Fauquier County Circuit Court, Virginia
Court-Level Rules, Filing Procedures & Policies
- Rules last changed:
Communication
Phone
Clerk
Document Format Requirements2 rules
In all motions to compel, and oppositions thereto, the parties shall file an excel-type spreadsheet (“The Spreadsheet”).
N. EXHIBITS: For all trials, exhibits shall have each page uniquely numbered, in sequential order, for ease of reference for the Court and the parties.
Document Filing Requirements42 rules
Civil motions shall be docketed by using a praecipe.
All civil motions are to be placed on a Civil Motions Docket.
If the motion is contested, a response or opposition brief to the motion shall be filed at least seven (7) days prior to the scheduled hearing.
A motion to reconsider may not be docketed by praecipe. A motion to reconsider must be filed with the Clerk and directed to the judge who ruled on the matter. Docketing the motion for oral argument will only be at the direction of the Court.
For an uncontested civil motion, a praecipe, motion and any proposed order must be filed at least seven (7) days prior to the scheduled hearing.
A motion shall concisely set forth the facts relied upon and the relief requested (i.e., no legal authority).
Pursuant to Rule 4:15(c), all motions shall be supplemented by a brief in support, unless otherwise noted below.
Demurrers, pleas in bar, and other responsive pleadings that are not technically considered motions shall adhere to the briefing requirements set forth above.
As applicable, pendente lite hearing exhibits must include the listed income, insurance, childcare, expense, and support-guideline materials.
Court's wording
Exhibits exchanged for pendente lite hearings shall include, as applicable: i. a party’s most recent W2 or 1099; ii. the last two pay statements; iii. evidence of periodic health insurance paid on behalf of the child(ren); iv. evidence of work-related childcare expenses; v. an income and expense statement; and vi. a complete proposed support guideline worksheet.
The exhibits shall be provided to the Court immediately prior to the pendente lite hearing.
Counsel or self-represented litigants shall file a Notice with the Clerk at least seven (7) days prior to the hearing certifying compliance with this requirement.
A separate Petition is required for each matter upon which relief is being requested.
A Guardian Ad Litem report in any guardianship, conservatorship, or infant settlement case shall be filed at least seven (7) days prior to the hearing.
The Order shall designate a return date, allowing sufficient time for the Petitioner to issue service of process, to any civil motions docket at 9:00 a.m.
The Spreadsheet must have at least four columns containing the specified discovery request, response, moving party’s basis, and a blank column for the Court.
Court's wording
The Spreadsheet shall include a minimum of four (4) columns: (Column 1) the verbatim interrogatory, document request and/or request for admission at issue; (Column 2) the responding party’s verbatim answer and/or objection; (Column 3) a summary of the moving party’s basis for requesting an order to compel; (Column 4) a blank column for the Court’s notes/ruling.
A Petition for a Rule to Show Cause shall be made under oath and filed with the Circuit Court Clerk to be directed to Judges’ Chambers, with an accompanying proposed Order for signature.
- Document
- Petition for rule to show cause
Must include
- •Proposed order
Unless the Court waives compliance, counsel must submit all proposed jury instructions with the supporting authorities noted on them.
Court's wording
Counsel of record, unless compliance is waived by the court, must, at least two (2) days before a civil jury trial date, submit to the Court a copy of all instructions the party proposes to request and noting thereon the authority or authorities relied upon for such instructions.
At the commencement of trial, counsel of record must tender the Court the originals of all agreed upon instructions and copies of all contested instructions with appropriate citations.
For an equitable-distribution pretrial conference, the parties must file an initial joint schedule identifying each disputed entry.
Court's wording
Pretrial Conference in Equitable Distribution: In addition to the applicable items above, in any case involving equitable distribution pretrial conferences, the parties must file, at least seven (7) days prior to the pretrial conference, an initial joint equitable distribution schedule highlighting each entry on which the parties disagree.
Proof of completing an approved Parent Education Seminar shall be filed or brought to the pretrial conference.
Each party must file a written custody/visitation pretrial filing, with specified custody and visitation information when applicable.
Court's wording
Pretrial Conference in Custody / Visitation: In addition to the applicable items above, in any case involving a custody / visitation pre-trial conference, each party must file, at least seven (7) days prior to the pretrial conference, a written pretrial conference filing. If custody is contested, each party shall identify whether legal custody (joint vs. sole) and/or physical custody is in issue. Each party shall set forth in writing the specific visitation proposed or sought in the following order: weekends, three-day weekends, mid-week, Thanksgiving, Christmas/winter break, spring break, Mother’s Day, Father’s Day, birthdays, summer, the expected date for notice for summer visits, telephone/video and any other special holidays or occasions. For each period of visitation, the specific start and stop times should be stated as well as any proposed travel arrangements.
