Fairfax County Circuit Court Filing Timing and Cure Windows

The praecipe must be filed no later than 4:00 PM on the Tuesday prior to Term Day.

The Praecipe must be filed no later than 4:00 p.m. on the Tuesday prior to Term Day.

Deadline

30 calendar days

The Notice of Appeal must be filed within 30 days after entry of the final judgment or other appealable order.

Notice of Appeal is due 30 days after entry of final judgment or other appealable order §8.01-675.3

The original Notice of Appeal must be filed in the Clerk's office of the trial court.

Original Notice of Appeal is filed in the Clerk's office of the trial court. §17.1-407

Any motion for a delayed appeal must be filed in the Court of Appeals, not the trial court.

Any motion for a delayed appeal must be filed in the Court of Appeals. §19.2-321.1

Deadline

60 calendar days

The transcript is due 60 days after entry of the judgment or other appealable order.

Transcript is due 60 days after entry of judgment or other appealable order.

Deadline

55 calendar days

A Written Statement of Facts filed in lieu of a transcript must be filed in the trial court clerk's office within 55 days after entry of the judgment appealed.

Written Statement of Facts is filed in lieu of transcript and must be filed in the office of the clerk of the trial court within 55 days after entry of judgment appealed. Rule 5A:8(c)

Deadline

40 calendar days

The Petition for Appeal is due 40 days after the record is filed with the clerk of the Court of Appeals.

Due 40 days after record is filed with the clerk of the Court of Appeals. §17.1-408

The Petition for Appeal must be filed in the Clerk's office of the Court of Appeals.

Filed in the Clerk's office of the Court of Appeals.

Deadline

40 calendar days

The appendix and opening brief are due 40 days after the certificate of appeal from the Court of Appeals.

Due 40 days after the certificate of appeal from the Court of Appeals.

Deadline

25 calendar days

The appellee's brief is due 25 days after the opening brief is filed.

Appellee's brief is due 25 days after the opening brief is filed.

The FSX e-filing portal is available 24/7/365, but clerk review occurs during 8am-4pm Monday through Friday; Rule 1:17 applies to weekend and holiday submissions.

Yes. FSX eFiling Portal is available 24/7/365, including holidays. NOTE: The Clerk's Office still observes the 8am-4pm Monday through Friday schedule, and the clerk review of your eFiling will occur during those hours. The Rules of the Supreme Court, Rule 1:17 apply to weekend and holiday submissions.

E-filings submitted after court hours are reviewed by the clerk the next business day.

No. The Clerk’s Office must conduct its review process in order to apply the “time-stamp” electronic stamp, that you see as a “file stamp copy” from the counter. Timing matters here. If you eFile after court hours, inevitably it will be the next business day that the clerk reviews the filing.

Notices of appeal in civil cases must be filed with the Case Status Team in Suite 321.

Civil Appeals - Notices of Appeal to the Court of Appeals of Virginia and the Supreme Court of Virginia should be filed with the Case Status Team in Suite 321.

Applies to

Notice of appeal

The notice of appeal is due 30 days after entry of the final judgment or other appealable order or decree.

Due 30 days after entry of final judgment or other appealable order or decree.

Applies to

Transcript

The transcript is due 60 days after entry of final judgment.

Transcript due 60 days after entry of final judgment.

Applies to

Written statement of facts

A written statement of facts (in lieu of transcript) must be filed in the trial court clerk's office within 55 days after entry of the judgment appealed.

Written Statement of Facts: (in lieu of transcript) must be filed in the office of the clerk of the trial court within 55 days after entry of judgment appealed. See Rule 5:11(c) for additional requirements.

Applies to

Record

The trial court clerk must send the record to the Supreme Court within three months after entry of the judgment appealed.

Clerk of the trial court sends trial court record to the Supreme Court, within three (3) months after the date of entry of the judgment appealed from in accordance with Rule 5:13.

Applies to

Petition for appeal

The petition for appeal must be filed within three months after judgment is entered in the trial court.

Within three (3) months after judgment is entered in the trial court, the appealing party or his attorney must file a petition for appeal in the Supreme Court of Virginia. Rule 5:17.

Deadline

30 calendar days

Notice of appeal must be filed in the trial court clerk's office within 30 days after entry of final judgment.

File a Notice of Appeal with the trial court. Rule 5A:6 Due 30 days after entry of final judgment or other appealable order or decree. Original Notice of Appeal is filed in the Clerk's Office of the trial court

Deadline

60 calendar days

The transcript must be filed within 60 days after entry of final judgment.

Transcript due 60 days after entry of final judgment.

Deadline

60 calendar days

A written statement of facts (in lieu of a transcript) must be filed in the trial court clerk's office within 60 days after entry of the judgment appealed.

Written Statement of Facts: (in lieu of transcript) must be filed in the office of the Clerk of the trial court within 60 days after entry of judgment appealed.

Deadline

15 calendar days

The appellant must file a statement of questions presented and designation of appendix contents within 15 days after the trial court record is filed, in the Court of Appeals clerk's office.

Appellant to file statement of questions presented and designation of contents of appendix. Rule 5A:25 Due no later than 15 days after trial court record filed Filed in Court of Appeals clerk's office

Deadline

40 calendar days

The appendix and opening brief are due 40 days after the circuit court record is filed; seven copies must be filed and three copies sent to opposing counsel.

