Fauquier General District Court, Virginia
Court-Level Rules, Filing Procedures & Policies
- Rules last changed:
Adjournments
- The Clerk grants a first continuance in an infraction case only when it is at least 10 days before the court date.
- Subsequent continuances in infraction cases are granted by a Judge in open court.
- A first continuance in a misdemeanor case is granted by a Judge in open court.
- A second or later felony continuance request, except one involving a certificate of analysis, must be docketed for court approval and supported by good cause.
- +34 more
Request must include
- Counsel of record may continue a misdemeanor or infraction matter by agreed order before its first scheduled court date, up until 3:00 p.m. two days before that date.
- An unrepresented defendant may request a continuance of a traffic infraction through the Clerk’s Office by phone or at its window, up until five days before the first return date and before the first scheduled court date.
Communication
Clerk
Phone
Clerk
Fax
Clerk
Document Format Requirements4 rules
PLEASE NOTE ON FRONT OF FILING IF USING PRIVATE PROCESS.
All attorney-issued subpoenas must be prepared by counsel on a form approved by the Virginia Supreme Court (available online and in the Clerk's Office).
- Attorneys
All court filings must conform to the Virginia Supreme Court Rules, hereinafter, “VSCR.” This includes the requirement that filings should be typed
a. The contract between the parties, if applicable, with relevant portions highlighted;
Document Filing Requirements97 rules
Credit will only be given for hours that are listed on the time sheet and that are verified by the Court.
The Community Service Time Sheet provided by the Court must be signed by your immediate supervisor at the non-profit agency or organization site(s) selected.
All court filings must be in the English language or have an applicable English language translation of the foreign language document(s) attached.
any counsel or unrepresented party who files a pleading with this Court shall sign it and state his/her address, telephone number, and e-mail address.
All counsel licensed to practice law in Virginia shall include their Virginia Bar number and email address.
Any written request to the Court for a non-administrative act related to a case or pending matter shall be made only by appropriate filing or pleading that conforms to all applicable VSCR and complies with the prohibition on ex-parte communications.
For jailable offenses, Agreed Orders will not be accepted – all motions must be docketed.
For any case set for trial, the Court will require a time estimate.
The defendant must file an Answer and Grounds of Defense when ordered; failure to file them may result in a default judgment for the plaintiff.
Court's wording
In addition, the Court will order pleadings to be filed requiring the plaintiff to file a Bill of Particulars and will order the defendant to file an Answer and Grounds of Defense. If the defendant fails to file an Answer/Grounds of Defense, the plaintiff may be awarded a Default Judgment.
The Court will not recognize or act on a different attorney's or firm's filing until a properly executed substitution-of-counsel order has been entered.
Court's wording
When an attorney/firm has already entered an appearance as counsel of record on behalf of a party, or if counsel has already been appointed for a party, the Court will not recognize or act upon a filing by a different attorney/firm unless and until a properly executed substitution of counsel order has been entered by the Court.
Agreed Orders to Withdraw in civil, traffic, and non-jailable criminal matters will only be accepted if all parties, including the client for the withdrawing attorney has endorsed the Order.
Any certification requirements pursuant to VSCR 1:12 continue to apply, including notice to the Commonwealth, unless exempted by statute.
The plaintiff must file a Bill of Particulars when ordered; failure to file it may result in dismissal without prejudice.
Court's wording
In addition, the Court will order pleadings to be filed requiring the plaintiff to file a Bill of Particulars and will order the defendant to file an Answer and Grounds of Defense. If the plaintiff fails to file the Bill of Particulars, the matter may be dismissed without prejudice.
This also means that any counsel of record remains counsel of record, with all related duties and obligations, unless and until an order of substitution is entered by the Court or counsel is otherwise granted leave to withdraw.
A proposed consent order must be properly endorsed by all parties.
Proposed agreed orders must be compliant with the VSCR.
Any party submitting a request for a reconsideration hearing must submit a written motion stating the reasons for his/her request for a hearing with copy to the opposing party.
Any request for the issuance of an alias summons, must be accompanied by the Sheriff’s fee, as well as the appropriate number of copies of the pleading to be served.
Plaintiff who indicates that he/she is unable to ascertain Defendant’s military status will be required to proffer Plaintiff’s diligent efforts to ascertain the status.
While it is not necessary to provide the entire chain of title to the account in the name of the plaintiff, the style of the case must contain the names of both the present creditor and the original creditor.
The plaintiff must be prepared to prove account ownership and its chain of title with particularized documentation of all assignments to the ultimate plaintiff.
Court's wording
Plaintiff must be prepared to prove ownership of Plaintiff’s account, including its chain of title, and to present documentation of all of the assignments which resulted in the ownership of the Plaintiff’s account (with particularity) by the ultimate plaintiff in the case.
The form must be completely filled out with all appropriate boxes checked.
The affidavit must be filed with the initial pleadings for each civil filing and for each Defendant.
To obtain default judgment at the civil return docket, the plaintiff must prefile all supporting documents; documents not filed before the first return date will result in the matter being reset for review.
Court's wording
In order to obtain Default Judgement at the civil return docket, the Plaintiff must prefile all supporting documents. The Court will not review documents in support of default judgment from the bench. Matters in which documents have not been filed in advance of the first return date will be reset for entry of default judgment to allow the Court time to review the additional documents.
If charges from the original creditor include interest at a rate in excess of the judgment rate, fees, such as over limit charges, or other charges that do not reflect purchase or cash advances, the creditor must document the rules and regulations to which the debtor agreed to be bound, either by written agreement, or by card or account usage.
The Court requires the landlord to provide at least the following documents at the time of filing in order to obtain default judgment: c. Any and all notices (pay/cure/quit/terminate) provided to the tenant prior to filing;
The Court requires the landlord to provide at least the following documents at the time of filing in order to obtain default judgment: b. The original lease (or other applicable contract) with late charge and attorney fee provisions highlighted;
The Court requires the landlord to provide at least the following documents at the time of filing in order to obtain default judgment: a. A signed Statement of Rights and Responsibilities by the tenant, or proof of service thereof to the tenant;
The plaintiff or plaintiff’s counsel shall, on the return date, be in possession of sufficient documentation of the claim, to enable the defendant to recognize the nature of the obligation, and the manner in which the balance claimed was determined. At a minimum, the plaintiff should be prepared to present an invoice from the original creditor, on the creditor’s billing form, or some other documentation by any creditor in the chain showing actual usage, in the case of a credit card account.
If the defendant disputes being the debtor or having dealings with the original creditor, the plaintiff must be able to produce documentation connecting the defendant to the account or original contract.
Court's wording
If the defendant claims not to be the correct debtor, or not to have any account or dealings with the original creditor, the plaintiff must be able to produce documentation showing that the defendant signed a contract, used the credit card in question, or in some other manner was the party that contracted with the original credit grantor.
If documentation is not sufficient, judgment will not be granted, even if the defendant fails to answer to the Bill of Particulars.
Pleadings must provide the basis for the claim (contract, note, contract, card usage, etc), a breakdown of debits and credits, showing how the balance was determined, and appropriate documentation to support the claim.
The Praecipe must include counsel’s full name, mailing address, and phone number.
All pleadings must be signed by counsel of record (or the pro se plaintiff) and include the addresses of all parties.
Two affidavits for service of process must be provided (DC-410) along with a postage prepaid envelope addressed to the defendant and a certified mailing card.
The Affidavit of Service of Process and postage prepaid envelope addressed to the Defendant are required.
