Loudoun General District Court, Virginia
Court-Level Rules, Filing Procedures & Policies
- Rules last changed:
Adjournments
- Up until ten (10) days before the first scheduled court date, a misdemeanor or traffic infraction matter may be continued by counsel of record or non-attorney, by agreed order with the Commonwealth, without the need for the motion to be docketed (see LR A:6).
- Up until ten (10) days before the first scheduled traffic court date, traffic infractions (only) may be continued by a defendant, through the Clerk's Office by phone or at the Clerk's Office window. Agreement of the Commonwealth is not required. This process may only be used for the first continuance for traffic infractions, and the case will only be continued to the officer's next scheduled court date. Any subsequent continuance requests must be docketed.
Communication
Clerk
Clerk
Phone
Clerk
Document Format Requirements7 rules
All court filings must conform to the VSCR.
All court filings must be in the English language or have an applicable English language translation of the foreign language documents) attached.
An attorney's fees request based on written contract, note or other instrument must have the appropriate provision of the authorizing document highlighted, underlined or otherwise clearly marked.
filings should be typed
Plaintiff should tab and highlight or circle the relevant provision in the signed agreement.
Plaintiff should tab and highlight, underline or circic the relevant provision in the signed agreement.
For cases charged under a local ordinance, a paper copy of form DC-40 must be completed and submitted to the Clerk of Court for approval.
- File type
- Paper
Document Filing Requirements65 rules
At the time of approval of the Fine Option Plan, you shall sign a Time to Pay Agreement (Form DC-210).
To apply to perform community service, you must submit a motion to the Court.
This includes the requirement that filings should be typed and that any counsel or unrepresented party who files a pleading with this Court shall sign it and state his or her address, telephone number, fax number and e-mail address. All counsel licensed to practice law in Virginia shall include their Virginia Bar number.
Copy requests made through the Clerk must be in writing; requests for mailed copies must include a return self-addressed stamped envelope.
Court's wording
Requests for copies of any court document made through the Clerk (other than documents printed from the public access computer terminals as referenced in LR A:2(a) above) must be submitted in writing and paid for prior to pick up or mail out. Any individual or party requesting a copy of an order or other court document to be sent to them by mail must include a return self-addressed stamped envelope and provide payment for the copies in advance; otherwise the copies will not be provided.
Written requests for non-administrative case action must be made through an appropriate filing or pleading, subject to judicial discretion to waive the requirement in emergencies and the stated LR C:7(d) exception.
Court's wording
g. Any written request to the Court for a non-administrative act related to a case or pending matter shall be made only by appropriate filing or pleading that conforms to all applicable VSCR and complies with the prohibition on ex parte communications. Waiver of this provision in emergency situations is subject to judicial discretion. This provision is not applicable to LR C:7(d) herein.
Any certification requirements pursuant to VSCR 1:12 continue to apply, unless exempted by statute.
A proposed consent order must be properly endorsed by all parties.
Proposed agreed orders must be compliant with the VSCR;
Any party submitting a request for a reconsideration of a prior ruling must submit a written motion stating the reasons for his or her request for a hearing, with copy to the opposing party.
Motions will not be docketed for hearing unless specifically requested with proper notice given to the other party.
A request for attorney's fees in a civil matter must be supported by evidence, to include a proper attorney's fees affidavit, and an accompanying statement of account or other itemization of time and costs allocated to the matter, if appropriate.
If requested as part of default judgment or summary judgment, the affidavit and any other related evidence of attorney's fees must be presented at the time that judgment is requested.
At trial, the affidavit and any other relevant evidence of attorney's fees must be presented as part of the case in chief, unless otherwise specifically directed by the presiding judge.
Remote appearances (audiovisual or telephonic) are only permitted in civil matters as may be authorized by statute or by order of the Virginia Supreme Court.
A completed and legible standard plea agreement form, which is available in all courtrooms. The form should include all relevant information, to include case number(s), charged or amended code section(s) and applicable VCC code(s) on amended charges. All parties, counsel and any interpreter must review and complete the back side of the form with the appropriate acknowledgements and signatures.
All plea agreement related documents are to be submitted to the bailiff or courtroom clerk. When all paperwork is submitted as required, the courtroom clerk will pull the case file and make the same available to the Court.
The motion for standard 7C:5 discovery must be on the form specified by this Court and available to all parties, and be filed no later than ten (10) days before the scheduled trial and/or preliminary hearing date.
In any felony matter in which the Commonwealth elects to amend or modify the felony charge, the Commonwealth Attorney must make all applicable amendments to the face of the felony warrant, to include amending to the applicable code section, VCC code and summary statement of the alleged offense.
or defendant's counsel submit a fully endorsed "Motion to Waive Court Appearance" DC-344 form prior to the initial hearing and the request has been approved by a judge.
If police officers or deputies are directed by the Commonwealth's Attorney to prepare witness subpoenas in such matters, then such witness subpoenas should be submitted to the Clerk's office fully completed with only the trial date left blank; the Clerk will fill in the trial date (only) and send out for service when the trial date is set. The subpoena (with no trial date filed in) are to be filed by the deputy or police officer at the Clerk's Office with the summons.
It is the policy of this Court that such consent must be in writing. Court Forms are available for the parties to use for purposes of recording the consent of all parties.
Parties may agree to have witnesses subpoenaed for the new date, but the agreed order must set this out. An agreed continuance order that does not specify whether or not witnesses are to be subpoenaed may be rejected by the court or designated by the Court for trial with witnesses necessary.
If the Defendant is not present in court when a continuance motion is heard or granted in any matter involving the possibility of a jail sentence, then the Defendant is required to submit a signed written acknowledgment of the new court date to the Court within ten (10) days, unless such requirement is waived or modified by the Court.
A restricted-driving-privilege request made on the conviction or suspension date must include a valid driver transcript and history current within 14 days, or the request will not be considered.
Court's wording
On the date of conviction and/or suspension, this Court requires a valid driver transcript and history from the licensing state's department of motor vehicles, current within fourteen (14) days, to accompany any request made for restricted driving privileges. Any restricted driving privilege request made without a proper driver transcript will not be considered.
