Nottoway County Circuit Court, Virginia
Court-Level Rules, Filing Procedures & Policies
- Rules last changed:
Limits & Logistics
Document Limits
Adjournments
- Requests to continue cases or Term Day appearances must be made by written motion filed with the clerk.
- A sudden medical emergency or death involving a party, counsel, or subpoenaed material witness, and late-arising circumstances likely to cause undue hardship or a possible miscarriage of justice, are generally deemed sufficient grounds for a continuance.
- The listed circumstances—including party agreement, incomplete discovery, new counsel, an un-subpoenaed witness's unavailability, and certain scheduling or witness conflicts—are generally deemed insufficient grounds for a continuance, subject to the stated exception for a Commonwealth discovery-order violation and timely notice of a witness conflict.
- +9 more
Request must include
Communication
Phone
Page & Word Limits1 rule
Absent leave of court, the length of a brief shall not exceed twenty (20) pages, double-spaced.
- Brief
- Up to 20 pages
Exception
More pages with leave of court
Document Format Requirements1 rule
Absent leave of court, the length of a brief shall not exceed twenty (20) pages, double-spaced.
- Line spacing
- Double
- Brief
Formatting
- •Absent leave of court
Document Filing Requirements32 rules
Defense Counsel shall complete and submit a request for Transportation Order for incarcerated clients to the clerk immediately after the hearing or scheduling date.
A copy of the warrant from the lower court must accompany the written motion. The motion must state the case numbers) from the General District Court or Juvenile & Domestic Relations Court, the next court date and hearing time, the date of the alleged offenses), and the present bond for each of the charges.
Counsel, and defendant will complete the form continuance order at the hearing for entry by the Court.
It is the responsibility of the Commonwealth to notify the Clerk and prepare a request for transportation order for any prosecution witness who is incarcerated.
The Court requires that all jury trials shall have a pre-trial scheduling order entered on a form provided by the Court which is appended in the Criminal Forms section.
It is the responsibility of defense counsel to advise the Clerk and the Commonwealth's Attorney in a timely fashion of the facility in which the defendant is incarcerated, complete and submit a request for transportation order to the clerk.
The Commonwealth must prepare the sentencing guidelines and a guideline worksheet for submission with the plea agreement.
Any proposed amendment to the indictment must be written before the case is called for trial.
Court's wording
The Commonwealth must obtain a photocopy of the indictment from the clerk or through OCRA prior to the trial date and write the proposed amendment to the indictment prior to calling the case for trial.
Plea agreements must be in writing and signed by the parties prior to the calling of the case for trial.
The moving party must prepare a proposed order authorizing the court reporter and transcription and obtain endorsement of opposing counsel.
A party requesting authorization for a court reporter at the preliminary hearing of a case in the District Court must file a written motion detailing the nature of the pending charges and the necessity for preservation of the testimony at the preliminary hearing.
A party requesting an appeal must file a notice of appeal in the form required by the Rules of the Supreme Court.
A party noticing and appeal must also file a proposed order for the preparation of trial transcripts indicating the dates of each hearing and trial that are at issue for the appeal.
Motions for bond pending appeal must be filed in writing and scheduled for a hearing date separate from the sentencing hearing.
The parties shall prepare the pretrial scheduling orders for Term Day or when the case is scheduled outside of Term Day.
A motion to continue must be accompanied by a proposed order.
- Document
- Motion to continue
Must include
- •Proposed order
Court's wording
Once a motion hearing or trial is scheduled and docketed by the Court, then a party moving to continue must file a written motion and proposed order with endorsement of opposing parties or counsel prior to the scheduled hearing or trial date.
Plaintiff's counsel or an unrepresented plaintiff must prepare a verdict form.
Court's wording
It shall be the duty of counsel for the plaintiff or an unrepresented plaintiff to prepare a verdict form and to provide opposing counsel or unrepresented party a copy thereof at the time of exchange of instructions.
Orders reflecting the Court's ruling should be prepared promptly or submitted at the time of the ruling and shall reflect the date the ruling was rendered or the matter heard.
Five (5) days prior to the pretrial conference the Pretrial Conference Brief and all worksheets and forms that are applicable to the case must be completed and exchanged by counsel and filed with the court.
If child custody, visitation, or support is contested, the parents must show before trial that they attended the required educational seminar.
