Norfolk Circuit Court, Virginia Document Filing Requirements

CRITICALCriminal cases

Applies to

Community service agency verification

A change in community service agency requires new written verification from the agency.

Any change of the community service agency will require a new written verification from the agency

CRITICALCriminal cases

Applies to

Scheduling or continuance order

The scheduling or continuance order must indicate the defendant’s current intention to plead guilty or not guilty and whether the defendant requests a jury or bench trial.

The order will also indicate the defendant's current intention to plead guilty or not guilty and to request a jury/bench trial.

CRITICAL

Applies to

Equitable distribution inventory

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.

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.

CRITICAL

Applies to

Scheduling order

In divorce suits, counsel must select a Clerk-approved trial date and complete, endorse, and file the scheduling order 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.

CRITICAL

Applies to

Final decree

If the Court has twice rejected the proposed final decree, counsel must appear in person to present it.

Counsel must appear in person to present the final decree if the Court has twice rejected the proposed final decree.

CRITICAL

Applies to

Scheduling order

After a continuance is granted, counsel must promptly reschedule the hearing and submit an appropriate scheduling order within fourteen days.

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.

CRITICAL

Applies to

Initial pleading

Plaintiff's counsel must attach a completed Clerk-provided civil cover sheet to the initial pleading.

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.

CRITICALCriminal cases

Applies to

Community service certification

To receive credits against fines and costs, the Clerk's Office must receive agency certification of the dates and hours worked.

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.

CRITICAL

Applies to

Exhibit and witness list

The exhibit and witness list must be filed with the Clerk when exchanged, but the exhibits themselves need not be filed at that time.

A list of exhibits and witnesses will be filed with the Clerk of Court simultaneously therewith but the exhibits need not then be filed.

CRITICAL

Applies to

Child support guidelines worksheet

Counsel for each party present at a trial or hearing must present a completed child support guidelines worksheet.

Counsel for each party present at the trial or hearing will present a completed child support guidelines worksheet.

CRITICAL

Applies to

Expert witness identification

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.

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.

CRITICALCriminal cases

Applies to

Scheduling order

The scheduling order must be prepared and signed by defense counsel and the Commonwealth’s Attorney, and by the defendant if practical, and must indicate the agreed trial, discovery, and motion dates.

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.

CRITICAL

Applies to

Substitution of counsel order

An order substituting counsel must state any existing trial or Commissioner in Chancery hearing date and whether new counsel is available on that date.

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.

CRITICAL

Applies to

Exhibit and witness lists

If the Commissioner orders it, counsel must exchange exhibits and a witness list 15 days before the hearing and file the exhibit and witness lists with the Clerk at the same time; the exhibits themselves need not then be filed.

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.

CRITICALCriminal cases

Applies to

Community service agency verification

The Court must receive written agency verification of approval, intended work hours, and the type of community service.

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.

CRITICALCriminal cases

Applies to

Plea agreement

Before the case is called, defense counsel must thoroughly review the written plea agreement and, if used, the written stipulation of Commonwealth's evidence and advice-of-rights form with the defendant, and the documents must be signed.

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.

CRITICALCriminal cases

Applies to

Motion to suppress

Furthermore, the evidence sought to be suppressed and the grounds for suppression shall be specifically stated.

Furthermore, the evidence sought to be suppressed and the grounds for suppression shall be specifically stated.

CRITICAL

Applies to

Discovery motion

Must include

certificate of conference

A discovery motion must include a certification that counsel made 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.

CRITICALCriminal cases

Applies to

Scheduling order

Appointed counsel and the assigned prosecutor must submit a scheduling order by 2:00 p.m. on the day before the next Docket Call.

Appointed counsel and the assigned prosecutor are to submit a scheduling order by 2:00 p.m. the day before the next Docket Call.

CRITICAL

Applies to

Final order

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.

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.

CRITICAL

Applies to

Scheduling order

When the plaintiff is self-represented and the defendant has counsel, the defendant's attorney must submit a scheduling order.

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.

CRITICAL

Applies to

Scheduling order

When both parties are represented, the plaintiff's attorney must submit a scheduling order within the time prescribed by Civil Rule 2(A)(3).

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).

CRITICAL

Applies to

Jury instructions

At trial, counsel must give the judge originals of agreed instructions and copies of contested instructions with appropriate citations.

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.

CRITICAL

Applies to

Order

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.

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.

CRITICAL

Applies to

Scheduling order

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.

