Loudoun County Circuit Court, Virginia
Court-Level Rules, Filing Procedures & Policies
- Rules last changed:
Limits & Logistics
Document Limits
Communication
Phone
Clerk
Page & Word Limits1 rule
a written proffer of facts, if in lieu of oral proffer (max 5 pages).
- Written proffer
- Up to 5 pages
Document Format Requirements4 rules
For all trials, exhibits shall have each page uniquely numbered, in sequential order, for ease of reference for the Court and the parties.
In all motions to compel, and oppositions thereto, the parties must file an excel-type spreadsheet (the “Spreadsheet”) in lieu of a brief.
Number every page of each trial exhibit, including digital exhibits and data files, uniquely and sequentially.
Court's wording
For all trials, exhibits must have each page of the exhibit uniquely numbered, in sequential order, for ease of reference for the Court and the parties. Digital exhibits, to include digital data files, must also be uniquely numbered, in sequential order, for ease of reference for the Court and the parties.
The Commonwealth may designate evidence or material disclosed pursuant to this rule as “Restricted Dissemination Material" (hereinafter “RDM”) by prominently stamping or otherwise marking any items as such.
Document Filing Requirements91 rules
By signing below, I HEREBY CERTIFY that I have served a true copy of this filing on all parties / counsel of record herein pursuant to the Rules of the Supreme Court of Virginia by:
A brief must accompany a motion unless the motion is listed as an exception or the Court orders otherwise.
Court's wording
Briefs must accompany a motion, with the following exceptions, unless ordered by the Court:Motions for modification of custody, visitation or support, Motions to Compel (see Motions to Compel below), Motions to Withdraw/Substitution of Counsel, Motions for pendente lite Relief, Motions to Continue, Motions to Appoint a guardian ad litem, Motions for a Rule to Show Cause, Motions for Presentment or Entry of an Order.
A motion shall concisely set forth only the facts relied upon and the relief requested (i.e., no authority).
In any case involving equitable distribution pre-trial conferences, the parties must file, at least seven (7) days prior to the pre-trial conference, an initial joint equitable distribution schedule highlighting each entry on which the parties disagree.
To request an accommodation under the American with Disabilities Act (ADA), complete this form (PDF) and return to the Clerk’s Office as soon as possible, but no later than five business days before the scheduled event or activity for which you require assistance.
The Order shall designate a return date, allowing sufficient time for the Petitioner to issue service of process, to any civil motions docket at 9:00 a.m.
The spreadsheet shall identify at a minimum: the verbatim interrogatory, document request and/or request for admission at issue; the responding party’s verbatim answer and/or objection; a summary of the moving party’s basis for requesting an order to compel; a blank column for the Court's notes/ruling.
In all motions to compel discovery responses, and oppositions thereto, the parties shall file an excel-type spreadsheet.
A Petition for a Rule to Show Cause shall be made under oath and filed with the Circuit Court Clerk to be directed to Judges' Chambers, with an accompanying Order for signature.
In any case involving equitable distribution, the parties must file, at least seven (7) days prior to trial a final joint equitable distribution schedule highlighting each entry on which the parties disagree.
IF I BELIEVE ADDITIONAL TIME WILL BE NEEDED THEN A GOOD FAITH TIME ESTIMATE MUST BE PROVIDED BELOW
†Complete contact Information of filing party REQUIRED by Rule 1:4 of the Virginia Supreme Court
For 7 day notice only, I certify this matter is for scheduling, for plea, or is uncontested.
The names, e-mail and phone for all other counsel of record or self-represented litigant(s): (Required if known; attach supplemental sheet if needed.)
I FURTHER CERTIFY that I have made a good faith effort to obtain and provide the correct contact information requested above for all parties / counsel of record.
A motion shall concisely set forth the facts relied upon and the relief requested (i.e. no authority).
If a motion relies on legal authority, briefs must accompany the motion.
To request an accommodation under the American with Disabilities Act (ADA), complete this form (PDF) and return to the Clerk’s Office as soon as possible, but no later than five business days before the scheduled event or activity for which you require assistance.
For every felony guilty plea, the Commonwealth must ensure the listed plea documents are filed, including applicable amendments, waivers, and victim-rights certification.
Court's wording
For all felony guilty pleas, the Commonwealth must ensure the following has been filed: A written plea form or agreement, or both; A detailed, written proffer of facts; If applicable, initialed copies of proposed amendments to warrants/indictments; If applicable, a waiver of indictment signed by the defendant; and If applicable, a Certification of Compliance with the Crime Victim and Witness rights Act (Virginia Code §19.2-11.01).
All motions are to be placed on the Thursday Motions docket at 1:00 p.m. by Criminal praecipe.
If the defendant intends to rely on an insanity defense, they must permit the Commonwealth to inspect, copy, or photograph reports of qualifying physical or mental examinations.
Court's wording
Physical or Mental Examinations. The defendant shall permit the Commonwealth to inspect, copy or photograph any written reports of physical or mental examination of the defendant made in connection with this case if the defendant intends to rely upon the defense of insanity pursuant to Chapter 11 of Title 19.2 of the Code of Virginia;
The defendant must permit the Commonwealth to inspect and copy or photograph specified examination and testing reports that the defense intends to introduce at trial or sentencing.
Court's wording
Reports of Examinations. The defendant shall 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 defendant’s possession, custody, or control that the defense intends to proffer or introduce into evidence at trial or sentencing.
The defendant must disclose whether they intend to present alibi evidence and, if so, the place they claim to have been when the alleged offense occurred.
Court's wording
Notice of Alibi. The defendant shall disclose to the Commonwealth whether the defendant intends to introduce evidence to establish an alibi, and, if so, disclose the place at which the defendant claims to have been at the time the alleged offense was committed.
The defendant must give written notice of intended expert opinion testimony and provide the expert’s report or a specified written summary, along with the expert’s qualifications and contact information.
