Middlesex County Circuit Court, Virginia
Court-Level Rules, Filing Procedures & Policies
- Rules last changed:
Communication
Phone
Fax
Letter via fax
Document Format Requirements1 rule
on the agency's letterhead with an original signature of the person supervising the community service
Document Filing Requirements12 rules
Once a date is finalized, the moving party must file and serve the appropriate Notice of Hearing, listing the date and time scheduled, the name of the motion to be heard, and the time allotted by the Court.
Rule 4:15(b) of the Rules of the Supreme Court of Virginia requires that every notice of hearing "be accompanied by a certification that the movant has in good faith conferred or attempted to confer with other affected parties in an effort to resolve the dispute without court action."
- Document
- Notice of hearing
Must include
- •Certificate of conference
Should the parties fail to comply with the procedures outlined above or the Order Setting Trial, the Court will remove the scheduled trial date, and a new Praecipe will be required.
3.3. Praecipe Required: Except for appeals from the district courts or cases for divorce, affirmation, or annulment, a Praecipe must be filed prior to setting the case for trial.
To receive community-service credit, the defendant must submit records of hours and dates performed and a supervisor’s verification of performance and no compensation; the Clerk may refuse credit without this proof.
Court's wording
In order to be accepted and credited, the defendant must submit paperwork documenting the number of hours performed and the dates those hours were pertormed; together with a letter, on the agency's letterhead with an original signature of the person supervising the community service, verifying that the community service listed was actually performed and the detendant received no compensation for that community service. The Clerk may refuse to credit any community service performed that does not include this proof and verification.
If a trial date is established, the Court will direct preparation of a Uniform Pretrial Scheduling Order.
Court's wording
3.16; Setting Trial: At the conclusion of the prehearing conference, the matter will be set for trial, as necessary. If a trial date is established, the Court will direct the preparation of a Uniform Pretrial Scheduling Order pursuant to Rule 1:18 and refer the matter to a Settlement Conference using the Judicial Settlement Conference Program pursuant to Rule 1: 19.
iii. All other Protective Orders: When any protective order not listed in 3.l0(i) or 3.lO(ii) above is appealed (regardless of whether the protective order was issued or the petition was denied), the district court clerk should indicate on the Notice of Appeal the date the case "is scheduled to be called for setting of trial date," which date must be a Term Day, at 10:00 a.m.
When a termination-of-parental-rights case is appealed, the clerk should state on the Notice of Appeal the trial-setting date, which must be a Term Day at 10:00 a.m.
Court's wording
3.11. Termination of Parental Rights: When a case involving termination of parental rights is appealed from the district court, the district court clerk should indicate on the Notice of Appeal the date the case "is scheduled to be called for setting of trial date," which date must be a Term Day, at 10:00 a.m.
At any time during the duration of a payment agreement, the defendant may request a modification of the agreement in writing on Form DC-211, PETITION FOR PAYMENT AGREEMENT FOR FINES AND COSTS OR REQUEST TO MODIFY EXISTING AGREEMENT, and the Clerk may grant such modification based on a good faith showing of need.
When a family abuse protective order is issued pursuant to Virginia Code § 16.1-279.1 (FORM DC-650) and is appealed from a district court, the district court clerk should confer with the Circuit Court clerk's office to pick a trial date and indicate on the Notice of Appeal the date the case "is scheduled to be called for trial."
3.7. Notice of Appeal: Except for the protective order appeals listed in Sections 3.l0(i) or 3.lO(ii) below, when a case is appealed from a district court, the district court clerk should indicate on the Notice of Appeal the date the case "is scheduled to be called for setting of trial date," which date should be Term Day.
When a protective order is issued pursuant to Virginia Code§ 19.2-152.10 (FORM DC-385) and is appealed from a district court, the district comt clerk should confer with the Circuit Court clerk's office to pick a trial date and indicate on the Notice of Appeal the date the case "is scheduled to be called for trial."
Filing & Service rules
Filing Timing and Cure Windows
The Praecipe must be filed at least eleven days before Term Day.
The Praecipe must be filed at least eleven (11) days prior to Term Day.
Page 3 | 3.3. Praecipe Required
Counsel must fax their available dates to support staff no later than the Wednesday before Term Day and include the expected trial length and whether a jury is demanded.
