Gloucester County Circuit Court, Virginia Document Filing Requirements

CRITICALCriminal cases

Applies to

Response

Any Commonwealth response must state whether a hearing on the petition is requested.

Any response by the Commonwealth must indicate whether a hearing on the petition is requested.

CRITICAL

Applies to

Notice

Once the hearing date is finalized, the moving party must file the appropriate Notice.

Once a date is finalized, the moving party must file and serve the appropriate Notice.

CRITICALCriminal cases

Applies to

Petition

The petitioner must submit a complete set of their fingerprints.

The Petitioner must submit a complete set of the Petitioner's fingerprints.

CRITICALCriminal cases

Applies to

Community service credit documentation

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.

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.

CRITICAL

Applies to

Notice of hearing

Must include

certificate of conference

A notice of hearing must include a certification that the movant conferred or attempted in good faith to confer with affected parties.

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.

CRITICALCriminal cases

Applies to

Petition

A firearm-rights restoration petition must provide the listed identifying, criminal-history, and other information under oath.

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

CRITICALCriminal cases

Applies to

Payment agreement modification request

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.

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 .

CRITICAL

Applies to

Praecipe

A Praecipe must be filed before setting a case for trial, except for cases listed in Sections II.D or II.E.

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.

CRITICAL

Applies to

Civil case setting

All civil cases must be set prior to and outside of Docket Call after praecipe is filed.

All civil cases must be set prior to and outside of Docket Call after praecipe is filed.

CRITICAL

Applies to

Notice of appeal

For district-court appeals other than those listed in Paragraphs D.4.a or D.4.b, the Notice of Appeal must indicate the date set for the trial-setting call, which must be a Term Day at 10:00 a.m.

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.

CRITICALCriminal cases

Applies to

Petition

The petitioner must submit a state police record check, SP-167.

The Petitioner must submit a state police record check SP-167.

CRITICALCriminal cases

Applies to

Petition

A firearm-rights restoration petition must include copies of the listed conviction, sentencing, probation, and restoration orders.

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

CRITICALCriminal cases

Applies to

Petition

The court will not consider a petition until the required information and supporting materials are filed and service on the Commonwealth's attorney is completed.

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).

CRITICAL

Applies to

Order setting trial

After determining the trial date, the Court will enter an Order Setting Trial establishing the trial date, trial length, and jury status, directing preparation of a Uniform Pretrial Scheduling Order, and referring the matter to a settlement conference where appropriate.

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.

WARNING

Applies to

Praecipe

If the parties fail to comply with the procedures or the Order Setting Trial, the Court will remove the trial date and require a new Praecipe.

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.

INFOCriminal cases

Applies to

Petition

The petitioner may submit relevant additional documentation in support of the petition.

The Petitioner may submit any relevant additional documentation in support of the Petition.

INFOCriminal cases

Applies to

Response

The Commonwealth's Attorney is entitled to respond to the petition and represent the Commonwealth's interests.

The Commonwealth's Attorney is entitled to respond to the petition and represent the interests of the Commonwealth.