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.

CRITICAL

Applies to

Jury instructions

At the beginning of a civil jury trial, counsel must give the Judge originals of agreed instructions and copies of contested instructions annotated with the supporting authority.

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.

CRITICALCriminal cases

Applies to

Scheduling and continuance orders

Attorneys must submit scheduling and continuance orders to the Criminal Docket Clerk by 2:00 p.m. on the day before Criminal 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.

CRITICAL

Applies to

Final order

An order described in Supreme Court Rule 1:1(b) must be titled “Final Order.”

To assist the Clerk in closing concluded cases, an order described in Supreme Court Rule 1:1(b) will be titled "Final Order."

CRITICALCriminal cases

Applies to

Continuance order

After a continuance is granted, counsel must submit an order to the granting judge by the end of the next business day; the order must state the specific reason and the Clerk's-office-approved new trial date, which should be within 120 days of arrest if possible.

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.

CRITICAL

Applies to

Order

If a continuance is granted and the Court does not prepare the order, counsel must submit it within fourteen days.

If a continuance is granted and the Court does not prepare the order, counsel must submit the order within fourteen days.

CRITICAL

Applies to

Exhibit list

Exhibits must be identified individually; a general description such as “all medical records” is insufficient.

Exhibits will be listed individually; for example, "all medical records" will not suffice.

CRITICAL

Applies to

Verdict form

Plaintiff's counsel must prepare a verdict form substantially similar to Form 1, and any counsel proposing a different form must prepare it.

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.

CRITICAL

Applies to

Scheduling order

Scheduling orders are mandatory in most civil cases.

scheduling orders are mandatory in most cases.

CRITICAL

Applies to

Scheduling order

In covered unassigned cases, counsel must select a Clerk-approved trial date and complete, endorse, and file the scheduling order 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.

CRITICAL

Applies to

Expert witness disclosure

If expert identification is requested in discovery, plaintiff's counsel must identify experts 90 days before the hearing and defendant's counsel 60 days before; the identification must include the information discoverable under Rule 4:1(b)(4)(A)(I), and ordinarily no separate court filing is required.

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.

CRITICAL

Applies to

Scheduling order

Plaintiff's counsel must prepare and circulate the scheduling order, but defendant's counsel must do so if the plaintiff is pro se.

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.

CRITICAL

Applies to

Divorce trial documents

Must include

proposed order

Before trial begins, counsel must present a proposed final divorce decree, form VS-4, and any separation agreement.

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.

CRITICALCriminal cases

Applies to

Court order

If a change of community service agency is approved, a new Court Order is required.

Any change of the community service agency will require a new written verification from the agency and, if approved, a new Court Order.

CRITICALCriminal cases

Applies to

Court order

Upon judicial approval, the Court will enter an order specifying that the defendant may discharge fines and costs through community service.

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.

WARNING

Applies to

Final decree

If neither party lives in Norfolk and the decree addresses specified custody, visitation, or support matters, it must contain a transfer clause under Code of Virginia §20-79(c), subject to the stated exception.

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).

WARNING

Applies to

Final decree

Final decrees must conform to the requirements of this section unless the Court directs otherwise in a particular suit.

Except as the Court may otherwise direct in a particular suit, final decrees will conform to this section.

WARNING

Applies to

Appropriate pleading

For a plaintiff or an appearing defendant, spousal support or equitable distribution may be awarded or reserved only if requested in the appropriate pleading or an amendment.

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.

WARNING

Applies to

Final decree

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.

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.

WARNINGCriminal cases

Applies to

Pre sentence report

The pre-sentence report must be made part of the record as required by statute, but it is not evidence in the case.

The report shall be made a part of the record as required by statute, but not as evidence in the case,

WARNINGCriminal cases

Applies to

Plea agreement

A plea agreement offered after an earlier agreement was rejected must state that a previous plea agreement was submitted.

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.

WARNING

Applies to

Final decree

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).

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).

WARNING

Applies to

Scheduling order

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.

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.

WARNING

Applies to

Scheduling order

The scheduling-order form for suits heard by a Commissioner in Chancery is Form 2; acceptable forms for other cases include Form 3 or the forms in the Appendix to Part One of the Virginia Supreme Court Rules.

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.

WARNING

Applies to

Cover letter

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).

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].

INFO

Applies to

Scheduling order

A scheduling order is not required when all parties are proceeding pro se.

When all parties in a case are proceeding pro se, no scheduling order will be required.