Counsel, or any pro se party, is responsible for identifying on the pleading the jurisdiction in which service is to be performed.
When the defendant is a corporation, the plaintiff is required to provide the Court with the name and address of the registered agent for the
The plaintiff must prepare the Show Cause Summons or Capias and file it
The written request must be accompanied by a self-addressed, stamped envelope for the transmission of the Abstract to counsel.
A judgment must be released in writing; verbal notice is insufficient, and a Praecipe or form DC-458 is an acceptable method.
Court's wording
The Code requires plaintiffs to release a judgment in writing. It is not enough to advise the Court verbally that the judgment is paid. It must be marked released/satisfied within 30 days of payment. A Praecipe or form DC-458 available online at www.vacourts.gov, will suffice.
Prior to obtaining a judgment against the garnishee for failing to file an Answer, the plaintiff must provide ex- parte evidence of the garnishee’s obligation to the judgment debtor, as required by statute.
If an attorney notes an appearance, the attorney must file a Praecipe including a time estimate for the hearing.
All petitions must be accompanied by Plaintiff’s sworn affidavit in support of the request for protection.
For a Warrant in Debt, the plaintiff must produce the listed contract, debt-accounting or card-usage evidence, attorney-fee affidavit, and applicable debt-transfer affidavits.
Court's wording
B. Warrants in Debt: Court requires the plaintiff to produce at least as follows: a. The contract between the parties, if applicable, with relevant portions highlighted; b. An accounting history and/or evidence of card usage if the suit is for unpaid debt; c. The attorney’s fees affidavit setting forth the reasonableness of the fees and the authority for the award; and d. Any and all affidavits evidencing transfer of debt ownership, if applicable.
A certification indicating that the respondent/subject of a protective order has complied with the law requiring surrender shall be filed with the Court within 48 hours of issuance of the Protective Order.
Motions to amend/dissolve protective orders must be filed in writing at the Clerk’s Office and docketed for a hearing.
Where statutory or Virginia Supreme Court authority permits a remote appearance in a civil matter, the party must submit a written Webex request to the Court; the request is treated as a motion and is granted only in the Court’s discretion.
Court's wording
Remote appearances (audiovisual or telephonic) are only permitted in civil matters as may be authorized by statute or by order of the Virginia Supreme Court. If and when such legal authority exists, a party requesting a remote appearance must submit a written request to the Court for permission to appear via Webex no less than two business days prior to the applicable court appearance. The form is available at the clerk’s office and attached hereto as an appendix. Such request is considered a motion, subject to all applicable VSCR. Granting any such request is in the Court’s sole discretion.
At trial, the affidavit and any other relevant evidence of attorney’s fees must be presented as part of the case in chief.
As part of default or summary judgment, the affidavit and any other related evidence of attorney’s fees must be presented at the time that judgment is requested.
Evidence in support of a request for attorney’s fees in a civil matter must be presented by a proper attorney’s fees affidavit and an accompanying statement of account or other itemization of time and costs allocated to the matter, if appropriate.
Self-represented litigants must submit a completed DC-325 or Subpoena Duces Tecum request to the Clerk’s Office with the witness’s name and physical address, not a P.O. Box; incomplete requests will be rejected.
Court's wording
Self-represented litigants must fill out a Request for Witness Subpoena (form DC-325) or the Subpoena Duces Tecum and submit to the Clerk’s Office, fully completed with the witness’ name and physical address (no P.O. Box) in order for the Clerk to issue the subpoena for service. Requests for subpoenas that fail to provide complete information will be rejected.
A copy of the summons and, if the summons is to be served by the Sheriff, payment for all service fees, must be mailed or delivered to the Clerk's Office on the date of issuance by the attorney, together with a certificate of service.
- Document
- Attorney issued subpoena
Must include
- •Certificate of service
Attorney-issued subpoenas to be transmitted by Sheriff's Service must be accompanied by a transmittal sheet containing all pertinent information.
For a Subpoena Duces Tecum, a specific list of documents being requested must be provided.
If the accused requests court-appointed counsel, the accused will be required to provide a financial statement for the Court to determine eligibility.
If the subpoena is to be served by private process, please note this with the subpoena request at the time it is filed.
The Court’s decision with respect to bond may be appealed to the Circuit Court by either party so long as it is properly noted in the Clerk’s Office
When either party requests a formal Order of Discovery, such motion shall be filed with the Clerk’s office for docketing.
Requests for remote hearings must be submitted in writing to the Court using the form provided herein with at minimum two days’ advance notice.
In any felony matter in which the Commonwealth elects to amend or modify the felony charge, the parties shall provide the applicable code section and the VCC code.
Any such case that involves a blood draw will not be scheduled for trial on a blood sample evidence docket unless and until both parties affirm to the Court that the matter is ripe for trial and no further continuance requests are expected.
The listed remote/video appearances require written consent from both parties.
Court's wording
Remote/video appearances are only permitted in the following and require written consent by both parties: i. Pretrial matters; ii. Entry of a plea of guilty or no contest and the related sentencing of the Defendant charged with a misdemeanor; iii. Entry of a nolle prosequi; or iv. Revocation proceedings under §19.2-306.
For pleas with a recommended jail sentence, the attorney for Defendant must complete the Delayed Report Order, obtain the defendant’s signature, and return the order to the Court prior to the remote hearing.
A post-court request for restricted driving privileges or modification must include a valid driver transcript/history current within seven days, or it will not be considered.
Court's wording
Any petition filed after court requires the driver to provide a valid driver transcript/history from the licensing state’s department of motor vehicles, current within seven days, to accompany any request made for restricted driving privileges or a modification of the same. Any restricted driving privilege request made without a proper driver transcript will not be considered.
Any restricted driving privilege request, modification or motion made after the date of conviction/suspension, must also include the following: i. DMV Compliance Summary ii. Letter of good standing from VASAP/ACS (if applicable) iii. Copy of any court order for child visitation/custody (if applicable)
Filing & Service rules
Electronic Filing Rules
Appeals from the General District Court to the Circuit Court shall be noted in person in the Fauquier County General District Court Clerk’s Office within 10 calendar days of the final order.
Appeals from the General District Court to the Circuit Court shall be noted in person in the Fauquier County General District Court Clerk’s Office within 10 calendar days of the final order.
Page 12 | G. Appeals
Attorneys of record may file a Notice of Appeal electronically.
Attorneys of record may file the Notice of Appeal electronically but must confirm receipt with the Clerk’s Office before the expiration of the deadline.
Page 12 | G. Appeals
Filings, pleadings, and orders may be submitted by fax or email using the listed contact details.
Filings, pleadings, and/or orders may be submitted via facsimile to (540) 422-8033 or submitted by email to: fauquiergd@vacourts.gov.
Page 9 | General Practice
Filing Timing and Cure Windows
The completed community service time sheet must be filed with the court by the due date.
You are responsible for filing the completed time sheet with the Fauquier County General District Court by the due date.
Page 1 | GUIDELINES TO COMPLETE COMMUNITY SERVICE TO SATISFY FINES AND COSTS
An emergency-labeled filing is received but not docketed by the Clerk, promptly brought to an available judge, and assessed by that judge for emergency status, procedural exemption, or priority treatment.
Any filing labeled or identified as an Emergency will be received by the Clerk but not docketed and brought forthwith to the attention of an available judge. The reviewing judge will assess the filing on its face and determine if such matter qualifies as an emergency and is otherwise entitled to exemption from the procedures herein or other priority treatment.
