Fairfax County Circuit Court Document Filing Requirements

Applies to

Petition for appointment of guardian conservator

Effective 7/1/2024, State form CC-1640 (Cover Sheet - Petition for Appointment of Guardian and/or Conservator) is required with filing.

*Effective 7/1/2024 State form CC-1640 (Cover Sheet - Petition for Appointment of Guardian and/or Conservator) is required with filing.

Applies to

Petition for appeal

The petition for appeal must contain assignments of error.

The Petition must contain assignments of error. Rule 5:17(c)

Applies to

Motion

Local counsel must file a motion to associate the out-of-state lawyer as pro hac vice counsel.

Motion to associate the out-of-state lawyer(s) as counsel pro hac vice

Applies to

Motion

Must include

proposed order

A proposed order granting or denying the motion must be filed.

Proposed Order (granting or denying the motion)

Applies to

Pro hac vice application

The original notarized application and two copies must be filed.

Original Notarized Application – plus two (2) copies

Applies to

Order of payment

Must include

certificate of service

A certification of service is required for the order of payment if the opposing party's signature cannot be obtained.

(NOTE – THIS IS NECESSARY IF SIGNATURE OF THE OPPOSING PARTY OR HIS/HER ATTORNEY CANNOT BE ACQUIR ED.)

Applies to

Request for court appointed interpreter

Must include

caption, case number, signature block

Unrepresented individuals seeking a court-appointed interpreter must complete CCR Form A-310 and State Form CC-1414 (petition to proceed without paying fees).

Obtain and complete the following forms: a. CCR Form A-310 (on the next 2 pages) b. State Form CC-1414, Petition for Proceeding in Civil Case without payment of fees or costs

Applies to

Petition for proceeding without payment of fees

Must include

caption

The fee waiver petition must include a signed affirmation by the petitioner that the statements are true, complete, and correct.

I hereby affirm that the statements on the attached Petition for Proceeding in Civil Case without Payment of Fees or Costs are true, complete and correct.

Applies to

Petition for proceeding without payment of fees

The petitioner's affirmation must be notarized (subscribed, sworn, and acknowledged before a notary public).

Subscribed to, sworn to and acknowledged before me, a Notary Public in and for the Commonwealth and County aforesaid on this ____ day of ______, 20___.

Applies to

Notice of appeal

The Notice of Appeal must be in writing and clearly state the date of the order being appealed and which court is being appealed to.

Notice of Appeal must clearly state: o The date of the order being appealed, and o Which court you are appealing to (the Court of Appeals or the Supreme

Applies to

Order

Orders submitted to the court must state that payment is to be directed and payable to the Clerk of the Circuit Court.

All Orders submitted must state that payment is to be directed and payable to the Clerk of the Circuit Court.

Applies to

Order

Interpleaded funds require an Order signed by a Judge before the Comptroller will accept them.

Any interpleaded funds, including infant settlements, require an Order signed by a Judge. The Comptroller cannot accept interpleader funds without a signed Order.

Applies to

Affidavit of identity of trust fund beneficiary

Before an Order is entered, the beneficiary or representative must file an Affidavit of Identity of a Trust Fund Beneficiary with the court.

Prior to an entry of an Order, the beneficiary or representative shall file an Affidavit of Identity of a Trust Fund Beneficiary with the court.

Applies to

Order of payment

Orders of Payment must include clear instructions on the amount, the payee, and the delivery address.

Clear instructions concerning the amount, the payee, and the delivery address are essential.

Applies to

Order of payment

The exact dollar amount of court costs and interest must be clearly and specifically stated in the Order of Payment.

The exact dollar amount of court costs and interest must be clearly and specifically stated in the Order of Payment and can only be deducted or paid from the appeal bond or any funds that are already held by the Clerk.

Applies to

Order of payment

An immediate-disbursement Order of Payment must be signed by all parties and state 'We Ask for This' or 'Seen and Agreed'.

If all parties agree to the disbursement and sign the Order of Payment stating: “We Ask for This” or “Seen and Agreed”.

Applies to

Judgment order

Disbursement authorization is never inferred from a Judgment Order; a judge must direct explicit disbursement instructions through a written Order.

Authorization to disburse funds will never be inferred from the Judgment Order. Explicit disbursement instructions must be directed by a Judge through a written Order.

Applies to

Calendar control order form

The moving party must complete the Calendar Control Order Form (available in Judges' Chambers and online) before contacting Calendar Control.

Prior to contacting Calendar Control, the moving party must complete the Calendar Control Order Form, which is available in Judges' Chambers and at the link below.

Applies to

Petition for appeal

The Petition for Appeal must indicate whether the appellant requests oral argument before a panel of judges.

Appellant must indicate whether oral argument before a panel of judges is requested.