Court's wording
The defendant shall notify the Commonwealth in writing of the defendant’s intent to introduce expert opinion testimony at trial or sentencing and to provide the Commonwealth with: (A) any written report of the expert witness setting forth the witness’s opinions and the bases and reasons for those opinions, or, if there is no such report, a written summary of the expected expert testimony setting forth the witness’s opinions and the bases and the reasons for those opinions, and (B) the witness’s qualifications and contact information.
The defendant must provide the Commonwealth a list of expected defense witnesses’ names and, if known, addresses.
Court's wording
Witness List. The defendant shall provide to the Commonwealth a list of the names and, if known, the addresses of all persons who are expected to testify on behalf of the defendant at trial or sentencing.
Parties are responsible to ensure the proper case number(s) is noted on any applicable subsequent filing
- Document
- Subsequent filing
Include
- •Case number
A motion shall concisely set forth the facts relied upon and the relief requested (i.e., no legal authority).
A motion to reconsider may not be docketed by praecipe. A motion to reconsider must be filed with the Clerk and directed to the attention of the judge who ruled on the matter. A motion to reconsider will be docketed for hearing only at the direction of the Court and may, in the Court’s discretion, be denied without hearing or further argument.
Civil motions shall be docketed on the Civil Motions Docket by using a Civil Motions Praecipe.
Parties are responsible to ensure the proper case number(s) is noted on their motion.
- Document
- Motion
Include
- •Case number
Pursuant to Rule 4:15(c), all contested motions must be supplemented by a brief in support, unless otherwise noted below. The brief must identify the applicable legal authority and present argument(s).
- Document
- Supporting brief
Must include
- •Legal argument
In order to avoid the filing of unnecessary motions and to narrow the issues to be decided by the court, all parties must comply with the applicable good faith confer requirements in the Virginia Supreme Court rules, and certify the same in any motion.
The exhibits must be provided to the Court immediately prior to the pendente lite hearing.
As applicable, pendente lite hearing exhibits must include the listed income, insurance, childcare, and support-guideline materials.
Court's wording
Exhibits exchanged for pendente lite hearings must include, as applicable: a. a party’s most recent W2 or 1099; b. the last two pay statements; c. evidence of periodic health insurance paid on behalf of the child(ren); d. evidence of work-related childcare expenses; e. an income and expense statement; and f. a complete proposed support guideline worksheet; and
Counsel or self-represented litigants must file a Notice with the Clerk at least seven (7) days prior to the hearing certifying compliance with this requirement. Failure to timely file a Notice may result in the removal of the motion from the docket.
The proposed Order must designate a return date, for status or scheduling only, and allow sufficient time for service of process, to any civil motions docket at 9:00 a.m.
A Petition for a Rule to Show Cause must be made under oath and filed with the Circuit Court Clerk to be directed to Judges’ Chambers, with an accompanying proposed Order for signature.
- Document
- Rule to show cause petition
Must include
- •Proposed order
Motions to compel and their oppositions must use a four-column Spreadsheet in lieu of briefs, except that the moving party need not file one when the responding party has not answered discovery.
Court's wording
In all motions to compel, and oppositions thereto, the parties must file an excel-type spreadsheet (the “Spreadsheet”) in lieu of a brief. The Spreadsheet must include a minimum of four (4) columns: (Column 1) the verbatim interrogatory, document request and/or request for admission at issue; (Column 2) the responding party’s verbatim answer and/or objection; (Column 3) a summary of the moving party’s basis for requesting an order to compel; (Column 4) a blank column for the Court’s notes/ruling. No Spreadsheet is required by the moving party where the responding party has failed to respond to discovery.
One (1) Petition for Expungement may include multiple charges to be expunged, however, each charge to be expunged must have its own order.
A Guardian Ad Litem report in any guardianship, conservatorship, or infant settlement case must be filed at least seven (7) days prior to the hearing.
Proposed jury instructions must include the authority relied upon for each instruction, unless the court waives compliance.
Court's wording
Pursuant to Rule 1:15(c), counsel of record, unless compliance is waived by the court, must, at least two (2) days before a civil jury trial date, submit to the Court a copy of all jury instructions the party proposes to request, and note thereon the authority or authorities relied upon for each proposed instruction.
At the commencement of trial, counsel of record must tender the Court the originals of all agreed upon instructions and copies of all contested instructions with appropriate citations.
For a custody or visitation pretrial conference, each party must file a written pretrial submission addressing custody issues when contested and setting out proposed visitation in the specified order, with times and travel arrangements.
Court's wording
Pretrial Conference in Custody / Visitation: In addition to the applicable items above, in any case involving a custody / visitation pre-trial conference, each party must file, at least seven (7) days prior to the pretrial conference, a written pretrial conference filing. If custody is contested, each party must identify whether legal custody (joint vs. sole) and/or physical custody is in issue. Each party must set forth in writing the specific visitation proposed or sought in the following order: weekends, three-day weekends, mid-week, Thanksgiving, Christmas/winter break, spring break, Mother’s Day, Father’s Day, birthdays, summer, the expected date for notice for summer visits, telephone/video and any other special holidays or occasions. For each period of visitation, the specific start and stop times should be stated as well as any proposed travel arrangements.
Proof of completing an approved Parent Education Seminar must be filed or brought to the pretrial conference.
For an equitable distribution pretrial conference, the parties must file an initial joint schedule identifying each disputed entry.
Court's wording
Pretrial Conference for Equitable Distribution trials: In addition to the applicable items above, in any case involving an equitable distribution pretrial conference, the parties must file, at least seven (7) days prior to the pretrial conference, an initial joint equitable distribution schedule highlighting each entry on which the parties disagree.
In equitable distribution cases, the parties must file a final joint schedule identifying each disputed entry at least seven days before trial.