In an equitable-distribution case, the parties must file a final joint schedule identifying each disputed entry.
Court's wording
L. EQUITABLE DISTRIBUTION AND DOMESTIC RELATIONS TRIALS: In any case involving equitable distribution, the parties must file, at least seven (7) days prior to trial a final joint equitable distribution schedule highlighting each entry on which the parties disagree.
Bond motions and bond appeals shall be filed with the Clerk without a praecipe and will be scheduled by the Clerk on the docket as priority matters in coordination with the parties.
A praecipe must be filed with the Clerk at least seven (7) days prior to scheduling.
A motion shall concisely set forth the facts relied upon and the relief requested (i.e. no legal authority).
For all felony guilty pleas, the Commonwealth’s Attorney must ensure the following are filed at least seven (7) days prior: i. a written plea memorandum or agreement, or guilty plea form; ii. a detailed, written proffer of facts; iii. if applicable, initialed copies of proposed amendments to warrants/indictments; iv. if applicable, a waiver of indictment; and v. if applicable, a Certification of Compliance with the Crime Victim and Witness Rights Act (Virginia Code §19.2-11.01).
Except for bond motions, all criminal motions are to be placed on a Criminal Docket at 1:00 p.m. by filing a Praecipe. Time estimates shall be noted on the praecipe.
All motions shall be supplemented by a brief in support, unless otherwise noted below.
For an uncontested motion, a praecipe, motion and any proposed order must be filed at least seven (7) days prior to the scheduled hearing.
- Document
- Uncontested motion
Must include
- •Proposed order
The brief should identify the applicable legal authority and present argument(s).
Should either party believe argument on the motion will exceed 20 minutes, a time estimate should be noted on the praecipe.
No Spreadsheet shall be required by the moving party where the responding party has failed to file any response to discovery.
In the specified contested domestic-relations cases, parties must prepare for possible ordered post-trial transcripts and cross-referenced findings, secure a court reporter, and not rely on the Court’s recording system.
Court's wording
Parties in contested domestic relations cases involving grounds of divorce, child custody, equitable distribution, spousal support and/or child support may expect the Court to require post-trial transcripts and proposed findings of fact and conclusions of law cross-referenced to the trial transcripts and exhibits. Parties are required to prepare their respective cases in anticipation of the Court ordering the above post-trial filings, to include securing a court reporter. Parties shall be responsible for securing a court reporter and shall not rely on the Court’s recording system for the preparation of transcripts.
Criminal scheduling will occur on the fourth (4th) Monday Criminal Docket at 1:00 p.m. by indictment, filing of a praecipe, or as specially set by the Court.
For cases already set for trial, a party may advance a case for entry of a guilty plea by filing a Praecipe, at least seven (7) days prior, to a Criminal Docket or as otherwise authorized by the Court.
Civil matters may be placed on the phone scheduling docket by the filing of a praecipe. Other matters may be scheduled without the need for a praecipe if
In the alternative to docketing the matter, if the Commonwealth is consenting to the relief requested, a party may file a fully endorsed consent order with the Clerk to be submitted to Judges’ Chambers for review and entry.
No praecipe is required to place the first return date on the docket, which shall be for status and/or scheduling.
Petitions for Expungement may be placed on the Civil Motions Docket.
This rule does not preclude the offering of additional instructions at the trial.
The following motions shall not require briefs: i. Motions to Continue; ii. Motions to Withdraw / Substitution of Counsel; iii. Motions for Bond; iv. Motions for Standard Discovery; v. Uncontested Motions.
For criminal trials, filing proposed criminal jury instructions before trial in the manner provided for civil instructions is advisory but strongly recommended as a best practice.
Court's wording
Parties are strongly encouraged to file proposed criminal jury instructions in advance of trial in the same method and manner as provided for civil jury instructions in Local Rule II.K.3 herein. For criminal trials only, this rule is advisory in nature. However, it is considered by the Court to be a best practice and is highly recommended.
Filing & Service rules
Electronic Filing Rules
Electronic and e-mail filing is prohibited unless authorized under Rule 1:17 and implemented by the Clerk, or authorized by another order.
No electronic or e-mail filing is permitted except as authorized by the Rule 1:17 of the Rules of the Supreme Court of Virginia and implemented by the Clerk of Court, or by other order.
Page 1 | A. ELECTRONIC FILING
Electronic and email filing are prohibited in criminal matters unless authorized by Rule 3A:23 and implemented by the Clerk of Court.