Page 10 | Best Practices — Emergency Matters
A party authorized to issue an alternative process at a civil return must file that process by the court-set deadline; failure to do so results in dismissal without prejudice.
If a party appears for a civil return and requests authorization for an alternative process to issue, such as an Alias process, a Rule to Show Cause, or a Capias, and that party fails to file such process by the deadline set by the court, such matter(s) will be dismissed, without prejudice.
Page 10 | SECTION II: CIVIL PRACTICE
A motion to withdraw must be docketed for the Motions Docket as soon as practicable after the basis for the motion is discovered.
Motions to Withdraw must be docketed on the court’s calendar to be heard on the Motions Docket as soon as practicable once the basis for the Motion has been discovered.
Page 10 | Best Practices — Appearances in a Pending Matter
An emergency matter may be docketed only at the direction or authorization of the reviewing judge.
Such matters will only be docketed at the direction/authorization of the reviewing judge.
Page 10 | Best Practices — Emergency Matters
Motion notice time runs from receipt by the Court or other party, not from when the filing party sends the motion.
For all motions, notice time is calculated from when the motion is received by the Court or other party, not from when it is sent by the filing party.
Page 11 | D. Pre-Trial Motions, Generally.
Appeals from the General District Court to the Circuit Court shall be noted in person in the Fauquier County General District Court Clerk’s Office within 10 calendar days of the final order.
Appeals from the General District Court to the Circuit Court shall be noted in person in the Fauquier County General District Court Clerk’s Office within 10 calendar days of the final order.
Page 12 | G. Appeals
Counsel or a pro se party must file pleadings early enough to allow timely service.
Counsel, or any pro se party, is responsible for filing such pleadings sufficiently in advance for service to be timely effectuated.
Page 18 | 4. Filing Suit and Other Civil Pleadings — Service, Sheriff’s Office
The Show Cause Summons or Capias must be filed early enough for processing and service before the new court date.
with sufficient time to allow for processing and service before the new court date.
Page 19 | 9.A. Debtor’s Interrogatories
For a same-day ex parte hearing, petitioners must submit the PPO application to the clerk’s office by 2:30 p.m.; later submissions receive a hearing the next business day.
Petitioners seeking an ex parte hearing on the same day of filing must submit the PPO application to the clerk’s office by 2:30 p.m. Petitions submitted after 2:30 will receive an ex parte hearing the next business day.
Page 20 | 10.B. Preliminary Protective Orders
A judgment must be marked released or satisfied within 30 days of payment.
It must be marked released/satisfied within 30 days of payment.
Page 20 | 9.D. Release of Judgment
The compliance certification must be filed within 48 hours after issuance of the protective order.
A certification indicating that the respondent/subject of a protective order has complied with the law requiring surrender shall be filed with the Court within 48 hours of issuance of the Protective Order.
Page 21 | C. Final Protective Orders
A written request for a remote appearance must be submitted at least two business days before the applicable court appearance.
If and when such legal authority exists, a party requesting a remote appearance must submit a written request to the Court for permission to appear via Webex no less than two business days prior to the applicable court appearance.
Page 21 | 12. Remote / Video Appearances
A Praecipe for a first agreed continuance must be filed with the Clerk by 4:00 p.m. on the Monday before the scheduled trial date.
The Praecipe must be filed in the Clerk’s Office no later than 4:00 p.m. on the Monday prior to the scheduled trial date.
Page 22 | 7. Continuance Guidelines for Civil Matters — B. Civil Matters on the Trial Docket
If the defendant appears and contests the case on the first return date, the case will be set for trial and disposed of within 90 days.
If the defendant appears on the first return date and contests the case, the case will be set for trial and disposed of within 90 days.
Page 22 | 7. Continuance Guidelines for Civil Matters — A. Civil Matters on the Return/Status Docket
An Agreed Order for a first agreed continuance may be submitted to the Court by 4:00 p.m. on the Monday before the scheduled trial date.
The parties may submit an Agreed Order to the Court no later than 4:00 p.m. on the Monday prior to the scheduled trial date.
Page 22 | 7. Continuance Guidelines for Civil Matters — B. Civil Matters on the Trial Docket
Contested civil cases on the trial docket are to be finalized within 90 days of filing.
Contested cases are to be finalized within 90 days of case filing.
Page 22 | 7. Continuance Guidelines for Civil Matters — B. Civil Matters on the Trial Docket
Uncontested civil cases on the trial docket are to be finalized within 60 days of filing.
Uncontested cases are to be finalized within 60 days of case filing.
Page 22 | 7. Continuance Guidelines for Civil Matters — B. Civil Matters on the Trial Docket
The required summons materials must be mailed or delivered to the Clerk’s Office on the date the attorney issues the subpoena.
A copy of the summons and, if the summons is to be served by the Sheriff, payment for all service fees, must be mailed or delivered to the Clerk's Office on the date of issuance by the attorney, together with a certificate of service.
Page 23 | 8. Incidents of Trial — C. Subpoenas
A request for the Clerk to arrange a court-certified interpreter must be made at least ten days before trial.
The Clerk will make arrangements for a court certified interpreter if a request is made at least ten days before trial.
Page 24 | 8. Incidents of Trial — E. Interpreters
Attorneys are encouraged to file witness subpoenas for Sheriff’s service as early as possible and, as a general rule, must allow at least 14 days for processing and service within the jurisdiction, plus time for proper and timely notice to the recipient.
When using the Sheriff’s Office for service, attorneys are encouraged to file witness subpoenas as far in advance of the hearing date as possible. While the Clerk’s Office makes every effort to process requests as expeditiously as possible, as a practical matter, witnesses must be given reasonable notice. This requires advance planning on the part of the requesting party. As a general rule, counsel requesting Sheriff’s service on witness subpoenas must allow at least 14 days for court processing and service within the jurisdiction, in addition to the time necessary to provide the recipient with proper and timely notice.
Page 24 | 8. Incidents of Trial — C. Subpoenas
Court-appointed counsel must submit digital EVPS timesheets or paper forms to the Clerk’s Office within 30 days after the matter concludes for payment approval.
Digital timesheets through EVPS or paper forms must be submitted to the Clerk’s Office within 30 days of conclusion of the matter in order for payment to be approved.
Page 32 | SECTION III: CRIMINAL PRACTICE
A bail/bond motion may be placed on the docket for next day hearing so long as it is filed with the Court and with a copy to the Commonwealth Attorney by 3:00 p.m. on the day prior to the hearing day requested.
A bail/bond motion may be placed on the docket for next day hearing so long as it is filed with the Court and with a copy to the Commonwealth Attorney by 3:00 p.m. on the day prior to the hearing day requested.
Page 32 | SECTION III: CRIMINAL PRACTICE
A Motion for Discovery must be filed no later than 10 days before the scheduled trial and/or preliminary hearing.
The Motion for Discovery must give notice to the prosecutor and be filed no later than 10 days before the scheduled trial and/or preliminary hearing date.
Page 34 | SECTION III: CRIMINAL PRACTICE
A remote-hearing request must be submitted at least two days before the hearing.
Requests for remote hearings must be submitted in writing to the Court using the form provided herein with at minimum two days’ advance notice.
Page 35 | J. Remote/Video Appearances
The Delayed Report Order must be returned to the Court before the remote hearing.
For pleas with a recommended jail sentence, the attorney for Defendant must complete the Delayed Report Order, obtain the defendant’s signature, and return the order to the Court prior to the remote hearing.
