Norfolk Circuit Court, Virginia
Court-Level Rules, Filing Procedures & Policies
- Rules last changed:
Limits & Logistics
Document Limits
Adjournments
- When practicable, a continuance motion for a pre-assigned case is directed to its assigned judge; a motion for a case not pre-assigned must be made to one of the two civil continuance judges.
- A civil continuance requires good cause and Court approval.
- The Court has sound discretion to grant or refuse a continuance.
- +29 more
Request must include
Communication
Phone
Clerk
Phone
Phone
Clerk
Page & Word Limits1 rule
Briefs will not be longer than twenty pages (8 ½" x 11") double spaced unless leave of court is obtained for a longer brief.
- Brief
- Up to 20 pages
- Format
- Double-spaced
Exception
More pages with leave of court
Document Format Requirements3 rules
Briefs will not be longer than twenty pages (8 ½" x 11") double spaced unless leave of court is obtained for a longer brief.
- Line spacing
- Double
- Paper size
- Letter
- Brief
The equitable-distribution inventory must use a form approved by the Court.
Court's wording
Fifteen days before trial or hearing, each counsel (as defined in Rule 2(G)(1)(b)) will deliver to opposing counsel and file with the Clerk, on a form approved by the Court, an inventory of the assets and debts of which his client seeks equitable distribution.
Exhibits will be listed individually; for example, "all medical records" will not suffice.
Document Filing Requirements52 rules
If a continuance is granted and the Court does not prepare the order, counsel must submit the order within fourteen days.
Counsel will present to the Court before the trial begins a proposed final decree of divorce, form VS-4, and, if there is one, the separation agreement.
Each counsel must deliver and file an approved-form inventory of the assets and debts sought for equitable distribution 15 days before trial or hearing.
Court's wording
Fifteen days before trial or hearing, each counsel (as defined in Rule 2(G)(1)(b)) will deliver to opposing counsel and file with the Clerk, on a form approved by the Court, an inventory of the assets and debts of which his client seeks equitable distribution.
Counsel for each party present at the trial or hearing will present a completed child support guidelines worksheet.
Counsel must appear in person to present the final decree if the Court has twice rejected the proposed final decree.
In suits for divorce, counsel for all parties will select a trial date approved by the Clerk, and they will complete, endorse, and file the scheduling order with the Clerk within six months of the filing of a responsive pleading.
When a continuance is granted, the submitted scheduling order must reflect the new trial date; a supplemental scheduling order is used if the Court orders one.
Court's wording
If a continuance is granted in any such case, a scheduling order (or, if the Court orders, a supplemental scheduling order (see Form 4 in the Appendix of Forms)) reflecting the new trial date will be submitted within fourteen days of the granting of the continuance.
In an unassigned case (except suits for divorce and suits in which the Division of Child Support Enforcement is a party), within thirty days of the filing of (i) a responsive pleading to a complaint or (ii) the proper papers in a case appealed from a District Court, counsel for all parties will select a trial date approved by the Clerk and they will complete, endorse, and file the scheduling order with the Clerk.
Plaintiff's counsel has the responsibility for preparing and circulating the scheduling order; however, if the plaintiff is pro se, the defendant's counsel will do so.
Counsel must deliver the appropriate final order to the Clerk after a non-suit or final settlement; for a resolution thirty or fewer days before trial, an order, letter, or email confirming it is required instead by the specified pretrial deadline.
Court's wording
Within thirty days of the taking of a non-suit or a final settlement of any civil action to which this rule applies, counsel for the parties will deliver the appropriate final order to the Clerk; provided that if a non-suit is taken or a case settled thirty or fewer days before trial, counsel must deliver an order, letter, or email confirming the non-suit or settlement to the Clerk no later than 4:00 p.m. the day before trial.
Any order allowing the substitution of counsel will state the existing trial or Commissioner in Chancery's hearing date, if there is one, and whether new counsel is available to try the case on that date.
Orders reflecting the Court's rulings should be prepared promptly and will reflect the name of the Judge who made the ruling and the date the ruling was rendered or the matter was heard.
Counsel for the parties will, at the beginning of a civil jury trial, deliver to the Judge the originals of all agreed instructions, and copies of all contested instructions noting thereon the authority relied upon for such instructions.
To assist the Clerk in closing concluded cases, an order described in Supreme Court Rule 1:1(b) will be titled "Final Order."
It is the duty of counsel for the plaintiff to prepare a verdict form substantially similar to Form 1 in the Appendix of Forms. Either counsel proposing a different verdict form has the duty of preparing it.
Counsel for the plaintiff must attach a completed civil cover sheet (on a form to be provided by the Clerk) to the initial pleading filed.
If a continuance is granted counsel will promptly reschedule a hearing date and submit an appropriate scheduling order within fourteen days of the granting of the continuance.
Any discovery motion filed must contain a certification that counsel has made a good faith effort to resolve the matters in controversy with opposing counsel.
- Document
- Discovery motion
Must include
- •Certificate of conference
If requested in discovery, counsel for plaintiff must identify all expert witnesses ninety days before the Commissioner's hearing. If requested in discovery, counsel for defendant must identify all expert witnesses sixty days before the Commissioner's hearing. Identification must set out all information discoverable under Rule 4:1(b)(4)(A)(I); except as provided in paragraph 4, no separate document need be filed identifying an expert so identified in discovery.
If ordered by the Commissioner, counsel will exchange exhibits and a list of witnesses fifteen days before the hearing date. A list of exhibits and witnesses will be filed with the Clerk of Court simultaneously therewith but the exhibits need not then be filed.
- Document
- Exhibit and witness lists
Include
- •Exhibit list
If requested in discovery, plaintiff must identify experts 90 days before trial and rebuttal experts and opinions 45 days before trial; defendant must identify experts 60 days before trial, with the required discoverable information, but no separate filing is needed for an expert identified in discovery.