A. ELECTRONIC FILING: No electronic or e-mail filing is permitted except as authorized by the Rule 3A:23 of the Rules of the Supreme Court of Virginia and implemented by the Clerk of Court.
Page 10 | III. CRIMINAL FILING AND DOCKET PROCEDURES — A. ELECTRONIC FILING
Filing Timing and Cure Windows
A praecipe must be filed with the Clerk at least seven days before the phone scheduling docket for the scheduling request to be heard.
A praecipe must be filed with the Clerk at least seven (7) days prior to the phone scheduling docket in order for the scheduling request to be heard.
Page 2 | B. PHONE SCHEDULING
The praecipe, motion, and any proposed order for an uncontested civil motion must be filed at least seven days before the scheduled hearing.
For an uncontested civil motion, a praecipe, motion and any proposed order must be filed at least seven (7) days prior to the scheduled hearing.
Page 3 | D. DOCKETING OF CIVIL MOTIONS
For a contested motion, the response or opposition brief must be filed at least seven days before the scheduled hearing.
If the motion is contested, a response or opposition brief to the motion shall be filed at least seven (7) days prior to the scheduled hearing.
Page 3 | E. MOTIONS
A supporting brief must be filed at least fourteen days before the motion hearing.
The brief in support shall be filed at least fourteen (14) days prior to the hearing on the motion.
Page 3 | E. MOTIONS
Contested civil motions must be filed at least fourteen days before the scheduled hearing date unless the Court exempts them.
Contested civil motions must be filed at least fourteen (14) days prior to the scheduled motions hearing date, unless exempted by the Court.
Page 3 | D. DOCKETING OF CIVIL MOTIONS
The motion shall be filed at least fourteen (14) days prior to the scheduled motions day.
The motion shall be filed at least fourteen (14) days prior to the scheduled motions day.
Page 3 | E. MOTIONS
The Notice certifying compliance is due at least seven days before the hearing, and a late Notice may result in the motion being removed from the docket.
Counsel or self-represented litigants shall file a Notice with the Clerk at least seven (7) days prior to the hearing certifying compliance with this requirement. Failure to timely file a Notice may result in the removal of the motion from the docket.
Page 5 | F. PENDENTE LITE MOTIONS
The moving party’s Spreadsheet must be filed with the motion at least fourteen days before the hearing.
The Spreadsheet shall be filed with the motion at least fourteen (14) days prior to the hearing.
Page 6 | G. MOTIONS TO COMPEL
The Guardian Ad Litem report must be filed at least seven days before the hearing.
A Guardian Ad Litem report in any guardianship, conservatorship, or infant settlement case shall be filed at least seven (7) days prior to the hearing.
Page 6 | J. GUARDIAN AD LITEM REPORTS
An Opposition Spreadsheet must be filed at least seven days before the hearing.
An Opposition Spreadsheet shall be filed at least seven (7) days prior to the hearing.
Page 6 | G. MOTIONS TO COMPEL
Unless the Court waives compliance, proposed jury instructions must be submitted at least two days before the civil jury trial date.
Counsel of record, unless compliance is waived by the court, must, at least two (2) days before a civil jury trial date, submit to the Court a copy of all instructions the party proposes to request and noting thereon the authority or authorities relied upon for such instructions.
Page 7 | K. CIVIL TRIALS — 3. JURY INSTRUCTIONS
Each party must file the written custody/visitation pretrial conference filing at least seven days before the conference.
Pretrial Conference in Custody / Visitation: In addition to the applicable items above, in any case involving a custody / visitation pre-trial conference, each party must file, at least seven (7) days prior to the pretrial conference, a written pretrial conference filing.
Page 9 | Pretrial Conference in Custody / Visitation
The initial joint equitable-distribution schedule must be filed at least seven days before the pretrial conference.
Pretrial Conference in Equitable Distribution: In addition to the applicable items above, in any case involving equitable distribution pretrial conferences, the parties must file, at least seven (7) days prior to the pretrial conference, an initial joint equitable distribution schedule highlighting each entry on which the parties disagree.
Page 9 | Pretrial Conference in Equitable Distribution
The final joint equitable-distribution schedule must be filed at least seven days before trial.
L. EQUITABLE DISTRIBUTION AND DOMESTIC RELATIONS TRIALS: In any case involving equitable distribution, the parties must file, at least seven (7) days prior to trial a final joint equitable distribution schedule highlighting each entry on which the parties disagree.
Page 9 | L. EQUITABLE DISTRIBUTION AND DOMESTIC RELATIONS TRIALS
A praecipe must be filed with the Clerk at least seven days before scheduling.