Court's wording
M. EQUITABLE DISTRIBUTION AND DOMESTIC RELATIONS TRIALS: In any case involving equitable distribution, the parties must file, at least seven (7) days prior to trial a final joint equitable distribution schedule highlighting each entry on which the parties disagree.
Bail motions and bail appeals must be filed with the Clerk without a praecipe.
No motion is required; however, all required plea paperwork must be submitted with or prior to the filing of the Praecipe.
For felony guilty pleas, the Commonwealth’s Attorney must file the listed plea documents, including applicable conditional documents.
Court's wording
For all felony guilty pleas, the Commonwealth’s Attorney must ensure the following are filed at least seven (7) days prior: i. if applicable, a waiver of indictment; ii. a written plea memorandum, agreement, or guilty plea form; iii. a detailed, written proffer of facts; iv. if applicable, initialed copies of proposed amendments to warrants/indictments; v. if applicable, a Certification of Compliance with the Crime Victim and Witness Rights Act (Virginia Code §19.2-11.01).
Except for bail motions, all criminal motions are to be placed on the Criminal Docket at 1:00 p.m. by filing a Criminal Praecipe.
All contested motions must be supplemented by a brief in support, unless otherwise noted below.
Required Information: All fields marked with a red asterisks (*) are required as well as email addresses for all counsel of record and any pro-se litigant to be notified of the request. Please use “other” option for GAL.
Hearing Type: Select the appropriate hearing or trial type for your request.
Duration: Enter the anticipated length of the trial in full-day increments. If less than a full day is required, enter the estimated duration in the notes section.
Form Validation: The application automatically highlights missing or invalid information. Ensure all required fields are completed before submitting the request.
Certification: All three fields in the certification are required to be checked before the form is submitted.
†Complete contact Information of filing party REQUIRED by Rule 1:4 of the Virginia Supreme Court
Must include
- •Complete contact information of filing party
The praecipe includes a certificate section in which the filer certifies service on all parties or counsel of record.
Court's wording
By signing below, I HEREBY CERTIFY that I have served a true copy of this filing on all parties / counsel of record herein pursuant the Rules of the Supreme Court of Virginia by: HAND DELIVERY U.S. MAIL FACSIMILE E-MAIL OTHER: on this day of , 20 .
†Complete contact Information of filing party REQUIRED by Rule 1:4 of the Virginia Supreme Court
The name and role, e-mail and phone for all other counsel of record or self-represented litigant(s): (Required if known; attach supplemental sheet if needed.)
I FURTHER CERTIFY that I have made a good faith effort to obtain and provide the correct contact information requested above for all parties / counsel of record.
The Spreadsheet requirement supersedes the briefing requirement above.
Include
- •The spreadsheet requirement supersedes the briefing requirement above
Exhibits should include the listed financial, insurance, childcare, and support-guideline materials when applicable.
Court's wording
Exhibits should include, if applicable, a party’s most recent W2 or 1099, the last two pay statements, evidence of periodic health insurance paid on behalf of the child(ren), evidence of work-related childcare expenses, an income and expense statement, and a completed proposed support guideline worksheet.
In the specified contested domestic relations cases, parties may be required to submit post-trial transcripts and cross-referenced proposed findings and conclusions; they must prepare for that possibility, secure a court reporter, and not rely on the Court’s recording system.
Court's wording
Parties in contested domestic relations cases involving grounds of divorce, child custody, equitable distribution, spousal support and/or child support may expect the Court to require post-trial transcripts and proposed findings of fact and conclusions of law cross-referenced to the trial transcripts and exhibits. Parties are required to prepare their respective cases in anticipation of the Court ordering the above post-trial filings, to include securing a court reporter. Parties shall be responsible for securing a court reporter and shall not rely on the Court's recording system for the preparation of transcripts.
No Spreadsheet shall be required by the moving party where the responding party has failed to file any response to discovery.
Filing & Service rules
Electronic Filing Rules
Electronic and e-mail filing are prohibited unless authorized by Rule 1:17 as implemented by the Clerk of Court or by another order.
A. ELECTRONIC FILING: No electronic or e-mail filing is permitted except as authorized by Rule 1:17 of the Rules of the Supreme Court of Virginia and implemented by the Clerk of Court, or by other order.
Page 2 | II. CIVIL FILING AND SCHEDULING PROCEDURES, A. ELECTRONIC FILING
Electronic and e-mail filing in criminal matters are prohibited unless authorized under Rule 3A:23 as implemented by the Clerk or by another order.
A. ELECTRONIC FILING: No electronic or e-mail filing is permitted except as authorized by the Rule 3A:23 of the Rules of the Supreme Court of Virginia and implemented by the Clerk of Court, or by other order.
Page 13 | III. CRIMINAL FILING AND DOCKET PROCEDURES
A firm registering for VJEFS must complete the Registration Application and submit it electronically.
If you’re ready to register your firm, simply fill out a Registration Application (PDF) and submit it electronically.
Page 1 | Online Services and Tools
VJEFS permits attorneys to electronically file civil pleadings and cases in participating Virginia circuit courts, subject to the stated initiation and registration conditions.
The Virginia Judiciary E-Filing System (VJEFS) is designed for members in good standing with the Virginia State Bar Association. VJEFS allows attorneys to electronically submit initial pleadings and all subsequent pleadings if the civil case is initiated electronically. Participants in the E-Filing system can electronically file cases in Loudoun County Circuit Court as well as any other participating circuit courts in Virginia. Attorneys who are registered to E-File in civil cases can submit and track electronically filed pleadings and receive alerts on the status of the electronically transmitted pleadings and other notifications.
Page 1 | Online Services and Tools
Deed recordings may be submitted in person, by mail, or electronically, and electronic submission is encouraged.
Recordation of deeds is available in person, mail, or by e-recording. Clients are encouraged to submit deed recordings electronically to avoid traveling to the Clerk's Office.
