Hampton Circuit Court, Virginia Document Filing Requirements

CRITICAL

Applies to

Plea colloquy form

Defense counsel must discuss and complete the plea colloquy form with the accused before court.

Defense counsel will discuss and complete the plea colloquy form with the accused in advance of court (see Appendix Form 6).

CRITICAL

Applies to

Expert witness notice and disclosure

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.

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).

CRITICAL

Applies to

Praecipe

A party seeking to set a civil action for trial must file a praecipe with the Clerk, and only cases with a received and filed praecipe will be set.

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.

CRITICAL

Applies to

Consent pretrial order

Before submitting a proposed Consent Pretrial Order, each party must complete the appropriate forms and attach them to the proposed order.

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.

CRITICAL

Applies to

Parent education seminar proof

Proof of a statutory parent education seminar is required before contested custody or visitation matters are considered, except at pendente lite or emergency hearings.

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.

CRITICAL

Applies to

Praecipe

The praecipe form calls for a certification that the matter is ready for trial and a request to docket it with or without a jury.

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.

CRITICAL

Applies to

Equitable distribution and permanent spousal support forms

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.

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.

CRITICAL

Applies to

Final custody visitation order

When a guardian ad litem has been appointed, the final custody or visitation order must provide for the GAL’s payment and divide payment responsibility between the parties.

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.

CRITICAL

Applies to

Final order

In a civil case where a party is represented by an attorney, the attorney must prepare the final order for the court to sign.

In all civil cases where a party is represented by an attorney, the attorney will prepare the final order for the Court to sign.

CRITICAL

Applies to

Divorce petition

Every divorce petition filed in the Hampton Circuit Court must include the original marriage certificate or a certified copy.

D. All divorce petitions filed in the Hampton Circuit Court must include the original marriage certificate or a certified copy of the marriage certificate.

CRITICAL

Applies to

Remote appearance motion

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.

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:

CRITICALCriminal casesCourt notice

Applies to

Community service hours submission

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 Company letterhead and must be signed by a supervisor. We will need contact information for said non-profit to verify your hours.

CRITICAL

Applies to

Notice of motion

Must include

certificate of conference

A motion notice must be accompanied by a certification that the movant in good faith conferred or attempted to confer to reduce unnecessary motions and narrow the issues.

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.

CRITICALCriminal cases

Applies to

Community service hours submission

After completing community service, the completed hours must be submitted on the nonprofit’s letterhead, signed by a supervisor, with the nonprofit’s contact information for verification.

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.

CRITICAL

Applies to

Alibi notice

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.

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).

CRITICAL

Applies to

Order appointing guardian ad litem

An order appointing a guardian ad litem must identify each party’s retainer amount and the guardian ad litem’s hourly rate.

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.

WARNING

Applies to

Jury status checklist

The Court expects the parties to have both endorsed a Jury Status Checklist Form.

The Court also expects the parties to have both endorsed a Jury Status Checklist Form (see Appendix Form 9).

WARNINGCriminal cases

Applies to

Community service application

Applicants seeking approval to perform community service in lieu of fines and costs may complete and submit the information on the form.

If you wish to perform community service hours in lieu of paying fines and cost, you may complete the information below and submit for approval.

WARNING

Applies to

Community service discharge application

A defendant applying for the community-service option should submit the application form in Appendix Form 11 to the Clerk.

3. A defendant who wishes to apply should submit an application form (see Appendix Form 11) to the Clerk.

WARNING

Applies to

Jury status checklist

At the jury status check, the parties certify the listed trial-readiness statuses on the checklist.

The parties certify the following: [ ] Proposed Jury Instructions and Voir Dire have been exchanged. [ ] The parties are in good contact with their victim/witnesses and there are no issues with the victim or witnesses being available on the day of trial. [ ] If the Defense is not in good contact with the Defendant, a representation of such, but nothing more, will be made at the Jury Status Check. [ ] All subpoenas for necessary witnesses have been timely issued. [ ] A Transportation Order for the Defendant, if in custody, has been completed by either the Commonwealth or the Defense. [ ] All Discovery Orders, if one has been entered, have been complied with. [ ] All plea negotiations have been made and received and that there are no outstanding plea negotiations and neither party anticipates a plea agreement. [ ] The parties do not have any unresolved motions. [ ] The Defense has clothes available for the Defendant ready for the day of trial if the Defendant is in custody.

WARNING

Applies to

Community service hours submission

To receive credit for completed community-service hours, submit the hours and the nonprofit's contact information for verification.

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.

WARNING

Applies to

Community service application

Applicants for the community-service program must apply at the Clerk's Office and provide proof of qualifying program participation.

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.

WARNING

Applies to

Motion

An attorney wishing to withdraw should notify the Criminal Division by written motion as expeditiously as possible, stating the reason clearly.

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.