Page 35 | J. Remote/Video Appearances
Counsel must promptly file an attorney-issued witness subpoena with the Court, regardless of the method of service.
Counsel shall forthwith file any such subpoena with the Court, regardless of how service is effectuated.
Page 39
Counsel requesting Sheriff’s service of witness subpoenas generally must file the request at least 14 days before trial.
As a general rule, counsel requesting Sheriff’s service of witness subpoenas must file the request for witness subpoenas at least 14 days in advance of trial to provide time for processing and service, in addition to the time necessary to provide the recipient with proper notice.
Page 39
Document subpoenas must be filed 21 days in advance to allow time for processing, service, and compliance.
Similarly, document subpoenas must be filed 21 days in advance to allow reasonable time for processing and service, as well as a sufficient time period for compliance in accordance with the Virginia Rules.
Page 39
The original traffic-school completion certificate must be submitted to the Court before the deadline.
c. Submit the original certificate to the Court before the deadline;
Page 43
The motion to apply for community service must be submitted on or within 90 days after the trial date.
To apply to perform community service, the defendant must submit a motion to the Court on or within 90 days after the trial date.
Page 43 | Post-Conviction
Service and Proof of Service Rules
Any email to the clerk’s office must copy all other counsel or opposing self-represented litigants.
Any email sent to the clerk’s office must be copied to all other counsel or opposing self-represented litigants.
Page 9 | SECTION I: GENERAL PRACTICE
A motion to withdraw must give notice to all parties, including the withdrawing attorney's client, and indicate that notice in the Certificate of Service.
Motions to Withdraw must notice all parties, including the withdrawing attorney’s client such notice must be indicated in the Certificate of Service in accordance with the Rule 1:5(d) of the Supreme Court.
Page 10 | Best Practices — Appearances in a Pending Matter
When the appearing party or counsel represents that the parties agreed to schedule or continue the matter, the appearing party or counsel must promptly send the opposing party written notice of the next court date and any related deadlines ordered at the return hearing.
If only one party/counsel of record appears for a civil return and represents to the Court that, by agreement, the matter is to be scheduled or otherwise continued, then the appearing party/counsel of record is required to forthwith send written notice to the opposing party of the next court date and of any related deadlines ordered by the Court at the civil return hearing.
Page 10 | SECTION II: CIVIL PRACTICE
Unless a statute provides an exemption, a copy of each motion must be provided to the opposing party or counsel when the motion is filed, subject to VSCR 1:12.
Unless exempted by statute, a copy of any motion filed with the Court are subject to VSCR 1:12 and must be provided to the opposing party/counsel at the time of filing.
Page 11 | D. Pre-Trial Motions, Generally.
A copy of a written motion requesting a reconsideration hearing must be provided to the opposing party.
Any party submitting a request for a reconsideration hearing must submit a written motion stating the reasons for his/her request for a hearing with copy to the opposing party.
Page 12 | F. Motions to Reconsider
If a corporation has no registered agent, the plaintiff must provide an officer’s name and address for service and may not use an employee’s name.
If there is no registered agent, the plaintiff must provide the Court with the name and address of an officer of the corporation to be served. Plaintiff may not use an employee’s name for service on a corporation.
Page 13 | Filing Suit and Civil Pleadings — Self-Help
For pleadings requiring service, the plaintiff must provide the correct number of service copies and instructions for forwarding them to the appropriate sheriff.
If pleadings require service, the plaintiff is required to provide the correct number of service copies, together with instructions for forwarding service copies to the appropriate sheriff.
Page 17 | 4. Filing Suit and Other Civil Pleadings
The plaintiff must comply with applicable laws governing service of process and other notice requirements for each defendant.
Each defendant is entitled to proper notice. The plaintiff is required to abide by all laws with respect to service of process and all other notice requirements set forth by law.
Page 17 | 4. Filing Suit and Other Civil Pleadings
The plaintiff must ensure that all statutory service requirements applicable to the case are met.
Service requirements are statutorily mandated and the plaintiff must ensure that all service requirements applicable to any particular case have been met.
Page 18 | 4. Filing Suit and Other Civil Pleadings — Service
Publication service is governed by statute, its fees are paid directly to the newspaper, and proof of publication service must be filed with the clerk before the first return.
Service by publication is governed by statute. Fees are payable directly to the newspaper. Proof of service via publication shall be filed with the clerk prior to the first return.
Page 18 | 4. Filing Suit and Other Civil Pleadings — Service, Service by publication
The moving party must give proper notice to the opposing party when seeking to amend or dissolve a protective order.
The moving party must give proper notice to the opposing party and appear before the court to request the amendment or dissolution.
Page 21 | D. Motion to Amend or Dissolve Protective Order
A party may docket a civil motion or other pretrial request by giving the court and opposing party at least seven days’ advance written notice, unless another provision or statute states otherwise.
Civil motions or other pre-trial requests for court action in a civil case may be placed on the docket by a party providing at least seven days advance written notice to both the court and the opposing party, unless otherwise stated herein or by statute.
Page 21 | 6. Civil Motions and Docketing of Pre/Post-trial Matters
The Praecipe shall have been mailed to all parties;
The Praecipe shall have been mailed to all parties;
Page 22 | 7. Continuance Guidelines for Civil Matters — B. Civil Matters on the Trial Docket
A copy of a bail or bond motion seeking a next-day hearing must be provided to the Commonwealth Attorney by 3:00 p.m. on the preceding day.
A bail/bond motion may be placed on the docket for next day hearing so long as it is filed with the Court and with a copy to the Commonwealth Attorney by 3:00 p.m. on the day prior to the hearing day requested.
Page 32 | SECTION III: CRIMINAL PRACTICE
If the Court takes action and issues process for a pretrial violation, the defendant will be served and arraigned.
If the court takes action and issues process, the defendant will be served and arraigned.
Page 33 | SECTION III: CRIMINAL PRACTICE
A party appealing a bond decision must provide notice to the Commonwealth.
The Court’s decision with respect to bond may be appealed to the Circuit Court by either party so long as it is properly noted in the Clerk’s Office and notice is provided to the Commonwealth.
Page 33 | SECTION III: CRIMINAL PRACTICE
A copy of a Motion for Discovery must be provided to the prosecutor when the motion is filed with the Court.
Upon filing a Motion for Discovery with this Court and a copy to the prosecutor, as provided in Virginia Supreme Court Rule 7C:5,
Page 34 | SECTION III: CRIMINAL PRACTICE
A Motion for Discovery must give notice to the prosecutor and be filed at least 10 days before the scheduled trial and/or preliminary hearing.
The Motion for Discovery must give notice to the prosecutor and be filed no later than 10 days before the scheduled trial and/or preliminary hearing date.
Page 34 | SECTION III: CRIMINAL PRACTICE
An extension request concerning restitution payment must include proper notice to the Commonwealth Attorney’s office.
If defendant cannot pay within the ordered timeframe, any request for an extension must be docketed for hearing at 11:30 a.m. with proper notice to the Commonwealth Attorney’s office.
Page 43 | Post-Conviction
Electronic notice between parties is governed by the VSCR.
Any electronic notice between the parties is governed by the VSCR.
Page 11 | D. Pre-Trial Motions, Generally.
Plaintiffs are discouraged from serving defendants with first-return dates that the Court has not confirmed.
Plaintiffs are discouraged from serving Defendants with first return dates that have not been confirmed by the Court.
Page 13 | First Return Date
For filings requiring service, the filer generally must provide the original and one copy for each service.
Generally, for filings requiring service, it is necessary to provide the original plus one copy for each service.
