Dinwiddie County Circuit Court, Virginia Filing Timing and Cure Windows

CRITICAL

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.

CRITICAL

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.

CRITICAL

A hearing on a compensation board appeal is scheduled within 45 days.

15.2-1636.9 compensation board appeal 45 days for hearing

CRITICAL

Criminal advisement must occur at the first court session after arrest.

19.2-158 criminal advisement first court in session after arrest

CRITICAL

A juvenile program reconsideration hearing must occur within 30 days.

16.1-289.1 juv. Program reconsider hearing within 30 days

CRITICAL

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

CRITICAL

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

CRITICAL

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

CRITICAL

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.

CRITICAL

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

CRITICAL

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.

CRITICAL

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.

CRITICAL

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

CRITICAL

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.

CRITICAL

Deadline

72 hours

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.

CRITICAL

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.

CRITICAL

An obscene-book declaratory matter must be heard within two weeks of filing.

18.2-384 obscene book decl. two weeks from filing

CRITICAL

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

CRITICAL

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.

CRITICAL

FOIA cases must be heard within 7 days.

2.2-3713 FOIA heard within 7 days

CRITICAL

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.

CRITICAL

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.

CRITICAL

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.

CRITICAL

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

CRITICAL

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

CRITICAL

A county grievance application hearing must occur within 30 days.

15.1-1507 county grievance app hearing within 30 days

CRITICAL

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.

CRITICAL

Deadline

48 hours

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.

CRITICAL

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.

WARNING

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.

WARNING

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.

WARNING

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.

WARNING

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.