Fauquier General District Court, Virginia Document Filing Requirements

CRITICAL

Applies to

Pleading

Counsel and unrepresented parties filing a pleading must sign it and state their address, telephone number, and email address.

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.

CRITICAL

Applies to

Attorney issued subpoena

Must include

certificate of service

On the date counsel issues an attorney-issued subpoena, a copy of the summons and a certificate of service must be mailed or delivered to the Clerk’s Office; include service-fee payment if the Sheriff will serve the summons.

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.

CRITICAL

Applies to

Proposed consent order

A proposed consent order must be endorsed by all parties.

A proposed consent order must be properly endorsed by all parties.

CRITICAL

Applies to

Community service time sheet

Community service credit is given only for hours listed on the time sheet and verified by the court.

Credit will only be given for hours that are listed on the time sheet and that are verified by the Court.

CRITICAL

Applies to

Proposed agreed order

Proposed agreed orders must comply with the VSCR.

Proposed agreed orders must be compliant with the VSCR.

CRITICAL

Applies to

Delayed report order

For a plea with a recommended jail sentence, defense counsel must complete the Delayed Report Order, obtain the defendant’s signature, and return it to the Court.

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.

CRITICAL

Applies to

Purchased debt case documents

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.

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.

CRITICAL

Applies to

Judgment against garnishee

Before obtaining judgment against a garnishee for failure to answer, the plaintiff must provide ex parte evidence of the garnishee’s obligation to the judgment debtor.

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.

CRITICAL

Applies to

Purchased debt case documents

Judgment will not be granted if the documentation is insufficient, even if the defendant fails to answer the Bill of Particulars.

If documentation is not sufficient, judgment will not be granted, even if the defendant fails to answer to the Bill of Particulars.

CRITICAL

Applies to

Pleading

Pleadings must be signed by counsel of record or the pro se plaintiff and include every party’s address.

All pleadings must be signed by counsel of record (or the pro se plaintiff) and include the addresses of all parties.

CRITICAL

Applies to

Subpoena request

Subpoena requests must be prepared by counsel or by pro se litigants.

Subpoena requests must be prepared by counsel or by pro se litigants.

CRITICAL

Applies to

Formal order of discovery motion

A motion requesting a formal Order of Discovery must be filed with the Clerk’s office for docketing.

When either party requests a formal Order of Discovery, such motion shall be filed with the Clerk’s office for docketing.

CRITICAL

Applies to

Pleadings

Pleadings must state the basis of the claim, show the debits and credits used to determine the balance, and include supporting documentation.

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.

CRITICAL

Applies to

Attorney issued subpoena

Attorney-issued subpoenas transmitted for Sheriff’s service must include a transmittal sheet containing all pertinent information.

Attorney-issued subpoenas to be transmitted by Sheriff's Service must be accompanied by a transmittal sheet containing all pertinent information.

CRITICAL

Applies to

Affidavit

The affidavit form must be completely filled out, with all appropriate boxes checked.

The form must be completely filled out with all appropriate boxes checked.

CRITICAL

Applies to

Court filing

Counsel licensed to practice law in Virginia must include their Virginia Bar number and email address.

All counsel licensed to practice law in Virginia shall include their Virginia Bar number and email address.

CRITICAL

Applies to

Community service time sheet

The Court-provided community service time sheet must be signed by the immediate supervisor at the selected nonprofit site.

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.

CRITICAL

Applies to

Praecipe

An attorney who notes an appearance must file a Praecipe that includes a hearing time estimate.

If an attorney notes an appearance, the attorney must file a Praecipe including a time estimate for the hearing.

CRITICAL

Applies to

Plea and recommendation form

For criminal charges, all parties, counsel, and any interpreter must review and complete the form’s back side with appropriate acknowledgements and signatures; this is not required for traffic infractions.

For criminal charges, all parties, counsel, and any interpreter must review and complete the back side of the form with the appropriate acknowledgements/signatures (the back side of the form is not necessary for traffic infractions);

CRITICAL

Applies to

Bond decision appeal

A party appealing a bond decision must properly note the appeal in the Clerk’s Office.