Page 1 | Terms of Court and General Information
Filing Timing and Cure Windows
Seven days' advance notice is required for civil trial or hearing scheduling.
(7 DAY ADVANCE NOTICE REQUIRED - FOR CIVIL TRIAL/HEARING SCHEDULING ONLY)
Civil cases
Page 1 | Praecipe - Civil Phone Scheduling
Praecipes and motions for 10:00 a.m. or 2:00 p.m. contested matters must be filed at least 14 days in advance.
For motions set at 10:00 a.m. or 2:00 p.m. (contested matters), praecipes and motions must be filed at least 14 days in advance.
Page 1 | Civil Motions Day
A matter will not be placed on the requested docket if its praecipe is not timely filed.
Failure to timely file a praecipe will result in the matter not being placed on the requested docket.
Page 1 | Civil Motions Day
Praecipes and motions for 9:00 a.m. uncontested matters must be filed at least seven days in advance.
For motions set at 9:00 a.m. (uncontested matters), praecipes and motions must be filed at least 7 days in advance.
Page 1 | Civil Motions Day
Praecipes for the scheduling docket must be filed with the Civil Division at least seven calendar days before the proposed hearing date.
All praecipes for the scheduling docket must be filed with the Civil Division at least 7 calendar days prior to the proposed date for the matter to be heard by the Circuit Court.
Page 1 | Civil Scheduling
Guardian ad Litem reports in guardianship, conservatorship, and infant settlement cases must be filed at least seven days before the hearing; late filing may result in removal or rescheduling.
Guardian ad Litem reports in guardianship, conservatorship and infant settlement cases shall be filed at least 7 days prior to the hearing. Failure to file the Guardian ad Litem report in a timely manner may result in the case being removed from the docket or rescheduled.
Page 1 | Guardian Ad Litem Reports
The final joint equitable distribution schedule must be filed at least seven days before trial.
In any case involving equitable distribution, the parties must file, at least seven (7) days prior to trial a final joint equitable distribution schedule highlighting each entry on which the parties disagree.
Page 1 | Equitable Distribution Trials
The initial joint equitable distribution schedule must be filed at least seven days before the pre-trial conference.
In any case involving equitable distribution pre-trial conferences, the parties must file, at least seven (7) days prior to the pre-trial conference, an initial joint equitable distribution schedule highlighting each entry on which the parties disagree.
Page 1 | Civil Trials
An opposition spreadsheet must be filed at least seven days before argument on the motion.
An opposition spreadsheet shall be filed at least 7 days prior to argument on the motions.
Page 1 | Motions to Compel
The moving party’s spreadsheet must be filed with the motion at least 14 days before argument.
The spreadsheet shall be filed with the motion at least 14 days prior to argument on the motion.
Page 1 | Motions to Compel
Responses to contested motions must be filed at least seven days before the scheduled hearing.
If the motion is contested, responses to motions shall be filed at least 7 days prior to the scheduled hearing.
Page 1 | Civil Motions Day
The ADA accommodation form must be returned no later than five business days before the scheduled event or activity.
To request an accommodation under the American with Disabilities Act (ADA), complete this form (PDF) and return to the Clerk’s Office as soon as possible, but no later than five business days before the scheduled event or activity for which you require assistance.
Page 1 | Accessibility
The form specifies 7-day notice for uncontested matters, subject to the direction to see local rules.
7 DAY NOTICE FOR UNCONTESTED
Page 1 | PRAECIPE – CRIMINAL DOCKET
The form specifies 14-day notice for contested matters, subject to the direction to see local rules.
14 DAY NOTICE FOR CONTESTED
Page 1 | PRAECIPE – CRIMINAL DOCKET
Responses must be filed at least seven days before the scheduled motion.
Responses must be filed, and shall be filed at least 7 days prior to the scheduled motion.
Page 1 | Criminal Motions
For a contested motion, the Criminal Praecipe and corresponding brief must be filed 14 days before the scheduled hearing.
For a contested motion, a Criminal Praecipe and the corresponding brief must be filed 14 days prior to scheduled hearing.
Page 1 | Criminal Motions
For a contested motion, the praecipe, motion, and any corresponding briefs must be filed 14 days before the scheduled hearing.
Praecipe, Motions and any corresponding briefs must be filed 14 days prior to the scheduled hearing for a contested motion.
Page 1 | Criminal Motions
Except for cases set for trial at return on indictment, the Criminal Praecipe must be filed at least seven days before scheduling.
Except for cases set for trial at return on indictment, the Criminal Praecipe must be filed with the Clerk at least 7 days prior to scheduling.
Page 1 | Criminal Scheduling Docket
For an uncontested motion, the Criminal Praecipe must be filed seven days before the scheduled hearing.
For an uncontested motion, a Criminal Praecipe must be filed 7 days prior to the scheduled hearing.
Page 1 | Criminal Motions
A contested civil motion requires 14 days’ notice, subject to the form’s reference to local rules.
(14 DAY NOTICE FOR CONTESTED; 7 DAY NOTICE FOR UNCONTESTED; or SEE LOCAL RULES)
Page 1 | PRAECIPE - CIVIL MOTION
File the Civil Phone Scheduling Praecipe with the Clerk at least seven days before the phone scheduling docket for the request to be heard.
A Civil Phone Scheduling Praecipe must be filed with the Clerk at least seven (7) days prior to the phone scheduling docket in order for the scheduling request to be heard.
Page 3 | Alternative Scheduling Methods for Civil Cases
Contested civil motions must be filed at least 14 days before the hearing date unless the Court exempts them.
Contested civil motions must be filed at least fourteen (14) days prior to the hearing date, unless exempted by the Court.
Page 5 | E. DOCKETING OF CIVIL MOTIONS
For an uncontested civil motion, the praecipe, motion, and any proposed order must be filed at least 7 days before the scheduled hearing.