Court's wording
If a child's custody, visitation or support is contested, the parents shall, prior to the trial date, show proof that they have attended an educational seminar on the resolution and financial responsibilities pursuant to Virginia Code § 20-13.
Counsel must file the applicable required worksheets and forms with the Court and opposing counsel no later than 30 days before trial and before the pretrial conference.
Court's wording
4. Required Worksheets and Forms. Counsel shall file with the Court and opposing counsel not later than Thirty (30) days prior to trial and before the pretrial conference all worksheets and forms required by the Court applicable to the issues in this case: The Monthly Income and Expense Statement of each party, Child Support Guideline Worksheets and Proposed Equitable Distribution Schedules.
J. Motions to Re-instate a Case. Parties filing a motion to re-instate a case on the docket for previously concluded chancery matters shall file the motion to re-instate, affidavit or sworn pleading, and order to re-instate.
If the matter involves a show cause, then the motion and order to show cause must be filed for the court to consider.
5. Appointment of Guardian ad Litem. The parties shall immediately file any request for the Appointment of a Guardian ad Litem providing in the motion the basis for appointment pursuant to Virginia Code §16.1-266.
Motions should also include citations to any cases, statutes or Rules of court relied upon by the moving party.
Likewise, the party opposing the motion should provide a written response with citations.
A written motion and notice should be filed with the Clerk with copies to opposing counsel.
In the event the parties reach an agreement, the Court expects the parties to present the written agreement and sentencing guidelines on a criminal bench trial docket prior to the scheduled jury trial.
The Clerk must be advised of defendant's name, the court date, and the language (and dialect, if necessary) of the non-English speaking defendant/witness.
The parties should prepare these orders in advance of calling the case for presentation and entry by the Court.
Defense counsel is expected to continue representing the defendant through the appeal stages unless the Court enters an order relieving counsel upon written motion and hearing.
The Court should be provided with medical records or reports that allow the court to determine the nature and extent of injuries, the nature and course of treatment, the resolution of the injury, the existence of any permanent injury, and the necessity of any future treatment.
Filing & Service rules
Filing Timing and Cure Windows
The listed motions must be filed in writing at least 30 days before trial.
Motions to suppress, compel discovery, joinder, sever, appoint experts, and lengthy in limine shall be filed in writing no less than 30 days prior to trial.
Page 3 | C. Motions and other pretrial matters
Requested docket additions, except bond motions and advisements, must be completed with notice to the Clerk by 3:00 p.m. two days before the docket unless the Presiding Judge authorizes otherwise.
The parties must complete any requested additions to a docket (except bond motions and advisements) with notice to the Clerk by 3:00 p.m. two days before the requested docket, unless authorized by the Presiding Judge.
Page 4 | C. Motions and other pretrial matters
The pretrial hearing must be scheduled at least 10 days before the jury trial.
A pretrial hearing must be scheduled on a date no less than ten (10) days prior to the jury trial.
Page 4 | D. Jury Trial Requests
Witness subpoena requests must be submitted to the clerk immediately after a trial date is agreed to or scheduled, and at least 10 days before trial.
The parties must submit witness subpoena requests to the clerk immediately after a trial date is agreed to by counsel or scheduled. The requesting party must submit the subpoena request no less than ten (10) days prior to the trial date.
Page 5 | G. Witnesses
An order prepared after the hearing must be presented by the parties at the next Term Day, with counsel appearing, unless the Court enters it before that date.
Orders prepared after the hearing will be scheduled for presentation by the parties at the next Term Day with appearance of counsel required unless entered by the Court prior to the Order presentation date.
Page 9 | D. Orders and Dismissal
Absent leave of court, when a supporting brief is five pages or fewer, the required notice and brief must be filed and served at least 10 days before the hearing.
Absent leave of court, if a brief in support of a motion is five (5) or fewer pages in length, the required notice and the brief shall be filed and served at least ten (10) days before the hearing
Page 9 | 4. Filing and Service of Briefs
Counsel or unrepresented parties must deliver the final order to the Clerk within 30 days after a non-suit or final settlement.
Within thirty (30) days of the taking of a non-suit or a final settlement, counsel for the parties or unrepresented parties shall deliver the final order to the Clerk.
Page 9 | D. Orders and Dismissal
Absent leave of court, when a supporting brief is five pages or fewer, an opposition brief must be filed and served at least five days before the hearing.
