Hampton Circuit Court, Virginia Filing Timing and Cure Windows

CRITICAL

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.

CRITICAL

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.

CRITICAL

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.

WARNING

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.

WARNING

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.

WARNING

The recordation cutoff time is 3:30 p.m.

Recordation cutoff time 3:30 p.m.

INFO

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.

CRITICAL

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.

CRITICAL

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.

CRITICAL

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.

CRITICAL

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.

CRITICAL

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.

CRITICAL

Deadline

2 business days

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.

CRITICAL

Applies to

Objection

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.

CRITICAL

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).

CRITICAL

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.

CRITICAL

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.

CRITICAL

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.

CRITICAL

Applies to

Guardian ad litem report

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.

CRITICAL

Applies to

Remote appearance motion

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.

CRITICAL

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.

CRITICAL

Applies to

Opposition brief

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.

CRITICAL

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.

CRITICAL

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

CRITICAL

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.

CRITICAL

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.

CRITICAL

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.

CRITICAL

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.

CRITICAL

Applies to

Motion response

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,

CRITICAL

Applies to

Motion

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,

WARNING

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.

WARNING

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.

WARNING

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.