Hampton Circuit Court, Virginia
Court-Level Rules, Filing Procedures & Policies
- Rules last changed:
Limits & Logistics
Document Limits
Courtesy Copies
Guardian Ad Litem Report
- At Least 10 Days Before Hearing
Adjournments
- A continuance is granted for good cause shown, and the form calls for the good cause to be stated.
- Failure to interview or contact a client may not be an acceptable basis for a continuance.
- An extension for preparing the order may be requested and may be granted at the court’s discretion.
- +20 more
Request must include
- If a transportation order is issued at least 72 hours before a hearing but cannot be honored, the continuance must be on joint motion and does not count toward speedy-trial calculations.
Communication
Phone
Clerk
Phone
Clerk
Phone
Clerk
Clerk
Page & Word Limits1 rule
Absent leave of court, the length of a brief may not exceed twenty (20) pages, double spaced.
- Brief
- Up to 20 pages
- Format
- Double-spaced
Exception
More pages with leave of court
Document Format Requirements9 rules
All plea agreements will be typed and prepared prior to court.
- Plea agreement
Formatting
- •Plea agreements must be typed and prepared prior to court
Consistent with Rule 3A:8(c)(2), all plea agreements between the Commonwealth and the accused in felony cases must be reduced to writing.
Upon completion of hours, you must submit your completed hours on letterhead for the non-profit and must be signed by supervisor. We will need contact information for said non-profit to verify hours.
When an income/expense statement is required, each party must use a standard income/expense statement like the one attached as Appendix A.
For simplicity and continuity, the Court requires the parties to use the forms attached as appendices, or at least forms like the ones attached.
All briefs should be in twelve (12) point font size in Times New Roman font.
- Font
- Times New Roman
- Font size
- 12 points
- Brief
Defendants may sign and initial the form at counsels' table only.
Upon completion of hours, you must submit your completed hours on Company letterhead and must be signed by a supervisor.
Document Filing Requirements87 rules
If you believe you are eligible for this program, please fill out an application in the Clerks Office. Proof of being in a program outlined in numbers 2-7 above will be required upon applying.
Upon completion of hours, you must submit your completed hours on Company letterhead and must be signed by a supervisor. We will need contact information for said non-profit to verify your hours.
Upon completion of hours, you must submit your completed hours on letterhead for the non- profit and must be signed by supervisor. We will need contact information for said non-profit to verify hours.
Any party who desires to have a civil action or cause set for trial will notify the Clerk of Court by filing a praecipe (see Appendix Form 1). Only those cases in which a praecipe has been received and filed by the Clerk will be set.
This Court requires all parties to file briefs in support of or in opposition to a motion.
Every Notice of Hearing must include the amount of time that has been allotted by the Court.
The notice must 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 decrease, in every way possible, the filing of unnecessary motions, and to narrow the issues to be decided by the court.
Except as dispensed with in the Court’s discretion pursuant to Rule 1:13 of the Rules of the Supreme Court of Virginia, all orders must be endorsed by all counsel of record or by the parties if not represented by counsel, and include the name of each attorney or party typed or printed below their respective endorsement.
In all civil cases, any order drafted by an attorney memorializing a ruling of the Court must include, beneath the judge’s signature line, the name of the judge who made the ruling.
All civil orders must list the names of all parties involved (No ‘et al’).
In all civil cases where a party is represented by an attorney, the attorney will prepare the final order for the Court to sign.
If a party is represented by an attorney in a Child Support or Spousal Support case, the attorney will calculate and provide Child Support and Spousal Support guidelines.
In all such cases, the guardian ad litem shall file with the Court a written report containing the GAL’s findings with recommendations, and the basis for those recommendations.
Any party opposing a written motion must file any objections in writing 5 days after service of such motion, unless a different schedule is set by the court.
Consistent with Virginia Supreme Court Rule 1:27, a written motion must be filed with the Clerk’s Office for an attorney or witness for a party to appear remotely, at least 15 days in advance of the trial or hearing. Any party opposing a written motion must file any objections in writing 5 days after service of such motion, unless a different schedule is set by the court. Please use Appendix Form 2 to request remote participation.
If neither party is represented by an attorney but a guardian ad litem is involved in the case, the guardian ad litem will calculate and provide guidelines for the Court to consider.
If you have scheduled a Bond Hearing and wish to withdraw your bond hearing, please fill out Appendix Form 4 and submit it to the Court in advance of the hearing date.
Any attorney who wishes to be substituted as counsel in a pending case must present an order endorsed by a Commonwealth's Attorney to the Criminal Division of the Circuit Court.
If a private attorney is retained, the attorney is required to file a letter of representation with the Court in advance of the hearing date, coordinate a new hearing date with the Commonwealth's Attorney Office, and send a motion to remove the currently scheduled hearing from the docket.
If a new hearing date is required, the substituted counsel will coordinate a new date with the Commonwealth's Attorney and will submit a continuance form with the endorsement of all parties.
If the withdrawal is granted, a Withdrawal of Counsel Order Form (Appendix Form 5) must be completed in Court and submitted accordingly.
Any plea agreement offered to the Court after the rejection of an earlier plea agreement shall state that a previous plea agreement has been submitted.
Consistent with Va. Code § 19.2-298.01, the parties will provide the Court with sentencing guidelines, submitted prior to Court on SWIFT, in all felony cases to include those involving deferred findings.
Defense counsel will discuss and complete the plea colloquy form with the accused in advance of court (see Appendix Form 6).
Attorneys or parties must confirm whether a jury must be impaneled.
Proposed civil jury instructions submitted to the Court must identify the authority relied upon for each instruction.
Court's wording
Counsel for all parties, unless compliance is waived by the court, must, two days before a civil jury trial date, submit to the court a copy of all instructions such counsel proposes to request – in electronic or paper form as directed by the court – and noting thereon the authority or authorities relied upon for such instructions.
The order shall state upon whose request the continuance is granted; the date from which the trial or hearing is being continued; the new trial or hearing date; and any such other terms as the Court may require.
B. Prior to issuing a marriage license, a final divorce decree must be provided to the clerk's office.
D. All divorce petitions filed in the Hampton Circuit Court must include the original marriage certificate or a certified copy of the marriage certificate.
Attorneys and pro se litigants must include an AI-use disclosure certification at the end of or attached to each filing when AI was used.
- Document
- Filing
Must include
- •AI disclosure
Court's wording
However, all attorneys and pro se litigants alike shall henceforth provide a disclosure in the form of a certification at the end of, or attached to, filings disclosing the use of AI in any pleading, exhibit to any pleading, memoranda, sketch order, or any other filing.
Attorneys and pro se litigants must file an AI-use disclosure certification for proposed exhibits, including demonstrative exhibits.
- Document
- Certification
Must include
- •AI disclosure
Court's wording
Henceforth, all attorneys and pro se litigants shall also, ten (10) days before any trial or evidentiary hearing, file a certification disclosing the use of AI in any proposed exhibits (including demonstrative exhibits).
The praecipe form includes a certificate stating that a copy was mailed or hand delivered to counsel and served on any unrepresented parties.
