Loudoun County Circuit Court, Virginia Pre-Motion Conference Requirements

CRITICAL

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.

CRITICAL

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).

CRITICAL

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.

WARNING

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.

WARNING

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.