Page 17 | 4. Filing Suit and Other Civil Pleadings
For out-of-county sheriff service, the Clerk’s Office processes the pleadings within three to five business days and forwards them to the sheriff in the indicated jurisdiction.
For out-of-county service, the Clerk’s Office processes any pleadings that must be served by the Sheriff of another county or city within three to five business days and forwards the pleadings to the Sheriff of the indicated jurisdiction.
Page 18 | 4. Filing Suit and Other Civil Pleadings — Service, Sheriff’s Office
When filing pleadings for private process service, counsel or a pro se party should advise the Clerk’s Office that private process is desired.
When filing pleadings to be served by private process, counsel, or any pro se party, should advise the Clerk’s Office if private process service is desired.
Page 18 | 4. Filing Suit and Other Civil Pleadings — Service, Private Process
For in-county sheriff service, the original process will be forwarded to the Fauquier County Sheriff’s Office within three to five business days after the pleadings are filed.
For in-county service, the original process to be served by the Fauquier County Sheriff’s Office will be forwarded to the Sheriff’s Office within three to five business days following the filing of the pleadings.
Page 18 | 4. Filing Suit and Other Civil Pleadings — Service, Sheriff’s Office
Motions to amend bail/bond conditions should provide notice to the local Pretrial Services agency when the defendant is at liberty and has been placed under the supervision of Pretrial Services.
Motions to amend bail/bond conditions should provide notice to the local Pretrial Services agency when the defendant is at liberty and has been placed under the supervision of Pretrial Services.
Page 32 | SECTION III: CRIMINAL PRACTICE
A copy of any filing(s) should be provided to the Commonwealth as required under VSCR 1:12.
A copy of any filing(s) should be provided to the Commonwealth as required under VSCR 1:12.
Page 36 | SECTION III: CRIMINAL PRACTICE
If the matter is rescheduled, the Court will notify the defendant of the new court date.
If the matter is rescheduled, the Court will notify the defendant of the new court date.
Page 38 | 5. Case Processing, Subpoenas, Time Standards, and Continuances
For subpoenas served outside Fauquier County, counsel should plan for the additional forwarding and local processing time and allow at least 30 days.
Please take into consideration that the paperwork for subpoenas to be served outside of Fauquier County must be forwarded to the appropriate jurisdiction and then go through whatever procedures the Sheriff's Department in the foreign jurisdiction employs. As such, service outside of Fauquier County almost certainly takes more time than service within the County. Counsel should plan accordingly and allow at least 30 days.
Page 39
Witnesses must receive reasonable notice.
As a practical matter, witnesses must be given reasonable notice.
Page 39
The Clerk’s Office will notify counsel when private-process materials are ready for pickup.
The Clerk's Office will notify counsel when the process is ready for pick-up.
Page 18 | 4. Filing Suit and Other Civil Pleadings — Service, Private Process
Filing Fees and Waivers
A request for an alias summons must include the Sheriff’s fee and the appropriate number of copies of the pleading to be served.
Any request for the issuance of an alias summons, must be accompanied by the Sheriff’s fee, as well as the appropriate number of copies of the pleading to be served.
Page 13 | Alias summons
Checks sufficient to pay all filing and service fees must be provided when the pleadings are filed.
A check or checks sufficient to pay all filing and service fees will need to be provided at the same time.
Page 17 | 4. Filing Suit and Other Civil Pleadings
The filing fee is $50, plus a $12 sheriff-service fee for each defendant.
The Court charges a $50.00 filing fee + $12.00 for Service by Sheriff per Defendant.
Page 17 | 4. Filing Suit and Other Civil Pleadings
For a defendant living in Norfolk or Virginia Beach, a separate $12 check payable to the High Constable is required.
When a defendant lives in NORFOLK or VIRGINIA BEACH, the Court requires a separate check for $12.00 payable to the High Constable.
Page 18 | 4. Filing Suit and Other Civil Pleadings — Service, High Constable
When a summons is to be served by the Sheriff, payment for all service fees must be provided to the Clerk’s Office with the summons materials.
A copy of the summons and, if the summons is to be served by the Sheriff, payment for all service fees, must be mailed or delivered to the Clerk's Office on the date of issuance by the attorney, together with a certificate of service.
Page 23 | 8. Incidents of Trial — C. Subpoenas
A defendant sentenced to pay a fine, forfeiture, penalty, or costs has 90 days to pay in full and may enter a payment plan if unable to do so.
Any defendant convicted of a traffic infraction or a violation of any criminal law of the Commonwealth or of any political subdivision thereof, who is sentenced to pay a fine, forfeiture, or penalty will have 90 days to pay the fine, forfeiture, or penalty, or costs in full. If the defendant is unable to pay the amount owed in full within the 90-day period, the defendant may enter into a payment plan with the Court;
Page 43 | Post-Conviction
A driver referred to traffic school for dismissal must pay court costs.
d. Pay court costs.
Page 43
The Court assesses a $10 account-management fee for a defendant who enters a payment plan, until the account is paid in full.
however, a $10 fee will be assessed by the Court to cover the costs of management of the defendant’s account until such account is paid in full.
Page 43 | Post-Conviction
Copies made in the Clerk’s Office cost $0.50 per page, except that electronically delivered documents are free and no fees are charged to court-appointed counsel or attorneys for the Commonwealth.
A fee of $0.50 per each page is charged for all copies made in the Clerk's Office. There is no charge for documents delivered electronically. Court-appointed counsel and attorneys for the Commonwealth shall not be charged any fees.
Page 8 | 1. Access to Court Files and Copy Requests
Checks for all filing fees should be made payable to the Clerk of the General District Court.
Checks for all filing fees should be made payable to the Clerk of the General District Court.
Page 17 | 4. Filing Suit and Other Civil Pleadings
Filing fees and sheriff service fees are distinct, although the sheriff’s fee may be included in a check payable to the Clerk.
Filing fees are separate and distinct from applicable service fees to the Sheriff, but the Sheriff’s service fee may be included in the check made payable to the Clerk of the General District Court.
Page 17 | 4. Filing Suit and Other Civil Pleadings
The Clerk’s Office accepts credit or debit cards, with a 4% convenience fee for each bank-card transaction.
The Clerk’s Office can accept credit and or debit cards; however, there is a 4% convenience fee for each bank card transaction.
Page 17 | 4. Filing Suit and Other Civil Pleadings
All checks should be signed.
Please verify that all checks are signed.
Page 17 | 4. Filing Suit and Other Civil Pleadings
The Sheriff’s fee for each service should be included with the filing; otherwise it will not be delivered to the Sheriff for service.
The Sheriff’s fee for each service should be included with the filing; otherwise it will not be delivered to the Sheriff for service.
Page 24 | 8. Incidents of Trial — C. Subpoenas
The Court accepts cash, personal checks, money orders, debit cards, and credit cards; debit- and credit-card transactions incur a 4% convenience fee.
The Court accepts cash, personal checks, money orders, debit, and credit cards. A 4% convenience fee is assessed for any debit/credit card transactions.
Page 43 | Post-Conviction
Cash must not be sent by mail.
Do not send cash by mail.
Page 43 | Post-Conviction
A defendant whose sole resource is Social Security or supplemental security income is exempt from payments until another resource is available, cannot be sent to collections, and will not have those benefits considered when payment-agreement terms are set.
If a defendant’s sole resource is a social security payment or supplemental security income, then the defendant is exempt from making payments until the defendant has another resource. In addition, the amount owed by that defendant may not be sent to collections. In deciding the terms of a payment agreement, the court will not consider any social security benefit or supplemental security income.
