Fauquier General District Court, Virginia Document Filing Requirements

CRITICAL

Applies to

Remote hearing request

A remote-hearing request must be submitted in writing using the provided form.

Requests for remote hearings must be submitted in writing to the Court using the form provided herein with at minimum two days’ advance notice.

CRITICAL

Applies to

Felony charge amendment

When the Commonwealth amends or modifies a felony charge, the parties must provide the applicable code section and VCC code.

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.

CRITICAL

Applies to

Motion

Agreed orders to withdraw are not accepted for jailable offenses, and all motions must be docketed.

For jailable offenses, Agreed Orders will not be accepted – all motions must be docketed.

CRITICAL

Applies to

Restricted driving privileges request

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.

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.

CRITICAL

Applies to

Trial case

A time estimate is required for every case set for trial.

For any case set for trial, the Court will require a time estimate.

CRITICAL

Applies to

Court filing

Court filings must be in English or include an applicable English translation of any foreign-language document.

All court filings must be in the English language or have an applicable English language translation of the foreign language document(s) attached.

CRITICAL

Applies to

Answer and grounds of defense

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.

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.

CRITICAL

Applies to

Default judgment supporting documents

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.

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.

CRITICAL

Applies to

Substitution of counsel order

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.

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.

CRITICAL

Applies to

Traffic school completion

A driver referred to traffic school for dismissal must complete an eight-hour Virginia DMV-approved course, obtain its completion certificate, and submit the original certificate to the Court.

If referred to traffic school for dismissal the driver must: a. Attend an eight-hour Virginia DMV approved traffic school; b. Obtain a certificate of completion from the traffic school; c. Submit the original certificate to the Court before the deadline;

CRITICAL

Applies to

Abstract of judgment request

A written request for an Abstract of Judgment must include a self-addressed, stamped envelope.

The written request must be accompanied by a self-addressed, stamped envelope for the transmission of the Abstract to counsel.

CRITICAL

Applies to

Warrant in debt

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.

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.

CRITICAL

Applies to

Alias summons request

An alias-summons request must include 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.

CRITICAL

Applies to

Financial statement

An accused requesting court-appointed counsel must provide a financial statement for the Court to determine eligibility.

If the accused requests court-appointed counsel, the accused will be required to provide a financial statement for the Court to determine eligibility.

CRITICAL

Applies to

Show cause summons or capias

The plaintiff must prepare and file the Show Cause Summons or Capias.

The plaintiff must prepare the Show Cause Summons or Capias and file it

CRITICAL

Applies to

Purchased debt case documents

If the claim includes above-judgment-rate interest, fees, or other non-purchase or non-cash-advance charges, the creditor must document the rules the debtor agreed to, by written agreement or card or account usage.

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.

CRITICAL

Applies to

Protective order surrender compliance certification

A certification of compliance with the firearm-surrender law must be filed with the Court within 48 hours after the protective order is issued.

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.

CRITICAL

Applies to

Motion to amend or dissolve protective order

Motions to amend or dissolve protective orders must be filed in writing at the Clerk’s Office and docketed for a hearing.

Motions to amend/dissolve protective orders must be filed in writing at the Clerk’s Office and docketed for a hearing.

CRITICAL

Applies to

Plea related documents

Court-appointed counsel must provide a completed, legible DC-40 allowance form when applicable.

A completed and legible DC-40 allowance form from a court-appointed counsel (if applicable).

CRITICAL

Applies to

Unlawful detainer default judgment filing

To obtain default judgment in an unlawful-detainer case, the landlord must provide at filing all notices given to the tenant before filing.

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;

CRITICAL

Applies to

Judgment release

A judgment must be released in writing; verbal notice is insufficient, and a Praecipe or form DC-458 is an acceptable method.

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.

CRITICAL

Applies to

Subpoena request

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.

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.

CRITICAL

Applies to

Unlawful detainer default judgment filing

To obtain default judgment in an unlawful-detainer case, the landlord must provide the original lease or other applicable contract at filing, 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: b. The original lease (or other applicable contract) with late charge and attorney fee provisions highlighted;

CRITICAL

Counsel must certify that their respective witnesses have been told they need not appear in court.

Counsel must certify that their respective witnesses have been notified that they are not required to appear in court.

CRITICAL

Applies to

Remote appearance request

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.

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.

CRITICAL

Applies to

Agreed order to withdraw

In civil, traffic, and non-jailable criminal matters, an agreed order to withdraw is accepted only if all parties, including the withdrawing attorney's client, have endorsed it.

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.

CRITICAL

Applies to

Service filing

Secretary of the Commonwealth service requires two DC-410 affidavits, a prepaid addressed envelope, and a certified mailing card.

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.

CRITICAL

Applies to

Service filing

DMV service requires an Affidavit of Service of Process and a prepaid envelope addressed to the defendant.

The Affidavit of Service of Process and postage prepaid envelope addressed to the Defendant are required.

