the duty of counsel for the plaintiff or an unrepresented plaintiff to prepare a verdict form

CRITICAL

Applies to

Pretrial scheduling order

The parties must prepare the pretrial scheduling order for Term Day or for a case scheduled outside Term Day.

The parties shall prepare the pretrial scheduling orders for Term Day or when the case is scheduled outside of Term Day.

CRITICAL

Applies to

Show cause motion

For a matter involving a show cause, the motion and order to show cause must be filed for the Court to consider it.

If the matter involves a show cause, then the motion and order to show cause must be filed for the court to consider.

CRITICAL

Applies to

Proof of seminar attendance

If custody, visitation, or support is contested, the parents must show proof before trial that they attended the required educational seminar.

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.

CRITICAL

Applies to

Bond motion

A motion for bond pending appeal must be written and scheduled for a hearing separate from the sentencing hearing.

Motions for bond pending appeal must be filed in writing and scheduled for a hearing date separate from the sentencing hearing.

CRITICAL

Applies to

Pretrial scheduling order

Cases scheduled for jury trial require a pre-trial scheduling order and a conference for 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.

CRITICAL

Applies to

Bond appeal motion

A written bond-appeal motion must include a copy of the lower-court warrant.

A copy of the warrant from the lower court must accompany the written motion.

CRITICAL

Applies to

Indictment

The proposed amendment to the indictment must be written before the case is called for trial.

write the proposed amendment to the indictment prior to calling the case for trial.

CRITICAL

Applies to

Bond appeal motion

A bond-appeal motion must state the lower-court case number, next court date and hearing time, alleged-offense date, and current bond for each charge.

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.

CRITICAL

Applies to

Motion to reinstate case

A party seeking to reinstate a previously concluded chancery matter must file the motion to reinstate, an affidavit or sworn pleading, and an order to reinstate.

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.

CRITICAL

Applies to

Witness subpoena

Parties must subpoena witnesses and be prepared to proceed with trial regardless of the case's assigned position.

The Court expects each case to proceed regardless of assigned position, so the parties must subpoena witnesses and be prepared to proceed with trial.

CRITICAL

Applies to

Indictment

The Commonwealth must obtain a photocopy of the indictment from the Clerk or through OCRA before trial.

The Commonwealth must obtain a photocopy of the indictment from the clerk or through OCRA prior to the trial date

CRITICAL

Applies to

Proposed order

Must include

proposed order

A party noticing an appeal must file a proposed transcript-preparation order identifying the dates of each hearing and trial at issue.

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.

CRITICAL

Applies to

Pretrial conference brief

Counsel must complete, exchange, and file 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.

CRITICAL

Applies to

Guardian ad litem appointment motion

The parties must immediately file any Guardian ad Litem appointment request and state the basis for appointment in the motion.

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.

CRITICAL

Applies to

Proposed jury instructions

Counsel must exchange proposed jury instructions and provide copies or references 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.

CRITICAL

Applies to

Transportation order request

The Commonwealth must 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.

CRITICAL

Applies to

Transportation order request

Defense Counsel must complete and submit a transportation-order request for incarcerated clients to the clerk immediately after the hearing or scheduling date.

Defense Counsel shall complete and submit a request for Transportation Order for incarcerated clients to the clerk immediately after the hearing or scheduling date.

CRITICAL

Applies to

Motion

The listed motions must be filed in writing.

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.

CRITICAL

Applies to

Motion

A party seeking authorization for a court reporter at a District Court preliminary hearing must file a written motion detailing the pending charges and why testimony must be preserved.

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.

CRITICAL

Applies to

Court required worksheets and forms

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.

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.

CRITICAL

Applies to

Transportation order request

Defense counsel must complete and submit a transportation-order request to the clerk for an incarcerated defendant.

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.

CRITICAL

Applies to

Bond motion

A defendant must file a written motion for a bond motion.

Bond Motions are scheduled with the Commonwealth after filing a written motion by defendant with notice received by the clerk and Commonwealth's Attorney.

CRITICAL

Applies to

Continuance order

Counsel and the defendant will complete the form continuance order at the hearing for the Court to enter.

Counsel, and defendant will complete the form continuance order at the hearing for entry by the Court.

CRITICAL

Applies to

Trial exhibit and witness lists

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.

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.

WARNING

Applies to

Motion

A written motion and notice should be filed with the Clerk, with copies provided to opposing counsel.

A written motion and notice should be filed with the Clerk with copies to opposing counsel.

WARNING

Applies to

Court order

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.

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.

WARNING

Applies to

Witness subpoena request

The parties should request witness subpoenas immediately after in-court scheduling.

The parties should request witness subpoenas immediately following in-court scheduling of the case.

WARNING

Applies to

Medical records or reports

The Court should receive medical records or reports addressing the injuries, treatment, resolution, any permanent injury, and the need for future treatment.

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.

WARNING

Applies to

Guardian ad litem appointment hearing

If the parties disagree about appointing a Guardian ad Litem, they must schedule a hearing and give notice that they cannot agree.

If the parties disagree on the appointment, then they shall schedule a hearing upon notice that no agreement on the issue can be reached.

WARNING

Applies to

Criminal bench trial docket

If the parties reach an agreement, the Court expects them to present the written agreement and sentencing guidelines on a criminal bench trial docket before the scheduled jury trial.

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.

WARNING

Applies to

Motion

Motions should also include citations to any cases, statutes or Rules of court relied upon by the moving party.

Motions should also include citations to any cases, statutes or Rules of court relied upon by the moving party.

WARNING

Applies to

Motion response

Likewise, the party opposing the motion should provide a written response with citations.

Likewise, the party opposing the motion should provide a written response with citations.

WARNING

Applies to

Order to show cause

The Order to Show Cause must include the scheduled hearing date and time.

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.