Loudoun County Circuit Court, Virginia Document Filing Requirements

CRITICAL

Applies to

Pendente lite hearing exhibits

The pendente lite hearing exhibits must be provided to the Court immediately before the hearing.

The exhibits must be provided to the Court immediately prior to the pendente lite hearing.

CRITICAL

Applies to

Motion

A brief must accompany a motion unless the motion is listed as an exception or the Court orders otherwise.

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.

CRITICAL

Applies to

Supporting brief

A contested motion generally must be accompanied by a supporting brief that identifies the applicable legal authority and presents arguments, unless an exception applies.

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).

CRITICAL

Applies to

Proposed order

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.

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.

CRITICAL

Applies to

Praecipe

A filer who believes additional hearing time is needed must provide a good-faith time estimate.

IF I BELIEVE ADDITIONAL TIME WILL BE NEEDED THEN A GOOD FAITH TIME ESTIMATE MUST BE PROVIDED BELOW

CRITICAL

Applies to

Motion

A motion must concisely state only the facts relied upon and the relief requested, without authority.

A motion shall concisely set forth only the facts relied upon and the relief requested (i.e., no authority).

CRITICAL

Applies to

Motion

A motion must concisely state the relied-upon facts and requested relief, without including authority in the motion.

A motion shall concisely set forth the facts relied upon and the relief requested (i.e. no authority).

CRITICAL

Applies to

Jury instructions

Proposed jury instructions must include the authority relied upon for each instruction, unless the court waives compliance.

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.

CRITICAL

Applies to

Motion

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.

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.

CRITICAL

Applies to

Motion

A motion that relies on legal authority must be accompanied by briefs.

If a motion relies on legal authority, briefs must accompany the motion.

CRITICAL

Applies to

Criminal motion

Except for bail motions, criminal motions must be placed on the 1:00 p.m. Criminal Docket by filing a Criminal Praecipe.

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.

CRITICAL

Applies to

Motion

A motion must concisely state the facts relied upon and the relief requested, without legal authority.

A motion shall concisely set forth the facts relied upon and the relief requested (i.e., no legal authority).

CRITICAL

Applies to

Motion to reconsider

A motion to reconsider cannot be docketed by praecipe; it must be filed with the Clerk and directed to the judge who ruled, and a hearing is docketed only at the Court’s direction, with discretion to deny it without a hearing or further argument.

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.

CRITICAL

Applies to

Trial date scheduling form

The scheduling form requires all red-asterisked fields and notification email addresses for counsel of record and any pro-se litigant; use “other” for a GAL.

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.

CRITICAL

Applies to

Guardian ad litem report

A Guardian Ad Litem report is required 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.

CRITICAL

Applies to

Pendente lite hearing exhibits

As applicable, pendente lite hearing exhibits must include the listed income, insurance, childcare, and support-guideline materials.

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

CRITICAL

Applies to

Initial joint equitable distribution schedule

In equitable distribution cases, the parties must file an initial joint schedule identifying disputed entries 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.

CRITICAL

Applies to

Ada accommodation request form

To request an ADA accommodation, complete the form and return it to the Clerk’s Office as soon as possible and no later than five business days before the 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.

CRITICAL

Applies to

Rule to show cause order

The order must designate a 9:00 a.m. civil motions docket return date that allows sufficient time for the petitioner to issue service of process.

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.

CRITICAL

Applies to

Rule to show cause petition

Must include

proposed order

A Rule to Show Cause petition must be sworn, filed with the Circuit Court Clerk for direction to Judges’ Chambers, and accompanied by a proposed order for signature.

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.

CRITICAL

Applies to

Motion to compel and opposition

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.

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.

CRITICAL

Applies to

Final joint equitable distribution schedule

In equitable distribution cases, the parties must file a final joint schedule identifying each disputed entry 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.

CRITICAL

Applies to

Trial date scheduling form

Complete all required fields before submitting the request; the application highlights missing or invalid information.

Form Validation: The application automatically highlights missing or invalid information. Ensure all required fields are completed before submitting the request.

CRITICAL

Applies to

Criminal praecipe

A motion is not required to advance the case for a guilty plea, but all required plea paperwork must be submitted with or before the Praecipe is filed.

No motion is required; however, all required plea paperwork must be submitted with or prior to the filing of the Praecipe.