Page 44 | Post-Conviction
The Clerk’s Office accepts personal checks from pro se litigants, cash, money orders, and checks drawn on an attorney’s account.
The Clerk’s Office will accept personal checks from pro se litigants, cash, money orders, or checks drawn on an attorney’s account.
Page 17 | 4. Filing Suit and Other Civil Pleadings
There is no fee to file or serve a criminal witness or document subpoena.
There is no fee for filing or serving a criminal witness or document subpoena.
Page 39
A defendant unable to pay fines or costs may apply to perform community service instead, subject to Court approval.
Any defendant who is unable to pay a fine and/or costs, may apply to the Court to perform community service in lieu of paying fines, penalties, or costs.
Page 43 | Post-Conviction
Community-service credit is applied at Virginia’s stated minimum wage of $12.00 per hour.
Credit will be applied at the minimum wage in Virginia which is currently $12.00/hour.
Page 44 | Post-Conviction
Pre-Motion Conference Requirements
A party may place a criminal or traffic motion or other pre- or post-trial request on the docket after giving the Court and opposing party at least two business days’ advance written notice, unless another rule or statute provides otherwise.
C. Standard Motions: A motion in a criminal or traffic case, or other pre/post-trial requests for court action, may be placed on the docket by a party providing at least two business days advance written notice to both the Court and the opposing party, unless otherwise stated herein or by statute.
Page 32 | SECTION III: CRIMINAL PRACTICE
The Court may remove a civil motion that a party has not properly docketed, without notice.
Any civil motion that is not properly docketed by a party may be removed from the docket by the Court without notice.
Page 21 | 6. Civil Motions and Docketing of Pre/Post-trial Matters
Adjournment & Extension Requirements
The Clerk grants a first continuance in an infraction case only when it is at least 10 days before the court date.
First continuance on infraction cases granted by Clerk at least 10 days prior to court date
Page 1 | Continuance Policy
A serious illness cited to justify a continuance request must be verified in writing by a medical authority or professional.
If serious illness is cited as a justification for a continuance request, it must be verified in a writing from a medical authority or professional.
Page 12 | E. Trials.
If a served defendant fails to appear for debtor interrogatories, the plaintiff may request one continuance to issue a Show Cause Summons or Capias.
In the event a defendant who has been served with a summons to answer interrogatories fails to appear, the Court, upon request, will grant the plaintiff one continuance for the issuance of a “Show Cause Summons” or “Capias” against the defendant.
Page 19 | 9.A. Debtor’s Interrogatories
If process is not issued in time or the defendant again fails to appear, the plaintiff may request only one continuance for an Alias Show Cause Summons or Capias.
If the plaintiff fails to issue the Show Cause Summons or Capias in time to allow for processing and service before the new court date and/or the defendant fails to appear on that date, the Court, upon request, will grant the plaintiff ONE (1) CONTINUANCE ONLY for an Alias Show Cause Summons or Capias.
Page 19 | 9.A. Debtor’s Interrogatories
If a served garnishee does not file an Answer, the plaintiff may request a continuance for good cause to obtain one.
In the event that the garnishee is served but fails to file an Answer, the Court, upon request, will grant the plaintiff a continuance for good cause to obtain an Answer.
Page 20 | 9.B. Garnishments
Protective-order hearings may not be continued without consent unless the respondent requests the continuance.
Protective order hearings will not be continued, absent consent, unless requested by the respondent.
Page 21 | C. Final Protective Orders
If a party objects to continuing a matter, the motion to continue must be docketed for hearing.
In the event one party objects to continuing a matter, the motion must be docketed for hearing.
Page 22 | 7. Continuance Guidelines for Civil Matters — B. Civil Matters on the Trial Docket
Continuances will only be allowed for good cause shown and should be scheduled for final disposition within 60 days from the original return date.
Continuances will only be allowed for good cause shown and should be scheduled for final disposition within 60 days from the original return date.
Page 22 | 7. Continuance Guidelines for Civil Matters — A. Civil Matters on the Return/Status Docket
For a first agreed continuance, an attorney or party may file a written Praecipe stating the clerk-obtained new court date and that all parties agree to the continuance.
Either attorney or party may file a written Praecipe in the Clerk’s Office. The Praecipe must be filed in the Clerk’s Office no later than 4:00 p.m. on the Monday prior to the scheduled trial date. The Praecipe shall state the new court date which date shall have been obtained from the clerk and the Praecipe shall state that the continuance is agreed among all parties. The Praecipe shall have been mailed to all parties;
Page 22 | 7. Continuance Guidelines for Civil Matters — B. Civil Matters on the Trial Docket
A continuance of the first return date will not be granted when the defendant is present and contests the case, absent extraordinary circumstances.
Therefore, continuances of the first return when Defendant is present and contesting the matter will not be granted absent extraordinary circumstances.
Page 22 | 7. Continuance Guidelines for Civil Matters — A. Civil Matters on the Return/Status Docket
Second or subsequent continuances are highly discouraged, must be docketed for hearing, and will be granted only for good cause.
Second or subsequent continuances are highly discouraged. Motions must be docketed for hearing and requests will only be granted for good cause shown.
Page 22 | 7. Continuance Guidelines for Civil Matters — B. Civil Matters on the Trial Docket
For a first agreed continuance, the parties may submit an Agreed Order by 4:00 p.m. on the Monday before trial, and it must state the new trial date obtained from the Clerk.
The parties may submit an Agreed Order to the Court no later than 4:00 p.m. on the Monday prior to the scheduled trial date. The Order must state the new trial date which has been obtained from the clerk.
Page 22 | 7. Continuance Guidelines for Civil Matters — B. Civil Matters on the Trial Docket
If the accused contests extradition, the matter will be continued for 30 days to obtain a Governor’s Warrant.
If the accused contests extradition, the matter will be continued for 30 days so that a Governor’s Warrant can be obtained.
Page 35 | I. Extradition
A continuance request or agreed continuance order must specify whether the case is continued for first return or for trial.
Any request for continuance of such a case, and any agreed orders for continuance, must specify if the request is to continue the case for first return (no witnesses to be subpoenaed) or for trial (officer to subpoena witnesses).
Page 36 | 4. Scheduling of Trial — A. Traffic Infractions/Misdemeanors Involving Accidents
A second or later felony continuance request, except one involving a certificate of analysis, must be docketed for court approval and supported by good cause.
Any second or subsequent continuance request — for any reason other than a certificate of analysis — must be docketed for court approval upon a showing of good cause.
Page 37 | 5. Case Processing, Subpoenas, Time Standards, and Continuances
Continuance requests for court dates after the first court appearance must be made in court by docketed motion.
Continuance requests for all court dates after the first court appearance date must be made in court by docketed motion.
Page 38 | 5. Case Processing, Subpoenas, Time Standards, and Continuances
The Clerk’s Office process for an unrepresented defendant is available only for the first traffic-infraction continuance, which may be set only to the officer’s next scheduled court date.
This process may only be used for the first continuance for traffic infractions, and the case will only be continued to the officer’s next scheduled court date.
Page 38 | 5. Case Processing, Subpoenas, Time Standards, and Continuances
An unrepresented defendant may request a continuance of a traffic infraction through the Clerk’s Office by phone or at its window, up until five days before the first return date and before the first scheduled court date.
Traffic infractions may be continued by an unrepresented defendant prior to the first scheduled court date up until 5 days before the first return date, through the Clerk’s Office by phone or at the Clerk’s Office window.
