Loudoun Juvenile & Domestic Relations Court, Virginia
Court-Level Rules, Filing Procedures & Policies
- Rules last changed:
Adjournments
- Continuances require 24 hours’ notice and must be granted by a judge in accordance with Local Rules and Procedures.
- A motion to continue in a civil case requires at least seven days' advance written notice to the Court and opposing party, subject to exceptions stated in the rules or by statute.
Document Format Requirements1 rule
All copy requests must be submitted in writing
Document Filing Requirements26 rules
the defendant will sign a DC-210 agreement
A defendant seeking additional time to pay outside sentencing must complete a financial form at the Clerk’s Office and file a motion; the Clerk dockets the request on an 8:30 a.m. docket for judicial consideration.
Court's wording
If a defendant wishes to request additional time to pay his/her court costs/fines/restitution at a time other than at his/her sentencing hearing the defendant must fill out a financial form at the Clerk's Office and a motion requesting additional time to pay. The Clerk will docket the Defendant's request on an 8:30 a.m. docket to be considered by a Judge.
The Court requires a written notice of appearance or pleading for all matters criminal and civil.
When an attorney or law firm has already entered an appearance as counsel of record on behalf of a party, or if counsel has already been appointed for a party, the Court will not recognize or act upon a filing by a different attorney or law firm unless that attorney also files a Notice of Appearance as co-counsel OR a properly executed Order of Substitution of Counsel has been entered by the court.
This also means that any counsel of record remains counsel of record, with all related duties and obligations, unless and until an order of substitution is entered by the Court or counsel is otherwise granted leave to withdraw.
You must notice/praecipe your motion for the correct Judges' courtroom.
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".
Counsel/Pro se litigants shall prepare and bring a proposed order to court.
Must include
- •Proposed order
Emergency Motions for custody and visitation, or to modify an existing custody and visitation order must identify an imminent danger to the child's life or safety.
All petitions must include all identifying information of the parties and, most importantly, current addresses. This will ensure proper service of the parties.
Each CHILD is assigned a separate juvenile base case number; therefore, a separate petition must be filed for each child. Each matter (i.e., custody and visitation) is assigned a separate sub-number, requiring that you file separate petitions for custody and for visitation for each child.
All petitions for Custody or Visitation must include the UCCJEA Affidavit, (Form DC-620) or incorporate the affidavit language within the pleading. If the affidavit language is incorporated into the pleading, then the pleading must be sworn to by the petitioner.
Each filing requires one copy for the file and one for each party needing to be served plus a date stamped copy. If you do not provide enough copies at the time of filing, your filing will be rejected
Petitions are filed In Re: child's name and not Petitioner versus Respondent.
Parties are required to submit the certificate of completion of the class to the court for verification.
A separate original motion MUST be filed for custody and visitation with additional service copies.
If a custody change changes who pays and receives support, the recipient must file a new petition in addition to a motion to modify support.
Court's wording
If you have a change of custody which will result in a change of who will be paying the support and who will be receiving support, you MUST file a NEW petition on behalf of the person receiving the support IN ADDITION to a motion to modify support.
The child(ren)'s name(s) is/are not included in the style of the case.
All motions to modify must include all identifying information of the parties and most importantly current addresses.
Counsel and pro se parties must include a written disclosure in pleadings, filings, and discovery requests or responses identifying any AI program used in drafting; research-only use of AI embedded in LexisNexis or Westlaw need not be disclosed unless it helped draft the document.
- Document
- Pleading filing discovery request response
Must include
- •AI disclosure
Court's wording
Effective immediately, in all pleadings, filings, and discovery requests/responses, counsel and pro se parties alike must disclose if any AI (artificial intelligence) program was used in the drafting of such pleading/filing/discovery request/response, and if so, which program was used. Such disclosure shall be in writing and shall be included in the pleadings, filings, and discovery requests/responses. The use of Al tools embedded or included within legal research tools such as LexisNexis and Westlaw for legal research alone does not need to be disclosed unless the tool helped to draft the pleading. If an Al tool was used both for research and for drafting, it must be disclosed.
If AI was used in drafting, the signer must certify that they personally reviewed the document completely for accuracy and appropriateness.
Court's wording
From such disclosure, it should be clear to the Court and to any other parties in the matter whether Al was used in the drafting and if so, it MUST be certified that the person who signed the pleading/filing/discovery request/response has personally reviewed it completely for accuracy and appropriateness.
If there are any other known conflicts, please include that information in your motion to withdraw.
They are filed in the names of the parents and are indexed under the name of the respondent/payor.
Whenever and wherever possible, you should attach a copy of the original order.
Additionally, in the motion to amend, you should state what the latest order of the court says, what you wish to amend, and the reason(s) why you wish to amend the order.
You do not, however, need to file a new petition.
Filing & Service rules
Filing Timing and Cure Windows
Any filing submitted after 4:00 p.m. is not deemed filed or received until 8:00 a.m. the following business day.
