Hampton Circuit Court, Virginia Adjournment & Extension Requirements

CRITICAL

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.

CRITICAL

A continuance in a civil case must be requested by written motion.

Civil case continuances shall be requested by written motion.

CRITICAL

The Court grants continuances only for good cause.

It is the formal policy of this Court to grant continuances only for good cause.

CRITICAL

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.

CRITICAL

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.

CRITICAL

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.

CRITICAL

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

CRITICAL

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.

CRITICAL

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.

WARNING

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.

WARNING

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.

WARNING

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.

WARNINGCriminal cases

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

WARNING

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.

WARNING

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.

WARNING

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.

WARNING

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.

WARNING

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.

WARNING

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).

WARNING

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.

WARNING

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.

WARNING

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.

WARNING

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.

INFO

The Court considers each continuance request individually.

All continuance requests are considered on a case-by-case basis.