For alleged local-ordinance violations, court-appointed counsel must complete and provide the DC-40 when the matter concludes; untimely submission may result in denial of fees, while Public Defender submissions follow a separate agreement.
Court's wording
The DC-40 Allowance form (i.e., timesheet) must be completed for charges alleged to be in violation of a local ordinance. The DC-40 must be provided at the same time that the matter is concluded in this Court. Failure to submit an allowance form in a timely matter may result in a denial of court appointed counsel fees. Exception: Procedures for submission of allowance forms from the Office of the Public Defender are subject to and controlled by a separate agreement with the Court.
A post-conviction restricted-driving-privilege request, modification, or motion must include the listed DMV, VASAP/DCC, and applicable custody or visitation documents.
Court's wording
After the date of conviction and/or suspension (i.e., post-conviction), any restricted driving privilege request, modification or motion must include the following: i. DMV Transcript (or licensing state equivalent) ii. DMV Compliance Summary (or licensing state equivalent) iii. Letter of good standing from VASAP/DCC (as applicable) iv. Copy of any court order for child visitation and/or custody (if applicable)
Note: Any request for restricted driving privileges based on an out of state conviction or suspension must be docketed for hearing.
A secondary consumer debt purchase claim must be filed in the current creditor’s name as assignee of the original creditor.
Court's wording
If the claim is a sccondary consumer debt purchase claim, then the claim shall be filed in the name of the current creditor as assignee of the original creditor notwithstanding the provision in Va. Code Section 8.01-13 that pormits the assignce to sue in his own name.
For a claim based on a written instrument, the original must be produced and tendered to the Court unless excused for good cause or by statute.
Court's wording
If the basis for the claim is a written contract, note, or other written instrument, then the original document shall be produced and tendered to the Court unless production of the original is excused by the Court for good cause or by statute. (VSCR 7B:5.)
If the claim is based upon a credit card account, then the plaintiff shall producc, in addition to the abovc, at least one statement showing defendant's actual usc of the credit card.
The plaintiff must attach documents establishing the debt’s full chain of assignment and ownership to the Warrant in Debt, and each transfer document must identify the debtor and account number.
Court's wording
Plaintiff shall attach to the Warrant in Debt all documents supporting the full chain of the assignment or other documentary evidence establishing that the plaintiff/creditor is the owner of the debt. If the debt has been assigned more than oncc, then each assignment or other writing evidencing transfer of ownership must be submitted to cstablish an unbroken chain of ownership. Each assignment or other writing evidencing transfer of ownership must contain the debtor's name and the account number associated with the debt.
Plaintiff shall submit all documents containing the amount claimed as currently owed, broken down by principal due at the timic of default, interest, tecs, and other charges.
If the Virginia judgment rate is displaced by federal law or the exportation of home-state law, the preemption must be documented for the Court.
Court's wording
Absent a specific contractual or statutory provision, interest awarded will be awarded at the judgment rate established by Virginia statute unless the Virginia rate is preempted by a specific federal law or regulation or by exportation of the laws of the home state per federal law, in which case the preemption must be documented for the Court.
If compound interest is claimed based on federal preemption or exportation of home-state law, the preemption must be documented for the Court.
Court's wording
Compound interest is not allowed under Virginia law unless (a) provided by the contract, or (b) preemption of Virginia law by a specific fedcral stalute or regulation, or (c) cxportation of the laws of the home state per federal law, in which case the preemption must be documented for the Court.
All requests for attorney's fees based upon a contractual provision must be supported by either the original signed contract or by a lost docunient affidavit with a copy of the signed contact attached.
If the original document cannot be located, a lost document affidavit shall be submitted. (Va. Code § 8.01-32)
For a secondary consumer purchase debt claim based on an open account, the plaintiff must produce the account if one exists and may establish it with the described billing statements or sufficiently reliable records.
Court's wording
If the claim is a secondary consumer purchase debt claim and is based on an open account, then plaintiff must produce a copy of the account if there is one. (Va. Code § 16.1-88.) To establish the account, plaintiff may submit a copy or copies of billing statements generated by the original creditor or, if not available, other records with sufficient indicia of reliability which may include electronic files so long as they contain detailed information such as the date the account was open, with whom, the original account number, debit/payment historics, the date the account was charged off, and the amount due on the account.
If judgment is requested on the affidavit, then, the affidavit must contain sufficient allegations of fact to:
The affidavit materials must inform the defendant of the claim and original creditor, establish the account’s chain of transfers, and state that the affiant is familiar with and examined the supporting documents.
Court's wording
a. Inform the defendant as to the basis of the plaintiff's claim and include the identity of the original creditor; b. Establish the chain of title/transfers of the account from the original creditor to the current plaintiff (notwithstanding Va. Code § 8.01-279); c. Statement that the affiant is not only familiar with the account but has examined the documents establishing the basis of the plaintiff's claim including documents which establish chain of transfer of the account and plaintiffs ownership of the account;
If requesting judgment, plaintiff shall subinit the casc to the court for entry of judgment with all documentary evidence attached as required by the Court's Best Practices Guidelines.
Form DC-334 must also be attached to the request.
For cases charged under a local ordinance, a paper copy of form DC-40 must be completed and submitted to the Clerk of Court for approval.
To apply to perform community service, you must submit a motion to the Court.
A modification may be requested in writing on a Supreme Court-provided form, and the Court may grant it upon a good-faith showing of need.
Court's wording
At any time during the term of the deferred, modified deferred or installment payment agreement, you may request a modification of the agreement in writing on a form provided. by the Supreme Court and the Court may grant such modification based on a good faith showing of need.
In assessing your ability to pay, the Court shall use a written financial statement on a form provided by the Supreme Court or conduct an oral examination.
Petitions for a Preliminary Protective Order and for Unlawful Ouster/Exclusion automatically follow the emergency filing procedure without needing an emergency label.
Court's wording
b. Matters that are automatically handled according to this Court's emergency filing procedure listed above, without need to be labeled or identified as an "emergency," include a Petition for a Preliminary Protective Order pursuant to Virginia Code §19.2-152.9 or a Petition for Unlawful Ouster/Exclusion pursuant to Virginia Code §55.1-1243.1.
a. Any filing that seeks immediate court action or variance from the procedures set forth herein should be appropriately labeled and identified in writing as an "Emergency."