CRITICAL

Applies to

Pleading

Counsel or a pro se party must identify on the pleading the jurisdiction where service is to be performed.

Counsel, or any pro se party, is responsible for identifying on the pleading the jurisdiction in which service is to be performed.

CRITICAL

Applies to

Trial attorney fee evidence

At trial, the attorney-fee affidavit and other relevant fee evidence must be presented as part of the case in chief.

At trial, the affidavit and any other relevant evidence of attorney’s fees must be presented as part of the case in chief.

CRITICAL

Applies to

Emergency filing

VSCR 1:12 certification requirements, including notice to the Commonwealth, continue to apply unless a statute provides an exemption.

Any certification requirements pursuant to VSCR 1:12 continue to apply, including notice to the Commonwealth, unless exempted by statute.

CRITICAL

Applies to

Bill of particulars

The plaintiff must file a Bill of Particulars when ordered; failure to file it may result in dismissal without prejudice.

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.

CRITICAL

Applies to

Affidavit

A plaintiff unable to ascertain a defendant’s military status must proffer the diligent efforts made to determine it.

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.

CRITICAL

Applies to

Community service application

A defendant seeking community service in lieu of payment must submit a motion to the Court on or within 90 days after trial.

To apply to perform community service, the defendant must submit a motion to the Court on or within 90 days after the trial date.

CRITICAL

Applies to

Subpoena request

Every subpoena request must include a name and physical address; a post office box is not sufficient for service.

Any request for subpoena must include a name and a physical address as service cannot be effectuated on a post office box.

CRITICAL

Applies to

Case style

The case style must identify both the present creditor and the original creditor; the entire chain of title need not be included there.

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.

CRITICAL

Applies to

Purchased debt case documents

The plaintiff must be prepared to prove account ownership and its chain of title with particularized documentation of all assignments to the ultimate plaintiff.

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.

CRITICAL

Applies to

Subpoena duces tecum request

A subpoena duces tecum request must provide a specific list of the requested documents.

A specific list of documents being requested must be provided.

CRITICAL

Applies to

Unlawful detainer default judgment filing

To obtain default judgment in an unlawful-detainer case, the landlord must provide at filing a tenant-signed Statement of Rights and Responsibilities or proof that it was served on the tenant.

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;

CRITICAL

Applies to

Purchased debt case documents

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.

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.

CRITICAL

Applies to

Subpoena request

For criminal trials, the Clerk’s Office will prepare a subpoena if the request form is correctly completed and filed.

The Clerk’s Office will prepare subpoenas for criminal trials when the form requesting such a subpoena is correctly completed and filed.

CRITICAL

Applies to

Substitution of counsel order

Counsel of record retains that status and its related duties and obligations until a substitution order is entered or leave to withdraw is granted.

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.

CRITICAL

Applies to

Praecipe

The Praecipe must state counsel’s full name, mailing address, and phone number.

The Praecipe must include counsel’s full name, mailing address, and phone number.

CRITICAL

Applies to

Filing

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

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

CRITICAL

Applies to

Trial readiness certification

A blood-draw case cannot be scheduled for trial on the blood-sample evidence docket until both parties affirm that it is trial-ready and no further continuances are expected.

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.

CRITICAL

Applies to

Agreed continuance order

An incarcerated defendant must endorse an agreed continuance order, and defense counsel must determine whether the defendant is incarcerated and obtain the endorsement if necessary.

The Court requires that any defendant who is incarcerated endorse an agreed continuance order — defense counsel is responsible for determining whether a defendant is incarcerated, and if so, for obtaining the necessary endorsement.

CRITICAL

Applies to

Reconsideration hearing request

A party requesting a reconsideration hearing must submit a written motion stating the reasons for the hearing request.

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.

CRITICAL

Applies to

Agreed continuance order

A felony Agreed Order to Continue must include the specified Commonwealth and defense certifications about notifying the defendant and subpoenaed witnesses, or the order will be rejected.

All Agreed Orders to Continue any felony must include the following certifications: i. By the Commonwealth: A certification that any witnesses subpoenaed by the Commonwealth will be (1) notified that they need not appear on the scheduled day or (2) not notified and counsel shall provide the reason therefore. ii. By Defense counsel: A certification that the defendant will be (1) notified of the continuance and agrees or (2) the defendant will not be notified and counsel shall provide the reason therefore. A certification that any witnesses subpoenaed by the Defense will be (1) notified that they need not appear on the scheduled day or (2) not notified and counsel shall provide the reason therefore. iii. Any Agreed Order for a continuance that does not include the certification will be rejected.

CRITICAL

Applies to

Default or summary judgment attorney fee evidence

For default or summary judgment, the attorney-fee affidavit and related evidence must be presented when judgment is requested.

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.

CRITICAL

Applies to

Remote appearance consent

The listed remote/video appearances require written consent from both parties.

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.