Fauquier General District Court, Virginia Filing Timing and Cure Windows

CRITICAL

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.

CRITICAL

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.

CRITICAL

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.

CRITICAL

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.

CRITICAL

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.

CRITICAL

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.

WARNING

Counsel should allow 10 days after judgment before filing a written request for an Abstract of Judgment.

Counsel should allow 10 days after the entry of judgment before filing a written request for an Abstract of Judgment.

WARNING

Civil motions estimated at 10 minutes or less may be docketed for hearing on a Wednesday at 9:00 a.m.; motions of more than 10 minutes must be docketed for scheduling on a Wednesday at 9:00 a.m.

Civil motions of 10 minutes or less may be docketed for hearing on any Wednesday motions docket at 9:00a.m. Civil motions of more than 10 minutes shall be docketed for scheduling on any Wednesday motions docket at 9:00 a.m.

WARNING

The Clerk’s office strongly recommends allowing six to eight weeks between filing a Show Cause Summons or Capias and its return date.

The Clerk’s office strongly recommends that plaintiffs allow six to eight weeks between the filing date of a Show Cause Summons or Capias and the return date to allow sufficient time for the processing and service of the pleading.

INFO

Court-appointed counsel are encouraged to submit a paper DC-40 timesheet when the matter concludes.

Timesheets: Any counsel appearing in a criminal or traffic case as court-appointed counsel are encouraged to submit their paper DC-40 Allowance form (i.e., timesheet) at the time the matter is concluded in this Court.

INFO

Counsel are strongly encouraged to file a bond motion as early as possible when the inmate is incarcerated outside Fauquier County.

For inmates incarcerated outside of Fauquier County, the Court strongly encourages counsel to file the bond motion as early as possible to avoid any potential delays in hearing the motion.

CRITICAL

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.

CRITICAL

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.

CRITICAL

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;

CRITICAL

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.

CRITICAL

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.

CRITICAL

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.

CRITICAL

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.

CRITICAL

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.

CRITICAL

Deadline

48 hours

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.

CRITICAL

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.

CRITICAL

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.

CRITICAL

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.

CRITICAL

Deadline

2 business days

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.

CRITICAL

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.

CRITICAL

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.

CRITICAL

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.

CRITICAL

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.

CRITICAL

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.

CRITICAL

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.

CRITICAL

A judgment must be marked released or satisfied within 30 days of payment.

It must be marked released/satisfied within 30 days of payment.

CRITICAL

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.

CRITICAL

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.

CRITICAL

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.

CRITICAL

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.

CRITICAL

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.

WARNING

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.

WARNING

Document subpoenas should be filed at least 21 days in advance to allow time for processing, service, and compliance.

Similarly, document subpoenas should be filed at least 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.

WARNING

For subpoenas served outside Fauquier County, counsel should plan for at least 30 days and account for forwarding the paperwork to the appropriate jurisdiction and that jurisdiction’s procedures.

Please take into consideration that the paperwork for subpoenas to be served outside of Fauquier County must be forwarded directly to the appropriate jurisdiction in which the service is to be accomplished. Each party making such a request should be familiar with the procedures of the Sheriff's Department in the foreign jurisdiction. As such, service outside of Fauquier County almost certainly takes more time than service within the County. Counsel should plan for at least 30 days.

WARNING

Plaintiffs filing multiple cases at once will be notified of the first return date within three to five business days after filing.

Plaintiffs filing multiple cases at once will be notified of the first return date within three to five business days of filing.

INFO

Attorneys are encouraged to file witness subpoenas as early as possible before the hearing.

Attorneys are encouraged to file witness subpoenas as far in advance of the hearing date as possible.