Court's wording
If requested in discovery, counsel for plaintiff must identify expert witnesses ninety days before trial, and rebuttal experts and opinions forty-five days before trial. If requested in discovery, counsel for defendant must identify all expert witnesses sixty days before trial. Identification must set out all information discoverable under Rule 4:1(b)(4)(A)(I) of the Rules of the Supreme Court of Virginia; except as provided in paragraph 5, no separate document need be filed identifying an expert so identified in discovery.
A list of exhibits and witnesses will be filed with the Clerk of Court simultaneously therewith but the exhibits need not then be filed.
- Document
- Exhibit and witness list
Include
- •Exhibit list
At the beginning of trial, counsel will give the judge the originals of all agreed instructions and copies of all contested instructions with the appropriate citations.
Exhibits will be listed individually; for example, "all medical records" will not suffice.
If the plaintiff is proceeding without an attorney and the defendant is represented by an attorney, it is the responsibility of the defendant's attorney to submit a scheduling order.
If both parties are represented by counsel, it is the responsibility of the plaintiff's attorney to submit a scheduling order within the time prescribed in Norfolk Circuit Court Civil Rule 2(A)(3).
scheduling orders are mandatory in most cases.
The Court must receive written agency verification of approval, intended work hours, and the type of community service.
Court's wording
The Court must receive written verification from the agency for which a defendant intends to perform community service indicating that: (i) such agency has approved of such community service, (ii) the number of hours the defendant intends to work, and (iii) the type of service the defendant will be providing.
Any change of the community service agency will require a new written verification from the agency
To receive credits against fines and costs, the Clerk's Office must receive written certification from the agency of the dates and the number of hours worked.
Any change of the community service agency will require a new written verification from the agency and, if approved, a new Court Order.
Upon approval by a judge of this Court, the Court will enter an Order specifying that the defendant is permitted to discharge the fines and costs by performing community service.
The scheduling order will be prepared and signed by the defendant's attorney, the Commonwealth's Attorney, and, if practical, the defendant, indicating the agreed upon trial, discovery, and motion dates.
The order will also indicate the defendant's current intention to plead guilty or not guilty and to request a jury/bench trial.
Appointed counsel and the assigned prosecutor are to submit a scheduling order by 2:00 p.m. the day before the next Docket Call.
Attorneys are required to submit scheduling and continuance orders to the Criminal Docket Clerk by 2:00 p.m. the day before the scheduled Criminal Docket Call.
The written plea agreement, and, if used, the written stipulation of Commonwealth's evidence and the advice of rights form, must be thoroughly reviewed by defense counsel with the defendant and signed before the case is called.
Furthermore, the evidence sought to be suppressed and the grounds for suppression shall be specifically stated.
If a continuance is granted, counsel must submit by the end of the next business day, to the judge who granted the continuance, an order stating the specific reason for the continuance and the new trial date (approved by the Clerk's office) which shall, if possible, be within 120 days of the defendant's arrest.
Otherwise, final decrees in such suits to be decided on depositions or affidavits will be filed with the Clerk to be presented to the Court.
Except as hereinafter provided, if neither party lives in the City of Norfolk when the final decree is submitted, and the final decree provides for child custody, visitation, or support, or spousal support, or any reservation of any of these matters, the final decree will contain a transfer clause pursuant to Code of Virginia §20-79(c).
Except as the Court may otherwise direct in a particular suit, final decrees will conform to this section.
No award or reservation of spousal support or equitable distribution may be made to the plaintiff or to a defendant who makes an appearance unless requested in the appropriate pleading or an amendment thereto.
No such provision should be included in a final decree of divorce if either (a) at the time the decree is presented to the Court both parties are non-residents of Virginia, or (b) child or spousal support is reserved as required by section (2) of this part (E).
Scheduling orders are not appropriate for cases ordinarily handled summarily or cases inherently subject to delays beyond the Court's control, including the listed examples.
Court's wording
There are two classes of cases that are not proper for scheduling orders: first, those that are ordinarily handled summarily, e.g., adoptions, asset forfeitures, name changes, garnishments, approvals of infant and wrongful death settlements, appointments of guardians, and expungements; and second, those that by their very nature are attendant with delays over which the Court has little control, e.g., receiverships and suits formerly in equity, the object of which is the sale of land.
The form scheduling order for suits to be heard by a Commissioner in Chancery is found in the Appendix of Forms as Form 2. Acceptable forms for other cases may be found in the Appendix of Forms as Form 3 or in the Appendix of Forms at the end of Part One of the Rules of the Supreme Court of Virginia.
The cover letter for a filed case is expected to state whether the case will last more than two days or falls within a case type addressed by Civil Rule 2(B).
Court's wording
When your case is filed you are expected to let the Clerk know in your cover letter whether the case is going to last more than two days or if the case is one of the types of cases addressed in Norfolk Circuit Court Civil Rule 2(B). [Assignment of Cases to Judges].
The report shall be made a part of the record as required by statute, but not as evidence in the case,
Any plea agreement offered to the Court after the rejection of an earlier plea agreement shall state that a previous plea agreement has been submitted.
When all parties in a case are proceeding pro se, no scheduling order will be required.
in an appeal from a District Court in which a guardian ad litem was appointed, the guardian ad litem may prepare a scheduling order.
In an assigned case, the scheduling order will be completed by the docket administrator after a pre-trial conference.
Filing & Service rules
Filing Timing and Cure Windows
Counsel must submit the order within fourteen days after a continuance is granted if the Court does not prepare it.
If a continuance is granted and the Court does not prepare the order, counsel must submit the order within fourteen days.
Page 2 | CIRCUIT COURT OF NORFOLK – CIVIL CONTINUANCE POLICY
The inventory must be filed with the Clerk 15 days before trial or hearing.
Fifteen days before trial or hearing, each counsel (as defined in Rule 2(G)(1)(b)) will deliver to opposing counsel and file with the Clerk, on a form approved by the Court, an inventory of the assets and debts of which his client seeks equitable distribution.