Court's wording
I hereby certify that on the ____ day of _____, 20____, a true copy of the foregoing Praecipe was mailed or hand delivered to all counsel of record herein pursuant to Rule 1:12 of the Rules of the Supreme Court of Virginia, and served a true copy upon parties not represented by counsel, if any.
I certify that the above styled matter is matured and ready for trial on its merits and request the Clerk to set it on the docket for trial with ( ) or without ( ) a jury.
The remote-appearance motion form calls for the hearing date and time, the party and person seeking remote appearance, contact information, and the reason for the request.
Court's wording
THIS DAY, came the Attorney for the [ ] Petitioner/Plaintiff or [ ] Respondent/Defendant, upon their motion to allow [ ] themselves or [ ] a witness(es) to appear remotely for a hearing set on _____, 20____ at _____ A.M./P.M. Person(s) wishing to appear remotely: _____ Contact information for person wishing to appear remotely: Phone Number: _____ Email: _____ Contact information for person wishing to appear remotely: Phone Number: _____ Email: _____ The reason for permitting the remote testimony is:
If qualifying additional charges are joined after this order is entered, the parties must have another Scheduling and Discovery Order signed and entered.
Court's wording
Any additional charges sought and brought either through direct indictment or through an additional preliminary hearing that was presented to a different Grand Jury that may be joined to these charges after this Scheduling and Discovery Order is entered will be required to have another Scheduling and Discovery Order signed and entered by the parties.
The accused must allow the Commonwealth to inspect and copy or photograph specified scientific reports the defense intends to use at trial or sentencing.
Court's wording
K. Reports: The accused will permit the Commonwealth to inspect and copy or photograph any written reports of autopsy examinations, ballistics tests, fingerprint analyses, handwriting analyses, blood, urine, and breath analyses, and other scientific testing within the possession, custody, or control of the accused that the defense intends to proffer or introduce into evidence at trial or sentencing. Va. Sup. Ct. R. 3A:11(d)(1).
If the accused intends to rely on an insanity defense, the accused must provide copies of case-related physical or mental examination results or reports; statements made during the examination may not be used by the Commonwealth in its case-in-chief.
Court's wording
M. Findings of Insanity: Pursuant to Va. Code § 19.2-169.5, the accused will provide a copy of any results or reports of physical or mental examinations made in connection with the particular case if the accused intends to rely upon the defense of insanity, pursuant to Chapter 11 of Title 19.2 of the Code of Virginia; provided, however, that no statement made by the accused in the course of such an examination disclosed pursuant to this section will be used by the Commonwealth in its case-in-chief, whether the examination was conducted with or without the consent of the accused.
O. Other Witnesses: The accused will disclose to the Commonwealth in writing, not later than ten (10) days prior to trial a written list of all witnesses, including their addresses, expected to testify for the accused at trial or sentencing.
No later than 14 days before trial, the accused must give the Commonwealth written notice of intended expert opinion testimony and provide the expert’s report or a written summary of the opinions and their bases and reasons, plus the expert’s qualifications and contact information, including for responsive experts.
Court's wording
N. Designation of Expert Witnesses: The accused will notify the Commonwealth in writing, not later than fourteen (14) days prior to trial of the intent to introduce expert opinion testimony at trial or sentencing and provide to the Commonwealth: (i) any written report of the expert setting forth the witness's opinions and the bases and reasons for those opinions, or, if no such report exists, a written summary of the expected expert opinion testimony setting forth the witness's opinions and the bases and reasons for those opinions, the accused intends to use at trial, even if the expert testimony is to be offered in response to a previously-noticed expert of the Commonwealth, and (ii) the witness's qualifications and contact information. Va. Sup. Ct. R. 3A:11(d)(4)(A).
The accused must disclose whether an alibi defense is intended and, if so, the place claimed as the accused’s location when the alleged offense occurred.
Court's wording
L. Alibi: The accused will disclose to the Commonwealth whether the accused intends to offer a defense of alibi, and, if so, disclose the place at which the accused claims to have been at the time the alleged offense was committed. Va. Sup Ct. R. 3A:11(d)(2).
P. Diminished Capacity Defense: Pursuant to Va. Code § 19.2-271.6, the accused will follow all notice and inspection requirements according to this code section, however, none of the statements made in the examination can be used by the Commonwealth in its case-in-chief, whether the examination was conducted with or without the consent of the accused.
The Commonwealth must promptly produce exculpatory material, and its duties to provide exculpatory or impeachment evidence supersede discovery limitations in the Order.
Court's wording
It is further ORDERED that the Commonwealth will comply with its obligations to promptly produce exculpatory material as required by Brady v. Maryland, 373 U.S. 83 (1963), United States v. Agurs, 427 U.S. 97 (1976), and Giglio v. United States, 405 U.S. 150 (1972). The constitutional and statutory duties of the Commonwealth's Attorney to provide exculpatory and/or impeachment evidence to the accused supersede any limitation or restriction on discovery provided pursuant to this Order.
The good cause is: _____
All hearings must be properly noticed according to local practice and Rule 4:15(b) of the Rules of the Virginia Supreme Court. Every Notice of Hearing must include the amount of time that has been allotted by the Court.
The guardian ad litem must file a written report containing the GAL’s findings, recommendations, and the basis for those recommendations.
Court's wording
4.5. Guardian ad Litem Reports: Guardian ad litems shall abide by the Standards to Govern the Performance of Guardians ad Litem for Children promulgated by the Supreme Court of Virginia, which are in effect at the time of representation. The guardian ad litem shall file with the Court a written report containing the GAL’s findings with recommendations, and the basis for those recommendations.
3.10. Best Interest Proffers: Best interest proffers are required for pendente lite hearings only when support and/or child custody/visitation will be contested.
4.2. Best Interest Proffers: For all contested custody or visitation hearings, except for emergency hearings, the parties must exchange and file with the Court best interests of the child proffers at least ten (10) days prior to the hearing.
4.3. Emergency Hearings: If a party desires to set an emergency hearing without the requirements set forth above, that party, or his or her counsel, must file a Motion for Emergency Hearing accompanied by an affidavit under oath stating the facts that establish the emergency.
4.1. Parent Education Seminar: Prior to considering contested custody or visitation matters, except for pendente lite or emergency hearings, the Court will require proof of a parent education seminar pursuant to statute.
4.6. Final Payment of Guardian ad Litem: In any case where a guardian ad litem has been appointed, the final custody/visitation order must provide for payment of the guardian ad litem, including the division of payment responsibility between the parties.
4.4. Order Appointing Guardian ad Litem: Any order appointing a guardian ad litem will identify the retainer amount to be paid by each party, and the hourly rate to be charged by the guardian ad litem.
5.1. Requirements for Ore Tenus Hearing: The Court will hear equitable distribution matters and spousal support ore tenus only if the parties comply with these Rules, including by participating in a Prehearing Conference in compliance with Rules 5.8 through 5.11 or by submitting a Consent Pretrial Order in compliance with Rule 5.12.