If there is a specific docketing request related to the matter, the request should be clearly stated in the filing.
Proposed consent orders should include sufficient grounds, good cause, and applicable authority in the order or an accompanying motion; insufficient information may result in denial or a hearing.
Court's wording
Sufficient grounds, good cause and authority (where applicable) should be included with every proposed consent order, either in the proposed order or in an accompanying motion, to provide the Court enough information to make an informed decision on the proposed consent order. If there is insufficient information, the proposed order will be declined, denied or may be docketed by the Court for hearing, in the Court's discretion;
The submitted filing(s) should clearly state in writing if it is requested for the matter to be reviewed and entered in chambers prior to the scheduled court date. Proposed agreed orders that are filed with no accompanying motion, request for review or entry, or other indication will simply be filed and no action taken.
If serious illness is cited as a justification for a continuance request, written verification from a medical authority or professional may be required.
If a party becomes aware of a substantial change in time estimate for trial after a matter is scheduled, it is expected that counsel of record will advise the Court of the amended good faith time estimate, in writing, no less than ten (10) days prior to the scheduled trial date.
Such request is considered a motion, subject to all applicable VSCR. Granting any such request is in the Court's sole discretion.
A completed and legible DC-40 allowance form from a court appointed counsel (unless the request for payment is being made in the Electronic Voucher Payment System (EVPS)).
If the parties elect to present a proposed plea agreement to the Court in any matter, the proposed agreement should be reduced to writing as follows:
Any other documents) or draft order(s), fully and legibly completed (e.g., deferred finding order, Department of Community Corrections referral order, restitution order, etc.).
In those cases where the complainant is a civilian, the magistrate should have the complainant fill out the subpoena (leaving the date for trial blank) and attach it to the warrant so the trial date can be filled in by the Clerk.
Any such requests may be made administratively by submitting all of the appropriate documentation through the Clerk's Office to the attention of judicial chambers with the requested court action clearly indicated in writing.
d. The affidavit should be signed by an authorized individual who is plaintiff/agent of plaintiff, other than plaintiff's counsel. (Sce LEO 1849)
A payment-agreement modification may be requested in writing on a Supreme Court form, and the Court may grant it upon a good-faith showing of need.
Court's wording
At any time during the term of the deferred, modified deferred or installment payment agreement, you may request a modification of the agreement in writing on a form provided by the Supreme Court and the Court may grant such modification based on a good faith showing of need.
It is a best practice, and the preference of this Court, for any attorney appearing on behalf of a party to first note his or her appearance by formal Notice of Appearance, Praecipe or other appropriate filing consistent with the VSCR.
The Court encourages parties to submit fully endorsed agreed orders with a written request for chambers consideration.
Court's wording
The Court encourages parties to submit proposed, fully endorsed, agreed orders to the Clerk, along with a written request to have the matter directed to chambers for consideration, in order to resolve agreed matters efficiently and without need for docketing.
It is a best practice to include a time estimate for the motion in any Praecipe, Notice or Motion that is filed.
Filing & Service rules
Electronic Filing Rules
The Clerk's Office does not accept filings by e-mail.
The Clerk's Office does not accept filings via e-mail.
Page 5 | 1. Clerk's Office
Court-appointed counsel in a criminal or traffic case involving an alleged state-code violation must submit the payment request through EVPS.
Any counsel appearing in a criminal or traffic case as court appointed counsel must submit their request for payment through the Electronic Voucher Payment System (EVPS) if the charge alleges a state code violation.
Page 24 | 12. Court Appointed Counsel
Filing Timing and Cure Windows
An application to modify a payment agreement must be made before the agreement ends.
You must apply for a modification before the payment agreement ends.
Criminal cases
Page 1 | Modification of Deferred, Modified Deferred or Installment Payment Agreements during the Term of the Agreement
Filings submitted after 4:00 p.m. are not deemed filed or received until the following business day.
Any filing submitted after 4:00 p.m. is not deemed filed or received until the following business day.
Page 5 | 1. Clerk's Office
The Clerk receives emergency-labeled filings without docketing them, brings them forthwith to an available judge, and dockets them only as the reviewing judge directs or authorizes.
Any filing labeled or identified as an Emergency will be received by the Clerk but not docketed and be brought to the attention of an available judge forthwith. The reviewing judge will assess the filing on its face and determine if such matter qualifies as an emergency and is otherwise entitled to exemption from the procedures herein or other priority treatment. If there is a specific docketing request related to the matter, the request should be clearly stated in the filing. Such matters will only be docketed at the direction or authorization of the reviewing judge.
Page 8 | 8. Emergency Matters
Motion notice periods are calculated from receipt by the Court or other party, not from sending; parties are encouraged to coordinate dates when both are available.
Notice time requirements for motions are specified in other sections of these Local Rules by subject matter. Nonetheless, parties are encouraged to communicate with each other to schedule matters when both parties are available to be heard. For all motions, notice time is calculated from when the motion is received by the Court or other party, not from when it is sent by the filing party.
Page 10 | 10. Motions, Generally
An appeal from a final order must be filed in writing with the Clerk's Office within 10 days of the order, or the right to appeal expires.
An appeal from any final order of this Court must be filed, in writing, with the Clerk's Office within ten (10) days of the order; after ten (10) days, the right to appeal expires.
Page 11 | 13. Appeals
A party who requests authorization for an alternative process must file it by the court-set deadline or the matter will be dismissed without prejudice.
d. If a party appears for a civil return and requests authorization for an alternative process to issue, such as an Alias process, a Rule to Show Cause, or a Capias, and then that party fails to file such process by the deadline set by the court, such matters) will be dismissed without prejudice.
Page 14 | PART B: CIVIL PRACTICE — Civil Return Dockets and Scheduling
If legal authority for a remote appearance exists, the requesting party must submit a written request for permission at least two business days (48 hours) before the court appearance.
If and when such legal authority exists, a party requesting a remote appearance must submit a written request to the Court for permission to appear remotely no less than two (2) business days ("48 hours") prior to the applicable court appearance.
Page 16 | Remote / Video Appearances
A motion must be filed by 12:00 p.m. for its filing day to count toward the notice period.
The motion must be filed by 12:00 p.m. for the day of filing to be counted toward the notice requirement.
