Norfolk Circuit Court, Virginia Filing Timing and Cure Windows

CRITICALCriminal cases

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.

CRITICAL

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.

CRITICALCriminal cases

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.

WARNING

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.

CRITICAL

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.

CRITICAL

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.

CRITICAL

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.

CRITICAL

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.

CRITICAL

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.

CRITICALCriminal cases

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

CRITICAL

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.

CRITICALCriminal cases

Deadline

3 working days

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.

CRITICAL

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.

CRITICAL

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.

CRITICAL

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.

CRITICAL

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.

CRITICAL

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.

CRITICALCriminal cases

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.

CRITICAL

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.

CRITICAL

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.

CRITICAL

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.

CRITICAL

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.

CRITICAL

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.

CRITICAL

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.

CRITICAL

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.

CRITICAL

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.

CRITICAL

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.

CRITICALCriminal cases

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.

CRITICALCriminal cases

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

CRITICALCriminal cases

Deadline

3 working days

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.

WARNINGCriminal cases

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

WARNING

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.

INFOCriminal cases

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.

INFO

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.