For an uncontested civil motion, a Civil Motion Praecipe, motion and any proposed order must be filed at least seven (7) days prior to the scheduled hearing.
Page 5 | E. DOCKETING OF CIVIL MOTIONS
A contested motion must be filed at least 14 days before the scheduled hearing day.
A contested motion must be filed at least fourteen (14) days prior to the scheduled hearing day.
Page 6 | F. MOTIONS
The compliance Notice must be filed with the Clerk at least seven days before the hearing.
Counsel or self-represented litigants must file a Notice with the Clerk at least seven (7) days prior to the hearing certifying compliance with this requirement.
Page 7
The moving party must file the Spreadsheet with the motion at least fourteen days before the hearing.
The Spreadsheet must be filed with the motion at least fourteen (14) days prior to the hearing.
Page 8 | H. MOTIONS TO COMPEL
An Opposition Spreadsheet must be filed at least seven days before the hearing.
An Opposition Spreadsheet must be filed at least seven (7) days prior to the hearing.
Page 8 | H. MOTIONS TO COMPEL
File the Guardian Ad Litem report at least seven days before the hearing in guardianship, conservatorship, and infant settlement cases.
A Guardian Ad Litem report in any guardianship, conservatorship, or infant settlement case must be filed at least seven (7) days prior to the hearing.
Page 9 | K. GUARDIAN AD LITEM REPORTS
Unless the court waives compliance, counsel must submit proposed jury instructions with supporting authority at least two days before a civil jury trial.
Pursuant to Rule 1:15(c), counsel of record, unless compliance is waived by the court, must, at least two (2) days before a civil jury trial date, submit to the Court a copy of all jury instructions the party proposes to request, and note thereon the authority or authorities relied upon for each proposed instruction.
Page 10 | L. CIVIL TRIALS
At trial commencement, counsel must tender originals of agreed instructions and cited copies of contested instructions.
At the commencement of trial, counsel of record must tender the Court the originals of all agreed upon instructions and copies of all contested instructions with appropriate citations.
Page 10 | L. CIVIL TRIALS
Each party’s written custody or visitation pretrial conference filing is due at least seven days before the conference.
Pretrial Conference in Custody / Visitation: In addition to the applicable items above, in any case involving a custody / visitation pre-trial conference, each party must file, at least seven (7) days prior to the pretrial conference, a written pretrial conference filing.
Page 11 | Pretrial Conference in Custody / Visitation
The initial joint equitable distribution schedule is due at least seven days before the pretrial conference.
Pretrial Conference for Equitable Distribution trials: In addition to the applicable items above, in any case involving an equitable distribution pretrial conference, the parties must file, at least seven (7) days prior to the pretrial conference, an initial joint equitable distribution schedule highlighting each entry on which the parties disagree.
Page 11 | Pretrial Conference for Equitable Distribution trials
The final joint equitable distribution schedule is due at least seven days before trial.
M. EQUITABLE DISTRIBUTION AND DOMESTIC RELATIONS TRIALS: In any case involving equitable distribution, the parties must file, at least seven (7) days prior to trial a final joint equitable distribution schedule highlighting each entry on which the parties disagree.
Page 12 | M. EQUITABLE DISTRIBUTION AND DOMESTIC RELATIONS TRIALS
A Criminal Praecipe must be filed with the Clerk at least seven days before scheduling.
A Criminal Praecipe must be filed with the Clerk at least seven (7) days prior to scheduling.
Page 13 | III. CRIMINAL FILING AND DOCKET PROCEDURES
The District Courts schedule misdemeanor appeals for Thursdays at 9:00 a.m. when the appeal is taken, with the date set 21 to 60 days after the notice of appeal is filed.
Misdemeanor appeals will be directly scheduled on any Thursday at 9:00 a.m. by the District Courts at the time of the appeal, but not earlier than 21 days and no later than 60 days after the notice of appeal is filed.
Page 14 | III. CRIMINAL FILING AND DOCKET PROCEDURES
For every felony guilty plea, the Commonwealth’s Attorney must ensure the required plea documents are filed at least seven days beforehand.
For all felony guilty pleas, the Commonwealth’s Attorney must ensure the following are filed at least seven (7) days prior:
Page 14 | III. CRIMINAL FILING AND DOCKET PROCEDURES
For a case already set for trial, a party may seek an earlier guilty-plea date by filing a Criminal Praecipe at least seven days before the requested date and setting it on the 10:00 a.m. Criminal Docket.
For cases already set for trial, a party may advance a case for entry of a guilty plea by filing a Criminal Praecipe at least seven (7) days prior to the plea date sought, setting the matter on a 10:00 a.m. Criminal Docket.
Page 14 | III. CRIMINAL FILING AND DOCKET PROCEDURES
A party must file any written sentencing memorandum at least five days before the sentencing hearing.
Any written Sentencing Memorandum by a party must be filed five (5) days prior to the sentencing hearing;
Page 15 | 3. SENTENCINGS & REVOCATIONS
Unless the court orders otherwise, a supporting brief must be filed at least fourteen days before the motion hearing.
Unless ordered otherwise, the brief in support must be filed at least fourteen (14) days prior to the hearing on the motion.
Page 15 | 4. CRIMINAL MOTIONS
For a contested motion, a response or opposition brief must be filed at least seven days before the scheduled hearing.
If the motion is contested, a response or opposition brief to the motion must be filed at least seven (7) days prior to the scheduled hearing.
Page 15 | 4. CRIMINAL MOTIONS
For a contested motion, the Criminal Praecipe, motion, and corresponding brief must be filed at least fourteen days before the scheduled hearing.
For a contested motion, a Criminal Praecipe, the motion and the corresponding brief must be filed at least fourteen (14) days prior to the scheduled hearing.