No later than the Wednesday prior to Term Day, counsel must fax their available dates to support staff at (804} 693-17 55, indicating the ,expected length of trial and whether a jury is demanded.
Page 3 | 3.4. Available Dates
Counsel must fax available dates, expected trial length, and whether a jury is demanded to support staff no later than the Wednesday before the Term Day stated in the Notice of Appeal.
No later than the Wednesday prior to the Term Day indicated in the Notice of Appeal, counsel mu~t fax their available dates to support staff at (804) 693-1755, and indicate the expected length of trial and whether a jury is demanded.
Page 4 | 3.8. Available Dates
An appeal noted less than ten days before the next Term Day must be scheduled for the following Term Day.
3.12. Cutoff: Should an appeal be noted less than ten (10) days prior to the next Term Day, the appeal must be scheduled using these procedures for the following Term Day.
Page 5 | 3.12. Cutoff
Service and Proof of Service Rules
The moving party must serve the Notice of Hearing once the hearing date is finalized.
Once a date is finalized, the moving party must file and serve the appropriate Notice of Hearing, listing the date and time scheduled, the name of the motion to be heard, and the time allotted by the Court.
Page 2 | 2.2. Procedure
Pre-Motion Conference Requirements
Only motions scheduled under the Rule will be heard, and adding a motion to a scheduled hearing requires prior Court approval.
Only motions scheduled pursuant to this Rule will be heard on the scheduled date and time. No motions may be added to a scheduled date and time without prior approval of the Court. Any motions not scheduled pursuant to these rules will not be heard.
Page 2 | 2.3. Hearing
The moving party must follow the stated sequence to schedule a motion hearing, and offered dates are not held and may become unavailable if counsel does not act promptly.
After filing the motion, the moving party must contact support staff at (804) 693-1358 to advise the type of motion filed and the expected length of the hearing, and to obtain the dates and times available for the hearing. The moving party must then contact the opposing counsel and agree on a hearing date. Once a hearing date is agreed, the moving party must contact support staff at (804) 693-1358 to advise of the chosen date. The days offered are not held and could be rendered unavailable if counsel does not act promptly. Once a date is finalized, the moving party must file and serve the appropriate Notice of Hearing, listing the date and time scheduled, the name of the motion to be heard, and the time allotted by the Court.
Page 2 | 2.2. Procedure
Counsel must confer with other counsel and self-represented parties to avoid unnecessary motions and narrow disputes; when a duty to confer applies, consultation must be in person or by telephone unless binding authority provides otherwise.
Accordingly, counsel must confer with each other and prose parties to decrease, in every way possible the filing of unnecessary motions, and to narrow the issues to be decided by the court. Absent binding authority to the contrary, a duty to confer to resolve a dispute without court action-whether imposed by the Rules of the Supreme Court or by order-will be interpreted to require consultation in person or by telephone to explore the possibility of resolving or narrowing the matters in controversy.
Page 2 | 2.1. Requirement to Confer
Counsel are expected to respond promptly to hearing-scheduling requests; after no response within a reasonable time, the moving party may send three dates by fax or email and, if opposing counsel still does not respond within ten days, may schedule the hearing on one of those dates.
Counsel are expected to respond promptly to a request to schedule a motions hearing. Should counsel fail to respond in a reasona:ble time, the moving party may then fax or email to opposing counsel three (3) available motion dates and times along with notice that after ten (10) days without a response, the moving party will seek to schedule the hearing on one of the provided dates and times. Should opposing counsel fail to respond within ten (10) days of such fax or email, the moving party may then schedule the hearing on one of the provided dates and times.
Page 2 | 2.4. 10-day Rule
Adjournment & Extension Requirements
A hearing may not be removed or rescheduled unless the moving party notifies the Court.
No hearing will be removed or rescheduled unless the moving party notifies the Court.
Page 2 | 2.5. Removal or Rescheduling
Chambers Communication Rules
After filing a motion, the moving party must obtain available hearing dates from support staff, agree on a date with opposing counsel, and notify support staff of the chosen date; offered dates are not held and may become unavailable if counsel does not act promptly.
