Fauquier General District Court, Virginia Adjournment & Extension Requirements

CRITICAL

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.

CRITICAL

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

CRITICAL

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.

CRITICAL

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).

CRITICAL

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.

CRITICAL

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.

CRITICAL

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.

CRITICAL

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.

CRITICAL

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.

CRITICAL

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;

CRITICAL

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.

CRITICAL

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.

CRITICAL

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.

CRITICAL

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.

CRITICAL

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.

CRITICAL

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.

CRITICAL

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.

CRITICAL

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.

CRITICAL

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.

CRITICAL

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.

WARNING

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).

WARNING

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.

WARNING

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.

WARNING

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.

WARNING

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.

WARNING

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.

WARNING

Subsequent continuances are discouraged and will be granted only upon a showing of good cause.

Subsequent continuances are discouraged and will only be granted for good cause shown.

WARNING

Necessary continuances will be approved if appropriate steps are taken to notify interested parties and minimize inconvenience.

Necessary continuances will be approved so long as appropriate steps are taken to adequately notify all interested parties in order to minimize inconvenience.

WARNING

A first continuance request in a felony matter may be made by Agreed Order.

A first continuance request may be accomplished via by Agreed Order.

WARNING

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.

WARNING

Trial-time continuances when citizen witnesses are present are discouraged and will be granted only upon the moving party’s showing of good cause.

Continuances requested at the time of trial when citizen witnesses are present are discouraged and will only be granted only upon a showing of good cause by the moving party.

WARNING

A defendant’s continuance request made within the five-day window will be addressed in open court on the scheduled court date.

Any request made by a defendant within the 5-day window will be addressed in open court on the scheduled court date.

WARNING

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.

WARNING

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.

WARNING

Subsequent continuances in infraction cases are granted by a Judge in open court.

subsequent continuances granted in open court by Judge.

WARNING

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.

WARNING

For a necessary certificate of analysis that has not yet been received, counsel may submit an Agreed Order that states this on its face.

In any case involving a necessary certificate of analysis, counsel of record may submit an Agreed Order indicating on its face that the certificate of analysis has not yet been received.

INFO

Parties may seek a continuance to give them an opportunity to attend mediation.

Parties may choose to avail themselves of the mediator while present in court or may seek to continue a matter to give the parties an opportunity to attend mediation.

INFO

For a first agreed continuance on the trial docket, one or both attorneys or parties may appear in court to make the motion; if granted, a new date will be scheduled.

One or both attorneys or parties may appear in court to make the motion. If the motion is granted, a new date will be scheduled;

INFO

If service was not properly completed before the first return, the Court may allow a continuance so the plaintiff can pursue alias service.

If service is not effectuated properly before the first return, the Court may allow the matter to be continued so that the plaintiff can effectuate “alias service,” a process by which the pleadings are resent to the Sheriff’s Office for service.