Page 38 | 5. Case Processing, Subpoenas, Time Standards, and Continuances
Counsel of record may continue a misdemeanor or infraction matter by agreed order before its first scheduled court date, up until 3:00 p.m. two days before that date.
Prior to the first scheduled court date, a misdemeanor or infraction matter may be continued by counsel of record, by agreed order up until 3:00 p.m. two days before the first court date.
Page 38 | 5. Case Processing, Subpoenas, Time Standards, and Continuances
A defendant unable to pay restitution within the ordered timeframe must docket an extension request for a hearing at 11:30 a.m. and give proper notice to the Commonwealth Attorney’s office.
If defendant cannot pay within the ordered timeframe, any request for an extension must be docketed for hearing at 11:30 a.m. with proper notice to the Commonwealth Attorney’s office.
Page 43 | Post-Conviction
A first continuance in a misdemeanor case is granted by a Judge in open court.
First continuance on misdemeanors granted in open court by Judge.
Page 1 | Continuance Policy
Subsequent continuances in infraction cases are granted by a Judge in open court.
subsequent continuances granted in open court by Judge.
Page 1 | Continuance Policy
If an unplanned closure or delay prevents the Court from opening on a scheduled date, the Court will promptly reschedule the matter and issue written notice to all parties or counsel of record.
A matter that is scheduled for a date on which the Court is not open due to an unplanned closure or delay will be rescheduled forthwith by the Court for a new available date and time, with written notice to issue to all parties / counsel of record.
Page 9 | SECTION I: GENERAL PRACTICE
Bond motions, civil protective-order hearings, civil mental-commitment hearings, and other matters with statutory deadlines automatically carry over to the same time on the next day the Court is open, unless the Court specifies otherwise.
Bond motions, civil protective order hearing(s), civil mental commitment hearing(s), or other matters with statutorily mandated deadlines, will automatically carry over to the same scheduled time on the next day that the Court is open, unless otherwise specified by the Court.
Page 9 | SECTION I: GENERAL PRACTICE
At a first civil return, the Court generally grants either party one requested return-docket continuance to pursue settlement or prepare before a trial date is scheduled; the policy does not apply to landlord-tenant or statutorily prioritized civil matters absent party consent.
At a first civil return, the Court will generally grant either party, upon request, one continuance on a return docket to pursue settlement or otherwise prepare the case before a trial date is scheduled. In such event, the Court reserves the right to order pleadings even if the matter is not yet scheduled for trial, in its discretion. This policy does not apply to landlord-tenant matters, or other civil matters granted priority on the docket by statute, absent consent of the parties.
Page 10 | SECTION II: CIVIL PRACTICE
Trial continuances are strongly discouraged and rarely granted, except for compelling reasons or as otherwise stated in the rules.
A continuance of a matter scheduled for trial is strongly discouraged and will rarely be granted except for compelling reasons or as otherwise stated herein.
Page 12 | E. Trials.
Litigants are expected to conclude evidence presentation within the provided estimate, with 30 minutes as the default unless additional time is requested in advance.
Litigants are expected to conclude the presentation of the evidence within the time estimate provided (30 minutes is the default unless additional time is requested in advance).
Page 19 | G. Timeliness
Proposed continuance orders for matters already scheduled for trial are strongly discouraged unless good cause is shown.
Proposed continuance orders of a matter already scheduled for trial are strongly discouraged, absent good cause shown.
Page 21 | 6. Civil Motions and Docketing of Pre/Post-trial Matters
A continuance in a Landlord-Tenant Act nonpayment-of-rent case may be conditioned on the defendant posting a bond.
Continuances of cases under the Landlord-Tenant Act, where the issue is non-payment of rent, may be conditioned on the defendant’s posting of a bond.
Page 23 | C. Unlawful Detainers/Evictions
Continuance requests after the parties certify that a blood-draw case is trial-ready are strongly discouraged.
Any request for a continuance thereafter will be strongly discouraged.
Page 35 | SECTION III: CRIMINAL PRACTICE
If a properly served witness fails to appear at trial, the Court will, if requested, issue a Show Cause Rule against the witness and continue the matter to a new court date.
In the event a witness who is properly served fails to appear at trial, the Court will, if requested to do so, issue a Show Cause Rule against the witness and continue the matter to a new court date.
Page 36 | 4. Scheduling of Trial — B. Misdemeanors and Traffic Infractions Not Involving Accidents
Chambers Communication Rules
The filing party must verify with the Clerk that electronically submitted pleadings were received.
It is incumbent upon the filing party to verify with the clerk that any pleadings submitted electronically have been received
Page 9 | General Practice
The Court will not initiate, permit, or consider ex parte communications about pending or impending matters, except for specified scheduling, administrative, or emergency purposes that do not address substantive matters or advantage a party, and only if the Court promptly notifies all parties and gives them an opportunity to respond.
Ex-parte communications: The Court shall not initiate, permit, or consider ex-parte communications made to the judge or the through the Clerk’s Office, outside the presence of the parties or their lawyers, concerning a pending or impending matter, except as when required for scheduling, administrative, or emergency purposes when substantive matters are not addressed and so long as no party gains a procedural, substantive, or tactical advantage as a result of the ex-parte communication and the Court promptly provides notice to all parties and gives the parties an opportunity to respond
Page 9 | SECTION I: GENERAL PRACTICE
Parties and counsel may email the clerk or deputy clerks at the listed address only to submit permitted, rule-compliant pleadings, address non-substantive administrative matters, or respond to clerk-initiated inquiries; substantive arguments, position supplements, and requests for legal advice may not be emailed.
Email communications. The administrative mail for the clerk’s office is fauquiergd@vacourts.gov. Parties and counsel may only email the court clerk and deputy clerks to (1): file pleadings that are permitted under these rules and that comply with the VSCR and the Local Rules; (2) address non-substantive administrative matters; or (3) respond to inquiries initiated by the clerk’s office. Parties and counsel may not email the clerk’s office on substantive matters, to argue or supplement a position on any matter, or to seek legal advice.
Page 9 | SECTION I: GENERAL PRACTICE
The Court will not recognize requests for substantive action made solely by email, letter, or other informal communication.
Requests for substantive court actions will not be recognized if made solely by means of an e-mail, letter, or other informal communication to the Court.
Page 9 | General Practice
When a filing requests a specific action, the moving party must ensure the Clerk or Court has addressed it.
if a specific action is requested, it shall be incumbent upon the moving party to ensure that the action requested has been addressed by the Clerk or the Court.
Page 9 | General Practice
Counsel of record, including an unrepresented party who qualifies as counsel of record, must keep the Court updated with a valid mailing address and other contact information during a pending proceeding.
Any counsel of record is required to always keep the court updated with a valid mailing address and other contact information during a pending proceeding.
Page 9 | Best Practices — Appearances in a Pending Matter
An attorney filing a Notice of Appeal electronically must confirm receipt with the Clerk’s Office before the deadline expires.
Attorneys of record may file the Notice of Appeal electronically but must confirm receipt with the Clerk’s Office before the expiration of the deadline.
Page 12 | G. Appeals
Plaintiffs mailing their initial pleadings must first obtain an available court date from the Clerk’s Office.
Plaintiffs who mail their initial pleadings must first obtain an available court date from the Clerk’s Office.
Page 13 | First Return Date
Litigants estimating a trial will take more than 30 minutes must request additional time at first return or when scheduling through the clerk’s office.
