Norfolk Circuit Court, Virginia Adjournment & Extension Requirements

CRITICALCriminal cases

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.

CRITICAL

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.

CRITICALCriminal cases

Unnecessary delay of cases will not be permitted.

The unnecessary delay of cases will not be permitted.

CRITICALCriminal cases

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.

CRITICAL

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.

CRITICAL

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.

CRITICAL

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.

CRITICAL

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.

CRITICALCriminal cases

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.

CRITICAL

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.

CRITICALCriminal cases

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.

WARNINGCriminal cases

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.

WARNINGCriminal cases

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.

WARNINGCriminal cases

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.

WARNINGCriminal cases

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.

WARNINGCriminal cases

continuances of probation violations should be so requested with the duty judge;

continuances of probation violations should be so requested with the duty judge;

WARNINGCriminal cases

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.

WARNINGCriminal cases

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.

WARNINGCriminal cases

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.

WARNINGCriminal cases

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.

WARNINGCriminal cases

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.

WARNING

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.

WARNING

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.

WARNINGCriminal cases

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;

WARNING

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.

WARNINGCriminal cases

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.

WARNINGCriminal cases

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.

WARNINGCriminal cases

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.

WARNINGCriminal cases

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.

WARNING

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.

WARNING

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.

WARNING

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.