Page 4 | D. Provisions Concerning Custody, Support, and Equitable Distribution
The final decree must be submitted within thirty days after the Court rules on the issues.
5. Submission of Final Decree. The final decree will be submitted within thirty days of the Court's ruling on the issues.
Page 5 | E. Final Decrees
After a continuance is granted, a scheduling order reflecting the new trial date, or a supplemental order if the Court directs, must be submitted within fourteen days.
If a continuance is granted in any such case, a scheduling order (or, if the Court orders, a supplemental scheduling order (see Form 4 in the Appendix of Forms)) reflecting the new trial date will be submitted within fourteen days of the granting of the continuance.
Page 6 | A.3. Cases in Which One or All Parties are Represented by Counsel
In covered unassigned cases, the scheduling order must be filed within thirty days after the responsive pleading or proper appeal papers are filed; divorce and Division of Child Support Enforcement cases are excluded.
In an unassigned case (except suits for divorce and suits in which the Division of Child Support Enforcement is a party), within thirty days of the filing of (i) a responsive pleading to a complaint or (ii) the proper papers in a case appealed from a District Court, counsel for all parties will select a trial date approved by the Clerk and they will complete, endorse, and file the scheduling order with the Clerk.
Page 6 | A.3. Cases in Which One or All Parties are Represented by Counsel
In divorce suits, the scheduling order must be filed within six months after a responsive pleading is filed.
In suits for divorce, counsel for all parties will select a trial date approved by the Clerk, and they will complete, endorse, and file the scheduling order with the Clerk within six months of the filing of a responsive pleading.
Page 6 | A.3. Cases in Which One or All Parties are Represented by Counsel
Unless the court grants leave, trial must be within one year of the complaint or, for a District Court appeal, within one year of the appeal papers; divorce trials must be within eighteen months of the complaint.
Except by leave of court, the date for trial will be within one year of the filing of the complaint, or in civil actions appealed from a District Court one year from the filing of the appeal papers; provided that in suits for divorce the trial will be within eighteen months of the filing of the complaint.
Page 7 | 4. Form and Contents of Scheduling Order
Counsel must deliver the final order to the Clerk within thirty days of a non-suit or final settlement, subject to the separate pretrial confirmation deadline for cases resolved thirty or fewer days before trial.
Within thirty days of the taking of a non-suit or a final settlement of any civil action to which this rule applies, counsel for the parties will deliver the appropriate final order to the Clerk; provided that if a non-suit is taken or a case settled thirty or fewer days before trial, counsel must deliver an order, letter, or email confirming the non-suit or settlement to the Clerk no later than 4:00 p.m. the day before trial.
Page 7 | 6. Notice of Settlement
A motion to be heard Friday must be filed by noon on the preceding Friday, unless Supreme Court Rule 4:15 or a Judge-authorized later filing applies; absent an emergency, the requesting counsel must give opposing counsel at least seven days' notice.
Except as provided in Supreme Court Rule 4:15, any motion to be heard on a Friday will be filed in the Clerk's Office no later than the preceding Friday at noon unless a Judge authorizes a later filing, and, except in emergencies, counsel requesting the hearing will give opposing counsel at least seven days notice of the motion.
Page 8 | C. Motions and Briefs — 3. Friday Motions
An appropriate scheduling order must be submitted within fourteen days after a continuance is granted.
If a continuance is granted counsel will promptly reschedule a hearing date and submit an appropriate scheduling order within fourteen days of the granting of the continuance.
Page 13 | Form 2 Scheduling Decree for Causes Referred to a Commissioner in Chancery
The Commissioner must file the report within 60 days after the hearing concludes unless the court grants leave for more time.
The Commissioner will file his report within sixty days of the conclusion of the hearing, except where, by leave of court, more time is allowed.
Page 14 | Form 2 Scheduling Decree for Causes Referred to a Commissioner in Chancery
Any brief for the exceptions hearing must be filed at least seven days before the hearing.
Any brief for the exceptions hearing will be filed at least seven days before the hearing.
Page 14 | Form 2 Scheduling Decree for Causes Referred to a Commissioner in Chancery
If requested by the Commissioner, the hearing transcript must be delivered within 14 days after the hearing concludes, subject to extension by the Commissioner for good cause.
If the Commissioner requests a transcript of the hearing it will be delivered to him within fourteen days of the conclusion of the hearing; the Commissioner may extend this time for good cause shown.
Page 14 | Form 2 Scheduling Decree for Causes Referred to a Commissioner in Chancery
If no exceptions are filed, the final decree conforming to the Commissioner's report must be presented to a judge for entry within 30 days after the report is filed.
If no exceptions are filed to the Commissioner's report, a final decree conforming to the report will be presented to a Judge of the Court for entry within thirty days of the filing of the Commissioner's report.
Page 14 | Form 2 Scheduling Decree for Causes Referred to a Commissioner in Chancery
A de bene esse deposition may be taken as late as 15 days before trial.
A de bene esse deposition may be taken up to fifteen days before trial.
Page 15 | Scheduling Order
Discovery must be completed 30 days before trial, including timely service of discovery requests, completion of covered depositions, and hearings on motions to compel before the cutoff.
All discovery shall be completed thirty days before trial. "Completed" means that (1) interrogatories and requests for production or admission must be served so that responses thereto will be due on or before the cut-off date, (2) all depositions upon written questions or oral examination, excluding de bene esse, be completed by the cut-off date, and (3) motions to compel shall be heard before the cut-off date.
Page 15 | Scheduling Order
The exhibit and witness list must be filed with the Clerk simultaneously with its exchange, 15 days before trial.
Counsel will exchange a list of exhibits and witnesses fifteen days before trial. A list of exhibits and witnesses will be filed with the Clerk of Court simultaneously therewith but the exhibits need not then be filed.
Page 16 | Scheduling Order
Objections to exhibits, except on relevancy grounds, and to witnesses must be argued no later than the day before trial.