WARNING

Applies to

Jury status checklist

If the Defense is not in good contact with the Defendant, its representation at the jury status check is limited to stating that fact.

If the Defense is not in good contact with the Defendant, a representation of such, but nothing more, will be made at the Jury Status Check.

WARNING

Applies to

Consent pretrial order

The parties may avoid the Prehearing Conference only by submitting a properly endorsed Consent Pretrial Order under the rule.

The parties may avoid attending a Prehearing Conference only by submitting a properly endorsed Consent Pretrial Order pursuant to this Rule.

WARNING

Applies to

Plea agreement form

Complete this section of the plea form only if the defendant has a written plea agreement with an agreed-upon sentence.

Complete only if you have a WRITTEN PLEA AGREEMENT WITH AN AGREED UPON SENTENCE

WARNING

Applies to

Notice of hearing

Timely notice of hearing should be filed in accordance with these Rules, local practice, and Virginia Supreme Court Rule 4:15(b). Such notice should include (i) the time that has been allotted by the Court for the hearing pursuant to Rule 2.4, (ii) whether the party intends to request a deviation from the Eighth Circuit Guidelines established pursuant to Rule 3.5 below, and (iii) due dates for any required documents to be filed and exchanged.

Timely notice of hearing should be filed in accordance with these Rules, local practice, and Virginia Supreme Court Rule 4:15(b). Such notice should include (i) the time that has been allotted by the Court for the hearing pursuant to Rule 2.4, (ii) whether the party intends to request a deviation from the Eighth Circuit Guidelines established pursuant to Rule 3.5 below, and (iii) due dates for any required documents to be filed and exchanged.

WARNING

Applies to

Signed certificate of analysis

ii. Providing a copy of a certificate of analysis from the Virginia Department of Forensic Science or any other agency listed in Virginia Code § 19.2-187, signed by hand or by electronic means by the person performing the analysis or examination, satisfies the requirements of Section O. Va. Sup. Ct. R. 3A:11(d)(4)(B).

ii. Providing a copy of a certificate of analysis from the Virginia Department of Forensic Science or any other agency listed in Virginia Code § 19.2-187, signed by hand or by electronic means by the person performing the analysis or examination, satisfies the requirements of Section O. Va. Sup. Ct. R. 3A:11(d)(4)(B).

WARNING

Applies to

Pendente lite guidelines worksheet

Each party should prepare and bring a completed Eighth Circuit Pendente Lite Guidelines Worksheet to the hearing, using the applicable regular, shared-custody, or split-custody guideline for the child support portion.

3.8. Guidelines Worksheet: Each party should prepare and bring to the pendente lite hearing a completed Eighth Circuit Pendente Lite Guidelines Worksheet. A blank worksheet is attached as Appendix C. The child support portion should utilize the applicable regular, shared custody, or split custody guideline.

WARNING

Applies to

Income documentation

Each party should bring documentation supporting claimed income and, where possible, monthly records and calculations if income is averaged across months.

3.9. Income Documentation: Each party should prepare and bring to the pendente lite hearing appropriate documentation supporting the amount of present income they claim is earned by either or both of the parties (e.g., pay slips, monthly profit/loss statements, etc.). If a party claims that current income should be determined by averaging income over multiple months, then documentation should be produced, where possible, for each of those months, along with an accounting of the calculations involved.

WARNING

Applies to

Income expense statement

Each party should prepare a current income/expense statement only when either party intends to request a deviation from the Eighth Circuit support formula.

3.7. Income/Expense Statements: Each party should prepare a current income/expense statement only when either party intends to request a deviation from the Eighth Circuit support formula.

WARNING

Applies to

Plea agreement form

Complete this section of the plea form only if the defendant has a plea agreement without an agreed-upon sentence.

Complete only if you have a PLEA AGREEMENT WITHOUT AN AGREED UPON SENTENCE:

WARNING

Applies to

Motion

When an ethical concern prevents continued representation, the Court expects counsel to file a motion to withdraw as soon as possible so new counsel can be appointed.

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.

INFO

The filer may attach the income and expense statement and other relevant exhibits from § 20-107.3 Proffers.

(You may attach the income and expense statement and other relevant exhibits from § 20-107.3 Proffers.)

INFO

Applies to

Community service application

A person seeking to perform community service instead of paying fines and costs may complete and submit the application for approval.

If you wish to perform community service hours in lieu of paying fines and cost, you may complete the information below and submit for approval.

INFO

Applies to

Scheduling and discovery order

Entering a Scheduling and Discovery Order at arraignment is strongly encouraged.

It is strongly encouraged that a Scheduling and Discovery Order (see Appendix Form 3) be entered at this date.

INFO

Applies to

Income expense worksheet

The Income and Expense Worksheet includes a certification that the stated income is correct.

I certify that the income stated above is correct.