After reviewing the non-moving party’s forms submitted pursuant to Rule 5.9, the moving party’s counsel must prepare a “universal inventory” or similar document that identifies the contested issues between the parties.
The Court will also require a scheduling order.
The parties must exchange and file with the Court pertinent Section 20-107.1 and 20-107.3 proffers, as well as current income and expense statements, at least ten (10) days before the hearing.
Each party must complete the appropriate equitable distribution and/or permanent spousal support forms, using the attached forms or similar forms; the party is bound by the information provided.
Court's wording
Prior to the Prehearing Conference, each party must complete the appropriate forms for equitable distribution and/or permanent spousal support. Each party will be bound by the information contained in his or her completed forms. For simplicity and continuity, the Court requires the parties to use the forms attached as appendices, or at least forms like the ones attached.
A pretrial order will be prepared and submitted to the Court for entry after the Prehearing Conference.
Before submitting a proposed Consent Pretrial Order, each party must complete the appropriate forms and attach them to the proposed order.
Court's wording
Prior to submitting such an order, each party must complete the appropriate forms for equitable distribution and/or permanent spousal support, and those forms must be attached to any Consent Pretrial Order proposed by the parties.
The § 20-107.3 proffer form directs the party to describe the factors listed in items 1–11, including the specified attached schedules.
Court's wording
§ 20-107.3 PROFFER OF [NAME OF CLIENT] Civil Action Number [CASE NUMBER] PURSUANT TO VIRGINIA CODE § 20-107.3, DESCRIBE: 1. The contributions, monetary and nonmonetary, of each party to the well-being of the family. 2. The contributions, monetary and nonmonetary, of each party in the acquisition and care and maintenance of such marital property of the parties. 3. The duration of the marriage. 4. The ages and physical and mental condition of the parties. 5. The circumstances and factors which contributed to the dissolution of the marriage, specifically including any ground for divorce under the provisions of subdivision A (1), (3) or (6) of § 20-91 or § 20-95. 6. How and when specific items of the marital property were acquired. SEE ATTACHED PROPERTY INVENTORY AND PENSION SCHEDULES. 7. The debts and liabilities of each spouse, the basis for such debts and liabilities, and the property which may serve as security for such debts and liabilities. SEE DEBT SCHEDULE AND PROPERTY INVENTORY. 8. The liquid or nonliquid character of all marital property. PLEASE SUMMARIZE FROM SCHEDULES. 9. The tax consequences to each party. 10. The use or expenditure of marital property by either of the parties for a nonmarital separate purpose or the dissipation of such funds, when such was done in anticipation of divorce or separation or after the last separation of the parties. 11. Such other factors as may be necessary for the Court to consider in order to arrive at a fair and equitable monetary award.
If the spouse is requesting spousal support, the proffer must state the amount and form of award the filer believes the court should order, including the duration if defined.
Court's wording
C. IF YOUR SPOUSE IS REQUESTING AN AWARD OF SPOUSAL SUPPORT: 1. State the amount of support you believe the court should award and state whether the award should be in the form of periodic payments for a defined duration, periodic payments for an undefined duration, a lump sum or a combination thereof. If you believe the award should be for a defined duration, state the length of the duration that you are requesting the court to order.
Filing & Service rules
Electronic Filing Rules
Emailing a filing does not constitute filing; a physical copy must be filed with the clerk, and its date-and-time stamp controls timeliness.
Emailing a copy of any filing does not count as proper filing. A physical copy must be filed with the clerk's office and the date and time stamp given to that physical filing is what will count for timeliness of filings.
Page 15 | Rule 5.6 – Criminal Division of Circuit Court
Emailing a copy of a filing does not constitute proper filing.
Note: Emailing a copy of any filing does not count as proper filing.
Page 18 | Rule 11.2 – Clerk's Office Deadlines and Information
Faxed or emailed pleadings are not accepted in civil matters.
C. Faxed or Emailed pleadings for Civil Matters are not accepted.
Page 18 | Rule 11.2 – Clerk's Office Deadlines and Information
A physical copy must be filed with the Clerk's Office, and its date and time stamp determines filing timeliness.
A physical copy must be filed with the clerk's office and the date and time stamp given to that physical filing is what will count for timeliness of filings.
Page 18 | Rule 11.2 – Clerk's Office Deadlines and Information
Information may be faxed except Probation Reports, but originals of orders and motions must be received timely.
All information may be faxed, except Probation Reports, with the understanding that originals of orders and motions must be received timely.
Page 15 | Rule 5.6 – Criminal Division of Circuit Court
Proposed civil jury instructions must be submitted electronically or on paper, as directed by the Court.
Counsel for all parties, unless compliance is waived by the court, must, two days before a civil jury trial date, submit to the court a copy of all instructions such counsel proposes to request – in electronic or paper form as directed by the court – and noting thereon the authority or authorities relied upon for such instructions.
Page 16 | Rule 6.1 – Jury Trial Procedures
Fax filing is not accepted in civil matters.
Faxes not accepted in civil matters.
Page 1 | Terms of Court and General Information
Faxes are accepted in criminal matters only as provided by the Docket Management & Continuance Policy.
Faxes only accepted in Criminal matters as set forth in the Docket Management & Continuance Policy, amended March 11, 2005.
Page 1 | Terms of Court and General Information
Submitting a voucher online through the provided link is permitted.
C. If you would like to submit your voucher online you may do so at this link: https://eapps.courts.state.va.us/dc40/landing
Page 17 | Rule 9.1 – Court Appointed Counsel – Time Sheets
The Hampton Circuit Court utilizes OCRA and E-Filing.
A. The Hampton Circuit Court utilizes the Judicial Information System Officer of the Court Remote Access System (OCRA) as well as E-Filing.
Page 18 | Rule 11.1 – E-Filing and OCRA
Filing Timing and Cure Windows
When the supporting brief is five pages or fewer, an opposition brief must be filed at least seven days before the hearing.
a brief in support of a motion is five (5) or fewer pages in length, the required notice and the brief must be filed and served at least fourteen (14) days before the hearing and any brief in opposition to the motion must be filed and served at least seven (7) days before the hearing.
Page 9 | Rule 4.3 – Civil Motions Practice
When the supporting brief is five pages or fewer, the notice and supporting brief must be filed at least 14 days before the hearing.
a brief in support of a motion is five (5) or fewer pages in length, the required notice and the brief must be filed and served at least fourteen (14) days before the hearing
Page 9 | Rule 4.3 – Civil Motions Practice
A party opposing a remote-appearance motion must file written objections within five days after service, unless the court sets a different schedule.
Any party opposing a written motion must file any objections in writing 5 days after service of such motion, unless a different schedule is set by the court.
Page 10 | Rule 4.8 – Remote Participation in Civil Hearings
The GAL’s original report must be filed with the Clerk, and copies delivered to Judges’ Chambers and all parties, at least 10 days before the relevant hearing.
The original written report must be filed with the Clerk of Court, with copies delivered to Judges’ Chambers and to all parties, at least ten (10) days in advance of a scheduled hearing at which custody, visitation, or parenting time is at issue.
