Gloucester County Circuit Court, Virginia
Court-Level Rules, Filing Procedures & Policies
- Rules last changed:
Communication
Phone
Chambers
Fax
Chambers
Letter via fax
Chambers
Document Format Requirements1 rule
A. Request. The court will only conduct a hearing if requested by either party in writing.
- Hearing request
Formatting
- •The hearing request must be in writing
Document Filing Requirements17 rules
All civil cases must be set prior to and outside of Docket Call after praecipe is filed.
A firearm-rights restoration petition must provide the listed identifying, criminal-history, and other information under oath.
Court's wording
Any petition seeking a firearm rights restoration order must contain the following information under oath: Full Name of Petitioner ii. All other names used by Petitioner Petitioner's residence address iV. Petitioner's date of birth V. Petitioner's Social Security Number VI. Petitioner's complete criminal history, including: a. Jurisdiction b. Charge c. Date(s) of Conviction Disposition Vil. Whether there are any pending charges vili. Whether the Petitioner is subject to a protéctive or other restraining order, or a substantial risk order
Any response by the Commonwealth must indicate whether a hearing on the petition is requested.
The Petitioner must submit a complete set of the Petitioner's fingerprints.
The Petitioner must submit a state police record check SP-167.
A firearm-rights restoration petition must include copies of the listed conviction, sentencing, probation, and restoration orders.
Court's wording
Any petition seeking a firearm rights restoration order must contain the following supporting documentation: i. Copy of the underlying felony conviction and sentencing orders ii. Copy of any other conviction and sentencing orders Copy of any felony probation violation orders IV. Copy of any orders releasing the Petitioner from supervised probation V. Copy of Governor's rights restoration
The Court will not consider any petition seeking a firearm rights restoration order until all information required by paragraphs 1(A), 1(B), 1(D) and 1(E) has been filed and the petitioner has complied with paragraph 1(F).
A defendant may request modification of a payment agreement in writing on Form DC-211, and the Clerk may grant it upon a good-faith showing of need.
Court's wording
At any time during the duration of a payment agreement, the defendant may request a modification of the agreement in writing on Form DC-211, PETITION FOR PAYMENT AGREEMENT FOR FINES AND COSTS OR REQUEST TO MODIFY EXISTING AGREEMENT, and the Clerk may grant such modification based on a good faith showing of need .
To receive credit for community service while not under active probation, the defendant must submit documentation of the hours and dates and a verifying letter on agency letterhead with the supervisor's original signature; the Clerk may refuse credit without this proof.
Court's wording
In order to be accepted and credited, the defendant must submit paperwork documenting the number of hours performed and the dates those hours were performed; together with a letter, on the agency's letterhead with an original signature of the person supervising the community service, verifying that the community service listed was actually performed and the defendant received no compensation for that community service. The Clerk may refuse to credit any community service performed that does not include this proof and verification.
Once a date is finalized, the moving party must file and serve the appropriate Notice.
A notice of hearing must include a certification that the movant conferred or attempted in good faith to confer with affected parties.
- Document
- Notice of hearing
Include
- •Certificate of conference
Court's wording
Rule 4:15(b) of the Rules of the Supreme Court of Virginia provides that a notice of hearingmust be accompanied by a certification that the movant has in good faith conferred or attempted to confer with other affected parties in an effort to resolve the dispute without court action.
Except for those cases listed in Sections II.D or II. E below, a Praecipe must be filed prior to setting the case for trial.
Except for those cases listed in Paragraphs D.4.a or D.4.b below, when a case is appealed from the district court, the district court clerk will indicate on the Notice of Appeal the date the case "is scheduled to be called for setting of trial date, which date must be a Term Day, at 10:00 a.m.
Once the trial date is determined, the Court will enter an Order Setting Trial which will (i) establish the trial date, the length of trial, and whether the trial is with a jury; (ii) direct the preparation of a Uniform Pretrial Scheduling Order pursuant to Rule 1:18; and (iii) refer, where appropriate, the matter to a Settlement Conference using the Judicial Settlement Conference Program pursuant to Rule 1:19.
Should the parties fail to comply with the procedures outlined above or the Order Setting Trial, the Court will remove the scheduled trial date, and a new Praecipe will be required.
The Petitioner may submit any relevant additional documentation in support of the Petition.
The Commonwealth's Attorney is entitled to respond to the petition and represent the interests of the Commonwealth.
Filing & Service rules
Filing Timing and Cure Windows
The Commonwealth must file any response within 21 days of service or mailing.
Any response by the Commonwealth must be filed within 21 days of service or mailing.
Criminal cases
Page 2 | 2. Response by the Commonwealth—B. Time
With limited exceptions, civil cases must be set before and outside Docket Call using the specified procedures.
With limited exception, all civil cases must be set prior to and outside of Docket Call using the procedures outlined below.
Page 3 | II. SETTING CIVIL CASES FOR TRIAL, B. Docket Call, 2. Setting cases
Counsel must fax their available trial dates, expected trial length, and jury-demand status to chambers by the Wednesday before Term Day; failure to submit dates waives any objection to the chosen trial date.
No later than the Wednesday prior to Term Day, counsel must fax their available dates to the judge's chambers at (804) 693-1755, and indicate the expected length of trial and whether a jury is demanded.
Page 4 | II. SETTING CIVIL CASES FOR TRIAL, C. Setting cases - Praecipe, 3. Available Dates
Counsel must fax trial availability, expected trial length, and jury-demand status to chambers no later than the Wednesday before the Term Day indicated in the Notice of Appeal.