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

CRITICAL

Applies to

Restricted driving privileges request

A restricted driving privilege request, modification, or motion made after conviction or suspension must include a DMV Compliance Summary and, when applicable, a VASAP/ACS good-standing letter and child visitation or custody order.

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)

CRITICAL

Applies to

Subpoena duces tecum

A Subpoena Duces Tecum must include a specific list of the requested documents.

For a Subpoena Duces Tecum, a specific list of documents being requested must be provided.

CRITICAL

Applies to

Attorney fee request

A civil attorney-fee request must be supported by a proper fee affidavit and, if appropriate, an accompanying statement of account or other itemization of time and costs.

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.

CRITICAL

Applies to

Affidavit

A Default Servicemember’s Civil Relief Act affidavit must be filed with the initial pleadings for each civil filing and each defendant.

The affidavit must be filed with the initial pleadings for each civil filing and for each Defendant.

CRITICAL

Applies to

Protective order petition

Every petition for protection must include the plaintiff’s sworn supporting affidavit.

All petitions must be accompanied by Plaintiff’s sworn affidavit in support of the request for protection.

CRITICAL

Applies to

Plea related documents

Plea-related documents must be submitted to the bailiff or courtroom clerk.

All plea-related documents are to be submitted to the bailiff or courtroom clerk.

CRITICAL

Applies to

Filing or pleading

A written request for non-administrative court action must be made through an appropriate filing or pleading that complies with the VSCR and ex parte prohibition.

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.

CRITICAL

Applies to

Subpoena request

If a subpoena will be served by private process, the subpoena request must state that when filed.

If the subpoena is to be served by private process, please note this with the subpoena request at the time it is filed.

WARNING

Applies to

Notice of appearance

In misdemeanor cases, counsel may waive the defendant’s appearance by entering a Notice of Appearance and being present at arraignment to select a court date.

For misdemeanor cases, the Defendant’s appearance may be waived by counsel upon entry of a Notice of Appearance when counsel is present at arraignment to select a court date.

WARNING

Applies to

Agreed order

The Court encourages parties to submit proposed, fully endorsed agreed orders to the Clerk with a written request that the matter be directed to chambers.

The Court encourages parties to submit proposed, fully endorsed, agreed orders to the Clerk, along with a written request to have the matter directed to chambers

WARNING

Applies to

Praecipe

Counsel should file a Praecipe with the Court as soon as possible giving notice to the other party of Counsel’s intent to move the small claims matter to the regular General District Court civil docket for trial.

Counsel should file a Praecipe with the Court as soon as possible giving notice to the other party of Counsel’s intent to move the small claims matter to the regular General District Court civil docket for trial.

WARNING

Applies to

Plea related forms

For cases involving an Adult Court Services referral, deferred finding order, or restricted-license request, defense counsel is expected to prepare the forms and submit them with the plea form.

For cases involving a referral to Adult Court Services, a deferred finding order, or requests for restricted license, Counsel for Defendant is expected to prepare the forms and submit with the plea form to the Court;

WARNING

Applies to

Notice of appearance

The Court recommends, but does not state as mandatory, that an attorney first note an appearance through a formal Notice of Appearance, Praecipe, or other appropriate VSCR-compliant filing.

It is a best practice, and the preference of this Court, for any attorney appearing on behalf of a party to first note his/her appearance by formal Notice of Appearance, Praecipe, or other appropriate filing consistent with the VSCR.

WARNING

Applies to

Restricted driving privileges request

Restricted-driving-privilege requests may be submitted administratively through the Clerk’s Office to judicial chambers, with the requested court action clearly indicated in writing.

Any such requests may be made administratively by submitting all of the appropriate documentation through the Clerk’s Office to the attention of judicial chambers with the requested court action clearly indicated in writing.

WARNING

Applies to

Plea and recommendation form

When parties elect to present a proposed plea and recommendation, they should use a completed, legible standard form containing the listed case and party information.