Page 10 | Rule 4.7 – Guardians Ad Litem for Children – Filing of Reports
To request remote appearance for an attorney or party witness, a written motion must be filed with the Clerk’s Office at least 15 days before trial or hearing.
Consistent with Virginia Supreme Court Rule 1:27, a written motion must be filed with the Clerk’s Office for an attorney or witness for a party to appear remotely, at least 15 days in advance of the trial or hearing.
Page 10 | Rule 4.8 – Remote Participation in Civil Hearings
Responses to motions must be filed no later than 7 days before trial, subject to the stated exceptions for relevant motions in limine and speedy-trial-dismissal motions.
all responses to said motions will be filed on or before seven (7) days prior to trial,
Page 11 | Rule 5.1 – Criminal Docketing Procedures
Motions must be filed no later than 10 days before trial, except for the stated motions in limine and speedy-trial-dismissal exceptions.
All motions will be filed on or before ten (10) days prior to trial,
Page 11 | Rule 5.1 – Criminal Docketing Procedures
The letter of representation must be filed before the hearing date.
If a private attorney is retained, the attorney is required to file a letter of representation with the Court in advance of the hearing date, coordinate a new hearing date with the Commonwealth's Attorney Office, and send a motion to remove the currently scheduled hearing from the docket.
Page 13 | Rule 5.2 – Preferred Criminal Practices, A. New Counsel
Sentencing guidelines must be submitted on SWIFT before court in all felony cases, including cases involving deferred findings.
Consistent with Va. Code § 19.2-298.01, the parties will provide the Court with sentencing guidelines, submitted prior to Court on SWIFT, in all felony cases to include those involving deferred findings.
Page 14 | Rule 5.3 – Plea Agreement Procedures
The date and time stamped on the physical filing with the Clerk's Office controls filing timeliness.
Emailing a copy of any filing does not count as proper filing. A physical copy must be filed with the clerk's office and the date and time stamp given to that physical filing is what will count for timeliness of filings.
Page 15 | Rule 5.6 – Criminal Division of Circuit Court
Unless the Court waives compliance, counsel must submit proposed civil jury instructions with supporting authorities two days before trial, in the form directed by the Court.
Counsel for all parties, unless compliance is waived by the court, must, two days before a civil jury trial date, submit to the court a copy of all instructions such counsel proposes to request – in electronic or paper form as directed by the court – and noting thereon the authority or authorities relied upon for such instructions.
Page 16 | Rule 6.1 – Jury Trial Procedures
Court-appointed attorneys must submit their time sheets for services at the conclusion of the hearing.
A. Court appointed attorneys shall submit their time sheets for services rendered at the conclusion of the hearing, so court costs can be finalized and assessed accordingly.
Page 17 | Rule 9.1 – Court Appointed Counsel – Time Sheets
The cutoff time for E-Filing, deed recording, and marriage licenses is 3:30 p.m.
A. The cut-off time for E-Filing, Deed Recording, and Marriage Licenses is 3:30 p.m.
Page 18 | Rule 11.2 – Clerk's Office Deadlines and Information
The Clerk's Office date and time stamp on a physical filing determines its timeliness.
A physical copy must be filed with the clerk's office and the date and time stamp given to that physical filing is what will count for timeliness of filings.
Page 18 | Rule 11.2 – Clerk's Office Deadlines and Information
The AI-use disclosure certification for proposed exhibits must be filed 10 days before any trial or evidentiary hearing.
Henceforth, all attorneys and pro se litigants shall also, ten (10) days before any trial or evidentiary hearing, file a certification disclosing the use of AI in any proposed exhibits (including demonstrative exhibits).
Page 19 | Rule 12.1 – Use of Artificial Intelligence
Motions must be filed no later than 10 days before trial, except relevant motions in limine and speedy-trial dismissal motions.
All motions will be filed on or before ten (10) days prior to trial, all responses to said motions will be filed on or before seven (7) days prior to trial, and any unresolved motion(s) will be set for hearing no later than three (3) business days before the trial date. This does not apply to relevant motions in limine or motions to dismiss based on speedy trial.
Page 24 | SCHEDULING AND DISCOVERY MOTION AND ORDER
The original guardian ad litem report must be filed with the Clerk, and copies delivered to Judges’ Chambers and all parties, at least ten days before the scheduled hearing.
The original written report must be filed with the Clerk of Court, with copies delivered to Judges’ Chambers and to all parties, at least ten (10) days in advance of a scheduled hearing at which custody, visitation, or parenting time is at issue.
Page 7 | 4.5. Guardian ad Litem Reports
Required documents must be filed with the Court as early as possible and no later than ten days before the hearing.
3.11. Exchange and Filing: All required documents must be exchanged between counsel and filed with the Court at the earliest possible time, but no later than ten (10) days before the hearing.
Page 7 | 3.11. Exchange and Filing
The parties must file child best-interest proffers at least ten days before a contested custody or visitation hearing, except an emergency hearing.
4.2. Best Interest Proffers: For all contested custody or visitation hearings, except for emergency hearings, the parties must exchange and file with the Court best interests of the child proffers at least ten (10) days prior to the hearing.
Page 7 | 4.2. Best Interest Proffers
The completed forms must be filed with the Court no later than ten days before the Prehearing Conference.
The parties must exchange and file with the Court the completed forms no later than ten (10) days before the Prehearing Conference.
Page 9 | 5.9. Initial Required Forms
The universal inventory must be forwarded to the Court no later than two business days before the Prehearing Conference.
The universal inventory must be forwarded to the Court and the non-moving party’s counsel no later than two (2) business days before the Prehearing Conference.
Page 9 | 5.10. Universal Inventory
Motions in limine, motions to compel, and dispositive motions must be noticed and heard before trial unless good cause is shown.
Unless for good cause shown, motions in limine, motions to compel, and dispositive motions must be noticed and heard before the date of trial.
Page 9 | 5.6. Motions
The specified proffers and current income and expense statements must be filed with the Court at least ten days before the hearing.
The parties must exchange and file with the Court pertinent Section 20-107.1 and 20-107.3 proffers, as well as current income and expense statements, at least ten (10) days before the hearing.
Page 9 | 5.7. Required Documents
Evidence of fault for contested grounds of divorce must be presented by de bene esse deposition, and the transcripts must be filed at least ten days before trial.
Evidence of fault for contested grounds of divorce will be received only by de bene esse depositions, and transcripts must be filed with the Court at least ten (10) days before trial.
Page 9 | 5.5. Establishing Fault
The pretrial order must be submitted to the Court for entry after the Prehearing Conference.
A pretrial order will be prepared and submitted to the Court for entry after the Prehearing Conference.
Page 10 | 5.11. Conduct of Prehearing Conference
The completed worksheet must be filed with the Court ten days before the pendente lite hearing.
NOTE: This completed worksheet must be filed with the Court with a copy to the other party ten (10) days in advance of the pendente lite hearing.
Page 19 | Appendices
The Court recommends filing and serving briefs on all counsel of record sufficiently before the hearing to allow consideration of the issues.