Absent leave of court, if a brief in support of a motion is five (5) or fewer pages in length, the required notice and the brief shall be filed and served at least ten (10) days before the hearing and any brief in opposition to the motion shall be filed and served at least five (5) days before the hearing.
Page 9 | 4. Filing and Service of Briefs
Petitions and the appropriate Clerk’s fees must be submitted before a hearing date is assigned.
All petitions must be filed with payment of appropriate Clerk's fees before a hearing date is assigned.
Page 10 | E. Settlements Involving Infants and Others Under Disability
The applicable pretrial conference materials must be completed and filed five days before the conference.
Five (5) days prior to the pretrial conference the Pretrial Conference Brief and all worksheets and forms that are applicable to the case must be completed and exchanged by counsel and filed with the court.
Page 10 | G. Contested Divorce and Equitable Distribution Cases
The presentence report and guidelines must be submitted at least 5 days before the sentencing hearing.
The probation officer shall submit the presentence report and guidelines no less than 5 days before the sentencing hearing.
Page 5 | J. Sentencing Hearings
The parties are expected to file motions or objections requiring a hearing before the scheduled sentencing.
The parties are expected to file any motions or objections for a hearing in advance of the scheduled sentencing to avoid inconvenience to sentencing witnesses.
Page 5 | J. Sentencing Hearings
Briefs should be filed with the Clerk and served sufficiently before the hearing for the Court to consider the issues.
Any such briefs should be filed with the Clerk and served on opposing counsel of record sufficiently before the hearing to allow the Court to consider the issues involved.
Page 9 | 4. Filing and Service of Briefs
Orders reflecting the Court's ruling should be prepared promptly or submitted at the time of the ruling and shall reflect the date the ruling was rendered or the matter heard.
Orders reflecting the Court's ruling should be prepared promptly or submitted at the time of the ruling and shall reflect the date the ruling was rendered or the matter heard.
Page 9 | D. Orders and Dismissal
Service and Proof of Service Rules
Plaintiffs requesting service by a Virginia Sheriff must provide complete information to the clerk.
Plaintiffs seeking service by a Virginia Sheriff must provide complete information to the clerk.
Page 6 | Docket Control Procedures and Local Rules in Civil Actions — General Procedures
Counsel must exchange proposed jury instructions and provide copies or references to the Clerk at least 48 hours before trial, but may offer additional instructions at trial when reasonable.
Counsel shall exchange copies of proposed instructions and provide copies of such instructions or the references thereto to the Clerk at least forty-eight (48) hours before trial. This rule shall not preclude the offering of additional instructions at trial where reasonable.
Page 8 | Jury Instructions
Plaintiff's counsel or an unrepresented plaintiff must provide the opposing counsel or unrepresented party a copy of the verdict form when instructions are exchanged.
It shall be the duty of counsel for the plaintiff or an unrepresented plaintiff to prepare a verdict form and to provide opposing counsel or unrepresented party a copy thereof at the time of exchange of instructions.
Page 8 | Verdict Forms
Absent leave of court, when a supporting brief is five pages or fewer, the required notice and brief must be served at least 10 days before the hearing.
Absent leave of court, if a brief in support of a motion is five (5) or fewer pages in length, the required notice and the brief shall be filed and served at least ten (10) days before the hearing
Page 9 | 4. Filing and Service of Briefs
Reasonable notice of a motion’s presentation must be served on counsel of record and unrepresented parties.
Reasonable notice of presentation of a motion shall be served on counsel of record and unrepresented parties.
Page 9 | 3. Motions in general
Absent leave of court, when a supporting brief is five pages or fewer, an opposition brief must be served at least five days before the hearing.
Absent leave of court, if a brief in support of a motion is five (5) or fewer pages in length, the required notice and the brief shall be filed and served at least ten (10) days before the hearing and any brief in opposition to the motion shall be filed and served at least five (5) days before the hearing.
Page 9 | 4. Filing and Service of Briefs
Counsel must exchange the applicable pretrial conference materials five days before the conference.
Five (5) days prior to the pretrial conference the Pretrial Conference Brief and all worksheets and forms that are applicable to the case must be completed and exchanged by counsel and filed with the court.
