Loudoun County Circuit Court, Virginia Document Filing Requirements

CRITICAL

Applies to

Praecipe

The filer must certify making a good-faith effort to obtain and provide correct contact information for all parties or counsel of record.

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.

CRITICAL

Applies to

Notice

Counsel or self-represented litigants must file a compliance Notice with the Clerk at least seven days before the hearing, and failure to do so may result in removal of the motion from the docket.

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.

CRITICAL

Applies to

Motion

Must include

case number

Parties must ensure that the correct case number or numbers appear on their motion.

Parties are responsible to ensure the proper case number(s) is noted on their motion.

CRITICAL

Applies to

Subsequent filing

Must include

case number

Parties must note the proper case number on each applicable subsequent filing.

Parties are responsible to ensure the proper case number(s) is noted on any applicable subsequent filing

CRITICALCriminal cases

Applies to

Discovery disclosure

The defendant must provide the Commonwealth a list of expected defense witnesses’ names and, if known, addresses.

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.

CRITICAL

Applies to

Motion

Motions must be placed on the Thursday 1:00 p.m. Motions docket by Criminal praecipe.

All motions are to be placed on the Thursday Motions docket at 1:00 p.m. by Criminal praecipe.

CRITICAL

Applies to

Petition for rule to show cause

A Rule to Show Cause petition must be under oath, filed with the Circuit Court Clerk for Judges’ Chambers, and accompanied by an order for signature.

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.

CRITICAL

Applies to

Final joint equitable distribution schedule

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

WARNING

Applies to

Motion to reconsider

A motion to reconsider is docketed for hearing only at the court’s direction and may be denied without a hearing or further argument.

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.

WARNING

Applies to

Motion to reconsider

A motion to reconsider must be filed with the Clerk and directed to the judge who ruled on the matter.

A motion to reconsider must be filed with the Clerk and directed to the attention of the judge who ruled on the matter.

WARNING

Applies to

Praecipe civil motion

The filing party must provide complete contact information as required by Rule 1:4.

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

WARNING

Applies to

Motion to compel discovery

The spreadsheet requirement takes precedence over the briefing requirement stated above.

The Spreadsheet requirement supersedes the briefing requirement above.

WARNING

Applies to

Pendente lite exhibits

Exhibits should include the listed financial, insurance, childcare, and support-guideline materials when applicable.

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.

WARNING

Applies to

Criminal docket praecipe

Should a party believe argument and ruling on a motion will exceed 20 minutes, a time estimate shall be noted on the Criminal Docket Praecipe.

Should a party believe argument and ruling on a motion will exceed 20 minutes, a time estimate shall be noted on the Criminal Docket Praecipe.

WARNING

Applies to

Motion to reconsider

A motion to reconsider may not be docketed by praecipe.

A motion to reconsider may not be docketed by praecipe.

WARNING

Applies to

Praecipe civil motion

Provide the name, role, email, and phone number of other counsel or self-represented litigants if known, using a supplemental sheet if needed.

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.)

WARNING

Applies to

Trial date scheduling form

Specify the earliest date the trial may begin; to find the earliest available date, leave the field set to the current date.

State Date: Specify the earliest date on which the trial may begin. To locate the earliest available date, leave this field set to the current date.

WARNING

Applies to

Written stipulation or proffer

Parties are strongly encouraged to submit written stipulations on uncontested issues and/or written proffers or proposed findings at least three days before the hearing.

Parties are strongly encouraged to enter into written stipulations on uncontested issues and/or prepare written proffers or proposed findings of fact in lieu of an oral proffer and submit them to the Court at least three (3) days prior to the date of hearing.

WARNING

Applies to

Motion

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

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

WARNING

Applies to

Uncontested motion

Must include

proposed order

An uncontested motion must include any proposed order filed with the Criminal Praecipe and motion.

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.

WARNING

Applies to

Criminal jury instructions

Parties must submit proposed criminal jury instructions in advance of trial according to the method and manner specified 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.

WARNING

Counsel may self-schedule motions for the 1:00 p.m. docket but may not self-schedule pleas, sentencings, or probation violations there.

Only motions may be self-scheduled by counsel for the 1:00 p.m. docket; no counsel may self-schedule pleas, sentencings or probation violations for the 1:00 p.m. docket.

WARNING

Applies to

Civil phone scheduling praecipe

Civil matters may be placed on the phone scheduling docket by filing a Civil Phone Scheduling Praecipe; other matters may be scheduled without one if the Court authorizes it.

