Middlesex County Circuit Court, Virginia Document Filing Requirements

CRITICAL

Applies to

Notice of hearing

Once the hearing date is finalized, the moving party must file a Notice of Hearing listing the scheduled date and time, the motion to be heard, and the time allotted by the Court.

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.

CRITICAL

Applies to

Praecipe

If the parties fail to comply with the stated procedures or the Order Setting Trial, the scheduled trial date will be removed and a new Praecipe will be required.

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.

CRITICALCriminal cases

Applies to

Community service credit submission

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.

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.

CRITICAL

Applies to

Notice of hearing

Must include

certificate of conference

Every notice of hearing must include a certification that the movant conferred or attempted in good faith to confer with affected parties to resolve the dispute without court action.

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."

CRITICAL

Applies to

Praecipe

A Praecipe must be filed before setting a civil case for trial, except for district-court appeals and cases for divorce, affirmation, or annulment.

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.

WARNING

Applies to

Uniform pretrial scheduling order

If a trial date is established, the Court will direct preparation of a Uniform Pretrial Scheduling Order.

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.

WARNING

Applies to

Notice of appeal

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.

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.

WARNINGCriminal cases

Applies to

Payment agreement modification request

A defendant may request modification of a payment agreement at any time by submitting a written Form DC-211 petition; the Clerk may grant the request based on a good-faith showing of need.

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.

WARNING

Applies to

Notice of appeal

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.

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.

INFO

Applies to

Notice of appeal

For an appealed family-abuse protective order issued under Virginia Code § 16.1-279.1, the district court clerk should indicate on the Notice of Appeal the date the case is scheduled to be called for trial.

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."

INFO

Applies to

Notice of appeal

For district-court appeals other than the specified protective-order appeals, the district court clerk should indicate on the Notice of Appeal the date the case is scheduled to be called for setting a trial date, and that date should be Term Day.

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.

INFO

Applies to

Notice of appeal

For an appealed protective order issued under Virginia Code § 19.2-152.10, the district court clerk should indicate on the Notice of Appeal the date the case is scheduled to be called for trial.

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."