Loudoun General District Court, Virginia Service and Proof of Service Rules

CRITICAL

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.

CRITICAL

Deadline

2 business days

Applies to

Compliance report

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.

CRITICAL

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.

CRITICAL

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).

CRITICAL

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.

CRITICAL

Applies to

Motion

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.

CRITICAL

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.

CRITICAL

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.

CRITICAL

Applies to

Reconsideration motion

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.

CRITICAL

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.

CRITICAL

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).

CRITICAL

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).

WARNING

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.

WARNING

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.

WARNING

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.

WARNING

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.

WARNING

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.

WARNING

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.

WARNING

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.