Page 17
A priority motion must be filed by 12:00 p.m. for its filing day to count toward the notice period.
The motion must be filed by 12:00 p.m. for the day of filing to be counted toward the notice requirement.
Page 17
A standard 7C:5 discovery motion must be filed no later than ten days before the scheduled trial or preliminary hearing.
The motion for standard 7C:5 discovery must be on the form specified by this Court and available to all parties, and be filed no later than ten (10) days before the scheduled trial and/or preliminary hearing date.
Page 18
The Commonwealth must provide the authorized discovery within ten days after the motion is filed and served on its attorney, or by the trial or preliminary hearing date, whichever comes first.
The Commonwealth must provide the discovery authorized by this Local Rule no later than ten (10) days after the filing of the motion and service on the attorney for the Commonwealth or on the date of trial and/or preliminary hearing, whichever comes first.
Page 18
An absent defendant in a jailable matter must submit the signed acknowledgment within ten days after the continuance motion is heard or granted, unless the Court waives or modifies the requirement.
If the Defendant is not present in court when a continuance motion is heard or granted in any matter involving the possibility of a jail sentence, then the Defendant is required to submit a signed written acknowledgment of the new court date to the Court within ten (10) days, unless such requirement is waived or modified by the Court.
Page 20 | 7. Continuances in Advance of Hearing Date
If an ex parte proof hearing is required, it must be set no more than 90 days from the original return date.
An ex parte proof hearing date, if required, shall be set not more than 90 days from the original return date.
Page 29 | APPENDIX B
A request to modify a payment agreement must be made before the agreement ends.
You must apply for a modification before the payment agreement ends.
Page 32 | Payment Agreement Policy, paragraph 8
The Clerk may decline and return filings that do not conform to state law or the Local Rules.
Filings that do not conform to requirements of state law or these Local Rules may be declined and returned to the filing party by the Clerk.
Page 7 | General Practice
Submitting a proposed consent order less than two business days before a scheduled hearing is strongly discouraged.
Submission of a proposed consent order less than two (2) business days prior to a scheduled hearing is strongly discouraged.
Page 9 | 9. Agreed Orders
Counsel is expected to advise the Court in writing of a substantially changed trial time estimate no less than ten days before the scheduled trial date.
If a party becomes aware of a substantial change in time estimate for trial after a matter is scheduled, it is expected that counsel of record will advise the Court of the amended good faith time estimate, in writing, no less than ten (10) days prior to the scheduled trial date.
Page 14 | PART B: CIVIL PRACTICE — Civil Return Dockets and Scheduling
Online case information should be updated within three business days of the docket call.
Online case information should be updated within thrce (3) business days of the docket call.
Page 29 | APPENDIX B
For Class 1 felonies, monthly statements of costs and fees may be submitted, with separate hourly rates for in-court and out-of-court time.
For Class 1 felonies, a statement of all costs and fees incurred for that month may be submitted every month at a rate of $150 per hour spent in court and $120 per hour out of court.
Page 31 | Appendix C
Service and Proof of Service Rules
Filings requiring a copy for the opposing party should certify that it was provided and state the transmission date and method.
e. All filings that require a copy to be provided to the opposing party should be so certified consistent with the VSCR that such a copy has been provided to opposing party, to include a statement of the date and method by which a copy has been transmitted to the opposing party.
Page 7 | General Practice
Unless exempted by statute, a copy of every motion must be provided to the opposing party when filed, subject to VSCR 1:12.
Unless exempted by statute, a copy of any motion filed with the Court is subject to VSCR 1:12, and must be provided to the opposing party at the time of filing.
Page 9 | 10. Motions, Generally
A party seeking reconsideration must provide the opposing party with a copy of the written motion.
Any party submitting a request for a reconsideration of a prior ruling must submit a written motion stating the reasons for his or her request for a hearing, with copy to the opposing party.
Page 10 | 12. Motions to Reconsider
The appearing party must promptly notify the opposing party in writing of the next court date and related deadlines, and certify that notice to the Court.
a. If only one party and/or counsel of record appears for a civil return and represents to the Court that, by agreement, the matter is to be scheduled or otherwise continued, then the appearing party and/or counsel of record is required to forthwith send written notice to the opposing party of the next court date and of any related deadlines ordered by the Court at the civil return hearing, and certify the same to the Court.
Page 14 | PART B: CIVIL PRACTICE — Civil Return Dockets and Scheduling
A party may docket a civil motion or other pretrial request by giving the Court and opposing party at least seven days’ advance written notice, subject to exceptions stated in the rules or by statute.
Civil motions or other pre-trial requests for court action in a civil case may be placed on the docket by a party providing at least seven (7) day advance written notice to both the Court and the opposing party, unless otherwise stated herein or by statute.
Page 15 | Civil Motions; Docketing of Pre/Post-trial Matters
After the discovery motion is filed with the Court and a copy is provided to the Commonwealth, the Commonwealth must permit the Accused to inspect, hear, copy, or photograph specified known evidence intended for use against the Accused.
Upon filing a motion for discovery with this Court and a copy to the Commonwealth, as provided in Virginia Supreme Court Rule 7C:5, the Commonwealth must provide counsel for the Accused the opportunity to hear, inspect and copy or photograph the following information or material when the existence of such is known or becomes known to the prosecuting attorney or representative of the Commonwealth and such material or information is to be offered in evidence against the Accused in this Court: i. any relevant written or recorded statements or confessions made by the Accused, or copies thereof and the substance of any oral statements and confessions made by the accused to any law enforcement officer; and ii. any criminal record of the Accused.
Page 18
The Clerk fills in only the trial date and sends the subpoena for service when the trial date is set.
the Clerk will fill in the trial date (only) and send out for service when the trial date is set.
Page 19 | 6. Scheduling of Trial & Witness Subpoenas
If an accident-related traffic infraction is contested or unresolved at the first appearance, witnesses must be subpoenaed for the second court date.
If the case is contested or is unable to be resolved on the first appearance, the case will be set for trial and witnesses need to be subpoenaed for that second court date.
Page 19 | 6. Scheduling of Trial & Witness Subpoenas
For accident-related traffic misdemeanors, witnesses must be subpoenaed for the second date unless an order says otherwise, including when the defendant was unrepresented on the first date.