Page 10 | G. Contested Divorce and Equitable Distribution Cases
For the show-cause matter, the Clerk must have the defendant served and enter the hearing date on CCMS.
The Clerk shall have the defendant served and place the hearing date on CCMS.
Page 11 | J. Motions to Re-instate a Case
Counsel must exchange exhibit and witness lists and any exhibits not previously produced in discovery 30 days before trial and before the pretrial conference; unlisted evidence is generally excluded, subject to the stated exceptions.
3. Exhibit and Witness List. Counsel shall exchange Thirty (30) days before trial and before the pretrial conference a list specifically identifying each exhibit to be introduced at trial, copies of any exhibits not previously supplied in discovery, and a list of witnesses proposed to be introduced at trial. Any exhibit or witness not so identified will not be received in evidence, except in rebuttal or for impeachment or unless the admission of such exhibit or testimony of the witness would cause no surprise or prejudice to the opposing party and the failure to list the exhibits or witness was through inadvertence.
Page 11 | 3. Exhibit and Witness List
The court mails certified orders to counsel or moving litigants and, on request or court order, to other parties; counsel and litigants are asked to provide a self-addressed stamped envelope.
Certified copies of orders are mailed, via US mail, to counsel/moving litigants. Certified copies of orders are mailed to all other parties upon request or as directed by a Court order. It is requested that counsel/litigants provide a self-addressed stamped envelope.
Page 1 | Terms of Court and General Information
The party requesting a witness subpoena must verify the return of service before trial.
It is the responsibility of the requesting party to verify the return of service prior to the trial date.
Page 5 | G. Witnesses
Plaintiffs filing civil complaints are expected to diligently attempt timely service of process on defendants.
The Court expects plaintiff's filing civil complaints to exercise diligence in attempting timely service of process on defendant(s).
Page 6 | Docket Control Procedures and Local Rules in Civil Actions — General Procedures
Filing Fees and Waivers
Petitions must be filed with the appropriate Clerk’s fees before a hearing date is assigned.
All petitions must be filed with payment of appropriate Clerk's fees before a hearing date is assigned.
Page 10 | E. Settlements Involving Infants and Others Under Disability
Pre-Motion Conference Requirements
The clerk must refuse a request to schedule a motion hearing less than 7 days after filing unless the Court instructs otherwise.
The clerk shall refuse any request to schedule a hearing on a motion less than 7 days from the motion filing date, unless instructed to do so by the Court.
Page 3 | C. Motions and other pretrial matters
A defendant's bond motion is scheduled with the Commonwealth after the defendant files a written motion and notice is received by the clerk and Commonwealth's Attorney.
Bond Motions are scheduled with the Commonwealth after filing a written motion by defendant with notice received by the clerk and Commonwealth's Attorney.
Page 3 | C. Motions and other pretrial matters
The parties are directed to schedule an election hearing within three weeks of counsel appointment or Term Day.
Parties are directed to schedule an election hearing within three weeks of counsel appointment or Term Day.
Page 3 | C. Motions and other pretrial matters
Hearings on competency and sanity evaluation motions must be scheduled at least 60 days before trial.
Motions for evaluation of competency and sanity must be scheduled for a hearing no less than 60 days prior to trial.
Page 3 | C. Motions and other pretrial matters
Opposing counsel has 7 days to respond in writing, and no hearing may occur before that response period expires.
Opposing counsel shall have 7 days to respond in writing. No hearing will be conducted until the period to respond has expired.
Page 3 | C. Motions and other pretrial matters
For hearings not scheduled at Term Day, the responding party must have at least 7 days to reply, except for bond motions.
Hearings not scheduled at Term Day must allow the responding party no less than 7 days to reply to the motion, except bond motions.
Page 3 | C. Motions and other pretrial matters
Counsel and unrepresented parties must make a reasonable effort to confer about resolving the motion and selecting a mutually agreeable hearing date and time.
Counsel or unrepresented parties shall make a reasonable effort to confer to resolve the subject of the motion and to determine a mutually agreeable hearing date and time.
Page 9 | 3. Motions in general
The election hearing is recommended as the optimal date to present a plea agreement.
The election hearing is the optimal date to present a plea agreement since this eliminates the need for witnesses to appear on the trial date when a plea agreement is reached.
Page 3 | C. Motions and other pretrial matters
The parties may schedule other motions on the election hearing date to reduce appearances.