A praecipe must be filed with the Clerk at least seven (7) days prior to scheduling.
Page 11
The required documents for a felony guilty plea must be filed at least seven days in advance.
For all felony guilty pleas, the Commonwealth’s Attorney must ensure the following are filed at least seven (7) days prior:
Page 12 | 2. PLEAS
For a contested motion, the praecipe, motion, and corresponding brief must be filed at least fourteen days before the scheduled hearing.
For a contested motion, a praecipe, the motion and the corresponding brief must be filed at least fourteen (14) days prior to the scheduled hearing.
Page 12 | 4. CRIMINAL MOTIONS
The filing for an uncontested motion is due at least seven days before the scheduled hearing.
For an uncontested motion, a praecipe, motion and any proposed order must be filed at least seven (7) days prior to the scheduled hearing.
Page 13 | E. MOTIONS
Recordation has a 3:30 p.m. cutoff.
Recordation Cutoff: 3:30 pm
Page 1 | Clerk of Court
For a case already set for trial, a party may seek to advance it for a guilty plea by filing a praecipe at least seven days before a Criminal Docket, unless the Court authorizes otherwise.
For cases already set for trial, a party may advance a case for entry of a guilty plea by filing a Praecipe, at least seven (7) days prior, to a Criminal Docket or as otherwise authorized by the Court.
Page 12 | 2. PLEAS
Service and Proof of Service Rules
Parties must exchange pendente lite hearing exhibits at least seven days before the hearing, must not file them with the Court, and untimely exchanged exhibits may not be considered.
In lieu of briefs, the parties shall exchange at least seven (7) days prior to the hearing, but not file with the Court, their exhibits, intended to be referenced at the pendente lite hearing. Exhibits that are not timely exchanged may not be considered.
Page 5 | F. PENDENTE LITE MOTIONS
Filing Bundling Requirements
The parties are encouraged, but not required, to file a Joint Spreadsheet at least fourteen days before the hearing.
Parties are strongly encouraged, but not required, to file a Joint Spreadsheet at least fourteen (14) days prior to the hearing.
Page 6 | G. MOTIONS TO COMPEL
Pre-Motion Conference Requirements
The listed motions do not require briefs unless the Court orders otherwise.
The following motions shall not require briefs, unless ordered by the Court: i. Motions for Modification of Custody, Visitation or Support; ii. Motions to Withdraw / Substitution of Counsel; iii. Motions to Continue; iv. Motions to Appoint a guardian ad litem; v. Motions for a Rule to Show Cause; vi. Motions for Presentment or Entry of an Order; vii. Motions to Stay for Bankruptcy Proceedings; viii. Uncontested motions.
Page 5 | E. MOTIONS
Chambers Communication Rules
Civil trials are scheduled by phone every Tuesday from 9:00 a.m. to 9:30 a.m.
Scheduling for civil trials will be conducted by phone scheduling every Tuesday from 9:00 a.m. - 9:30 a.m.
Page 1 | B. PHONE SCHEDULING
The parties must be on the phone together before calling for phone scheduling, unless one party has available dates from all parties.
The parties must be on the phone together prior to calling in for phone scheduling, unless one party has available dates from all parties.
Page 2 | B. PHONE SCHEDULING
After reasonable notice, the matter may be scheduled without a party who fails to participate in phone scheduling.
If, after reasonable notice, a party fails to participate in phone scheduling, the matter may be scheduled in their absence.
Page 2 | B. PHONE SCHEDULING
Civil phone scheduling uses 540-422-8101, and counsel and self-represented parties are expected to call and notify the Clerk’s Office that they are calling for civil phone scheduling.
All civil phone scheduling is conducted at the following number: 540- 422-8101. Counsel and self-represented parties are expected to call and advise the Clerk’s Office that they are calling in for civil phone scheduling.
Page 2 | B. PHONE SCHEDULING
Civil phone scheduling does not occur on a Tuesday that is a recognized holiday or another court-closure date.
If any Tuesday falls on a recognized holiday, or other date that courts are closed, phone scheduling will not occur.
Page 2 | B. PHONE SCHEDULING
Pretrial conference dates are selected when counsel select trial dates during Phone Scheduling.
The pretrial conference dates will be selected at the time counsel select their trial dates during Phone Scheduling.
Page 7 | K. CIVIL TRIALS — 4. PRETRIAL CONFERENCES
Parties requesting a trial may schedule it through the phone scheduling procedures in Section II.B.
Parties requesting a trial may schedule through the phone scheduling procedures outlined above in Section II. B.
Page 7 | K. CIVIL TRIALS