Loudoun General District Court, Virginia Document Filing Requirements

CRITICAL

Applies to

Reconsideration motion

A party seeking reconsideration of a prior ruling must submit a written motion stating the reasons for requesting a hearing and provide a copy to the opposing party.

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.

CRITICAL

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.

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.)

CRITICAL

Applies to

Non administrative court request

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.

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.

CRITICAL

Applies to

Credit card statement

For a credit-card claim, the plaintiff must also produce at least one statement showing the defendant’s actual use of the card.

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.

CRITICAL

Applies to

Court appointed counsel allowance form

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.

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.

CRITICAL

Applies to

Claim

A secondary consumer debt purchase claim must be filed in the current creditor’s name as assignee of the original creditor.

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.

CRITICAL

Applies to

Standard 7c 5 discovery motion

A standard 7C:5 discovery motion must use the Court-specified form available to all parties and be filed at least 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.

CRITICAL

Applies to

Emergency filing

Certification requirements under VSCR 1:12 continue to apply to emergency filings unless a statute provides an exemption.

Any certification requirements pursuant to VSCR 1:12 continue to apply, unless exempted by statute.

CRITICAL

Applies to

Agreed continuance order

An agreed continuance order must state whether witnesses are to be subpoenaed for the new date; otherwise, the Court may reject the order or designate the matter for trial with witnesses necessary.

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.

CRITICAL

Applies to

Class 1 felony costs and fees request

A request for Class 1 felony costs and fees must include Form DC-334.

Form DC-334 must also be attached to the request.

CRITICAL

Applies to

Warrant in debt

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.

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.

CRITICAL

The plaintiff must submit documents showing the current amount owed, broken down by principal at default, interest, fees, and other charges.

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.

CRITICAL

Applies to

Restricted driving privilege request

A post-conviction restricted-driving-privilege request, modification, or motion must include the listed DMV, VASAP/DCC, and applicable custody or visitation documents.

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)

CRITICAL

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.

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.

CRITICALCriminal cases

Applies to

Time to pay agreement

When the Fine Option Plan is approved, you must sign a Time to Pay Agreement, Form DC-210.

At the time of approval of the Fine Option Plan, you shall sign a Time to Pay Agreement (Form DC-210).

CRITICAL

Applies to

Standard plea agreement form

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.

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.

CRITICAL

If compound interest is claimed based on federal preemption or exportation of home-state law, the preemption must be documented for the Court.

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.

CRITICAL

Applies to

Plea agreement related documents

Plea-agreement-related documents must be submitted to the bailiff or courtroom clerk, who will make the case file available to the Court after the required paperwork is submitted.

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.

CRITICAL

For cases charged under a local ordinance, Form DC-40 must be completed on paper and submitted to the Clerk of Court for approval.

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.

CRITICAL

Applies to

Attorney fee request

A civil attorney-fee request must be supported by evidence, including a proper fee affidavit and, if appropriate, an accompanying statement or itemization of time and costs.

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.

CRITICAL

Applies to

Community service application motion

An applicant seeking to perform community service must submit a motion to the Court.

To apply to perform community service, you must submit a motion to the Court.

CRITICAL

Applies to

Pleading

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.

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.

CRITICAL

Applies to

Consent order

A proposed consent order must be endorsed by all parties.

A proposed consent order must be properly endorsed by all parties.

CRITICAL

Applies to

Motion to waive court appearance dc 344

A fully endorsed DC-344 Motion to Waive Court Appearance must be submitted before the initial hearing, and a judge must approve the request.

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.

CRITICAL

Applies to

Felony warrant

When the Commonwealth amends or modifies a felony charge, the Commonwealth Attorney must update the felony warrant with the applicable code section, VCC code, and offense summary.

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.

CRITICAL

Applies to

Restricted driving privilege request

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.

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.

CRITICAL

Applies to

Attorney fee request

A contractual request for attorney’s fees must be supported by the original signed contract or a lost-document affidavit with a copy of the signed contract attached.

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.

CRITICAL

Applies to

Agreed order

Proposed agreed orders must comply with the VSCR.

Proposed agreed orders must be compliant with the VSCR;

CRITICAL

Applies to

Attorney fee evidence

For attorney fees requested as part of default or summary judgment, the affidavit and related evidence must be presented when judgment is requested.

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.

CRITICAL

Applies to

Affidavit

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.

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;

CRITICAL

Applies to

Witness subpoena

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.

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.

CRITICALCriminal cases

Applies to

Motion

An application to perform community service must be submitted to the Court by motion.

To apply to perform community service, you must submit a motion to the Court.

CRITICAL

Applies to

Lost document affidavit

If the original document cannot be located, a lost document affidavit must be submitted.

If the original document cannot be located, a lost document affidavit shall be submitted. (Va. Code § 8.01-32)

CRITICAL

Applies to

Open account records

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.

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.

CRITICAL

Applies to

Affidavit

An affidavit used to request judgment must contain sufficient factual allegations; the required allegations continue beyond this excerpt.

If judgment is requested on the affidavit, then, the affidavit must contain sufficient allegations of fact to:

CRITICAL

Applies to

Attorney fee evidence

At trial, the fee affidavit and other relevant fee evidence must be presented as part of the case in chief unless the presiding judge specifically directs otherwise.

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.

CRITICAL

Applies to

Copy request

Copy requests made through the Clerk must be in writing; requests for mailed copies must include a return self-addressed stamped envelope.

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.

CRITICAL

Applies to

Written consent to remote appearance

Consent of all parties for the specified remote appearances must be in writing; court forms are available to record it.

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.

CRITICAL

Applies to

Judgment request

A plaintiff requesting judgment must submit the case for entry of judgment with all documentary evidence required by the Court’s Best Practices Guidelines attached.

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.

CRITICAL

Applies to

Motion

A motion will not be docketed for hearing unless a hearing is specifically requested and proper notice is given to the other party.

Motions will not be docketed for hearing unless specifically requested with proper notice given to the other party.

CRITICAL

Remote appearances in civil matters are permitted only when authorized by statute or by order of the Virginia Supreme Court.

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.

CRITICAL

Applies to

Restricted driving privilege request

A restricted-driving-privilege request based on an out-of-state conviction or suspension must be docketed for a hearing.

Note: Any request for restricted driving privileges based on an out of state conviction or suspension must be docketed for hearing.

CRITICAL

Applies to

Signed written acknowledgment of new court date

For a jailable matter, a defendant absent when a continuance motion is heard or granted must submit a signed written acknowledgment of the new court date within ten days, 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.

WARNING

Applies to

Restricted driving privilege request

Restricted-driving-privilege requests may be submitted administratively through the Clerk's Office to judicial chambers, with the requested court action clearly stated in writing.

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.

WARNING

Applies to

Affidavit

d. The affidavit should be signed by an authorized individual who is plaintiff/agent of plaintiff, other than plaintiff's counsel. (Sce LEO 1849)

d. The affidavit should be signed by an authorized individual who is plaintiff/agent of plaintiff, other than plaintiff's counsel. (Sce LEO 1849)

WARNING

Applies to

Payment agreement modification request

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.

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.

WARNING

Applies to

Amended trial time estimate

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.

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.

WARNING

Applies to

Petition for preliminary protective order or unlawful ouster exclusion

Petitions for a Preliminary Protective Order and for Unlawful Ouster/Exclusion automatically follow the emergency filing procedure without needing an emergency label.

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.

WARNING

Applies to

Dc 40 allowance form

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)).

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)).

WARNING

Applies to

Witness subpoena

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.

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.