Civil matters may be placed on the phone scheduling docket by the filing of a Civil Phone Scheduling Praecipe. Other matters may be scheduled without the need for a Civil Phone Scheduling Praecipe if authorized by the Court.

WARNING

Applies to

Civil phone scheduling praecipe

A Civil Phone Scheduling Praecipe may be filed to place a civil matter on the phone scheduling docket.

Civil matters may be placed on the phone scheduling docket by the filing of a Civil Phone Scheduling Praecipe.

WARNINGCivil cases

Applies to

Praecipe

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

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

WARNING

Applies to

Post trial filings and trial preparation

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.

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.

WARNING

Applies to

Criminal praecipe

The Criminal Praecipe must state the time estimate.

Time estimates shall be noted on the Criminal Praecipe.

WARNINGCivil cases

Applies to

Praecipe

The signer must certify making a good-faith effort to obtain and provide correct contact information for all parties or counsel of record.

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.

WARNINGCivil cases

Applies to

Praecipe

The praecipe must provide the name, role, email, and phone number of other counsel or self-represented litigants if known; a supplemental sheet may be attached if needed.

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.)

WARNINGCriminal cases

Applies to

RDM designation

Without the defendant’s attorney’s agreement, the Commonwealth may designate material as Restricted Dissemination Material only by marking it and providing a written certification, upon information and belief, that one of the stated grounds applies.

(B) In the absence of an agreement by the attorney for the defendant, the attorney for the Commonwealth may designate any evidence or material as RDM by stamping or otherwise marking it as such and providing a certification in writing, upon information and belief that: (i) the designated material relates to the statement of a child victim or witness; or (ii) disclosure of the designated material may result in danger to the safety or security of a witness or victim, danger of a witness being intimidated or tampered with, or a risk of compromising an ongoing criminal investigation or confidential law enforcement technique.

WARNING

Applies to

Motion to compel spreadsheet

The moving party need not file a spreadsheet if the responding party has filed no discovery response.

No Spreadsheet shall be required by the moving party where the responding party has failed to file any response to discovery.

WARNING

Applies to

Motion

Motions to continue, withdraw or substitute counsel, for bail, for standard discovery, and uncontested motions do not require briefs unless the court orders otherwise.

The following motions do not require briefs, unless otherwise ordered by the Court: a. Motions to Continue; b. Motions to Withdraw / Substitution of Counsel; c. Motions for Bail; d. Motions for Standard Discovery; e. Uncontested motions.

WARNINGCriminal cases

Applies to

Discovery disclosure

A qualifying certificate of analysis signed by the person who performed the analysis or examination satisfies the specified expert disclosure requirements.

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 electronic means by the person performing the analysis or examination, shall satisfy the requirements of paragraphs 4(A) and (B) of this section.

WARNING

Applies to

Praecipe civil motion

The signer must certify that they made a good-faith effort to obtain and provide correct contact information for all parties or counsel of record.

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.

WARNING

Applies to

Praecipe or opposition brief

If a motion is believed to exceed 20 minutes, a time estimate should be noted on the praecipe and/or opposition brief.

If believed to exceed 20 minutes, a time estimate should be noted on the praecipe and/or in the opposition brief.

INFO

Applies to

Joint written stipulation

The parties may submit joint written stipulations relevant to the motion.

The parties may submit joint written stipulations applicable to the motion.

INFO

Applies to

Civil motion praecipe

A time estimate should be noted on the Civil Motions Praecipe, even if expected to exceed 20 minutes.

A time estimate should be noted on the Civil Motions Praecipe, even if expected to exceed 20 minutes.

INFO

Applies to

Praecipe

A praecipe is not required to place the first return date on the docket.

No praecipe is required to place the first return date on the docket.

INFO

Applies to

Written stipulation

Parties are strongly encouraged to enter written stipulations on uncontested issues and submit them to the Court at the start of the hearing.

Parties are strongly encouraged to enter into written stipulations on uncontested issues and submit them to the Court at the start of the hearing.

INFO

Applies to

First return date

No praecipe is required to docket the first return date, which is for status and/or scheduling.

No praecipe is required to docket the first return date, which shall be for status and/or scheduling.

INFO

Applies to

Brief

A supporting brief should identify applicable legal authority and present arguments.

The brief should identify the applicable legal authority and present argument(s).