Fauquier County Circuit Court, Virginia Document Filing Requirements

CRITICAL

Applies to

Jury instructions

Unless the Court waives compliance, counsel must submit all proposed jury instructions with the supporting authorities noted on them.

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.

CRITICAL

Applies to

Civil motion

A praecipe must be used to docket a civil motion.

Civil motions shall be docketed by using a praecipe.

CRITICAL

Applies to

Civil motion

All civil motions are to be placed on a Civil Motions Docket.

All civil motions are to be placed on a Civil Motions Docket.

CRITICAL

Applies to

Bond motions and appeals

Bond motions and appeals are filed without a praecipe and are scheduled by the Clerk as priority matters in coordination with the parties.

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.

CRITICAL

Applies to

Uncontested motion

Must include

proposed order

For an uncontested motion, the praecipe, motion, and any proposed order must be filed 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.

CRITICAL

Applies to

Motion

A motion must concisely state the relied-upon facts and requested relief, without legal authority.

A motion shall concisely set forth the facts relied upon and the relief requested (i.e. no legal authority).

CRITICAL

Applies to

Initial joint equitable distribution schedule

For an equitable-distribution pretrial conference, the parties must file an initial joint schedule identifying each disputed entry.

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.

CRITICAL

Applies to

Felony guilty plea

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).

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).

CRITICAL

Applies to

Praecipe

A praecipe must be filed with the Clerk at least seven (7) days prior to scheduling.

A praecipe must be filed with the Clerk at least seven (7) days prior to scheduling.

CRITICAL

Applies to

Criminal motion

Except for bond motions, criminal motions must be placed on the 1:00 p.m. Criminal Docket by praecipe, which must state time estimates.

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.

CRITICAL

Applies to

Parent education seminar completion proof

Proof of completing an approved Parent Education Seminar must be filed or brought to the pretrial conference.

Proof of completing an approved Parent Education Seminar shall be filed or brought to the pretrial conference.

CRITICAL

Applies to

Pendente lite hearing exhibits

As applicable, pendente lite hearing exhibits must include the listed income, insurance, childcare, expense, and support-guideline materials.

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.

CRITICAL

Applies to

Contested motion

For a contested motion, a 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.

CRITICAL

Applies to

Custody visitation pretrial conference filing

Each party must file a written custody/visitation pretrial filing, with specified custody and visitation information when applicable.

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.

CRITICAL

Applies to

Petition for expungement

A separate expungement petition is required for each matter for which relief is requested.

A separate Petition is required for each matter upon which relief is being requested.

CRITICAL

Applies to

Guardian ad litem report

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.

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.

CRITICAL

Applies to

Jury instructions

At the start of trial, counsel must tender the originals of agreed instructions and copies of contested instructions with appropriate citations.

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.

CRITICAL

Applies to

Motion to reconsider

A motion to reconsider cannot be docketed by praecipe; it must be filed with the Clerk and directed to the judge who ruled, and it may be docketed for oral argument only at the Court’s direction.

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.

CRITICAL

Applies to

Uncontested civil motion filing

For an uncontested civil motion, the praecipe, motion, and any proposed order 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.

CRITICAL

Applies to

Motion

Every motion must be supplemented by a supporting brief unless otherwise noted.

All motions shall be supplemented by a brief in support, unless otherwise noted below.

CRITICAL

Applies to

Pendente lite hearing exhibits

The pendente lite hearing exhibits must be provided to the Court immediately before the hearing.

The exhibits shall be provided to the Court immediately prior to the pendente lite hearing.

CRITICAL

Applies to

Motion

A motion must concisely state the relied-upon facts and requested relief, without including legal authority.

A motion shall concisely set forth the facts relied upon and the relief requested (i.e., no legal authority).

CRITICAL

Applies to

Motion

Motions must be supplemented by a supporting brief unless a separate requirement is noted below.

Pursuant to Rule 4:15(c), all motions shall be supplemented by a brief in support, unless otherwise noted below.

CRITICAL

Applies to

Order

The Order must designate a return date on a civil motions docket at 9:00 a.m., allowing sufficient time for service of process.

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.

CRITICAL

Applies to

Final joint equitable distribution schedule

In an equitable-distribution case, the parties must file a final joint schedule identifying each disputed entry.

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.

CRITICAL

Applies to

Motion to compel spreadsheet

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.

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.

CRITICAL

Applies to

Responsive pleading

Demurrers, pleas in bar, and other responsive pleadings that are not technically motions must follow the briefing requirements stated above.

Demurrers, pleas in bar, and other responsive pleadings that are not technically considered motions shall adhere to the briefing requirements set forth above.

CRITICAL

Applies to

Notice

Counsel and self-represented litigants must file a Notice with the Clerk at least seven days before the hearing certifying compliance with the exhibit-exchange requirement.

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.

CRITICAL

Applies to

Petition for rule to show cause

Must include

proposed order

A Rule to Show Cause petition must be made under oath, filed with the Circuit Court Clerk for direction to Judges’ Chambers, and accompanied by a proposed order for signature.

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.

WARNING

Applies to

Motion to compel spreadsheet

The moving party need not file a Spreadsheet if the responding party has filed no response to discovery.

No Spreadsheet shall be required by the moving party where the responding party has failed to file any response to discovery.

WARNING

Applies to

Supporting brief

The brief should identify the applicable legal authority and present argument(s).

The brief should identify the applicable legal authority and present argument(s).

WARNING

Applies to

Praecipe

If either party believes argument will exceed 20 minutes, the parties should note a time estimate on the praecipe.

Should either party believe argument on the motion will exceed 20 minutes, a time estimate should be noted on the praecipe.

WARNING

Applies to

Post trial filings

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.

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.

WARNING

Applies to

Praecipe

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.

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.

WARNING

Applies to

Praecipe

Criminal scheduling on the fourth-Monday docket occurs by indictment, filing a praecipe, or special setting by the Court.

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.

INFO

Applies to

Consent order

If the Commonwealth consents to the requested relief, a party may alternatively file a fully endorsed consent order with the Clerk for review and entry by Judges’ Chambers.

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.

INFO

Applies to

Praecipe

No praecipe is required to place the first return date on the docket for status or scheduling.

No praecipe is required to place the first return date on the docket, which shall be for status and/or scheduling.

INFO

Applies to

Brief

Briefs are not required for motions to continue, withdraw or substitute counsel, for bond, for standard discovery, or uncontested motions.

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.

INFO

Applies to

Praecipe

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

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

INFO

Applies to

Jury instructions

The rule does not prevent a party from offering additional instructions at trial.

This rule does not preclude the offering of additional instructions at the trial.

INFO

Applies to

Proposed criminal jury instructions

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.

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.

INFO

Applies to

Petition for expungement

Expungement petitions may be placed on the Civil Motions Docket.

Petitions for Expungement may be placed on the Civil Motions Docket.