Any objections to exhibits (except on relevancy grounds) or witnesses will be filed five days before trial and argued no later than the day before trial.
Page 16 | Scheduling Order
Objections to exhibits, except on relevancy grounds, and to witnesses must be filed five days before trial; a late objection is waived.
Any objections to exhibits (except on relevancy grounds) or witnesses will be filed five days before trial and argued no later than the day before trial. Failure to file the objection by this date is deemed a waiver of objection.
Page 16 | Scheduling Order
Deadlines for the listed trial-related filings and exchanges are based on the trial date in the supplemental order, but actions already completed need not be repeated.
The deadlines for exchanging and filing exhibits, witness lists, objections to exhibits or depositions, motions in limine, proposed voir dire, jury instructions, motions for summary judgments and other dispositive motions shall be based upon the trial date established in this order. Such actions, if already taken, need not however be repeated.
Page 17 | Form 4 Supplemental Scheduling Order
A supplemental scheduling order does not extend the original discovery-completion or expert-designation cut-off dates.
The cut-off dates for the completion of discovery and the designation of expert witnesses are not extended beyond those contained in the original scheduling order.
Page 17 | Form 4 Supplemental Scheduling Order
If a plea agreement is reached in District Court, the trial date must be within seven days of the next Grand Jury Day.
The trial date will be within 7 days of the next Grand Jury Day if a plea agreement is reached in District Court
Criminal cases
Page 2 | II. SETTING OF TRIAL DATE, C. Scheduling Order
Cases must be bound over to the next Grand Jury by the Wednesday in the preceding week.
The cut-off date for cases to be bound over to the next Grand Jury is the Wednesday in the week preceding Grand Jury Day.
Criminal cases
Page 2 | II. SETTING OF TRIAL DATE
The trial date must be no more than 120 days after the defendant’s arrest.
provided, that the trial date shall not be more than 120 days after the date of the defendant's arrest
Criminal cases
Page 2 | II. SETTING OF TRIAL DATE, C. Scheduling Order
If counsel appointed in that Court is not on the Circuit Court's list of appointed attorneys, the appointment will not carry over to the trial in Circuit Court unless three working days before Grand Jury Day the attorney requests and receives the approval of the Circuit Court judge supervising the court-appointed list and notifies the Criminal Docket Clerk by mail or telephone.
If counsel appointed in that Court is not on the Circuit Court's list of appointed attorneys, the appointment will not carry over to the trial in Circuit Court unless three working days before Grand Jury Day the attorney requests and receives the approval of the Circuit Court judge supervising the court-appointed list and notifies the Criminal Docket Clerk by mail or telephone.
Criminal cases
Page 2 | D. Other Counsel Appointed in Juvenile and Domestic Relations District Court
The scheduling order is due by 2:00 p.m. the day before the next Docket Call; failure to submit it requires counsel to appear as described in paragraph II.C.
Appointed counsel and the assigned prosecutor are to submit a scheduling order by 2:00 p.m. the day before the next Docket Call. Failure to do so will require counsel to appear as described in paragraph II. C. above.
Criminal cases
Page 3 | III. CRIMINAL DOCKET CALL
Scheduling and continuance orders are due by 2:00 p.m. the day before Criminal Docket Call; late orders will not be accepted, and attorneys of record must appear personally before the duty judge at 2:30 p.m. on docket-call day.
Attorneys are required to submit scheduling and continuance orders to the Criminal Docket Clerk by 2:00 p.m. the day before the scheduled Criminal Docket Call. Orders submitted after the deadline will not be accepted and the attorneys of record will be required to personally appear before the duty judge at 2:30 p.m. on the day of Criminal Docket Call to present an order and explain their failure to adhere to the Criminal Case Procedures.
Criminal cases
Page 3 | II. SETTING OF TRIAL DATE
A motion to suppress must be heard at least three working days before trial, except when good cause is shown and the interests of justice warrant otherwise.
Except for good cause shown and in the interest of justice, a motion to suppress shall be heard at least three working days before the trial date.
Criminal cases
Page 6 | V.C. Motions to Suppress
Counsel must submit the continuance order to the judge who granted the continuance by the end of the next business day.
If a continuance is granted, counsel must submit by the end of the next business day, to the judge who granted the continuance, an order stating the specific reason for the continuance and the new trial date (approved by the Clerk's office) which shall, if possible, be within 120 days of the defendant's arrest.
Criminal cases
Page 8 | Circuit Court of Norfolk - Criminal Continuance Policy
When practical, orders should be submitted to the Court on the day the ruling is made.
When practical, orders will be submitted to the Court on the day the ruling is made.
Page 9 | E. Orders and Decrees, 1. General
Summary judgment and other dispositive motions should be filed and argued as long before trial as practical.
Any motion for summary judgment or other dispositive motion should be filed and argued as long before trial as practical.
Page 16 | Scheduling Order
If no plea agreement is reached in District Court, the trial date should be within 60 days of the preliminary hearing if possible.
within 60 days of the preliminary hearing, if possible, if no such agreement is reached
Criminal cases
Page 2 | II. SETTING OF TRIAL DATE, C. Scheduling Order
When federal law permits a later responsive pleading, the United States may file within the federal-law period without seeking leave of Court.
In any civil action in which the United States is named as a defendant, if federal law allows the United States to file a responsive pleading beyond the time allowed by Supreme Court Rule 3:8, the United States may file its responsive pleading within the time allowed by federal law without obtaining leave of Court.
Page 10 | G. Miscellaneous, 3. United States as a Defendant
A guilty plea based on a waiver of indictment may be scheduled as early as the sixth day after the preliminary hearing.
A guilty plea on a waiver of indictment may be set as early as the sixth day after the preliminary hearing.
Criminal cases
Page 2 | II. SETTING OF TRIAL DATE
Service and Proof of Service Rules
Each counsel must deliver the inventory to opposing counsel 15 days before trial or hearing.
