Dinwiddie County Circuit Court, Virginia Pre-Motion Conference Requirements

CRITICAL

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.

CRITICAL

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.

CRITICAL

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.

CRITICAL

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.

CRITICAL

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.

CRITICAL

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.

CRITICAL

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.

CRITICAL

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.

CRITICAL

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.

WARNING

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.

INFO

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.

INFO

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.

INFO

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.

INFO

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.