If the parties elect to present a proposed plea and recommendation to the Court in any matter, the proposed agreement should be reduced to writing as follows: a. A completed and legible standard Plea and Recommendation form which includes the Defendant’s name, the prosecutor’s name, the attorney’s name (if applicable), the arresting officer’s name, the case number(s), charged/amended code section(s), and the applicable VCC code(s) on the amended charges.

WARNING

Applies to

DC-344 motion to waive court appearance

In felony cases, the defendant’s appearance may be waived upon filing a fully executed DC-344 Motion to Waive Court Appearance.

For felony cases, the Defendant’s appearance may be waived upon filing of a fully executed DC-344 Motion to Waive Court Appearance (available on vacourts.gov).

WARNING

Applies to

Emergency filing

Any filing that seeks immediate court action or variance from the procedures set forth herein should be appropriately labeled and identified as an “Emergency” in writing.

Any filing that seeks immediate court action or variance from the procedures set forth herein should be appropriately labeled and identified as an “Emergency” in writing.

WARNING

Applies to

Proposed consent order

Parties should include sufficient grounds, good cause, and applicable authority with each proposed consent order; the Court may decline, deny, or set it for hearing if information is insufficient.

Sufficient grounds, good cause and authority (where applicable) should be included with every proposed consent order, either in the proposed order or in an accompanying motion, to provide the Court enough information to make an informed decision on the proposed consent order. If there is insufficient information, the proposed order may be declined, denied, or may be docketed by the Court for hearing, in the Court’s discretion

WARNING

Applies to

Court filing

Must include

certificate of service

All filings that require a copy to be provided to the opposing party should be so certified consistent with the VSCR or other appropriate means, to include a statement of the method by which a copy has been transmitted to the opposing party.

All filings that require a copy to be provided to the opposing party should be so certified consistent with the VSCR or other appropriate means, to include a statement of the method by which a copy has been transmitted to the opposing party.

WARNING

Applies to

Emergency filing

If there is a specific docketing request related to the matter, the request should be clearly stated in the filing.

If there is a specific docketing request related to the matter, the request should be clearly stated in the filing.

WARNING

Applies to

Default judgment supporting documents

Plaintiffs are strongly encouraged to submit all default-judgment supporting documents before the first return.

Plaintiffs are strongly encouraged to submit all supporting documents prior to the first return.

INFO

Applies to

Proposed settlement order or related agreed order

Parties may submit proposed settlement or related agreed orders to the Clerk with a written request for in-chambers consideration before the scheduled hearing.

Proposed settlement orders, or other related agreed orders may be submitted to Clerk with a written request for the matter to be considered in chambers in advance of a scheduled hearing date.

INFO

Applies to

Emergency filing

Certain matters, including the specified protective-order and unlawful-ouster petitions, follow the emergency filing procedure without needing an “Emergency” label.

Matters that are automatically handled according to this Court’s emergency filing procedure listed above, without need to be labeled or identified as an “emergency,” including a Petition for a Preliminary Protective Order pursuant to Virginia Code §19.2-152.9 or a Petition for Unlawful Ouster/Exclusion pursuant to Virginia Code §55.1-1243.

INFO

Applies to

Agreed continuance order

The parties are encouraged, but not required, to use the Court-created Agreed Continuance Order form.

The parties are encouraged to use the form Agreed Continuance Order created by the Court.

INFO

Applies to

Agreed order

Counsel are encouraged to use agreed orders that state specific conditions or requirements, given the limited or nonexistent space on the warrant or summons.

Agreed orders setting forth specific conditions and/or requirements are encouraged given the limited space provided on the back of the warrant (and complete lack of space on a summons).

INFO

Applies to

Preliminary protective order application

A petitioner may complete the preliminary protective order paperwork by hand or using the terminal in the GDC clerk’s office.

The petitioner may complete the paperwork by hand or via the terminal located in the GDC clerk’s office.

INFO

Applies to

Praecipe notice or motion

As a best practice, include a time estimate for the motion in any filed Praecipe, Notice, or Motion.

It is a best practice to include a time estimate for the motion in any Praecipe, Notice or Motion that is filed.