Fifteen days before trial or hearing, each counsel (as defined in Rule 2(G)(1)(b)) will deliver to opposing counsel and file with the Clerk, on a form approved by the Court, an inventory of the assets and debts of which his client seeks equitable distribution.
Page 4 | D. Provisions Concerning Custody, Support, and Equitable Distribution
Except in emergencies, counsel requesting a Friday motion hearing must give opposing counsel at least seven days' notice of the motion.
Except as provided in Supreme Court Rule 4:15, any motion to be heard on a Friday will be filed in the Clerk's Office no later than the preceding Friday at noon unless a Judge authorizes a later filing, and, except in emergencies, counsel requesting the hearing will give opposing counsel at least seven days notice of the motion.
Page 8 | C. Motions and Briefs — 3. Friday Motions
Counsel must exchange proposed instructions at least two days before trial, but may instead give opposing counsel written notice of the Virginia Model Jury Instruction numbers expected to be used.
Counsel will exchange copies of proposed instructions at least two days before trial. Rather than exchanging actual copies of proposed instructions, counsel may notify opposing counsel in writing of the numbers of the instructions he expects to use from the Virginia Model Jury Instructions;
Page 9 | F. Matters Pertaining to Trial, 1. Jury Instructions
If a model instruction is changed, or an offered instruction is not in the Virginia Model Jury Instructions, counsel must give opposing counsel a copy.
provided, however, that if any change is made to the model instruction a copy of the instruction to be offered will be given to opposing counsel as well as any other instructions to be offered not contained in the Virginia Model Jury Instructions.
Page 9 | F. Matters Pertaining to Trial, 1. Jury Instructions
Counsel must exchange exhibit and witness lists 15 days before trial.
Counsel will exchange a list of exhibits and witnesses fifteen days before trial.
Page 16 | Scheduling Order
Proposed jury instructions must be given to opposing counsel two days before trial.
Proposed jury instructions will be given to opposing counsel two days before trial.
Page 16 | Scheduling Order
Final orders are sent to counsel by email.
Final orders are sent to counsel by email
Page 1 | Terms of Court and General Information
Final orders are sent by regular mail to pro se parties and to counsel for whom the Clerk has no email address.
by regular mail to pro se parties and counsel for whom the Clerk has no email address.
Page 1 | Terms of Court and General Information
When both parties are self-represented, the docket clerk sets the case for trial and notifies them by mail.
If both parties are proceeding without attorneys, the docket clerk will set their cases for trial and they will be notified by mail.
Page 18 | CLERK'S CIVIL CASE MANAGEMENT INFORMATION SHEET
Self-addressed stamped envelopes are appreciated but are not required.
Self-addressed stamped envelopes are appreciated but not necessary.
Page 1 | Terms of Court and General Information
Sealing & Redaction Procedures
After the sentencing hearing, the pre-sentence report must be sealed and may not be disclosed except by court order.
after the sentencing hearing it shall be sealed and not disclosed except by order of the Court.
Criminal cases
Page 7 | I. Pre-Sentence Reports
Pre-Motion Conference Requirements
Before setting a motion hearing, counsel must attempt to confer to resolve the motion's subject and agree on a hearing date and time.
Before setting hearings on motions, counsel must attempt to confer to resolve the subject of the motion and to determine a mutually agreeable hearing date and time.
Page 8 | C. Motions and Briefs — 3. Friday Motions
Counsel must attempt to confer to resolve deposition-testimony objections before filing a motion to bring unresolved objections before the Court.
Any objections to the testimony in a deposition counsel cannot resolve will be brought before the Court by motion. Before filing any such motion counsel must attempt to confer to resolve such objections.
Page 8 | D. Discovery and Depositions to be Used at Trial — 2. Objections to Depositions
Before filing a discovery motion, counsel must make a good-faith effort to resolve the dispute with opposing counsel.
Any discovery motion filed must contain a certification that counsel has made a good faith effort to resolve the matters in controversy with opposing counsel.
Page 13 | Form 2 Scheduling Decree for Causes Referred to a Commissioner in Chancery
Objections to non-party depositions, motions in limine, and other pretrial motions requiring more than five minutes of argument must be argued before trial day, except for the motions described in paragraph 9.
Any objections to depositions of non-party witnesses, motions in limine, or other pre-trial motions (except those described in paragraph 9) requiring more than five minutes of argument must be argued before the day of trial.
Page 16 | Scheduling Order
Adjournment & Extension Requirements
When practicable, a continuance motion for a pre-assigned case is directed to its assigned judge; a motion for a case not pre-assigned must be made to one of the two civil continuance judges.
When practicable, motions to continue pre-assigned cases will be directed to the judge to whom the case is assigned. If the case has not been pre-assigned the motion must be made to one of the two civil continuance judges.
Page 2 | CIRCUIT COURT OF NORFOLK – CIVIL CONTINUANCE POLICY
A civil continuance requires good cause and Court approval.
A continuance of a civil case will only be for good cause shown and with the approval of the Court.
Page 2 | CIRCUIT COURT OF NORFOLK – CIVIL CONTINUANCE POLICY
A continuance requires good cause; agreement of counsel alone is insufficient, and reasons listed in the Court's written civil continuance policy do not normally constitute good cause.
A continuance shall be granted only for good cause and not merely by the agreement of counsel. Good cause does not normally include the reasons listed in the Court's written civil continuance policy.
Page 8 | C. Motions and Briefs — 1. To Continue
Counsel may not extend the discovery cutoff dates by agreement, except for the taking of depositions upon oral examination.
Except for the taking of depositions upon oral examination, these cut-off dates may not be extended by agreement of counsel.
Page 13 | Form 2 Scheduling Decree for Causes Referred to a Commissioner in Chancery
A continuance may be granted only by the Court or Commissioner for good cause, which normally does not include reasons listed in the written civil continuance policy.
A continuance will only be granted by the Court or Commissioner for good cause. Good cause does NOT normally include those reasons stated in the Court's written civil continuance policy.