File appendix and opening brief. Rules 5A:19, 20 & 25 Due 40 days after circuit court record filed. Filed in the Court of Appeals clerk's office. Seven (7) copies must be filed; three (3) copies must be sent to opposing counsel.

Required

Always

The filing date and time of an electronically filed document is the date and time of electronic submission as reported by the System.

The date and time of the electronic submission, as reported by the System, will be considered the filing date and time of the document(s).

Confirmation of an electronic submission does not constitute acceptance by the court; documents remain subject to clerk review and may be rejected for defects.

CONFIRMATION OF AN ELECTRONIC SUBMISSION DOES NOT CONSITUTE ACCEPTANCE BY THE COURT.

Deadline

30 calendar days

Applies to

Notice of appeal

A Notice of Appeal must be filed in the Clerk's Office within 30 calendar days from the date the final judgment or appealable order was entered.

It must be filed in the Clerk’s Office within 30 calendar days from the date the final judgment or other appealable order was entered.

Deadline

1 calendar days

The completed Calendar Control Order Form must be submitted to Judges' Chambers no later than noon the day before the Calendar Control hearing.

The completed form must be submitted no later than noon the day prior to the Calendar Control hearing.

Transcripts must be filed in the Clerk's office of the trial court.

Transcripts are filed in the Clerk's office of the trial court.

The appendix and opening brief must be filed in the Court of Appeals Clerk's office.

Filed in the Court of Appeals Clerk's office.

Scanned documents that are skewed, blurry, or illegible may be rejected during clerk review.

Documents that are skewed, blurry, or illegible may be rejected during clerk review.

Documents filed after 3:30 PM on a court business day may not be reviewed until the next court business day.

Documents filed after 3:30PM on a normal court business day may not be reviewed until the next court business day.

Documents filed on holidays or weekends will not be reviewed until the next court business day.

Documents filed on holidays or weekends will not be reviewed until the next court business day

If the Court closes prematurely or unexpectedly (e.g., due to a weather event), documents will be reviewed when the Court returns to normal business operations.

From time to time, the Court may experience a need to close prematurely or unexpectedly, such as from a weather event, or other factor. Under these circumstances documents will be reviewed when the Court returns to normal business operations.

The Clerk's Office generally will not disburse funds for 31 days after an Order.

As a general rule, the Clerk's Office will not disburse funds for 31 days, because Orders can be vacated or modified for 21 days or overturned on appeal.

After an appeal, no funds are disbursed until the appeal concludes unless all parties provide a signed letter confirming the funds are not the appeal's subject.

Once an Order or case is appealed, we will not disburse any funds until the appeal is concluded unless all the parties provide a signed letter confirming that the funds in question are not the subject of the appeal and authorizing the Clerk's Office to disburse the funds.

Civil Term Day is normally held on the fourth Monday of the month.

Civil Term Day is normally held on the fourth Monday of the month.

If the fourth Monday is a holiday, Term Day is held on Tuesday.

In the event that Monday is a holiday, Term Day is held on Tuesday.

The e-filing System operates 24/7/365 and accepts filings at any time, but clerks review documents only from 8 AM to 4 PM Monday through Friday on court business days.

The System is designed to operate 24 hours a day, seven days a week, throughout the year (24x7x365). Users may file documents electronically at any time when the System is available. However, in Fairfax Circuit Court, clerks work from 8AM to 4PM on normal court business days, i.e., Monday through Friday.

Notifications of rejected submissions and other e-filing matters are provided through the eFiling System and/or via email.

Notifications of rejected submissions or other matters related to electronically-filed documents will be provided through the eFiling System and/or via email.

System interruptions may occur, and the Clerk will notify users of downtime as soon as possible and in advance when feasible.

Planned or unplanned interruptions in System availability may occur. Every effort will be made to minimize any downtime and the Clerk will notify users, as soon as possible and in advance, when feasible.

Deadline

90 calendar days

The Circuit Court Clerk sends the record on appeal to the appeals court within 90 days.

The Clerk sends the record to the appeals court within 90 days.

If all parties sign the Order of Payment stating 'We Ask for This' or 'Seen and Agreed', disbursement is immediate after the judge signs.

If all parties agree to the disbursement and sign the Order of Payment stating: “We Ask for This” or “Seen and Agreed”. The Clerk's Office will make an immediate disbursement after the Order is signed by a judge.

If an Order of Payment is entered without all parties' agreement, funds are released immediately upon a letter signed by all parties agreeing to the release.

If an Order of Payment is entered without the agreement of all parties, the Clerk's Office will release the funds immediately if presented with a letter signed by all the parties agreeing to release funds.

Disbursement on interest-bearing and Condemnation accounts occurs on the first working Wednesday after the signed order is received by the Accounting Department.

Disbursement on interest-bearing and Condemnation accounts will be made on the first working Wednesday after a copy of the signed order is received or provided to the Accounting Department.

Infant settlements are payable on the first Wednesday after the minor turns 18 years old.

Infant Settlements are payable the first Wednesday after the minor turns 18 years old.