Applies to

Written waiver of oral argument

Oral argument is automatically scheduled on appeals unless counsel sends written notification waiving the hearing or the Court summarily affirms the trial court.

Oral argument is automatically scheduled on appeals unless counsel sends written notification that counsel waives the hearing, Rule 5A:28 or the Court summarily affirms the trial court. Rule 5A:27.

Applies to

Pleading

The client identifier field is a required field in FSX for entering client billing reference information.

The “client identifier” field is a required field in FSX. This is where you should enter the reference information you use to keep track of costs incurred representing your client (the reference information you use when billing your time to a client).

Applies to

Interpreter request

Civil interpreter requests require completion of CCR Form A-310 and State Form CC-1414.

Proceedings The forms include: CCR Form A-310 (2pgs) Request for Court Appointed Interpreter for Civil Proceedings in the Circuit Court State Form CC-1414 Petition for Proceedings in Civil Case without payment of fees or costs. The form is available at this link: https://www.courts.state.va.us/static/forms/circuit/cc1414.pdf

Applies to

Term day praecipe

Counsel seeking a trial date must file a Term Day Praecipe to place the case on the Term Day docket.

Counsel desiring to set a trial date should file and serve a Term Day Praecipe placing the case on the Term Day docket.

Applies to

CCR Form A-310

Must include

signature block

Completed CCR Form A-310 must be forwarded to the Interpreter Coordinator.

**Please forward to the Interpreter Coordinator when completed**

Applies to

Written waiver of oral argument

Oral argument is automatically scheduled unless counsel sends written waiver notification or the Court affirms summarily.

Oral argument is automatically scheduled on appeals unless counsel sends written notification that counsel waives the hearing, Rule 5A;28, or the Court affirms the trial court summarily, see Rule 5A:27.

Applies to

Order

Orders for trust funds or infant settlements must not include date of birth, address, or social security number in the body of the Order.

Trust funds and/or infant settlements to be held by the Clerk should not include the date of birth, address, nor social security number in the body of the Order.

Applies to

Order

Deposited funds earn interest only if the Order includes language directing the Clerk to place the funds into an interest-bearing account.

Funds deposited with the Clerk's Office will not earn interest without language inserted into an Order that the Clerk shall place the funds into an interest-bearing account.

Applies to

Order of payment

Captions such as 'Seen' or 'Seen and Objected', and language such as 'forthwith' or 'immediately', are not acceptable in an Order of Payment.

Captions, such as “Seen”, “Seen and Objected”; or language such as “forthwith” and “immediately” are not acceptable.

Applies to

Order of payment

Garnishment disbursements do not require an agreed Order unless litigation is pending or there are questions about disposition of funds.

Garnishment disbursements do not require an agreed Order unless there is pending litigation in the case or any questions about the final disposition of funds.

Applies to

Calendar control order form

All information in PART ONE of the Calendar Control Order Form must be completed, accurately identifying the actual caller and including a current telephone number and email address for all counsel and/or pro se parties who will be calling in.

When completing the Calendar Control Order Form, all information in PART ONE of the form must be completed. The Calendar Control Order Form should accurately reflect who will be calling in to speak with the Calendar Control Judge. If one attorney is calling in on behalf of another attorney, the attorney that is actually calling in should be the one listed on the Calendar Control Order Form. A current telephone number and email address should be included for all counsel and/or pro se parties that will be calling in.

Applies to

Term day praecipe

Must include

certificate of service

The praecipe must include a certificate of mailing/delivery to all counsel and parties.

I also certify that on the ________ day of ____________________________, ________. I mailed or delivered a true copy of the foregoing praecipe to all counsel of record herein pursuant to the provisions of Rule 1:12 of the Rule of the Supreme Court of Virginia, and served a true copy upon parties not represented by counsel, if any.

Applies to

Pleading

Data indexed into File and ServeXpress takes the place of a case coversheet, and no cover letter is needed for most e-filed pleadings.

No, all data indexed by filer into File and ServeXpress takes the place of Case Coversheet information. Also, you do not need a cover letter for most eFiled pleadings, e.g., the Clerk's Office does not need a cover letter asking the Court to accept your attached pleading. The data you index into File and ServeXpress takes the place of the cover letter.

Applies to

Request for court appointed interpreter

A judge approves or denies the interpreter request; if denied, the requester must hire and pay for a Circuit Court-approved interpreter.

A Judge will approve or deny the request. If approved: The Interpreter Coordinator will make arrangements for an interpreter to be present at the hearing. If denied: The individual who submitted the request must make arrangements to hire and pay for an interpreter who has been approved by the Circuit Court.

Applies to

Deposit

Funds in condemnation, garnishment, and restitution cases may be deposited without a prior Order.

Funds deposited in condemnation, garnishment, and restitution cases do not require an Order prior to depositing with the Clerk's office.