If litigants estimate the trial to take more than 30 minutes, they must specifically request additional time as needed at first return or upon scheduling the matter through the clerk’s office.
Page 23 | 8. Incidents of Trial — B. Default Time Slot
The Clerk will arrange a court-certified interpreter if the request is made at least ten days before trial.
The Clerk will make arrangements for a court certified interpreter if a request is made at least ten days before trial.
Page 24 | 8. Incidents of Trial — E. Interpreters
Attorneys volunteering for court-appointed cases must submit a written request to the Clerk of Court with documentation of completed VIDC certifications.
Attorneys seeking to volunteer to accept court-appointed cases in the Fauquier County General District Court must submit their request in writing to the Clerk of Court along with documentation of the completed VIDC certifications, as required.
Page 31 | SECTION III: CRIMINAL PRACTICE
At least 48 hours’ notice is required for transport when the accused is located outside Fauquier County.
If the accused is located outside of Fauquier County, at least 48-hours notice is required for transport.
Page 32 | SECTION III: CRIMINAL PRACTICE
If the inmate is held at the Fauquier County jail, counsel seeking the client’s in-person presence at a bail or bond hearing must make the request through the Clerk at least 24 hours before the hearing.
If counsel of record desires the in-person presence of his/her client, a request for the same must be made via the Clerk no less than 24-hours prior to the bail/bond hearing if the inmate is held at the Fauquier County jail.
Page 32 | SECTION III: CRIMINAL PRACTICE
Letters to the Court that are not copied to the prosecutor are improper ex parte communications and will not be considered.
Letters to the Court without copy to the prosecutor are considered ex parte communications, they are not proper pleadings as defined by the Supreme Court and thus, they will not be considered.
Page 38 | 5. Case Processing, Subpoenas, Time Standards, and Continuances
Archived-file requests must be submitted to the Clerk’s Office on a written request form; the file will be available within three business days and held at the counter for three business days.
Requests for files that have been archived must be submitted on a written request form to the Clerk’s Office and the requested file will be made available at the Clerk’s Office window for review within three business days and will only be held at the front counter for three business days.
Page 7 | 1. Access to Court Files and Copy Requests
Copy requests may be made in writing sent via mail, email (to fauquiergd@vacourts.gov), or facsimile. Any individual or party asking for a copy of an order or other court document to be sent to them by mail must include a return self-addressed, pre-stamped envelope. Requests made without the inclusion of a self-addressed stamped envelope will not be mailed. Any individual may also request that copies be transmitted via e-mail or placed in counsel’s courthouse “mailbox” (if applicable); copies will not be faxed. Copies will be ready within two business days after the request is received.
Copy requests may be made in writing sent via mail, email (to fauquiergd@vacourts.gov), or facsimile. Any individual or party asking for a copy of an order or other court document to be sent to them by mail must include a return self-addressed, pre-stamped envelope. Requests made without the inclusion of a self-addressed stamped envelope will not be mailed. Any individual may also request that copies be transmitted via e-mail or placed in counsel’s courthouse “mailbox” (if applicable); copies will not be faxed. Copies will be ready within two business days after the request is received.
Page 7 | 1. Access to Court Files and Copy Requests
As a best practice, the party or counsel of record should notify the Clerk’s Office in writing of a language interpretation need as soon as possible and at least 10 days before the hearing.
It is a best practice for the party or counsel of record to notify the Clerk’s Office of a language interpretation need in writing as soon as possible and no less than 10 days prior to a hearing.
Page 7 | 4. Language Services
The Court will not consider substantive ex parte communications from a party.
Any ex-parte communication with the Court by a party that is substantive in nature will not be considered by the Court.
Page 8 | 2. Filing Format & Related Requirements
Clerks may not give legal advice or help lawyers or the public determine what must be filed.
The clerks are not permitted to give legal advice and thus cannot assist lawyers and/or the public in determining what needs to be filed.
Page 9 | SECTION I: GENERAL PRACTICE
Submitting parties must check with the Clerk’s office to determine how the proposed order was addressed.
The responsibility rests on the submitting parties to check back with the Clerk’s office to determine if the proposed order has been granted, denied, or addressed in another manner.
Page 11
Plaintiffs may check service-return status at the Clerk’s Office during regular business hours or online, and the Court encourages review before the first return.
The status of service returns can be determined by checking the files in the Clerk’s Office during regular business hours or verifying online at www.vacourts.gov. The Court encourages the plaintiff to review the files in advance of the first return to (1) know the status of service of process of each case and (2) be prepared to request an action that is consistent with the service status.
Page 13 | Checking Service
Counsel should tell the Court at the outset if counsel in good faith expects the matter to take more than 10 minutes; the Court may reschedule it.
If counsel believes in good faith that the matter will take more than 10 minutes (total), then counsel should advise the court at the outset, and the Court reserves the right to reschedule the motion for an alternate docket time or date.
Page 32 | SECTION III: CRIMINAL PRACTICE
An unrepresented defendant may contact the Clerk’s Office by phone to request a traffic-infraction continuance; the request may also be made at the Clerk’s Office window.
Traffic infractions may be continued by an unrepresented defendant prior to the first scheduled court date up until 5 days before the first return date, through the Clerk’s Office by phone or at the Clerk’s Office window.
Page 38 | 5. Case Processing, Subpoenas, Time Standards, and Continuances
A defendant with an installment or deferred payment agreement must promptly inform the Court of any mailing-address change during the agreement.
A defendant who enters into an installment or deferred payment shall promptly inform the court of any change of mailing address during the term of the agreement.
Page 43 | Post-Conviction
A person who believes access to a sealed document or case file was improperly denied may submit a written petition to the Court or docket the request.
Any person who believes he/she is improperly denied access to a sealed document or case file may submit a written petition to the Court for consideration or docket the request, as appropriate.
Page 7 | 1. Access to Court Files and Copy Requests
Physical court file review and copy requests may be made in person at the Clerk’s Office or in writing using the Court’s request form.
Requests to review a physical court case file or for obtaining copies of a court file (not made via printing from the public access terminal) may be made in-person at the Clerk’s Office or in writing using the Court’s request form and are subject to the following:
Page 7 | 1. Access to Court Files and Copy Requests
Parties are encouraged to consult the Clerk’s Office about filing requirements, fees, or other process-related requests before filing.
Parties are encouraged to consult with the Clerk’s Office regarding filing requirements, fees, or other process-related requests prior to filing.
Page 8 | 2. Filing Format & Related Requirements
The Clerk’s Office is available to attorneys and the public Monday through Friday from 8:00 a.m. to 4:00 p.m.
The Clerk’s Office is available to serve attorneys and all members of the public Mondays through Fridays from 8:00 a.m. until 4:00 p.m.
Page 9 | SECTION I: GENERAL PRACTICE
A written request to the Clerk for an administrative act may be made by letter or equivalent communication.
Any written request to the Clerk for performance of an administrative act or duty may be made by letter or the equivalent communication.
Page 9 | General Practice
Parties are encouraged to consult the Clerk about available potential hearing dates.
Parties are encouraged to consult with the Clerk about the availability of potential hearing dates.
Page 21 | 6. Civil Motions and Docketing of Pre/Post-trial Matters
Counsel may present agreed orders to the Court through chambers, including agreed nolle prosequi and plea-advancement agreements.
Counsel may always present an Agreed Order to the Court via chambers, including an agreed nolle prosequi, or an agreement to advance a matter for entry of a plea with recommendation.
Page 40 | 6. Plea and Recommendations; Agreements