Hampton Circuit Court, Virginia Document Filing Requirements

CRITICAL

Applies to

Praecipe

Must include

certificate of service

The praecipe form includes a certificate stating that a copy was mailed or hand delivered to counsel and served on any unrepresented parties.

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.

CRITICAL

Applies to

Notice of hearing

Hearings must be noticed according to local practice and Rule 4:15(b), and every notice of hearing must state the time allotted by the Court.

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.

CRITICAL

Applies to

Order

Unless the court dispenses with the requirement under Rule 1:13, all orders must be endorsed by counsel of record or unrepresented parties, with each endorser’s name typed or printed below the endorsement.

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.

CRITICAL

Applies to

Bond hearing withdrawal

To withdraw a scheduled bond hearing, complete Appendix Form 4 and submit it to the Court before the hearing date.

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.

CRITICAL

Applies to

Guardian ad litem report

The guardian ad litem must file a written report containing the GAL’s findings, recommendations, and the basis for those recommendations.

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.

CRITICAL

Applies to

Scientific test reports for inspection

The accused must allow the Commonwealth to inspect and copy or photograph specified scientific reports the defense intends to use at trial or sentencing.

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).

CRITICAL

Applies to

Brief

All parties must file briefs in support of or in opposition to a motion.

This Court requires all parties to file briefs in support of or in opposition to a motion.

CRITICAL

Applies to

Filing

Must include

ai disclosure

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.

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.

CRITICAL

Applies to

Child support and spousal support guidelines

In a child- or spousal-support case where a party is represented by an attorney, the attorney must calculate and provide the applicable support guidelines.

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.

CRITICAL

Applies to

Scheduling and discovery order

If qualifying additional charges are joined after this order is entered, the parties must have another Scheduling and Discovery Order signed and entered.

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.

CRITICAL

Applies to

Substitution order

An attorney seeking substitution as counsel must present the Criminal Division with an order endorsed by a Commonwealth's Attorney.

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.

CRITICAL

Applies to

Jury status confirmation

Attorneys or parties must confirm whether a jury needs to be impaneled.

Attorneys or parties must confirm whether a jury must be impaneled.

CRITICAL

Applies to

Universal inventory

After reviewing the other party’s Rule 5.9 forms, moving party’s counsel must prepare an inventory identifying the contested issues.

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.

CRITICAL

Applies to

Proffer

The proffer asks for descriptions of the child’s condition and development, each parent’s condition, and each parent or caregiver’s relationship with the child, including involvement and ability to meet the child’s needs.

PURSUANT TO VIRGINIA CODE §20-124.3, DESCRIBE: 1. Age and physical and mental condition of the child, including the child's changing development needs. 2. Age and physical and mental condition of each parent: Mother: Father: 3. Relationship existing between each parent or caregiver and child; due considerations to: a) positive involvement in child's life Mother: Father: b) ability to accurately assess and meet the emotional, intellectual and physical needs of child Mother: Father:

CRITICAL

Applies to

Letter of representation

A privately retained attorney must file a letter of representation before the hearing, coordinate a new date with the Commonwealth's Attorney's Office, and send a motion to remove the scheduled hearing from the docket.

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.

CRITICAL

Applies to

Diminished capacity notice and inspection

For a diminished-capacity defense, the accused must follow the applicable statutory notice and inspection requirements, but statements made in the examination may not be used by the Commonwealth in its case-in-chief.

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.

CRITICAL

Applies to

Scheduling order

The Court requires a scheduling order.

The Court will also require a scheduling order.

CRITICAL

Applies to

Guardian ad litem report

In cases involving child custody, visitation, or parenting time where a GAL has been appointed, the GAL must file a written report stating findings, recommendations, and the basis for the recommendations.

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.

CRITICAL

Applies to

Proffers and income expense statements

The parties must exchange and file the specified proffers and current income and expense statements 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.

CRITICAL

Applies to

Pretrial order

A pretrial order must be prepared and 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.

CRITICAL

Applies to

Continuance motion

The continuance form includes a field for stating the good cause for the request.

The good cause is: _____

CRITICAL

The submission must address the marital-property provisions under § 20-107.3 and attach an equitable distribution summary form.

8. The provisions made with regard to the marital property under § 20-107.3. (Attach equitable distribution summary form.)

CRITICAL

Applies to

Objection

Objections to a remote-appearance motion must be in writing.

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.

CRITICAL

Applies to

Insanity examination results or reports

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.

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.

CRITICAL

Applies to

Best interest proffer

Best-interest proffers are required at pendente lite hearings only when support or child custody or visitation is contested.

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.

CRITICAL

Applies to

Civil order

An attorney-drafted order memorializing a court ruling must name the judge beneath the judge’s signature line.

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.

CRITICAL

Applies to

Equitable distribution proffer

The § 20-107.3 proffer form directs the party to describe the factors listed in items 1–11, including the specified attached schedules.

§ 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.

CRITICAL

Applies to

Best interest proffer

For contested custody or visitation hearings other than emergency hearings, the parties must exchange and file child best-interest proffers at least ten days before the 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.

CRITICAL

Applies to

Certification

Must include

ai disclosure

Attorneys and pro se litigants must file an AI-use disclosure certification for proposed exhibits, including demonstrative exhibits.

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).

CRITICAL

Applies to

Consent pretrial order

The Court will hear equitable distribution and spousal support matters ore tenus only if the parties comply with the Rules, including by participating in the specified Prehearing Conference or submitting a compliant Consent Pretrial Order.

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.

CRITICAL

Applies to

Proffer

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.

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.

CRITICAL

Applies to

Jury instructions

Proposed civil jury instructions submitted to the Court must identify the authority relied upon for each instruction.

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.