Any such briefs should be filed with the court and served on all counsel of record sufficiently before the hearing to allow consideration of the issues involved.
Page 8 | Rule 4.3 – Civil Motions Practice
The court will give the attorney at least two weeks to prepare the order.
The Court will give the attorney at least two weeks to prepare the Order.
Page 9 | Rule 4.4 – Civil Orders
For a supporting brief longer than five pages, the court may determine an alternative hearing date, notice requirement, and briefing schedule.
If a brief will be more than five (5) pages in length, an alternative hearing date, notice requirement, and briefing schedule may be determined by the court.
Page 9 | Rule 4.3 – Civil Motions Practice
When an ethical concern prevents continued representation, the motion to withdraw should be filed as soon as possible.
When there is an ethical concern regarding the representation of a client where an attorney can no longer represent a client, it is the expectation of the Court that a motion to withdraw be filed as soon as possible so new counsel can be appointed to represent the accused.
Page 13 | Rule 5.2 – Preferred Criminal Practices, B. Withdrawal of Counsel
Any attorney wishing to withdraw from a case should notify the Criminal Division of the Circuit Court, by written motion, as expeditiously as possible, with a clear statement of the reason, to ensure that new counsel is quickly appointed or retained.
Any attorney wishing to withdraw from a case should notify the Criminal Division of the Circuit Court, by written motion, as expeditiously as possible, with a clear statement of the reason, to ensure that new counsel is quickly appointed or retained.
Page 13 | Rule 5.2 – Preferred Criminal Practices, B. Withdrawal of Counsel
The recordation cutoff time is 3:30 p.m.
Recordation cutoff time 3:30 p.m.
Page 1 | Terms of Court and General Information
As a best practice, motions and supporting briefs should be filed when the hearing date is selected.
Best practices in this Court would be for all motions and briefs in support to be filed at the time the hearing date is selected.
Page 9 | Rule 4.3 – Civil Motions Practice
Service and Proof of Service Rules
Serve all counsel of record written notice of a motion at least seven days before the hearing, unless the court grants leave or paragraph (c) provides otherwise.
Reasonable notice of the presentation of a motion must be served on all counsel of record. Absent leave of court, and except as provided in paragraph (c) of this Rule, reasonable notice must be in writing and served at least seven (7) days before the hearing.
Page 8 | Rule 4.3 – Civil Motions Practice
When the supporting brief is five pages or fewer, the notice and supporting brief must be served at least 14 days before the hearing.
a brief in support of a motion is five (5) or fewer pages in length, the required notice and the brief must be filed and served at least fourteen (14) days before the hearing
Page 9 | Rule 4.3 – Civil Motions Practice
When the supporting brief is five pages or fewer, an opposition brief must be served at least seven days before the hearing.
a brief in support of a motion is five (5) or fewer pages in length, the required notice and the brief must be filed and served at least fourteen (14) days before the hearing and any brief in opposition to the motion must be filed and served at least seven (7) days before the hearing.
Page 9 | Rule 4.3 – Civil Motions Practice
Copies of the GAL’s report must be delivered to all parties at least 10 days before the relevant hearing.
The original written report must be filed with the Clerk of Court, with copies delivered to Judges’ Chambers and to all parties, at least ten (10) days in advance of a scheduled hearing at which custody, visitation, or parenting time is at issue.
Page 10 | Rule 4.7 – Guardians Ad Litem for Children – Filing of Reports
Notice of a motion to suppress must be given to the opposing party.
Notice must be given to the opposing party.
Page 11 | Rule 5.1 – Criminal Docketing Procedures
The praecipe certificate states that copies are mailed or hand delivered to counsel and served on any parties without counsel.
I hereby certify that on the ____ day of _____, 20____, a true copy of the foregoing Praecipe was mailed or hand delivered to all counsel of record herein pursuant to Rule 1:12 of the Rules of the Supreme Court of Virginia, and served a true copy upon parties not represented by counsel, if any.
Page 21 | CERTIFICATE
Copies of the guardian ad litem report must be delivered to all parties at least ten days before the scheduled hearing.
The original written report must be filed with the Clerk of Court, with copies delivered to Judges’ Chambers and to all parties, at least ten (10) days in advance of a scheduled hearing at which custody, visitation, or parenting time is at issue.
Page 7 | 4.5. Guardian ad Litem Reports
Required documents must be exchanged between counsel as early as possible and no later than ten days before the hearing.
3.11. Exchange and Filing: All required documents must be exchanged between counsel and filed with the Court at the earliest possible time, but no later than ten (10) days before the hearing.
Page 7 | 3.11. Exchange and Filing
If the presiding judge grants an emergency hearing upon finding an emergency, copies of the Notice, Motion, and Affidavit must be served on the adverse party no later than ten days before the hearing.
If an emergency hearing is granted because an emergency exists as determined by the presiding judge, then copies of a Notice, the Motion, and the Affidavit must be served upon the adverse party no later than ten (10) days prior to the hearing.
Page 7 | 4.3. Emergency Hearings
The parties must exchange child best-interest proffers at least ten days before a contested custody or visitation hearing, except an emergency hearing.
4.2. Best Interest Proffers: For all contested custody or visitation hearings, except for emergency hearings, the parties must exchange and file with the Court best interests of the child proffers at least ten (10) days prior to the hearing.
Page 7 | 4.2. Best Interest Proffers
The universal inventory must be sent to the Court and opposing counsel no later than two business days before the Prehearing Conference.
The universal inventory must be forwarded to the Court and the non-moving party’s counsel no later than two (2) business days before the Prehearing Conference.
Page 9 | 5.10. Universal Inventory
The parties must exchange and file with the Court pertinent Section 20-107.1 and 20-107.3 proffers, as well as current income and expense statements, at least ten (10) days before the hearing.
The parties must exchange and file with the Court pertinent Section 20-107.1 and 20-107.3 proffers, as well as current income and expense statements, at least ten (10) days before the hearing.
Page 9 | 5.7. Required Documents
The parties must exchange their completed forms with one another no later than ten days before the Prehearing Conference.
The parties must exchange and file with the Court the completed forms no later than ten (10) days before the Prehearing Conference.
Page 9 | 5.9. Initial Required Forms
A copy of the completed worksheet must be provided to the other party ten days before the pendente lite hearing.
NOTE: This completed worksheet must be filed with the Court with a copy to the other party ten (10) days in advance of the pendente lite hearing.
Page 19 | Appendices
The Court recommends serving briefs on all counsel of record sufficiently before the hearing to allow consideration of the issues.
Any such briefs should be filed with the court and served on all counsel of record sufficiently before the hearing to allow consideration of the issues involved.
Page 8 | Rule 4.3 – Civil Motions Practice
The parties should exchange voir dire and proposed jury instructions before the JSC hearing so objections can be discussed there.
Voir dire and proposed jury instructions should be exchanged in advance of the JSC hearing so any objections can be discussed at the JSC hearing, notwithstanding any that may arise as the trial proceeds.
Page 16 | Rule 6.1 – Jury Trial Procedures
The Commonwealth and Defense should make reasonable efforts to exchange voir dire and jury instructions before the jury status hearing.