Any filing submitted after 4:00 p.m. is not deemed filed or received until 8:00 a.m. the following business day.
Page 3 | A. CLERK'S OFFICE
A criminal motion must be filed by 12:00 p.m. for its filing day to count toward the notice requirement.
The motion must be filed by 12:00 p.m. for the day of filing to be counted toward the notice requirement.
Page 5 | B. CRIMINAL MOTIONS
A petition filing with insufficient copies at the time of filing will be rejected.
If you do not provide enough copies at the time of filing, your filing will be rejected
Page 6 | PART II: CIVIL PRACTICE — A. CUSTODY/VISITATION INITIAL PETITIONS
The Clerk receives emergency-labeled filings without docketing them and promptly brings them to an available judge, who assesses emergency status and possible exemption or priority treatment from the filing itself.
Any filing labeled or identified as an Emergency will be received by the Clerk but not docketed, and it will 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.
Page 6 | D. EMERGENCY MOTIONS
Motion to Withdraw for Court Appointed Counsel: If the court appoints counsel in either a criminal matter, child delinquency matter, child dependency matter (Abuse and Neglect/Child in Need of Services), a child support matter, or a Rule to Show Cause that creates a conflict due to a prior representation, a motion to withdraw should be filed as soon as the conflict is known and set for the next motions date at 9:00 a.m..
Motion to Withdraw for Court Appointed Counsel: If the court appoints counsel in either a criminal matter, child delinquency matter, child dependency matter (Abuse and Neglect/Child in Need of Services), a child support matter, or a Rule to Show Cause that creates a conflict due to a prior representation, a motion to withdraw should be filed as soon as the conflict is known and set for the next motions date at 9:00 a.m..
Page 5 | PART II: MOTIONS PRACTICE - APPLICABLE TO ALL PROCEEDINGS
Service and Proof of Service Rules
A party may seek placement of a criminal motion on the next business day's docket by giving advance written notice to the Court and opposing party, subject to stated or statutory exceptions.
Motions may be placed on the next business day's docket by a party providing advance written notice to both the Court and the opposing party, unless otherwise stated herein or by statute.
Page 5 | B. CRIMINAL MOTIONS
Civil motions, including motions to continue, require at least seven days' advance written notice to the Court and opposing party, unless another rule or statute provides otherwise.
Civil motions (including motions to continue) require at least seven (7) days advance written notice to both the Court and the opposing party, unless otherwise stated herein or by statute.
Page 5 | C. CIVIL MOTIONS
Unless a statute provides an exemption, a copy of each motion must be provided to the opposing party when the motion is 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 5 | PART II: MOTIONS PRACTICE - APPLICABLE TO ALL PROCEEDINGS
Filing Fees and Waivers
When a defendant owes both restitution and court costs or fines, partial payments are applied first to restitution and then to costs or fines.
In the event a defendant owes restitution in addition to court costs/fines, this Court shall apply any partial payments first to restitution, and then to court costs/fines.
Criminal cases
Page 1 | DEFERRED/INSTALLMENT PAYMENT AGREEMENT POLICY & ORDER
When the court grants additional time to pay, it assesses a one-time $10 fee for account management.
If additional time to pay is granted by the Court the defendant will sign a DC-210 agreement, the Court will assess a one-time fee of $10.00 to cover the costs of management of the account until paid in full.
Criminal cases
Page 1 | DEFERRED/INSTALLMENT PAYMENT AGREEMENT POLICY & ORDER
Copy requests must be paid for before pickup or mailing.
All copy requests must be submitted in writing and paid for prior to pick up or mail out.
Page 4 | E. COPIES
An initial petition pertaining to custody or visitation requires a $25 filing fee.
There is a $25.00 filing fee for initial petitions pertaining to custody and visitation.
Page 6 | PART II: CIVIL PRACTICE — A. CUSTODY/VISITATION INITIAL PETITIONS
A cross petition for an initial determination of custody or visitation requires a $25 filing fee.
Cross petitions for initial determination of custody and visitation will also require a filing fee of $25.
Page 6 | PART II: CIVIL PRACTICE — A. CUSTODY/VISITATION INITIAL PETITIONS
An initial spousal support petition requires a $12 filing fee.
There is a $12.00 filing fee for initial petitions for spousal support.
Page 8 | D. SPOUSAL SUPPORT
Defendants have 90 days to pay court costs, fines, and restitution under the cited statute.
The Code of Virginia automatically gives each Defendant ninety (90) days to pay court costs/fines/restitution.
Criminal cases
Page 1 | DEFERRED/INSTALLMENT PAYMENT AGREEMENT POLICY & ORDER
The court does not require a down payment for a deferred or installment payment agreement unless a statute requires one.
This court does not require a down payment by the Defendant to obtain a deferred payment or installment payment agreement, except as required by statute.
Criminal cases
Page 1 | DEFERRED/INSTALLMENT PAYMENT AGREEMENT POLICY & ORDER
A defendant whose fines and costs have been referred to collections may still request additional time to pay, but collection fees will not be removed.