After filing the motion, the moving party must contact support staff at (804) 693-1358 to advise the type of motion filed and the expected length of the hearing, and to obtain the dates and times available for the hearing. The moving party must then contact the opposing counsel and agree on a hearing date. Once a hearing date is agreed, the moving party must contact support staff at (804) 693-1358 to advise of the chosen date. The days offered are not held and could be rendered unavailable if counsel does not act promptly. Once a date is finalized, the moving party must file and serve the appropriate Notice of Hearing, listing the date and time scheduled, the name of the motion to be heard, and the time allotted by the Court.
Page 2 | 2.2. Procedure
Counsel must fax the requested trial-setting information to support staff, and counsel and their party waive objections to the chosen trial date if counsel fails to submit available dates as required.
No later than the Wednesday prior to Term Day, counsel must fax their available dates to support staff at (804} 693-17 55, indicating the ,expected length of trial and whether a jury is demanded. Should any counsel fail to submit their available dates as required, such counsel and their party will be deemed to have waived any objection to the chosen trial date.
Page 3 | 3.4. Available Dates
Counsel must fax the requested trial-setting information to support staff, and counsel and their party waive objections to the chosen trial date if counsel fails to submit available dates as required.
No later than the Wednesday prior to the Term Day indicated in the Notice of Appeal, counsel mu~t fax their available dates to support staff at (804) 693-1755, and indicate the expected length of trial and whether a jury is demanded. Should any counsel fail to submit their available dates as required, such counsel and their party will be deemed to have waived any objection to the chosen trial date.
Page 4 | 3.8. Available Dates
A defendant with an installment or deferred payment agreement must promptly inform the court of any mailing-address change while the agreement is in effect.
A defendant who enters into an installment or deferred payment agreement shall promptly inform the court of any change of mailing address during the term of the agreement.
Criminal cases
Page 5 | 8. Address change
By the Court's preference, the party filing the Praecipe may obtain mutually agreeable dates from all participants and fax those dates, the expected trial length, and jury-demand information to support staff.
In the alternative and by preference of the Court, the party filing the Praecipe may obtain all participants' mutually agreeable available dates, and fax to support staff a list of dates that are agreeable to all participants, along with the expected length of trial and whether there is a jury demand.
Page 3 | 3.4. Available Dates
For an appealed protective order issued under Virginia Code § 19.2-152.10, the district court clerk should confer with the Circuit Court clerk's office to select a trial date.
When a protective order is issued pursuant to Virginia Code§ 19.2-152.10 (FORM DC-385) and is appealed from a district court, the district comt clerk should confer with the Circuit Court clerk's office to pick a trial date and indicate on the Notice of Appeal the date the case "is scheduled to be called for trial."
Page 4 | 3.10. Protective Orders
For an appealed family-abuse protective order issued under Virginia Code § 16.1-279.1, the district court clerk should confer with the Circuit Court clerk's office to select a trial date.
When a family abuse protective order is issued pursuant to Virginia Code § 16.1-279.1 (FORM DC-650) and is appealed from a district court, the district court clerk should confer with the Circuit Court clerk's office to pick a trial date and indicate on the Notice of Appeal the date the case "is scheduled to be called for trial."
Page 4 | 3.10. Protective Orders
By the Court's preference, the party filing the Notice or any counsel involved in the appeal may obtain mutually agreeable dates from all participants and fax those dates, the expected trial length, and jury-demand information to support staff.
In the alternative and by preference of the Court, the party filing the Notice, or any counsel involved in the appeal, may obtain all participants' mutually agreeable available dates, and fax to support staff a list of dates that are agreeable to all participants, along with the expected length of trial and whether there is a jury demand.
Page 4 | 3.8. Available Dates
Promptly after the Notice of Appeal is filed, counsel involved in the appeal should confer with each other and contact support staff at(804) 693-1358 to schedule the matter for trial.
Promptly after the Notice of Appeal is filed, counsel involved in the appeal should confer with each other and contact support staff at(804) 693-1358 to schedule the matter for trial.
Page 5 | 3.11. Termination of Parental Rights
Counsel may avoid appearing at Docket Call by faxing support staff their available dates, expected trial length, and whether a jury is demanded no later than the preceding Wednesday.
To avoid appearing at Docket Call, counsel may, no later than the Wednesday prior to Docket Call, fax their available dates to support staff at (804) 693-1755, advise the expected length of trial, and advise whether a jury is demanded.
Page 6 | Pro Se Parties