Both the Commonwealth and the Defense shall make all reasonable efforts to exchange Voir Dire and Jury Instructions prior to the jury status hearing date so any issues can be resolved or heard by the court BEFORE the day of trial.
Page 31 | Voir Dire and Jury Instructions
The Court recommends serving the notice of hearing as soon as the hearing is scheduled.
Best practices in this Court would be for the notice of hearing to be served as soon as the hearing is scheduled.
Page 8 | Rule 4.3 – Civil Motions Practice
The Court may require counsel to exchange copies of proposed jury instructions.
Counsel may be required to exchange copies of proposed instructions.
Page 16 | Rule 6.1 – Jury Trial Procedures
Courtesy Copy Requirements
Copies of the GAL’s report must be delivered to Judges’ Chambers at least 10 days before the relevant hearing.
The original written report must be filed with the Clerk of Court, with copies delivered to Judges’ Chambers and to all parties, at least ten (10) days in advance of a scheduled hearing at which custody, visitation, or parenting time is at issue.
Page 10 | Rule 4.7 – Guardians Ad Litem for Children – Filing of Reports
A copy of the guardian ad litem report must be delivered to Judges’ Chambers at least ten days before the scheduled hearing.
The original written report must be filed with the Clerk of Court, with copies delivered to Judges’ Chambers and to all parties, at least ten (10) days in advance of a scheduled hearing at which custody, visitation, or parenting time is at issue.
Page 7 | 4.5. Guardian ad Litem Reports
Sealing & Redaction Procedures
Clerk worksheets and notes of judges or court staff retained for administrative purposes must be kept under seal and excluded from the record.
A. In all cases, any clerk worksheets and any notes of judges or court staff that are to be retained with the file for administrative purposes, shall be retained in the file under seal and not made a part of the record.
Page 17 | Rule 10.1 – Clerk Worksheets; Notes of Judges and Court Staff To be Sealed
The accused’s attorney must return all disclosed RDM originals and copies to the court within 21 days of the final order or upon termination of the representation.
Within 21 days of the entry of a final order by this Court, or upon the termination of the representation of the accused, the accused’s attorney will return to the court all originals and copies of any RDM disclosed pursuant to this Rule.
Page 28 | J. Restricted Dissemination Material (“RDM”)
RDM may be disclosed only to specified persons; counsel may communicate its contents to the accused or allow the accused to view it but may not provide copies or permit reproduction or dissemination.
RDM may only be disclosed to the attorney for the accused, employees or agents of that attorney, or an expert witness. The accused’s attorney may orally communicate the content of the RDM to the accused or allow the accused to view the content of the RDM but will not provide the accused with copies of or permit the accused to reproduce, copy, or disseminate the RDM in any manner.
Page 28 | J. Restricted Dissemination Material (“RDM”)
Without the accused’s attorney’s agreement, the Commonwealth may designate material as RDM by marking it and must provide a written certification, upon information and belief, establishing one of the listed grounds.
In the absence of an agreement by the attorney for the accused, the Commonwealth may designate any evidence or material as RDM by stamping or otherwise marking it as such. The Commonwealth will provide a certification in writing, upon information and belief, that (1) the designated material relates to the statement of a child victim or witness; (2) disclosure of the designated material may result in danger to the safety or security of a witness or victim, danger of a victim or witness being intimidated or tampered with, a risk of compromising an ongoing criminal investigation, or confidential law enforcement technique; (3) autopsy photographs, unless intended to be used as evidence; or (4) photos from SANE reports that show a victim’s intimate parts as defined in Va. Code § 18.2-67.10, unless intended to be used as evidence.
Page 28 | J. Restricted Dissemination Material (“RDM”)
The court must maintain returned RDM under seal.
The court will maintain such returned RDM under seal.
Page 28 | J. Restricted Dissemination Material (“RDM”)
The Commonwealth may redact specified contact and employment information for qualifying witnesses, victims, and their family members.
The Commonwealth may redact the residential address, telephone number, email address and place of employment of any witness or victim, or any member of a witness's or victim's family, who satisfies the conditions outlined in § 19.2-11.2 of the Code of Virginia.
Page 27 | I. Redactions
The Commonwealth may redact any person's date of birth and social security number from material or evidence disclosed under the Order.
The Commonwealth may redact the date of birth and social security number of any person whose information is contained in material or evidence provided pursuant to this Order.
Page 27 | I. Redactions
The accused may move for disclosure of redacted personal information, and the court may order disclosure upon finding good cause.
If the Commonwealth redacts personal identifying information pursuant to this subpart of the Order, the accused may file a motion seeking disclosure, it may order the Commonwealth to provide the redacted information. Should the court find good cause for disclosure, it may order the Commonwealth to provide the redacted information.
Page 27 | I. Redactions
The Commonwealth may designate evidence or disclosed materials as RDM by prominently stamping or otherwise marking them.
The Commonwealth may designate evidence or disclosed materials as RDM by prominently stamping or otherwise marking items as such.
Page 28 | J. Restricted Dissemination Material (“RDM”)
The accused may move at any time to remove an RDM designation, and the court may remove it upon finding good cause.
If the Commonwealth designates evidence or material as RDM pursuant to Section J of this Order, the accused may at any time file a motion seeking to remove that designation from such evidence or material. Should the court find good cause to remove the designation, it may order that the evidence or material no longer be designated RDM.
Page 28 | J. Restricted Dissemination Material (“RDM”)
Material sealed under this subpart must remain available for inspection by counsel of record.
Any material sealed pursuant to this subpart will remain available for inspection by counsel of record.
Page 28 | J. Restricted Dissemination Material (“RDM”)
With the accused’s attorney’s agreement, the Commonwealth may designate disclosed evidence or material as RDM without a supporting certification.
The Commonwealth may designate any evidence or material subject to disclosure pursuant to this Order as RDM, without supporting certification, if the accused’s attorney agrees to the designation.
Page 28 | J. Restricted Dissemination Material (“RDM”)
For good cause, the court may permit additional access to sealed material as it deems appropriate.
For good cause shown, the court may enter an order allowing additional access to the sealed material as the court in its discretion deems appropriate.
Page 28 | J. Restricted Dissemination Material (“RDM”)
A defense attorney may redact a witness’s personal identifying information if a court-entered protective order authorizes it.
The defense attorney may redact the personal identifying information of any witness if so authorized by a protective order entered by the court pursuant to this Order.
Page 29 | Discovery by the Commonwealth
Either party may move for a protective order for good cause, and the court may impose conditions to protect discovery material, including restrictions on disclosure and authorization to withhold specified witness or other information.