Page 13 | Form 2 Scheduling Decree for Causes Referred to a Commissioner in Chancery
A continuance will only be granted by the Court for good cause. Good cause does NOT normally include those reasons stated in the Court's written civil continuance policy.
A continuance will only be granted by the Court for good cause. Good cause does NOT normally include those reasons stated in the Court's written civil continuance policy.
Page 15 | Scheduling Order
If the Court rejects a plea agreement, it will order a continuance to allow time to summon witnesses and assign the trial to a different judge.
A continuance will be ordered to provide sufficient time for summoning witnesses and assignment of the case to a different judge for trial.
Criminal cases
Page 6 | V.F. Plea Agreements
Continuances are granted only for good cause, which requires an unforeseen, relevant eventuality not caused by lack of preparation, timely brought to the Court's attention, and nonprejudicial to the adversary.
It is the formal policy of the Court to grant continuances only for good cause. An attorney has established good cause when the underlying eventuality is unforeseen, is not due to the lack of preparation, is relevant, is brought to the Court's attention in a timely manner, and does not prejudice the adversary.
Criminal cases
Page 6 | V.B. Continuances
Only the sentencing judge may grant a sentencing continuance unless that judge will be absent through the sentencing date; in that event, the two criminal continuance judges may grant it first, followed by the duty judge.
continuances of sentencings shall be granted only by the sentencing judge unless he will be absent until the date of sentencing in which case they may first be granted by the two criminal continuance judges, then the duty judge.
Criminal cases
Page 6 | V.B. Continuances
A continuance of a criminal case or sentencing requires good cause and court approval; request it from the assigned judge, or from the duty judge if the case is unassigned. The text refers probation-violation continuances to a separate policy.
A continuance of a criminal case or sentencing will only be for good cause shown and with the approval of the Court. If the matter is assigned the request must be made to the judge to whom the case is assigned. If the case has not been assigned the request must be made to the duty judge. Refer to paragraph 5B above for the continuance policy regarding probation violations.
Criminal cases
Page 8 | Circuit Court of Norfolk - Criminal Continuance Policy
Unnecessary delay of cases will not be permitted.
The unnecessary delay of cases will not be permitted.
Criminal cases
Page 9
Counsel should subpoena witnesses, especially experts, promptly after the trial date is set; unavailability may be foreseeable when a witness is subpoenaed only two weeks before trial.
Thus counsel should subpoena witnesses, especially expert witnesses, promptly after the trial date is set. It is reasonably foreseeable, for example, that a witness will be unavailable if he is subpoenaed only two weeks before trial.
Page 2 | CIRCUIT COURT OF NORFOLK – CIVIL CONTINUANCE POLICY
The Court may be more receptive to requests made well in advance of trial and is likely to be most unreceptive to requests made within a month of trial.
The Court may be more receptive to a continuance request made well in advance of trial, as this allows the Clerk's Office to set another case for trial on that date. The Court is likely to be most unreceptive to a continuance request made within a month of trial as there will not then be sufficient time to set another case for trial on that date.
Page 2 | CIRCUIT COURT OF NORFOLK – CIVIL CONTINUANCE POLICY
The listed circumstances, including party agreement, incomplete discovery, new counsel, and certain witness unavailability, do not normally constitute good cause for a continuance.
However, good cause for a continuance does not normally include the following: - 1. Counsel for both parties agree to the continuance. - 2. The case has never been continued before. - 3. The case has been continued once, but on the motion of the other party. - 4. Discovery has not been completed. - 5. A party has retained new counsel. - 6. A party cannot be found. - 7. A witness cannot be found and counsel cannot give satisfactory assurance to the Court that the witness can be found if the case is continued. - 8. A party wants to file a third party claim, cross-claim, or counter-claim if the existence of the claim was known at the time the trial date was set. - 9. The plaintiff has not yet recovered from injuries and the case has once been continued for that reason. - 10. A party or witness is scheduled to be on vacation, a business trip, or have elective medical care. - 11. A witness is otherwise unavailable and there is sufficient time to take his deposition. - 12. A witness is otherwise unavailable; there is not sufficient time to take his deposition; and his unavailability was reasonably foreseeable. - 13. Counsel wish to use the trial date for mediation or a settlement conference.
Page 2 | CIRCUIT COURT OF NORFOLK – CIVIL CONTINUANCE POLICY
The Court has sound discretion to grant or refuse a continuance.
The grant or refusal of a continuance rests in the sound discretion of the Court.
Page 2 | CIRCUIT COURT OF NORFOLK – CIVIL CONTINUANCE POLICY
A continuance should not be granted if the reason for the request was within the control of counsel or reasonably foreseeable.
A continuance should not be granted if the reason for the request was within the control of counsel or reasonably foreseeable.
Page 2 | CIRCUIT COURT OF NORFOLK – CIVIL CONTINUANCE POLICY
The Court may waive or modify the order’s time limits and prohibitions upon a showing of good cause.
The time limits and prohibitions in this order may be waived or modified by the Court for good cause shown.
Page 16 | Scheduling Order
A defendant seeking time to retain private counsel must present the circumstances to the presiding judge, who decides whether to grant an extension; if granted, the defendant must return on the next Grand Jury Day at 9:30 a.m. to report on counsel status.
Defendants wishing to retain private counsel present their circumstances to the presiding judge who determines whether to grant extension; if an extension is granted, the defendant is told to return to Court on the net Grand Jury Day at 9:30 a.m. to report on counsel status.
Criminal cases
Page 3 | III. CRIMINAL DOCKET CALL
Counsel should request a continuance as soon as the circumstances justifying it become known.
Continuances should be requested as soon as the circumstances justifying the continuance become known to counsel.
Criminal cases
Page 6 | V.B. Continuances
continuances of probation violations should be so requested with the duty judge;
continuances of probation violations should be so requested with the duty judge;
Criminal cases
Page 6 | V.B. Continuances
The Court does not view motions for continuance made on the morning of trial favorably.