If the case is not resolved, then a new date will be set for which witnesses are to be subpoenaed. ii. Defendants not represented by counsel on the first court date will be advised of their charges and right to counsel and given a new date to return to Court with an attorney. Regardless of counsel status at the first date, witnesses are to be subpoenaed for the second date (unless an order has been entered specifying otherwise).
Page 19 | 6. Scheduling of Trial & Witness Subpoenas
In criminal and traffic misdemeanors not involving accidents, witnesses must be subpoenaed for the next court date unless the Court specifies otherwise.
In either scenario, the witnesses must be subpoenaed for the next court date (unless otherwise specified by the Court).
Page 20 | 6. Scheduling of Trial & Witness Subpoenas
When a defendant is in custody at arraignment, the case is set for trial then and witnesses must be subpoenaed for the next scheduled court date unless the Court specifies otherwise.
In all cases in which the defendant is in custody when arraigned, the case will be set for trial when the defendant is arraigned, and witnesses are to be subpoenaed for that next scheduled court date (unless specified otherwise by the Court).
Page 20 | 6. Scheduling of Trial & Witness Subpoenas
DCC and VASAP must provide a compliance report to the listed recipients at least two business days before the hearing.
Both DCC and VASAP shall provide a compliance report to the Court, the defendant, defense counsel and the Commonwealth's Attorney no less than two (2) business days prior to this hearing.
Page 23 | Enhanced supervision policy
Electronic notice between parties, including email, is governed by the VSCR.
Any electronic notice (i.e., e-mail) between the parties is governed by the VSCR.
Page 10 | 10. Motions, Generally
Sending notice solely by U.S. mail two days before a 48-hour motion hearing or on the seventh day before a 7-day motion date does not satisfy the notice requirements.
For example, sending notice of a "48 hour" motion solely by U.S. mail two (2) days before the hearing date does not satisfy the notice requirements specified herein; nor does sending a "7 day" motion solely by U.S. mail on the seventh (7th) day before the requested or scheduled date.
Page 10 | 10. Motions, Generally
Notice of a bail or bond review motion should also go to local Pretrial Services and the bondsman if the defendant is supervised by Pretrial Services or counsel anticipates requesting GPS or Soberlink monitoring.
Notice of a bail or bond review motion should also be provided to the local Pretrial Services agency and bondsman when the defendant has already been placed under the supervision of Pretrial Services, or if either counsel anticipates requesting GPS or Soberlink monitoring.
Page 17
In accident-related traffic misdemeanors, witnesses are not subpoenaed for the first court date when the defendant has counsel.
Defendants with counsel on the first court date will have an opportunity to discuss and/or resolve their case with the Commonwealth; witnesses will not be subpoenaed for that first date.
Page 19 | 6. Scheduling of Trial & Witness Subpoenas
For a traffic infraction involving an accident, witnesses need not be subpoenaed for the defendant’s first court appearance.
Where a traffic infraction case involves an accident, witnesses do not need to be subpoenaed for the defendant's first appearance in Court.
Page 19 | 6. Scheduling of Trial & Witness Subpoenas
For criminal and traffic misdemeanors not involving accidents, witnesses need not be subpoenaed for the defendant’s first scheduled court date, whether or not the defendant has counsel.
Witnesses are not required to be subpoenaed for the defendant's first scheduled court date, whether or not the defendant appears with counsel.
Page 20 | 6. Scheduling of Trial & Witness Subpoenas
A copy of any filing should be provided to the Commonwealth as required by VSCR 1:12.
A copy of any filing(s) should be provided to the Commonwealth as required under VSCR 1:12.
Page 24 | 11. Requests related to Restricted Driving Privileges
Filing Fees and Waivers
Copy requests made through the Clerk must be paid for before pickup or mailing, and mailed-copy requests require advance payment.
Requests for copies of any court document made through the Clerk (other than documents printed from the public access computer terminals as referenced in LR A:2(a) above) must be submitted in writing and paid for prior to pick up or mail out. Any individual or party requesting a copy of an order or other court document to be sent to them by mail must include a return self-addressed stamped envelope and provide payment for the copies in advance; otherwise the copies will not be provided.
Page 6 | 3. Copies
Fines, court costs, and civil penalties imposed upon conviction in a traffic, criminal, or related matter are due on the judgment date.
All fines, court costs or civil penalties imposed by the Court upon conviction in a traffic, criminal or related matter are due and payable on the date of judgment.
Page 25
A one-time $10 fee is required for any payment agreement.
For any payment agreement, you pay a one-time fee of $10.00.
Criminal cases
Page 1 | Payment Agreement Fee
Do not send cash by mail.
Do not send cash by mail.
Criminal cases
Page 2 | Methods of Payment
Each debit or credit card payment incurs a 4% convenience fee.
If you use a debit or credit card, a 4% convenience fee is added to each payment.
Criminal cases
Page 2 | Methods of Payment
A person whose sole financial resource is Social Security or SSI is exempt from payment and referral to collections while that remains their sole resource, and may request the exemption at the Clerk's Office.
However, a person who owes fines and court costs, and whose sole financial resource is a Social Security (S.S.) benefit or Supplementary Security Income (S.S.I.) is exempt from payment or having their case referred to collections during the time that their sole financial resource is S.S. or S.S.I. Persons who believe they qualify for this exemption may request it at the Clerk's Office.
Page 7 | 5. Fee waivers
Court-appointed fees are assessed at disposition and may be waived or reduced if the request is approved when the timesheet is submitted through EVPS.
Pursuant to the Court's Order dated April 29, 2022, as amended, (Appendix C), the Court will assess court appointed fees at the time of disposition. If a waiver or lower amount is requested and approved when the time sheet is submitted through EVPS, the fees will be adjusted accordingly.
Page 24 | 12. Court Appointed Counsel
Fines, court costs, and civil penalties may be paid in person, by mailed check, or online, and processing fees may depend on the payment method.
All pre- or post-judgment payment of fines, court costs or civil penalties may be made in-person, by mailed check, or online via the Virginia Judicial System Case Information website (access via www.vacourts.gov). Certain processing fees may apply based on form of payment.