CRITICAL

Applies to

ADA accommodation request form

To request an ADA accommodation, complete the form and return it to the Clerk’s Office as soon as possible and 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.

CRITICALCivil cases

Applies to

Praecipe

Must include

certificate of service

The praecipe includes a certificate of service for the signer to complete.

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:

CRITICAL

Applies to

Written pretrial conference filing

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.

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.

CRITICAL

Applies to

Praecipe

The filing party must complete their contact information.

†Complete contact Information of filing party REQUIRED by Rule 1:4 of the Virginia Supreme Court

CRITICAL

Applies to

Parent education seminar proof

Proof of completing an approved Parent Education Seminar must be filed or brought to the pretrial conference.

Proof of completing an approved Parent Education Seminar must be filed or brought to the pretrial conference.

CRITICALCriminal cases

Applies to

Discovery disclosure

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.

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;

CRITICAL

Applies to

Praecipe

Must include

certificate of service

The praecipe includes a certificate section in which the filer certifies service on all parties or counsel of record.

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 .

CRITICALCriminal cases

Applies to

Discovery disclosure

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.

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.

CRITICAL

Applies to

Initial joint equitable distribution schedule

For an equitable distribution pretrial conference, the parties must file an initial joint schedule identifying each disputed entry.

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.

CRITICALCriminal cases

Applies to

Discovery disclosure

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.

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.

CRITICAL

Applies to

Contested motion

A contested motion must be supplemented by a supporting brief, subject to the stated exceptions and any contrary court order.

All contested motions must be supplemented by a brief in support, unless otherwise noted below.

CRITICAL

Applies to

Trial date scheduling form

Check all three certification fields before submitting the form.

Certification: All three fields in the certification are required to be checked before the form is submitted.

CRITICAL

Applies to

Expungement petition

One expungement petition may cover multiple charges, but each charge to be expunged must have its own order.

One (1) Petition for Expungement may include multiple charges to be expunged, however, each charge to be expunged must have its own order.

CRITICAL

Applies to

Civil motion

Civil motions must be docketed on the Civil Motions Docket using a Civil Motions Praecipe.

Civil motions shall be docketed on the Civil Motions Docket by using a Civil Motions Praecipe.

CRITICAL

Applies to

Praecipe

If known, names, email addresses, and phone numbers for all other counsel or self-represented litigants must be provided, with a supplemental sheet attached if needed.

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.)

CRITICAL

Applies to

Trial date scheduling form

Select the appropriate hearing or trial type on the scheduling form.

Hearing Type: Select the appropriate hearing or trial type for your request.

CRITICALCriminal cases

Applies to

Discovery disclosure

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.

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.

CRITICAL

Applies to

Felony guilty plea

For felony guilty pleas, the Commonwealth’s Attorney must file the listed plea documents, including applicable conditional documents.

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).

CRITICAL

Applies to

Motion to compel spreadsheet

The spreadsheet must identify the discovery request at issue, the responding party’s verbatim answer or objection, the moving party’s basis for relief, and a blank column for the Court’s notes or ruling.

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.

CRITICAL

Applies to

Praecipe

The filing party must provide complete contact information on the praecipe.

†Complete contact Information of filing party REQUIRED by Rule 1:4 of the Virginia Supreme Court

CRITICAL

Applies to

Praecipe

For a 7-day notice, the filer must certify that the matter is for scheduling, for plea, or uncontested.

For 7 day notice only, I certify this matter is for scheduling, for plea, or is uncontested.

CRITICAL

Applies to

Felony guilty plea

For every felony guilty plea, the Commonwealth must ensure the listed plea documents are filed, including applicable amendments, waivers, and victim-rights certification.

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).

CRITICAL

Applies to

Trial date scheduling form

Enter trial duration in full-day increments; if less than a full day is needed, put the estimated duration in the notes section.

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.

CRITICAL

Applies to

Motion to compel discovery

The parties must file an Excel-type spreadsheet with motions to compel discovery responses and oppositions to those motions.

In all motions to compel discovery responses, and oppositions thereto, the parties shall file an excel-type spreadsheet.

CRITICAL

Applies to

Jury instructions

Counsel must tender originals of agreed jury instructions and copies of contested instructions with appropriate citations.

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.

CRITICAL

Applies to

Bail motion or bail appeal

Bail motions and bail appeals must be filed with the Clerk without a praecipe.

Bail motions and bail appeals must be filed with the Clerk without a praecipe.