Motions for continuance on the morning of trial are not viewed favorably.
Criminal cases
Page 6 | V.B. Continuances
Continuances of unassigned trials should be requested in writing or by telephone conference with a criminal continuance judge;
Continuances of unassigned trials should be requested in writing or by telephone conference with a criminal continuance judge;
Criminal cases
Page 6 | V.B. Continuances
If the sentencing judge is unavailable for a continuance matter, it should first be directed to the two criminal continuance judges and then to the duty judge.
In the event that the sentencing judge is unavailable and the matter concerns a continuance, it should first be directed to the two criminal continuance judges, then to the duty judge.
Criminal cases
Page 7 | H. Post-trial but Pre-Sentencing Matters
When possible, the new trial date stated in a continuance order should be within 120 days of the defendant's arrest.
If a continuance is granted, counsel must submit by the end of the next business day, to the judge who granted the continuance, an order stating the specific reason for the continuance and the new trial date (approved by the Clerk's office) which shall, if possible, be within 120 days of the defendant's arrest.
Criminal cases
Page 8 | Circuit Court of Norfolk - Criminal Continuance Policy
A continuance generally should not be granted for a reason within counsel's control or reasonably foreseeable, but may be required to bring a material defense witness before the Court to protect the defendant's fair-trial right; the text also says continuances ought to be granted when necessary by statute.
Although a continuance should not be granted if the reason for the request is within the control of counsel or reasonably foreseeable, the defendant's constitutional right to a fair trial will many times require that a continuance be granted to bring a witness material to the defense before the Court. Furthermore, by statute, continuances ought to be granted if necessary. See Virginia Code §19.2-162.
Criminal cases
Page 8 | Circuit Court of Norfolk - Criminal Continuance Policy
Good cause for a continuance does not ordinarily include the following: - 1. Counsel for both parties agree to the continuance. - 2. The case has never been continued before. - 3. The case has been continued once, but on the motion of the other party. - 4. Financial arrangements have not been satisfied. - 5. The defendant has charges pending in another Court and desires to dispose of those charges first, or the defendant has other charges pending in this Court and wishes to consolidate them. - 6. Counsel for the defendant and the Commonwealth need additional time to discuss a possible plea agreement. - 7. The defendant wants to hire a new attorney after previously declaring indigency and having received court-appointed counsel who is ready and prepared for trial. - 8. A witness who was not subpoenaed by movant is not present. - 9. Further time is needed for investigation unless, before the scheduled trial date, counsel has established to the Court's satisfaction that due diligence has been exercised and that counsel would otherwise not be prepared and ready for trial. - 10. A material witness has been subpoenaed but the subpoena return indicates "not found" and counsel has no new information or leads in locating the witness. - 11. The defendant is assisting law enforcement officers in the investigation of routine matters or is a witness for the Commonwealth or the United States in another case that has not yet been tried.
Good cause for a continuance does not ordinarily include the following: - 1. Counsel for both parties agree to the continuance. - 2. The case has never been continued before. - 3. The case has been continued once, but on the motion of the other party. - 4. Financial arrangements have not been satisfied. - 5. The defendant has charges pending in another Court and desires to dispose of those charges first, or the defendant has other charges pending in this Court and wishes to consolidate them. - 6. Counsel for the defendant and the Commonwealth need additional time to discuss a possible plea agreement. - 7. The defendant wants to hire a new attorney after previously declaring indigency and having received court-appointed counsel who is ready and prepared for trial. - 8. A witness who was not subpoenaed by movant is not present. - 9. Further time is needed for investigation unless, before the scheduled trial date, counsel has established to the Court's satisfaction that due diligence has been exercised and that counsel would otherwise not be prepared and ready for trial. - 10. A material witness has been subpoenaed but the subpoena return indicates "not found" and counsel has no new information or leads in locating the witness. - 11. The defendant is assisting law enforcement officers in the investigation of routine matters or is a witness for the Commonwealth or the United States in another case that has not yet been tried.
Criminal cases
Page 8 | Circuit Court of Norfolk - Criminal Continuance Policy
The Court is likely to be unreceptive to a continuance request made on the day of trial because it may inconvenience witnesses.
The Court is likely to be most unreceptive to a continuance request made on the day of trial as witnesses may be inconvenienced.
Criminal cases
Page 9
The Court may remove counsel from the court-appointed attorney list if it determines counsel has been dilatory.
Removal from the list of court-appointed attorneys may be ordered if the Court determines counsel has been dilatory.
Criminal cases
Page 9
The Court may affect the defendant's bond status if it determines the defendant has been dilatory.
The defendant's bond status may be affected if the Court determines the defendant has been dilatory.
Criminal cases
Page 9
When tardy discovery necessitates a continuance, the Court may impose sanctions, including charging the continuance to the Commonwealth for speedy-trial calculations.
However, where tardy submission of discoverable material necessitates a continuance, sanctions may be in order, including, but not limited to, charging the continuance to the Commonwealth for purpose of speedy trial calculations.
Criminal cases
Page 9
Good cause may include the following: - 1. The death, serious illness, or personal or family emergency of a party, material witness, or counsel. - 2. The unavoidable absence of a material witness. - 3. Counsel is not prepared for trial because of the inability of defendant and counsel to meet. However: - (A) The defendant's bond status may be affected if the Court determines the defendant has been dilatory. - (B) Removal from the list of court-appointed attorneys may be ordered if the Court determines counsel has been dilatory. - (C) Other sanctions may be used by the Court in addressing counsel's failure to be prepared. - 4. The late submission of discoverable material by the Commonwealth which necessitates further investigation or summoning of additional witnesses by the defense. However, where tardy submission of discoverable material necessitates a continuance, sanctions may be in order, including, but not limited to, charging the continuance to the Commonwealth for purpose of speedy trial calculations. - 5. The defendant was not transported to Court from a jail located outside the city's limits. - 6. A previously ordered mental evaluation has not been completed. - 7. The defendant fails to appear for trial.