Page 15 | 4. CRIMINAL MOTIONS
Parties must file proposed criminal jury instructions before trial using the method and manner specified for civil jury instructions in Local Rule II.L.5.
Parties must file proposed criminal jury instructions in advance of trial in the same method and manner as provided for civil jury instructions in Local Rule II.L.5 herein.
Page 16 | G. CRIMINAL TRIALS — 2. JURY INSTRUCTIONS
For an uncontested motion, the Criminal Praecipe, motion, and any proposed order must be filed at least seven days before the scheduled hearing.
For an uncontested motion, a Criminal Praecipe, motion and any proposed order must be filed at least seven (7) days prior to the scheduled hearing.
Page 16 | 4. CRIMINAL MOTIONS
If the praecipe deadline falls on a Saturday, it moves to the prior business day, Friday.
If the deadline falls on a Saturday, the deadline to file the praecipe will be the prior business day (Friday).
Page 1 | Civil Scheduling
Misdemeanor appeals are scheduled for a Thursday at 9:00 a.m., 21 to 60 days after the appeal date.
Misdemeanor Appeals will be directly scheduled on any Thursday at 9:00 a.m. by the District Courts at the time of the appeal, but no earlier than 21 days and not later than 60 days after the appeal date.
Page 1 | Misdemeanor Appeals
Unless otherwise provided by statute, the following discovery disclosures are due a specified but blank number of calendar days before trial.
It is further ORDERED that, unless otherwise provided by statute, no later than _____ calendar days before trial:
Criminal cases
Page 7 | Discovery by the Commonwealth
In-court scheduling before a judge is available for civil matters as needed by praecipe with seven days’ advance notice on the 9:00 a.m. Civil Motions Docket.
In-court scheduling before a judge continues to be available for all civil matters, as needed and by praecipe with seven (7) days advance notice, on the 9:00 a.m. Civil Motions Docket.
Page 4 | Alternative Scheduling Methods for Civil Cases
Deeds may be recorded during the stated hours on weekdays, except legal holidays.
Recording hours are from 8:00 a.m. to 4:00 p.m. Monday through Friday, except on legal holidays.
Page 1 | Terms of Court and General Information
Parties are strongly encouraged, but not required, to file a joint spreadsheet 14 days before argument.
Parties are strongly encouraged, but not required, to file a joint spreadsheet 14 days prior to argument on the motion.
Page 1 | Motions to Compel
Parties may file a Criminal Praecipe to docket a plea at least seven days before the scheduled hearing.
At least 7 days prior to the scheduled hearing, parties may file a Criminal Praecipe to docket a plea.
Page 1 | Pleas
A motion to suppress or other motion under Va. Code §19.2-266.2 must be filed at least 45 days before trial, except for good cause shown.
A motion to suppress or other motion pursuant to Va. Code §19.2-266.2 must be filed at least forty-five (45) days prior to trial, and set for hearing at least twenty-one (21) days prior to trial, except for good cause shown.
Page 15 | 4. CRIMINAL MOTIONS
Service and Proof of Service Rules
The signer must certify service of a true copy on all parties or counsel of record and identify the method and date of service.
By signing below, I HEREBY CERTIFY that I have served a true copy of this filing on all parties / counsel of record herein pursuant to the Rules of the Supreme Court of Virginia by: HAND DELIVERY U.S. MAIL FACSIMILE E-MAIL OTHER: on this day of , 20 .
Civil cases
Page 2 | Certificate
Both parties must exchange all exhibits at least seven days before the hearing; late-exchanged exhibits may not be considered.
Both parties shall exchange all exhibits no later than 7 days prior to the hearing. Exhibits that are not timely exchanged may not be considered.
Page 1 | Exhibits
The filer must certify service of a true copy on all parties or counsel of record and identify the method used.
By signing below, I HEREBY CERTIFY that I have served a true copy of this filing on all parties / counsel of record herein pursuant to the Rules of the Supreme Court of Virginia by: HAND DELIVERY U.S. MAIL FACSIMILE E-MAIL OTHER:
Page 2 | CERTIFICATE
The filer certifies that a true copy was served on all parties or counsel of record under the Virginia Supreme Court Rules and records the service date.
By signing below, I HEREBY CERTIFY that I have served a true copy of this filing on all parties / counsel of record herein pursuant the Rules of the Supreme Court of Virginia by: HAND DELIVERY U.S. MAIL FACSIMILE E-MAIL OTHER: on this day of , 20 .
Page 2 | CERTIFICATE
The parties must exchange pendente lite hearing exhibits at least seven days before the hearing, must not file them with the Court, and untimely exhibits may not be considered.
In lieu of briefs, the parties must exchange at least seven (7) days prior to the hearing, but not file with the Court, their exhibits intended to be referenced at the pendente lite hearing. Exhibits that are not timely exchanged may not be considered.
Page 7
The filer must serve a true copy on all parties or counsel of record and certify the service method and date.
By signing below, I HEREBY CERTIFY that I have served a true copy of this filing on all parties / counsel of record herein pursuant the Rules of the Supreme Court of Virginia by: HAND DELIVERY U.S. MAIL FACSIMILE E-MAIL OTHER: on this day of , 20 .
Page 1 | Certificate
Filing Fees and Waivers
Financial transactions may be made in person at the Clerk's Office on weekdays during the stated hours.
Financial transactions are accepted in person at the Clerk’s Office, Monday through Friday 8:00 am to 4:00 pm.
Page 1 | Financial Transactions
Criminal fines and costs may be paid online at any time, but payments are processed during normal business hours.
Online payment of criminal fines and costs can be made at any time 7 days a week, but will be processed during normal business hours.
Page 1 | Financial Transactions
Sealing & Redaction Procedures
Material evidence disclosed or discovered under the Order and filed with the clerk must remain sealed until admitted at a trial or hearing or unsealed by court order.