Page 25
Pre-payment is prohibited on the date of the scheduled hearing.
Pre-payment is not permitted on the date of the scheduled court hearing.
Page 25
A written payment agreement is required when a party needs more than 90 days to pay.
This Court does not require a written payment agreement unless a party needs more than ninety (90) days to pay.
Page 25
Interest will not begin to accrue until a payment is 180 days past due.
Interest will not begin to accrue until 180 days past due.
Page 25
Pre-payment constitutes an admission of guilt.
Pre-payment constitutes an admission of guilt.
Page 25
The fee for the listed misdemeanor, probation-violation, and certified-felony cases is $120.
$120 for misdemcanor cases, probation violations (only one fee regardless of the number of violations charged,) and felony cases certified to the Circuit Court.
Page 31 | Appendix C — Private Counsel
Court-appointed fees are adjusted if a requested waiver is approved or a lower amount is assessed.
When the time sheet is submitted through EVPS, if a waiver is requested and approved or if a lower amount is to be assessed, the fees will be adjusted accordingly.
Page 31 | Appendix C
Class 1 felony fees for time spent in court are billed at $150 per hour.
For Class 1 felonies, a statement of all costs and fees incurred for that month may be submitted every month at a rate of $150 per hour spent in court and $120 per hour out of court.
Page 31 | Appendix C
The fee is $1,235 for the specified felony cases, excluding Class 1 felonies.
$1,235 for felony cascs resolved in the General District Court that are punishable by more than 20 years. (I'his docs not include Class 1 felonies.)
Page 31 | Appendix C — Private Counsel
The fee is $445 for felony cases resolved in the General District Court that are punishable by less than 20 years.
$445 for felony cases resolved in the General District Court that are punishable by less than twenty (20) years.
Page 31 | Appendix C — Private Counsel
Fees are billed at $90 per hour and must be recorded in increments no greater than 0.10 hour.
Fees shall be billed at $90 per hour and recorded in increments of not greater than .10 hour (six (6) minutes).
Page 31 | Appendix C
The Court assesses court-appointed counsel fees at disposition in cases involving appointed counsel for an indigent defendant.
For cases in which the Public Defender or any other counsel are appointed to represent an indigent defendant, the Court will assess court-appointed counsel fees at the time of disposition.
Page 31 | Appendix C
Each payment agreement carries a one-time fee of $10.
For any payment agreement, you pay a one-time fee of $10.00.
Page 32 | Payment Agreement Policy, paragraph 5
Cash must not be sent by mail.
Do not send cash by mail.
Page 33 | 11. Methods of Payment
A 4% convenience fee is added to each payment made by debit or credit card.
If you use a debit or credit card, a 4% convenience fee is added to each payment.
Page 33 | 11. Methods of Payment
The Court accepts cash, personal checks, money orders, and the specified debit and credit cards as payment.
The Court accepts cash, personal checks, money orders and MasterCard, Discover and VISA debit and credit cards.
Criminal cases
Page 2 | Methods of Payment
Low-income persons, including those receiving public assistance, may petition to waive certain filing fees or costs, but not criminal or traffic fines or court costs.
d. Fee waivers: Low-income persons, including persons receiving public assistance, may petition the Court to have certain filing fees or costs waived. See OES Form CC-1414. Note: this fee waiver provision does not apply to fines or court costs imposed in criminal or traffic matters.
Page 7 | General Practice
5. Fee waivers. Low-income persons, including persons receiving public assistance, may petition the Court to have certain filing fees or costs waived. Fines and court costs associated with criminal and traftic matters cannot be waived.
5. Fee waivers. Low-income persons, including persons receiving public assistance, may petition the Court to have certain filing fees or costs waived. Fines and court costs associated with criminal and traftic matters cannot be waived.
Page 7 | 5. Fee waivers
A party unable to pay ordered fines, court costs, or civil penalties on the judgment date may request a payment agreement.
A party unable to pay any ordered fines, court costs or civil penalties on the date of judgment may request a payment agreement.
Page 25
The Court accepts cash, personal checks, money orders, and the listed debit and credit cards as payment.
The Court accepts cash, personal checks, money orders and MasterCard, Discover and VISA debit and credit cards.
Page 33 | 11. Methods of Payment
Pre-Motion Conference Requirements
The parties may waive the advance-notice requirement for bail/bond motions only with the Court’s consent.
The advance notice requirement for bail/bond motions referenced above may not be waived by the parties except with the consent of the Court.
Page 17
providing at least two (2) business days (a/k/a "48 hours") advance written notice to both the Court and the opposing party, unless otherwise stated herein or by statute.
providing at least two (2) business days (a/k/a "48 hours") advance written notice to both the Court and the opposing party, unless otherwise stated herein or by statute.
Page 17
Bail/bond, withdrawal-as-counsel, and competency-or-sanity-evaluation motions may be placed on the docket with at least one business day’s advance written notice to the Court and opposing party, subject to stated or statutory exceptions.
b. Priority Motions ("24-hour"): The priority motions listed in this sub-section may be placed on the docket by a party providing at least one (1) business day (a/k/a, "24 hour") advance written notice to both the Court and the opposing party, unless otherwise stated herein or by statute, to-wit: i. Motion for Bail/Bond ii. Motion to Withdraw as Counsel iii. Motion for Competency or Sanity Evaluation
Page 17
An oral request to schedule a bail or bond review hearing will be considered only if the opposing party consents.
Further, oral requests to schedule a bail or bond review hearing will only be considered with the consent of the opposing party.
Page 17
A non-standard discovery motion must be docketed for hearing as a two-day (48-hour) motion.
A non-standard discovery motion must be docketed for hearing as a two (2) day (48 hour) motion.
Page 18
If counsel in good faith expects a matter to take more than ten minutes total, counsel should tell the Court at the outset, and the Court may reschedule it.
If counsel believes in good faith that the matter will take more than ten (10) minutes (total), then counsel should advise the Court at the outset, and the Court reserves the right to reschedule the motion for an alternate docket time or date.
Page 17
A suppression motion filed before trial is presumed to be heard at the trial’s designated date and time unless the Court schedules or orders otherwise.
The Court will presume that any suppression motion filed in advance of the trial date will be heard on the date and time designated for trial, unless otherwise scheduled or ordered by the Court.