Good cause may include the following: - 1. The death, serious illness, or personal or family emergency of a party, material witness, or counsel. - 2. The unavoidable absence of a material witness. - 3. Counsel is not prepared for trial because of the inability of defendant and counsel to meet. However: - (A) The defendant's bond status may be affected if the Court determines the defendant has been dilatory. - (B) Removal from the list of court-appointed attorneys may be ordered if the Court determines counsel has been dilatory. - (C) Other sanctions may be used by the Court in addressing counsel's failure to be prepared. - 4. The late submission of discoverable material by the Commonwealth which necessitates further investigation or summoning of additional witnesses by the defense. However, where tardy submission of discoverable material necessitates a continuance, sanctions may be in order, including, but not limited to, charging the continuance to the Commonwealth for purpose of speedy trial calculations. - 5. The defendant was not transported to Court from a jail located outside the city's limits. - 6. A previously ordered mental evaluation has not been completed. - 7. The defendant fails to appear for trial.
Criminal cases
Page 9
The Court may use other sanctions to address counsel's failure to be prepared for trial.
Other sanctions may be used by the Court in addressing counsel's failure to be prepared.
Criminal cases
Page 9
Chambers Communication Rules
For a brief supporting or opposing a demurrer, plea, or motion in an unassigned case, counsel must ask the docket administrator to assign the hearing to a Judge.
If a brief is filed in support of or in opposition to any demurrer, plea, or motion in any unassigned case, counsel must request that the docket administrator assign the hearing of such matter to a Judge.
Page 8 | C. Motions and Briefs — 4. Briefs
When a non-suit is taken or the case settles, counsel must notify the Clerk as provided in Norfolk Circuit Court Civil Rule 2(A)(6).
Upon the taking of a non-suit or settlement of the case, counsel will notify the Clerk as provided in Norfolk Circuit Court Civil Rule 2(A)(6).
Page 16 | Scheduling Order
When a filed case is ready to be set for trial, attorneys and self-represented litigants must contact the Civil Docket Clerk or the applicable Judicial Docket Administrator.
Once a case has been filed with the Clerk and is ready to be set for trial, attorneys or prose litigants need to contact either: CIVIL DOCKET CLERK 757-793-3641
Page 18 | CLERK'S CIVIL CASE MANAGEMENT INFORMATION SHEET
A case pre-assigned to a judge must be set with the Judicial Docket Administrator.
All cases that are pre-assigned to a certain judge must be set with the Judicial Docket Administrator: MRS. WENDY SPIVEY 757-664-4594
Page 18 | CLERK'S CIVIL CASE MANAGEMENT INFORMATION SHEET
The required notice to the Criminal Docket Clerk may be made by mail or telephone.
If counsel appointed in that Court is not on the Circuit Court's list of appointed attorneys, the appointment will not carry over to the trial in Circuit Court unless three working days before Grand Jury Day the attorney requests and receives the approval of the Circuit Court judge supervising the court-appointed list and notifies the Criminal Docket Clerk by mail or telephone.
Criminal cases
Page 2 | D. Other Counsel Appointed in Juvenile and Domestic Relations District Court
When a nonsuit is taken or the case settles, counsel must notify the Clerk and the Commissioner as provided in Norfolk Circuit Court Civil Rule 2(A)(6).
Upon the taking of a non-suit or settlement of the case, counsel will notify the Clerk and the Commissioner as provided in Norfolk Circuit Court Civil Rule 2 (A)(6).
Page 14 | Form 2 Scheduling Decree for Causes Referred to a Commissioner in Chancery
Any attorney moving to withdraw from a case should notify the Court, in writing, as expeditiously as possible, with a clear statement of the reason, to ensure that new counsel is quickly appointed or retained.
Any attorney moving to withdraw from a case should notify the Court, in writing, as expeditiously as possible, with a clear statement of the reason, to ensure that new counsel is quickly appointed or retained.
Criminal cases
Page 2 | E. Withdrawal of Counsel
Counsel in guilty-plea, sentencing, or probation-violation cases are expected to arrive punctually; if delayed, they should notify the judge or clerk's office and opposing counsel, if possible, giving the reason and likely arrival time.
Counsel appearing in cases listed on the docket as guilty pleas or for sentencings or probation violations are expected to arrive punctually unless they have notified the judge or the clerk's office and opposing counsel, if possible, of the reason for the delay and the likely time of arrival.
Criminal cases
Page 5 | V.A. Punctuality
Counsel may request by letter to the Chief Judge, with good cause, that a case be assigned, either when the case is filed or later.
At the time a case is filed, or at any time thereafter, any counsel may, by letter to the Chief Judge giving good cause, request that a case be assigned. If the Chief Judge grants the request the docket administrator will assign the case to a Judge.
Page 8 | B. Assignment by Request
Scheduling-order forms may be requested from the Clerk.
The Clerk has forms for scheduling orders available upon request.
Page 18 | CLERK'S CIVIL CASE MANAGEMENT INFORMATION SHEET
The listed email address is provided for criminal matters.
Criminal Matters:[email protected]
Page 1 | Other Contact Information
The listed email address is provided as a contact for the Clerk of Court.
EMAIL [email protected]
Page 1 | Clerk of Court
The listed email address is provided for general information.
General Information:[email protected]
Page 1 | Other Contact Information
The Clerk's Office is open from 8:45 a.m. to 4:45 p.m.; the listed phone number is (757) 389-8942.
Clerk's Office Hours 8:45AM - 4:45PM PHONE (757) 389-8942
Page 1 | Clerk of Court
Uncontested divorce hearings are held Monday through Thursday from 9:00 a.m. to 11:50 a.m. and are scheduled through the Clerk.
Uncontested divorces are heard Monday through Thursday from 9:00 a.m. to 11:50 a.m. and set through the Clerk.
Page 1 | Terms of Court and General Information
The listed email address is provided for civil matters.
Civil Matters:[email protected]
Page 1 | Other Contact Information