If a defendant's fines and costs have been referred to the collection process under Virginia Code Section 19.2-349, the defendant may still request additional time to pay however collection fees will not be removed.
Criminal cases
Page 1 | DEFERRED/INSTALLMENT PAYMENT AGREEMENT POLICY & ORDER
A defendant may satisfy costs or fines, but not restitution or child support, through community service with an approved Community Corrections Program provider or work performed while incarcerated.
In lieu of paying costs/fines (not restitution or child support) a defendant may perform community service with an approved provider through the Community Corrections Program or work performed while incarcerated.
Criminal cases
Page 1 | DEFERRED/INSTALLMENT PAYMENT AGREEMENT POLICY & ORDER
Child support cases have no filing fee.
There is no filing fee for Child Support cases.
Page 8 | C. CHILD SUPPORT
Filing Bundling Requirements
Child support and spousal support must be filed in separate, non-co-mingled petitions.
Child support and spousal support must be filed as separate petitions, they cannot be co-mingled.
Page 8 | D. SPOUSAL SUPPORT
Motions may not be co-mingled; pleadings and orders should not list multiple children.
Co-mingled motions will not be accepted, which means multiple children should not be listed on pleadings or orders.
Page 8 | B. CUSTODY/VISITATION/SUPPORT MOTIONS TO AMEND or MODIFY
Pre-Motion Conference Requirements
A civil motion requiring more than 10 minutes must be placed on the 9:00 a.m. docket and request leave for special setting; the court may deny a request for a longer hearing.
If said Motion requires more than ten (10) minutes, it shall be placed on the court's 9:00 a.m. docket and request leave of court to specially set said motion. The court may deny any request for a longer hearing.
Page 5 | C. CIVIL MOTIONS
Criminal motions are heard at 9:00 a.m. each morning the court is open.
Criminal motions shall be heard at 9:00 a.m. on each morning the court is open.
Page 5 | B. CRIMINAL MOTIONS
Civil motions are heard at 9:00 a.m. each morning.
Motions in civil cases shall be heard at 9:00 a.m. each morning.
Page 5 | C. CIVIL MOTIONS
A criminal motion requiring more than 10 minutes must be placed on the 9:00 a.m. criminal motions docket and request leave for special setting; the court may deny a request for a longer hearing.
If said Motion requires more than ten (10) minutes, it shall be placed on the court's 9:00 a.m. Criminal Motion's docket and request leave of court to specially set said motion. The court may deny any request for a longer hearing.
Page 5 | B. CRIMINAL MOTIONS
If the assigned judge is unavailable or the courtroom is closed to civil motions, a separate judge will hear the motion.
If the Judge is not available or that courtroom is closed to civil motions, the motion will be heard by a separate judge.
Page 5 | C. CIVIL MOTIONS
Civil motions are not heard in the listed courtrooms on the specified monthly Tuesdays and Thursday.
PLEASE NOTE: Due to other dockets, Judge Brooks and Courtroom 1A do not have civil motions on the first Tuesday of each month; Judge Robinson and Courtroom 1B do not have civil motions on the second Tuesday of each month; and Judge Koehler and Courtroom 1C do not have civil motions on the second Thursday of each month.
Page 5 | C. CIVIL MOTIONS
Adjournment & Extension Requirements
Continuances require 24 hours’ notice and must be granted by a judge in accordance with Local Rules and Procedures.
24 HOUR NOTICE REQUIRED - All continuances must be granted by Judge in accordance with Local Rules and Procedures.
Page 1 | Continuance Policy
A motion to continue in a civil case requires at least seven days' advance written notice to the Court and opposing party, subject to exceptions stated in the rules or by statute.
Civil motions (including motions to continue) require at least seven (7) days advance written notice to both the Court and the opposing party, unless otherwise stated herein or by statute.
Page 5 | C. CIVIL MOTIONS
A defendant may request additional time to pay directly from the judge at sentencing, and the judge considers the defendant’s financial circumstances when setting the time allowed.
Defendants requesting additional time to pay his/her court costs/fines/restitution may make a request directly to the judge at the time of his/her sentencing. The judge will consider the defendant's financial circumstances and grant an appropriate amount of time for the defendant to pay.
Criminal cases
Page 1 | DEFERRED/INSTALLMENT PAYMENT AGREEMENT POLICY & ORDER
A civil motion to continue may be filed as an emergency only if a bona fide emergency exists and the moving party cannot meet the otherwise applicable notice requirements.
Motions to Continue for a civil matter may be filed as an emergency if a bona fide emergency exists AND the moving party is unable to adhere to the notice requirements otherwise stated in these rules.
Page 6 | D. EMERGENCY MOTIONS
Chambers Communication Rules
Clerk's Office employees may provide basic procedural information but may not give legal advice.
Clerk's Office employees are not permitted to give legal advice to any party but may provide basic information to any individual about court forms, filing requirements, fees, and other procedural related questions.
Page 3 | A. CLERK'S OFFICE