No later than the Wednesday prior to the Term Day indicated in the Notice of Appeal, counsel must fax their available dates to the judge's chambers at (804) 693-1755, and indicate the expected length of trial and whether a jury is demanded.
Page 4 | II. SETTING CIVIL CASES FOR TRIAL, D. Setting cases - Appeal, 2. Available Dates
The Praecipe must be filed at least 10 days before Term Day.
The Praecipe must be filed at least ten (10) days prior to Term Day.
Page 4 | II. SETTING CIVIL CASES FOR TRIAL, C. Setting cases - Praecipe, 2. Timing of Praecipe
Service and Proof of Service Rules
A copy of the petition must be mailed or delivered to the attorney for the Commonwealth.
A copy of the petition must be mailed or delivered to the attorney for the Commonwealth.
Criminal cases
Page 2 | 1. Petition—F. Service
Once the hearing date is finalized, the moving party must serve the appropriate Notice.
Once a date is finalized, the moving party must file and serve the appropriate Notice.
Page 2 | I. SCHEDULING MOTIONS, D. Procedure
Pre-Motion Conference Requirements
Counsel must confer with each other and pro se parties to avoid unnecessary motions and narrow issues; absent contrary binding authority, the consultation must be in person or by telephone.
Accordingly, counsel must confer with each other and prose parties to decrease, in every way possible the filing of unnecessary motions, and to narrow the issues to be decided by the Court. Absent binding authority to the contrary, a duty to confer to resolve a dispute without court action-whether imposed by the Rules of the Supreme Court or by Order- will be interpreted to require consultation in person or by telephone to explore the possibility of resolving or narrowing the matters in controversy.
Page 3 | I. Conferring
Adjournment & Extension Requirements
A hearing may not be removed or rescheduled unless the moving party notifies the Court.
No hearing will be removed or rescheduled unless the moving party notifies the Court.
Page 2 | I. SCHEDULING MOTIONS, G. Removal or rescheduling
Chambers Communication Rules
After agreeing on a hearing date, the moving party must call chambers to provide the chosen date.
Once a hearing date is agreed, the moving party must contact judge's chambers at (804) 693-1358 to advise of the chosen date.
Page 2 | I. SCHEDULING MOTIONS, D. Procedure
After filing a motion, the moving party must call chambers to provide the motion type and expected hearing length and obtain available hearing dates and times.
After filing the motion, the moving party must contact judge's chambers at (804) 693-1358 to advise the type of motion filed and the expected length of the hearing, and to obtain the dates and times available for the hearing.
Page 2 | I. SCHEDULING MOTIONS, D. Procedure
Counsel must fax the required trial-setting information to chambers by the Wednesday before the indicated Term Day; failure to submit dates waives any objection to the chosen trial date.
No later than the Wednesday prior to the Term Day indicated in the Notice of Appeal, counsel must fax their available dates to the judge's chambers at (804) 693-1755, and indicate the expected length of trial and whether a jury is demanded. Should any counsel fail to submit their available dates as required, such counsel and their party will be deemed to have waived any objection to the chosen trial date.
Page 4 | II. SETTING CIVIL CASES FOR TRIAL, D. Setting cases - Appeal, 2. Available Dates
Counsel must fax trial availability and the expected trial length and jury-demand status to chambers; the preferred alternative is for the Praecipe filer to fax dates agreed to by all participants, and failure to submit dates waives an objection to the selected date.
No later than the Wednesday prior to Term Day, counsel must fax their available dates to the judge's chambers at (804) 693-1755, and indicate the expected length of trial and whether a jury is demanded. Should any counsel fail to submit their available dates as required, such counsel and their party will be deemed to have waived any objection to the chosen trial date. In the alternative and by preference of the Court, the party filing the Praecipe may obtain all participants mutually agreeable available dates, and fax to the judge's chambers a list of dates that are agreeable to all participants, along with the expected length of trial and whether there is a jury demand.
Page 4 | II. SETTING CIVIL CASES FOR TRIAL, C. Setting cases - Praecipe, 3. Available Dates
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 agreement shall promptly inform the court of any change of mailing address during the term of the agreement.
Criminal cases
Page 5 | 8. Address change
Promptly after the Notice of Appeal is filed, counsel should confer with one another and contact Chambers by phone to schedule trial.
Promptly after the Notice of Appeal is filed, counsel involved in the appeal should confer with each other and contact the judge's chambers at (804) 693-1358 to schedule the matter for trial.
Page 6 | II. SETTING CIVIL CASES FOR TRIAL
Pendente Lite and civil motions are heard on a motions day set by the judge; a phone number is provided in connection with scheduling.
Pendente Lite and civil motions heard on motions day set by the judge 804-693-1358.
Page 1 | Terms of Court and General Information
As an alternative preferred by the Court, the party filing the Notice or counsel may fax Chambers mutually agreeable dates, the expected trial length, and whether there is a jury demand.
In the alternative and by preference of the Court, the party filing the Notice, or any counsel involved in the appeal, may obtain all participants' mutually agreeable available dates, and fax to the judge's chambers a list of dates that are agreeable to all participants, along with the expected length of trial and whether there is a jury demand.
Page 5 | II. SETTING CIVIL CASES FOR TRIAL
To avoid appearing at Docket Call, counsel may fax Chambers available dates, the expected trial length, and whether a jury is demanded, no later than the preceding Wednesday.
To avoid appearing at Docket Call, counsel may, no later than the Wednesday prior to Docket Call, fax their available dates to the judge's chambers at (804) 693-1755, advise the expected length of trial, and advise whether a jury is demanded.
Page 6 | F. Pro se parties