Hampton Circuit Court, Virginia Service and Proof of Service Rules

CRITICAL

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.

CRITICAL

Applies to

Universal inventory

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.

CRITICAL

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.

CRITICAL

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.

CRITICAL

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.

CRITICAL

Applies to

Notice and supporting brief

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

CRITICAL

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.

CRITICAL

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.

CRITICAL

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.

CRITICAL

Applies to

Opposition brief

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.

CRITICAL

Applies to

Motion to suppress

Notice of a motion to suppress must be given to the opposing party.

Notice must be given to the opposing party.

CRITICAL

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.

CRITICAL

Applies to

Guardian ad litem report

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.

CRITICAL

Applies to

Equitable distribution and permanent spousal support forms

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.

WARNING

Applies to

Voir dire and jury instructions

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.

WARNING

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.

WARNING

Applies to

Voir dire and proposed jury instructions

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.

INFO

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.

INFO

Applies to

Jury instructions

The Court may require counsel to exchange copies of proposed jury instructions.

Counsel may be required to exchange copies of proposed instructions.