Upon motion of either party and for good cause, the court may enter a protective order with regard to the discovery or inspection required by this Order. The court in its discretion may order any condition that it deems necessary to the orderly adjudication of the case or to the fair administration of justice. These conditions may include, but are not limited to: (i) a requirement that the parties not disclose the contents of any material or evidence disclosed or discovered pursuant to this Order in any public forum, including any website; (ii) a requirement that the parties not disclose the contents of any material or evidence disclosed or discovered pursuant to this Order to any third-party who is not an agent or employee of the parties or an expert witness; (iii) authorization to either party to withhold the residential address, telephone number, email address or place of employment of any witness not covered by the terms of Section J of this Order; or (iv) authorization for either party in appropriate circumstances to withhold from disclosure or place additional restrictions on dissemination of information otherwise discoverable but not exculpatory.
Page 30 | Protective Order
Pre-Motion Conference Requirements
Before giving notice of a motion, counsel must make a reasonable effort to confer to resolve the dispute and agree on a hearing date and time; absent contrary binding authority, the consultation must be in person or by telephone.
Counsel of record must make a reasonable effort to confer before giving notice of a motion to resolve the subject of the motion and to determine a mutually agreeable hearing date and time. 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 8 | Rule 4.3 – Civil Motions Practice
Unresolved motions must be set for hearing no later than 3 business days before trial, except for relevant motions in limine and speedy-trial-dismissal motions.
and any unresolved motion(s) will be set for hearing no later than three (3) business days before the trial date. This does not apply to relevant motions in limine or motions to dismiss based on speedy trial.
Page 11 | Rule 5.1 – Criminal Docketing Procedures
A motion to suppress must be filed physically or electronically with the Clerk of Court before it is scheduled.
Do not schedule a motion to suppress prior to filing your motion either physically or electronically with the Clerk of Court.
Page 11 | Rule 5.1 – Criminal Docketing Procedures
Counsel must confer with each other and pro se parties to reduce unnecessary motions and narrow issues; absent contrary binding authority, a duty to confer to resolve a dispute without court action requires in-person or telephone consultation.
2.2. Motions Practice: Counsel must confer with each other and pro se 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 5 | PART 2: GENERAL PROVISIONS
The parties must attend the Judicial Settlement Conference at the date, time, and location specified in the order.
9. Settlement Conference: The parties must attend a Judicial Settlement Conference with the Honorable on , 20 at : a.m./p.m. at .
Page 34 | PRETRIAL ORDER
Adjournment & Extension Requirements
When substitution of counsel requires a new hearing date, substituted counsel must coordinate the date with the Commonwealth's Attorney and submit a continuance form endorsed by all parties.
If a new hearing date is required, the substituted counsel will coordinate a new date with the Commonwealth's Attorney and will submit a continuance form with the endorsement of all parties.
Page 13 | Rule 5.2 – Preferred Criminal Practices, C. Substitution of Counsel
If the Court rejects a plea agreement, the accused may withdraw the guilty plea and a continuance will be ordered to allow time to summon witnesses and set the case before a different judge.
If the Court rejects the plea agreement, the accused will be allowed to withdraw their plea of guilty. A continuance will be ordered to provide sufficient time for summoning witness and setting the case with a different judge.
Page 14 | Rule 5.3 – Plea Agreement Procedures
If neither party issues a transportation order when the accused must be present, the resulting continuance must be on joint motion and will not count toward speedy-trial calculations.
If neither party issues a transportation order when the accused needs to be present, the resulting continuance will be on joint motion and will not count towards speedy trial calculations.
Page 14 | Rule 5.5 – Transportation of Defendant
If a transportation order is issued at least 72 hours before a hearing but cannot be honored, the continuance must be on joint motion and does not count toward speedy-trial calculations.
If a transportation order is issued at least seventy-two (72) hours in advance of a hearing and the Sheriff's Office cannot honor it, then the resulting continuance will be on joint motion and will not count towards speedy trial calculations.
Page 15 | Rule 5.5 – Transportation of Defendant
The Court grants continuances only for good cause.
It is the formal policy of this Court to grant continuances only for good cause.
Page 16 | Rule 7.1 – Continuances
A continuance in a civil case must be requested by written motion.
Civil case continuances shall be requested by written motion.
Page 17 | Rule 7.1 – Continuances
Counsel must submit an endorsed order before or at the continuance hearing.
Counsel shall prepare and submit an endorsed order either before or at the hearing requesting the continuance.
Page 17 | Rule 7.1 – Continuances
A continuance request must be made by appropriate written motion as far in advance of trial as practicable.
If a continuance is requested, an appropriate written motion will be made as far in advance of the trial date as practicable.
Page 24 | SCHEDULING AND DISCOVERY MOTION AND ORDER
A motion for continuance may be granted when good cause is shown.
UPON CONSIDERATION WHEREOF, it appearing to the Court that for good cause shown said motion be granted
Page 39 | MOTION AND ORDER FOR CONTINUANCE
A continuance is granted for good cause shown, and the form calls for the good cause to be stated.
UPON CONSIDERATION WHEREOF, it appearing to the Court that for good cause shown said motion be granted, it is
Criminal cases
Page 1 | Motion and Order for Continuance
Failure to interview or contact a client may not be an acceptable basis for a continuance.
Failure to interview or otherwise make contact with a client may not be an acceptable basis for a continuance.
Page 6 | Rule 3.1 – Courtroom Decorum
An extension for preparing the order may be requested and may be granted at the court’s discretion.
If more time is needed, an extension can be requested and granted at the Court’s discretion.
Page 9 | Rule 4.4 – Civil Orders
A continuance requested to type a plea agreement may not be considered good cause.
A continuance to type up a plea agreement may not be considered good cause.
Page 14 | Rule 5.3 – Plea Agreement Procedures
The Sheriff's Office may decide whether to honor transportation orders issued within 72 hours of a hearing.
Transportation orders issued within seventy-two (72) hours of a hearing are honored at the discretion of the Sheriff's Office.
Page 15 | Rule 5.5 – Transportation of Defendant
transported, then the continuance will count against the Commonwealth as the Sheriff's Office and the Court are part of the Commonwealth.
transported, then the continuance will count against the Commonwealth as the Sheriff's Office and the Court are part of the Commonwealth.
Page 15 | Rule 5.5 – Transportation of Defendant
The Court will consider a continuance motion made on the morning of trial, but court costs may be assessed at the conclusion of the case.
Motions for continuance on the morning of trial will be considered, and may result in the assessment of court costs at the conclusion of the case.
Page 16 | Rule 7.1 – Continuances
The Court will consider a continuance request after a jury is impaneled, and resulting court costs may be included at the conclusion of the case.
The Court will consider a continuance request after a jury has been impaneled, and any such court costs incurred may be included as court costs at the conclusion of the case.
Page 16 | Rule 6.1 – Jury Trial Procedures
Continuances should be requested as far in advance of the hearing as possible.
Continuances should be requested as far in advance as possible of the hearing date.
Page 16 | Rule 7.1 – Continuances
Criminal case continuances should be requested by written motion using Appendix Form 10.
Criminal case continuances should be requested by written motion (see Appendix Form 10).
Page 16 | Rule 7.1 – Continuances
If there is an objection to continuing a case, a hearing should be held in advance of the set trial date.
If there is an objection to continuing a case, a hearing should be held in advance of the set trial date.