Any material evidence disclosed or discovered pursuant to this Order and filed with the clerk of the court shall be placed under seal until it is either admitted as an exhibit at a trial or hearing or the court enters an order unsealing specified material or evidence.
Criminal cases
Page 2 | General Provisions
The court must maintain returned RDM under seal, while keeping sealed material available for inspection by counsel of record.
The court shall maintain such returned RDM under seal. Any material sealed pursuant to this section shall remain available for inspection by counsel of record.
Criminal cases
Page 6 | Restricted Dissemination Material
The defendant’s attorney must return all disclosed RDM originals and copies to the court within 21 days after entry of a final trial-court order or when the representation ends.
(E) Within twenty-one (21) days of the entry of a final order by the trial court, or upon the termination of the representation of the defendant, the defendant’s attorney shall return to the court all originals and copies of any RDM disclosed pursuant to this order.
Criminal cases
Page 6 | Restricted Dissemination Material
Restricted Dissemination Material may be disclosed only to defense counsel or an expert witness; counsel may communicate or show it to the defendant but may not provide copies, and the material otherwise may not be reproduced, copied, or disseminated.
(C) RDM may only be disclosed to the defendant’s attorney, or to an expert witness. The defendant’s attorney may orally communicate the content of RDM to the defendant or allow the defendant to view the content of such material but shall not provide the defendant with copies of material so designated. RDM may not otherwise be reproduced, copied or disseminated in any way.
Criminal cases
Page 6 | Restricted Dissemination Material
Redaction or restricted-dissemination designation applies to all material or evidence provided under the Order.
The redaction or the designation of restricted dissemination material shall apply to any material or evidence provided under this Order.
Criminal cases
Page 4 | Redaction and Restricted Dissemination Material
The Commonwealth may designate disclosed evidence or material as Restricted Dissemination Material without supporting certification if the defendant’s attorney agrees.
(A) The Commonwealth may designate any evidence or material subject to disclosure pursuant to this Order as RDM, without supporting certification, if the defendant’s attorney agrees to the designation.
Criminal cases
Page 5 | Restricted Dissemination Material
A defendant may move for disclosure of redacted personal identifying information; for good cause, the court may order disclosure and may designate the information as Restricted Dissemination Material.
(B) If the Commonwealth redacts personal identifying information pursuant to this Order the defendant may file a motion seeking disclosure of the redacted information. Should the court find good cause for disclosure, it may order the Commonwealth to provide the redacted information. In its discretion, the court ordering the provision of redacted personal identifying information may order that the information be identified as "Restricted Dissemination Material” pursuant to paragraph 2 of this section.
Criminal cases
Page 5 | Redaction
The Commonwealth may redact qualifying witnesses’ or victims’ residential addresses, telephone numbers, e-mail addresses, and employment places, as well as any person’s date of birth and Social Security Number in disclosed material.
(A) The Commonwealth may redact the residential address, telephone number, e-mail address and place of employment of any witness or victim, or any member of a witnesses or victim’s family, who satisfies the conditions outlined in Virginia Code Section 19.2-11.2. The Commonwealth may redact the date of birth and Social Security Number of any person whose information is contained in material or evidence provided pursuant to this Order.
Criminal cases
Page 5 | Redaction
A defendant may move at any time to remove an RDM designation made under paragraph 2(B), and the court may remove it for good cause.
(D) If the Commonwealth designates evidence or material as RDM pursuant to paragraph 2(B) of this section, the defendant may at any time file a motion seeking to remove that designation from such evidence or material. Should the court find good cause to remove the designation, it may order that the evidence or material no longer be designated as RDM.
Criminal cases
Page 6 | Restricted Dissemination Material
A defendant’s attorney may redact a witness’s personal identifying information only if authorized by a protective order; the sentence is truncated in the provided text.
The defendant’s attorney may redact the personal identifying information of any witness if so authorized by a protective order entered pursuant
Criminal cases
Page 8 | Discovery by the Commonwealth
Filing Bundling Requirements
Parties are encouraged, but not required, to file a Joint Spreadsheet at least fourteen days before the hearing.
Parties are strongly encouraged, but not required, to file a Joint Spreadsheet at least fourteen (14) days prior to the hearing.
Page 8 | H. MOTIONS TO COMPEL
Pre-Motion Conference Requirements
Contested motions generally require a supporting brief identifying legal authority and presenting arguments; the supporting brief is due 14 days before the hearing and any response or opposition brief is due 7 days before it, subject to the stated exceptions.
Pursuant to Rule 4:15(c), all contested motions must be supplemented by a brief in support, unless otherwise noted below. The brief must identify the applicable legal authority and present argument(s). The brief in support must be filed at least fourteen (14) days prior to the hearing on the motion. If the motion is contested, a response or opposition brief to the motion must be filed at least seven (7) days prior to the scheduled hearing.
Page 6 | F. MOTIONS
Parties must comply with applicable good-faith conference requirements and certify compliance in any motion; a single demand letter or email setting a deadline is not enough to satisfy the duty to confer.
In order to avoid the filing of unnecessary motions and to narrow the issues to be decided by the court, all parties must comply with the applicable good faith confer requirements in the Virginia Supreme Court rules, and certify the same in any motion. A duty to confer to resolve a dispute without court action requires more than a single letter or e-mail demanding compliance or setting a deadline.
Page 6 | F. MOTIONS
Before filing a motion to compel, the moving party must satisfy the good-faith conferral requirements of Rules 4:1(b)(8) and 4:12(a)(2).
Prior to filing a motion to compel, the moving party must comply with good faith conferral requirements of Rules 4:1(b)(8) and 4:12(a)(2).
Page 8 | H. MOTIONS TO COMPEL
Pendente lite and motion-to-compel filings have separate filing requirements instead of ordinary briefing; the listed other motions and uncontested motions do not require briefing unless the Court orders it.