Page 18
If a party wishes to schedule a suppression motion or other pre-trial evidentiary motion for a hearing in advance of trial, and the motion is expected in good faith to take more than ten (10) minutes, then such motion should be placed on the motions docket for scheduling, and then set specially.
If a party wishes to schedule a suppression motion or other pre-trial evidentiary motion for a hearing in advance of trial, and the motion is expected in good faith to take more than ten (10) minutes, then such motion should be placed on the motions docket for scheduling, and then set specially.
Page 18
A standard 7C:5 discovery request does not require a docketed motion.
A standard 7C:5 discovery request does not require a docketed motion, and shall be accomplished as follows:
Page 18
Adjournment & Extension Requirements
A written request for a continuance must be made by an appropriate pleading or filing, such as a Praecipe, Notice, Motion, or Order consistent with the VSCR.
For example, counsel making a written request for a non-administrative action such as a continuance, rescheduling, dismissal or nonsuit, must do so by an appropriate pleading or filing, such as a Praecipe, Notice, Motion, or Order consistent with the VSCR.
Page 7 | General Practice
A trial continuance is strongly discouraged and will rarely be granted absent compelling reasons or another provision stated in the rules.
A continuance of a matter scheduled for trial is strongly discouraged and will rarely be granted except for compelling reasons, or as otherwise stated herein.
Page 10 | 11. Trials
Parties are limited to two civil return docket continuances for potential settlement discussions before trial is scheduled, absent good cause.
c. Parties are limited to two (2) continuances on the civil return docket for potential settlement discussions (prior to scheduling of trial), absent good cause shown.
Page 14 | PART B: CIVIL PRACTICE — Civil Return Dockets and Scheduling
Continuance requests for court dates after the first appearance must be made in court by docketed motion.
Subsequent Continuance Requests: Continuance requests for all court dates after the first court appearance date must be made in court by docketed motion.
Page 17 | Subsequent Continuance Requests
A continuance request in any felony matter must be made in court by docketed motion.
A continuance request for any felony matter must be made in court by docketed motion.
Page 20 | 7. Continuances in Advance of Hearing Date
Up until ten (10) days before the first scheduled court date, a misdemeanor or traffic infraction matter may be continued by counsel of record or non-attorney, by agreed order with the Commonwealth, without the need for the motion to be docketed (see LR A:6).
Up until ten (10) days before the first scheduled court date, a misdemeanor or traffic infraction matter may be continued by counsel of record or non-attorney, by agreed order with the Commonwealth, without the need for the motion to be docketed (see LR A:6).
Page 20 | 7. Continuances in Advance of Hearing Date
Up until ten (10) days before the first scheduled traffic court date, traffic infractions (only) may be continued by a defendant, through the Clerk's Office by phone or at the Clerk's Office window. Agreement of the Commonwealth is not required. This process may only be used for the first continuance for traffic infractions, and the case will only be continued to the officer's next scheduled court date. Any subsequent continuance requests must be docketed.
Up until ten (10) days before the first scheduled traffic court date, traffic infractions (only) may be continued by a defendant, through the Clerk's Office by phone or at the Clerk's Office window. Agreement of the Commonwealth is not required. This process may only be used for the first continuance for traffic infractions, and the case will only be continued to the officer's next scheduled court date. Any subsequent continuance requests must be docketed.
Page 20 | 7. Continuances in Advance of Hearing Date
At a first civil return, the Court generally grants either party one requested continuance to pursue settlement or prepare before trial scheduling, subject to stated exceptions and the Court’s discretion to order pleadings.
b. At a first civil return, the Court will generally grant either party, upon request, one (1) continuance on a return docket to pursue settlement or otherwise prepare the case before a trial date is scheduled. In such event, the Court reserves the right to order pleadings even if the matter is not yet scheduled for tria., in its discretion. This policy does not apply to landlord-tenant matters, or other civil matters granted priority on the docket by statute, absent consent of the parties.
Page 14 | PART B: CIVIL PRACTICE — Civil Return Dockets and Scheduling
Proposed continuance orders for matters already set for trial are strongly discouraged unless good cause is shown.
Proposed continuance orders of a matter already scheduled for trial is strongly discouraged, absent good cause shown.
Page 15 | Civil Motions; Docketing of Pre/Post-trial Matters
Once a case is set for trial and witnesses are subpoenaed, continuances are discouraged and will be granted only for good cause shown.
Once a case is set for trial status and witnesses are subpoenaed, continuances are discouraged and will only be granted for good cause shown. See VSCR 7A:14.
Page 17 | Continuances
If the agreement is unsuccessful, a party may request a continuance under the procedures in paragraphs c and d.
If unsuccessful, then a party may request a continuance as outlined in paragraphs c and d above.
Page 17 | Continuances
Continuances are strongly discouraged after a DUI blood-sample case is scheduled for trial on its designated evidence date.
Once such a case has been scheduled by the Court for trial on designated blood sample evidence designated trial date, continuances are strongly discouraged.
Page 18 | 10. Driving Under the Influence Cases
A party is encouraged to contact the toll road authority during the two weeks before the court date to try to resolve the case or request a continuance.
There is a two-week window prior to the court date that a party is encouraged to speak to the toll road authority to try to resolve their case or request a continuance with the authority.
Page 20 | 7. Continuances in Advance of Hearing Date
If the plaintiff/creditor is not prepared for trial on the assigned contested trial date and the defendant/deotor appears and is ready for trial, the Court may: a. Dismiss the claim with or without prejudice; b. Take other action such as continuing the case at the request of either party, upon good cause shown; or c. Enter such orders) as justice requires, including potentially awarding costs to the defendant/debtor.
If the plaintiff/creditor is not prepared for trial on the assigned contested trial date and the defendant/deotor appears and is ready for trial, the Court may: a. Dismiss the claim with or without prejudice; b. Take other action such as continuing the case at the request of either party, upon good cause shown; or c. Enter such orders) as justice requires, including potentially awarding costs to the defendant/debtor.
Page 30 | APPENDIX B
If neither party appears or neither party is ready for trial, the Court may continue the case.