Page 16 | Rule 7.1 – Continuances
If you are moving to continue a jury trial, said motion should be made in advance of trial to allow for timely notice to the venire people.
If you are moving to continue a jury trial, said motion should be made in advance of trial to allow for timely notice to the venire people.
Page 16 | Rule 7.1 – Continuances
If you are moving to continue a jury trial, the Court will expect you to make that motion in advance of trial.
If you are moving to continue a jury trial, the Court will expect you to make that motion in advance of trial.
Page 17 | Rule 7.1 – Continuances
Witness and Attorney availability should be brought to any and all continuance request hearings so that a new trial date can be selected as quickly as possible without having to set a "To Be Set" hearing and delay the timely resolution of cases.
Witness and Attorney availability should be brought to any and all continuance request hearings so that a new trial date can be selected as quickly as possible without having to set a "To Be Set" hearing and delay the timely resolution of cases.
Page 17 | Rule 7.1 – Continuances
The Court considers each continuance request individually.
All continuance requests are considered on a case-by-case basis.
Page 16 | Rule 7.1 – Continuances
Chambers Communication Rules
To set other matters, including motions, pretrial conferences, and pendente lite hearings, contact the assigned Court’s Executive Assistant for a date.
All other matters (i.e., motions, pretrial conferences, pendente lite hearings) shall also be set by contacting the Executive Assistant for the assigned Court for a date.
Page 8 | Rule 4.1 – Civil Docketing Procedures
Do not transmit motions, pleadings, notices, or other documents to Executive Assistants without leave of court or prior approval.
No motions, pleadings, notices, or other documents are to be transmitted to the Executive Assistants without leave of court or otherwise prior approval.
Page 8 | Rule 4.3 – Civil Motions Practice
Civil case motions must be set with the Executive Assistant for the Part where the case is scheduled.
Consistent with Virginia Supreme Court Rule 4:15 – All civil case motions will be set with the Executive Assistant for the Part in which the case is scheduled.
Page 8 | Rule 4.3 – Civil Motions Practice
Do not copy Executive Assistants or Court staff on electronic messages unless Court staff initiated the message and instructed a reply, or the communication was otherwise authorized in advance.
Do not include the Executive Assistants or Court staff on any electronic messages unless said message is initiated by Court staff with instructions to respond by return message or otherwise authorized in advance.
Page 8 | Rule 4.3 – Civil Motions Practice
Lock-up must immediately fax the executed capias to the Circuit Court Criminal Division so the defendant can be placed promptly on the docket.
Lock-up will fax the executed capias to the Criminal Division of the Circuit Court, immediately, so that a defendant is placed on the docket promptly.
Page 12 | Rule 5.1 – Criminal Docketing Procedures
A defendant incarcerated at sentencing must contact the Clerk’s Office after release for information about establishing a payment plan.
If incarcerated at the time of sentencing, the defendant upon his/her release shall contact the Clerk’s Office for information on establishing a payment plan.
Criminal cases
Page 1 | IN RE: DEFERRED OR INSTALLMENT PAYMENT AGREEMENT GUIDELINES
In the event of tardiness, attorneys and parties must notify the respective
In the event of tardiness, attorneys and parties must notify the respective
Page 4 | Rule 1.2 – General Provisions
After a praecipe is filed, counsel and unrepresented parties are requested to coordinate available dates and contact the assigned Court’s Executive Assistant to set the trial date or a hearing on an exception.
After the praecipe is filed, the Clerk will forward a letter to all counsel and/or unrepresented parties requesting that they coordinate their available dates and contact the Executive Assistant for the assigned Court to set the trial date or a hearing on any exception.
Page 7 | Rule 4.1 – Civil Docketing Procedures
Protracted bench trial dates must be coordinated in advance with the assigned Part.
Protracted Bench Trials dates will need to be coordinated in advance of the duty docket with the Part that the case is assigned to.
Page 11 | Rule 5.1 – Criminal Docketing Procedures
Contact the Executive Assistant of the assigned Part to coordinate a protracted sentencing date.
Please contact the Executive Assistant of the Part that the Sentencing will be heard to coordinate a protracted sentencing date.
Page 11 | Rule 5.1 – Criminal Docketing Procedures
Contact the Executive Assistant of the assigned Part to coordinate a motion-to-suppress date.
Please contact the Executive Assistant of the Part that the case is assigned to coordinate a date.
Page 11 | Rule 5.1 – Criminal Docketing Procedures
Defense counsel must call the Docket Coordinator to obtain a bond-hearing date.
Defense counsel will call the Docket Coordinator to obtain a date.
Page 12 | Rule 5.1 – Criminal Docketing Procedures
Do not include Executive Assistants on messages to the Docket Coordinator unless the Executive Assistant authorizes it.
Do not include the Executive Assistants on messages for the Docket Coordinator unless authorized by that Executive Assistant.
Page 12 | Rule 5.1 – Criminal Docketing Procedures
Do not transmit motions to Executive Assistants without prior authorization.
Do not transmit any motions to the Executive Assistants without prior authorization.
Page 12 | Rule 5.1 – Criminal Docketing Procedures
Do not email the Executive Assistant unless prior approval has been obtained.
Do not email the Executive Assistant without prior approval.
Page 15 | Rule 5.6 – Criminal Division of Circuit Court
If a jury is no longer needed, the parties should email the listed court personnel as soon as possible to withdraw the request to impanel it, ideally at least 48 hours before the jury start date.
If a jury is not necessary after the Jury Status Check Hearing, the parties will email, as soon as possible, ideally no less than 48 hours prior to the jury start date, the following people to withdraw the request to impanel the jury: (1) the Executive Assistant of the part in which the jury is assigned, (2) the Court Administrator, (3) the Jury Coordinator, and (4) the Criminal Division of the Clerk's Office.
Page 16 | Rule 6.1 – Jury Trial Procedures
For emergency matters, contact the Judge's Executive Assistant assigned to the case.
For emergency matters, you will need to contact the Judge's Executive Assistant that is assigned to the case.
Page 18 | Rule 11.2 – Clerk's Office Deadlines and Information
Contact the Judges' office to set or cancel a court hearing.
To set or cancel court hearing, contact Judges' office.
Page 1 | Terms of Court and General Information
Civil cases are set by praecipe, and the Judges' secretary handles scheduling issues.
Civil cases set by praecipe (Judges' secretary handles all scheduling issues).
Page 1 | Terms of Court and General Information
Call the Criminal Clerks for matters requiring immediate attention or when other information is needed.
The Criminal Clerks will receive and respond to phone calls when matters arise which need immediate attention, or other information is needed.
Page 15 | Rule 5.6 – Criminal Division of Circuit Court
Contact the Clerk's Office for account creation, maintenance, support, or questions.
For account creation, maintenance, support, and questions, please contact the Clerk's Office.
Page 18 | Rule 11.1 – E-Filing and OCRA
The Clerk's Office is open from 8:30 a.m. to 4:00 p.m. and lists (757) 727-6105 as its phone number.
Clerk's Office Hours 8:30AM - 4:00PM PHONE (757) 727-6105
Page 1 | Clerk of Court