Loudoun General District Court, Virginia Adjournment & Extension Requirements

CRITICAL

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.

CRITICAL

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.

CRITICAL

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.

CRITICAL

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.

CRITICAL

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.

CRITICAL

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).

CRITICAL

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.

WARNING

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.

WARNING

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.

WARNING

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.

WARNING

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.

WARNING

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.

WARNING

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.

WARNING

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.

WARNING

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.

WARNING

Continuances are granted in accordance with the Local Rules and Procedures.

Continuances granted in accordance with Local Rules and Procedures.

WARNING

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.