Fauquier General District Court, Virginia Chambers Communication Rules

CRITICAL

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

CRITICAL

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

CRITICAL

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.

CRITICAL

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.

CRITICAL

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.

CRITICAL

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.

CRITICAL

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.

CRITICAL

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.

CRITICAL

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.

CRITICAL

Contact

Email to clerk

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.

CRITICAL

Contact

Email to chambers

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.

CRITICAL

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.

CRITICAL

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.

CRITICAL

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.

WARNING

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.

WARNING

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.

WARNING

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.

WARNING

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.

WARNING

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.

WARNING

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.

WARNING

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.

WARNING

Contact

Phone to clerk

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.

WARNING

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.

WARNING

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.

INFO

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.

INFO

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.

INFO

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.

INFO

Counsel may submit an agreed bond order, with any required Pretrial Services referral, in court or through chambers.

Bond Agreements: Counsel may prepare and submit to the Court an Agreed Order for bond along with the accompanying Referral to Pretrial Services, if required, in court or through chambers.

INFO

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.

INFO

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:

INFO

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.

INFO

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.

INFO

Phone

(540) 422-8035

The Clerk’s Office is open Monday through Friday from 8:00 a.m. to 4:00 p.m. and can be contacted by telephone or fax at the stated numbers.

The Clerk’s Office is located on the lower level of the courthouse at 6 Court Street. Its hours of operation are Monday through Friday, 8:00 a.m. to 4:00 p.m. The office telephone number is (540) 422-8035; fax number is (540) 422-8033.