In lieu of briefing, the following motions have a separate filing requirement contained in these Local Rules: a. Motions for Pendente Lite Relief (see section II.F below); b. Motions to Compel (see section II.G below). The following motions do not require briefing, unless ordered by the Court: c. Motions to Withdraw / Substitution of Counsel; d. Motions to Continue; e. Motions to Appoint a guardian ad litem; f. Motions for Presentment or Entry of an Order; g. Motions to Stay for Bankruptcy Proceedings; h. Uncontested motions.
Page 6 | F. MOTIONS
Praecipes for hearings on demurrers, pleas in bar, and other responsive pleadings that are not technically motions remain subject to the stated briefing requirements and docketing limitations.
A praecipe docketing a hearing on a demurrer, plea in bar, or other responsive pleading that is not technically considered a motion is subject to the briefing requirements and docketing limitations set forth above.
Page 6 | F. MOTIONS
Chambers Communication Rules
Civil scheduling is held Mondays and Tuesdays except holidays at 9:00 a.m. by telephone; counsel and self-represented parties are expected to call the listed number and remain in the queue, and in-person scheduling is unavailable.
Civil scheduling is held Monday and Tuesday (except holidays) at 9:00 a.m. All civil scheduling matters are conducted by telephone by calling 571-258-3708.Counsel and self-represented parties are expected to call in and remain in the telephone queue until their call is answered. There is no in-person scheduling option.
Page 1 | Civil Scheduling
The parties must be on the phone together before calling in for phone scheduling unless one party has available dates from everyone.
The parties must be on the phone together prior to calling in for phone scheduling unless one party has available dates from all parties.
Page 4 | Alternative Scheduling Methods for Civil Cases
Civil phone scheduling is arranged through the clerk's scheduling line, with the form listing Monday or Tuesday at 9:00 a.m. as scheduling options.
The Clerk is requested to place this matter on for Civil Phone Scheduling (571-258-3708) on: Monday Tuesday, the day of , 20 at 9:00 a.m., to schedule the following:
Civil cases
Page 1 | Praecipe - Civil Phone Scheduling
Scheduling calls begin at 9:00 a.m.; calls placed earlier will not enter the queue or be answered.
PLEASE NOTE: Scheduling by phone begins at 9:00 a.m. All calls placed prior to 9:00 a.m. will not go into the queue and will not be answered.
Page 1 | Civil Scheduling
After reasonable notice, the matter may be scheduled without a party who fails to participate in phone scheduling.
If, after reasonable notice, a party fails to participate in phone scheduling, the matter may be scheduled in their absence.
Page 4 | Alternative Scheduling Methods for Civil Cases
For civil phone scheduling, counsel and self-represented parties are expected to call 571-258-3708 and remain in the queue until the scheduling teleconference ends.
All civil phone scheduling is conducted at the following number: 571-258-3708. Counsel and self- represented parties are expected to call in and remain in the telephone queue until the scheduling teleconference is completed.
Page 4 | Alternative Scheduling Methods for Civil Cases
Civil trial phone scheduling occurs Mondays and Tuesdays at 9 a.m. at the stated number.
Scheduling for civil trials will be conducted by phone scheduling every Monday and Tuesday at 9 a.m. Civil matters may be placed on the phone scheduling docket by the filing of a Civil Phone Scheduling Praecipe. All civil phone scheduling is conducted at the following number 571-258-3708.
Page 1 | Scheduling for civil trials
The completed ADA accommodation form may be emailed to the Clerk of the Circuit Court’s office.
The completed form may be emailed to the Clerk of the Circuit Court's office.
Page 1 | Accessibility
For civil appeals from District Courts other than Protective Order appeals, the Circuit Court Clerk’s Office will contact the parties with a specific scheduling date.
With the exception of Protective Order appeals, in all civil cases appealed from the District Courts, the parties will be contacted by the Circuit Court Clerk's Office and given a specific date to have their appeal scheduled.
Page 1 | Civil Appeals
For Protective Order hearing appeals, after service on the opposing party, the Circuit Court Clerk’s Office will contact the parties to schedule the appeal.
For appeals of Protective Orders hearings, once service is made on the opposing party, the Circuit Court Clerk's Office will contact the parties to schedule their appeal.
Page 1 | Civil Appeals
A completed ADA accommodation form may be emailed to the Clerk of the Circuit Court’s office.
The completed form may be emailed to the Clerk of the Circuit Court's office.
Page 1 | Accessibility
Parties are encouraged to consult the Clerk’s Office to determine the correct numbering for applicable filings.
Parties are responsible to ensure the proper case number(s) is noted on any applicable subsequent filing and are encouraged to consult with the Clerk’s Office to determine correct numbering for any applicable filing(s).
Page 2 | II. CIVIL FILING AND SCHEDULING PROCEDURES, B. CASE NUMBERING
Civil trials may be scheduled by phone on Mondays and Tuesdays at 9:00 a.m., except when the day is a recognized holiday or courts are closed; in-court scheduling is required where applicable.
Unless required to be scheduled in-court, scheduling for civil trials may be conducted by phone scheduling every Monday and Tuesday at 9:00 a.m. If any Monday or Tuesday falls on a recognized holiday, or other date that courts are closed, phone scheduling will not occur.
Page 3 | Alternative Scheduling Methods for Civil Cases
Parties are encouraged to consult the Clerk’s Office to determine the correct numbering for applicable filings.
are encouraged to consult with the Clerk’s Office to determine correct numbering for any applicable filing(s).
Page 13 | III. CRIMINAL FILING AND DOCKET PROCEDURES
For information about electronic recording and submission, users may email the clerk or visit the Clerk's website.
For more information on the electronic recording process and how to submit electronic recordings, email the clerk at[email protected], [email protected] or visit the Loudoun County Clerk's website.
Page 1 | Terms of Court and General Information