CRITICAL

Applies to

Proffer

If requesting spousal support, the proffer must state the requested amount and form of award, and the requested duration if it is defined.

B. IF YOU ARE 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.

CRITICAL

Applies to

Proffer

If requesting spousal support, the proffer must state whether the filer asks the court to reserve the right to receive support in the future.

2. State whether you are requesting that the court reserve your right to receive spousal support in the future.

CRITICAL

Applies to

Exculpatory or impeachment evidence

The Commonwealth must promptly produce exculpatory material, and its duties to provide exculpatory or impeachment evidence supersede discovery limitations in the Order.

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.

CRITICAL

D. PURSUANT TO VIRGINIA CODE SECTION § 20-107.1(E) DESCRIBE: 1. The obligations, needs and financial resources of the parties, including but not limited to income from all pension, profit sharing or retirement plans, of whatever nature. (You may attach the income and expense statement and other relevant exhibits from § 20-107.3 Proffers.) 2. The standard of living established during the marriage. 3. The duration of the marriage. 4. The age and physical and mental condition of the parties and any special circumstances of the family. 5. The extent to which the age, physical or mental condition or special circumstances of any child of the parties would make it appropriate that a party not seek employment outside of the home. 6. The contributions, monetary and nonmonetary, of each party to the well-being of the family. 7. The property interests of the parties, both real and personal, tangible and intangible. 8. The provisions made with regard to the marital property under § 20-107.3. (Attach equitable distribution summary form.) 9. The earning capacity, including the skills, education and training of the parties and the present employment opportunities for persons possessing such earning capacity. 10. The opportunity for, ability of, and the time and costs involved for a party to acquire the appropriate education, training and employment to obtain the skills needed to enhance his or her earning ability. 11. The decisions regarding employment, career, economics, education and parenting arrangements made by the parties during the marriage and their effect on present and future earning potential, including the length of time one or both of the parties have been absent from the job market.

D. PURSUANT TO VIRGINIA CODE SECTION § 20-107.1(E) DESCRIBE: 1. The obligations, needs and financial resources of the parties, including but not limited to income from all pension, profit sharing or retirement plans, of whatever nature. (You may attach the income and expense statement and other relevant exhibits from § 20-107.3 Proffers.) 2. The standard of living established during the marriage. 3. The duration of the marriage. 4. The age and physical and mental condition of the parties and any special circumstances of the family. 5. The extent to which the age, physical or mental condition or special circumstances of any child of the parties would make it appropriate that a party not seek employment outside of the home. 6. The contributions, monetary and nonmonetary, of each party to the well-being of the family. 7. The property interests of the parties, both real and personal, tangible and intangible. 8. The provisions made with regard to the marital property under § 20-107.3. (Attach equitable distribution summary form.) 9. The earning capacity, including the skills, education and training of the parties and the present employment opportunities for persons possessing such earning capacity. 10. The opportunity for, ability of, and the time and costs involved for a party to acquire the appropriate education, training and employment to obtain the skills needed to enhance his or her earning ability. 11. The decisions regarding employment, career, economics, education and parenting arrangements made by the parties during the marriage and their effect on present and future earning potential, including the length of time one or both of the parties have been absent from the job market.

CRITICAL

Applies to

Continuance form

If a new hearing date is needed, substituted counsel must coordinate it 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.

CRITICALCriminal casesCourt notice

Applies to

Community service application

Applicants must complete an application at the Clerk’s Office and provide proof of participation in a qualifying program when applying.

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.

CRITICAL

Applies to

Civil order

Civil orders must list every party by name and may not use “et al.”

All civil orders must list the names of all parties involved (No ‘et al’).

CRITICAL

Applies to

Remote appearance motion

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.

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.

CRITICAL

Applies to

Marriage license application

A final divorce decree must be provided to the Clerk's Office before a marriage license is issued.

B. Prior to issuing a marriage license, a final divorce decree must be provided to the clerk's office.

CRITICAL

Applies to

Withdrawal of counsel order form

If withdrawal is granted, counsel must complete the Withdrawal of Counsel Order Form in Court and submit it.

If the withdrawal is granted, a Withdrawal of Counsel Order Form (Appendix Form 5) must be completed in Court and submitted accordingly.

CRITICAL

Applies to

Written witness list with addresses

No later than 10 days before trial, the accused must provide the Commonwealth a written list, including addresses, of all witnesses expected to testify for the accused at trial or sentencing.

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.

CRITICAL

Applies to

Plea agreement

A plea agreement offered after the Court rejects an earlier agreement must state that a previous plea agreement was submitted.

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.

CRITICAL

Applies to

Motion for emergency hearing

A party seeking an emergency hearing without the preceding requirements must file a Motion for Emergency Hearing accompanied by a sworn affidavit stating the facts establishing the emergency.

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.

CRITICAL

Applies to

Sentencing guidelines

The parties must provide sentencing guidelines to the Court 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.

CRITICAL

Applies to

Support guidelines

If neither party has an attorney and a guardian ad litem is involved, the guardian ad litem must calculate and provide guidelines for the court to consider.

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.

CRITICAL

Applies to

Continuance order

A continuance order must identify whose request is granted, the date continued from, the new trial or hearing date, and any other terms required by the Court.

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.

CRITICAL

Applies to

Proffer

The proffer must state the circumstances and factors contributing to the marriage’s dissolution and the grounds for divorce.

A. STATE THE CIRCUMSTANCES AND FACTORS WHICH CONTRIBUTED TO THE DISSOLUTION OF THE MARRIAGE AND THE GROUNDS FOR DIVORCE.

CRITICAL

Applies to

Notice of hearing

Every Notice of Hearing must state the amount of time allotted by the Court.

Every Notice of Hearing must include the amount of time that has been allotted by the Court.