If neither the plaintiff nor the defcndant appear on the assigned trial date or both parties appear and neither is ready to procced to trial, the Court may: a. Dismiss the claim without prejudice; or b. Take other action such as continuing the case; or c. Enter such order(s) as justice requires.
Page 30 | APPENDIX B
When the defendant is absent or unready and the plaintiff is ready, the plaintiff may request a continuance, which the Court may grant upon good cause shown.
If the defendant/debtor either fails to appear or is not ready to proceed to trial on the assigned trial date, but the plaintiff/creditor docs appear and is ready for trial, the Court may: a. Grant judgment by default if defendant does not appear pursuant to the Court's procedure as outlined herein; or b. Take such other action such as continuing the case at the request of the plaintiff/creditor, upon good cause shown; or c. Enter such order (s) as justice requircs, including potentially awarding costs to the plaintiff/creditor.
Page 30 | APPENDIX B
Continuances are granted in accordance with the Local Rules and Procedures.
Continuances granted in accordance with Local Rules and Procedures.
Page 1 | Continuance Policy
Chambers Communication Rules
The Court will not consider substantive ex parte communications from a party.
Any ex parte communication with the Court by a party that is substantive in nature will not be considered by the Court.
Page 7 | General Practice
The Court will not recognize a request for non-administrative action made solely by email, letter, or another informal written communication.
Requests for non-administrative court actions will not be recognized if made solely by means of an e-mail, letter or other informal written communication to the Court.
Page 7 | General Practice
If default judgment is not found appropriate, the requesting party must check the case-status website or call the Clerk's Office to learn whether the case was reset and to review posted issues; no notice will be sent.
The burden rests with the requesting party to check the case status information available on the Virginia Judicial System case information website (or in the alternative, call the Clerk's Office) to see if the case has been reset for another date and the comments posted regarding any potential defective issues or lacking evidence. No notice will be sent to the requesting party.
Page 15 | Default Judgment
Counsel seeking the defendant’s in-person presence at a bail or bond hearing must request it through the Clerk at least 24 hours beforehand, by email to the listed addresses or by filing a written request at the Clerk’s Office.
If counsel of record desires the in-person presence of the defendant, a request for the same must be made via the Clerk no less than 24 hours prior to the bail or bond hearing. Such a request should be made via email to caclark@vacourts.gov and nisom@vacourts.gov or a written request may be filed at the Clerk's Office.
Page 17
A proceeding may not be recorded without the presiding judge's knowledge and consent.
No recording of a proceeding in the Court may occur without the knowledge and consent of the presiding judge.
Page 18 | Courtroom recording system
Counsel may use the courtroom recording system if available, but must provide their own media and notify the courtroom clerk before the hearing begins.
Counsel are free to make use of the courtroom recording system, if available, for the audio recording of a hearing. However, counsel must provide their own media (e.g., CD, DVR, DVRW, etc.) and notify the courtroom clerk prior to commencement of the hearing.
Page 18 | Courtroom recording system
You must promptly inform the Court of any address change while a payment agreement is in effect.
You must inform the Court promptly of any change of address during the term of any payment agreement.
Page 33 | 10. Change of Address
You must promptly inform the Court of any address change while a payment agreement is in effect.
You must inform the Court promptly of any change of address during the term of any payment agreement.
Criminal cases
Page 2 | Change of Address
Submitting parties must check with the Clerk's office to learn how the proposed order was addressed.
Responsibility rests on the submitting parties to check back with the Clerk's office to determine if the proposed order has been granted, denied or addressed in another manner.
Page 9 | 9. Agreed Orders
As a best practice, the party or counsel should notify the Clerk in writing as soon as possible and at least 10 days before a hearing, then check for confirmation 3 business days after requesting an interpreter.
It is a best practice for the party or counsel of record to notify the Clerk's Office of a language interpretation need in writing as soon as possible, and in no event less than ten (10) days prior to a hearing; and further to check with the Clerk for confirmation three (3) business days after the request is made.
Page 11 | 14. Language Services
Any special accommodation requests should be made through the Clerk's Office no less than ten (10) days prior to a hearing; and further the requestor is to check with the Clerk for confirmation three (3) business days after the request is made.
Any special accommodation requests should be made through the Clerk's Office no less than ten (10) days prior to a hearing; and further the requestor is to check with the Clerk for confirmation three (3) business days after the request is made.
Page 12 | 15. Americans with Disabilities Act Accommodations
A defendant may contact the Clerk’s Office by phone to request a first continuance of a traffic infraction, or make the request at the Clerk’s Office window.
Up until ten (10) days before the first scheduled traffic court date, traffic infractions (only) may be continued by a defendant, through the Clerk's Office by phone or at the Clerk's Office window.
Page 20 | 7. Continuances in Advance of Hearing Date
The Clerk will not notify counsel or the parties of the Court’s PDR decision; the parties must check the online Virginia Judicial System Case Information website for the case’s status or scheduling.
The Clerk will not contact counsch or the parties to notify counsel or the parties of the Court's PDR decision; rather, the responsibility rests with the parties to verify the status or scheduling of case via the online Virginia Judicial System Case Information website (www.courts.state.va.us).
Page 29 | APPENDIX B
A written request to the Clerk for an administrative act or duty may be made by letter or equivalent communication.
f. Any written request to the Clerk for performance of an administrative act or duty may be made by letter or the equivalent communication.
Page 7 | General Practice
Parties are encouraged to consult the Clerk's Office about filing requirements, fees, or process requests before filing.
c. Parties are encouraged to consult with the Clerk's Office regarding filing requirements, fees or other process related requests prior to filing.
Page 7 | General Practice
If a case is active in the court, counsel may ask the Clerk's Office to arrange an in-person or telephonic interpreter for a proceeding related to that case.
Counsel may contact the Clerk's Office to request the use of an in person or telephonic interpreter if there is an active case pending in the court. Any such use must be related to the case in question.
Page 11 | 14. Language Services
Parties are encouraged to consult the Clerk about available potential hearing dates.
Parties are encouraged to consult with the Clerk about the availability of potential hearing dates.
Page 15 | Civil Motions; Docketing of Pre/Post-trial Matters
The presiding judge may permit alternative recording methods upon request.
Upon request, alternative recording methods may be permitted, in the discretion of the presiding judge.
Page 18 | Courtroom recording system