Parties may also schedule other motions on the election hearing date to reduce the number of appearances.
Page 3 | C. Motions and other pretrial matters
Adjournment & Extension Requirements
Requests to continue cases or Term Day appearances must be made by written motion filed with the clerk.
All requested to continue cases or appearances at term day must be by written motion filed with the clerk.
Page 1 | Terms of Court and General Information
Only the Court may continue a case or excuse subpoenaed witnesses; parties must not excuse those witnesses without prior Court approval.
Only the Court can continue a case, and only the Court can excuse witnesses under subpoena. Therefore, the parties must not excuse witnesses without prior Court approval.
Page 2 | B. Continuance Policy
A continuance of a set trial date will be granted only for good cause.
Once a case has been set for trial, a continuance of that trial date will be granted only for good cause.
Page 2 | B. Continuance Policy
A hearing or trial is continued, and parties are released from appearing, only after the Presiding Judge enters the proposed order or otherwise notifies the parties through the Court Administrator.
The hearing or trial will only be continued and parties released from appearing after the Presiding Judge has entered the proposed order or otherwise notified the parties through the Court Administrator.
Page 8 | Motion to Continue
After a motion hearing or trial is scheduled and docketed, a party seeking a continuance must file a written motion and proposed order endorsed by opposing parties or counsel before the scheduled date.
Once a motion hearing or trial is scheduled and docketed by the Court, then a party moving to continue must file a written motion and proposed order with endorsement of opposing parties or counsel prior to the scheduled hearing or trial date.
Page 8 | Motion to Continue
A continuance may be granted only for good cause.
A continuance shall be granted only for good cause.
Page 8 | Motion to Continue
A Judicial Settlement Conference will not postpone a trial date that has already been set.
The JSC will not postpone a trial date if one is already set.
Page 10 | F. Judicial Settlement Conferences
Once a case is set for trial, a continuance will be granted only for good cause, and requests should be made in writing as early as possible before trial.
A. Docket Control Procedures regarding Continuances: Once a case has been set for trial, a continuance of that trial date will be granted only for good cause. All requests for continuances should be made in writing at the earliest possible time in advance of the trial date.
Page 12 | Continuance Policy
Continuance requests should be made in writing and scheduled for hearing as early as possible before the trial date.
All requests for continuances should be made in writing and scheduled for hearing at the earliest possible time in advance of the trial date.
Page 2 | B. Continuance Policy
A continuance does not change scheduling-order cut-off dates, including discovery and witness or exhibit-list deadlines, unless the Court specifically modifies the order.
The granting of a continuance does not otherwise affect the scheduling order as to cut-off dates for discovery, filing of witness and exhibit lists, etc., unless the Court specifically modifies the scheduling order.
Page 8 | Continuance
The listed circumstances—including party agreement, incomplete discovery, new counsel, an un-subpoenaed witness's unavailability, and certain scheduling or witness conflicts—are generally deemed insufficient grounds for a continuance, subject to the stated exception for a Commonwealth discovery-order violation and timely notice of a witness conflict.
C. Grounds for Continuance Generally Deemed Insufficient 1. the case has not previously been continued; 2. the parties agree to continue; 3. the case probably will settle if a continuance is granted; 4. discovery has not been completed; 5. new counsel has entered an appearance in the case or a party wants to retain new counsel; 6. unavailability of a witness who has not been subpoenaed; 7. plaintiff has not yet fully recovered from injuries when there is no competent evidence available as to when plaintiff will be fully recovered; 8. a party or counsel is unprepared to try the case for reasons including, but not limited 9. the failure to schedule suppression motions on a timely basis unless the Commonwealth failed to comply with a discovery order; or 10. a police officer or other witness is either in training or is scheduled to be on vacation, unless the Court is advised of the conflict soon after the case is scheduled and sufficiently in advance of the trial date.
Page 12 | Continuance Policy
A sudden medical emergency or death involving a party, counsel, or subpoenaed material witness, and late-arising circumstances likely to cause undue hardship or a possible miscarriage of justice, are generally deemed sufficient grounds for a continuance.
B. Grounds for Continuances Generally Deemed Sufficient 1. sudden medical emergency (not elective medical care) or death of a party, counsel, or material witness who has been subpoenaed; 2. facts or circumstances arising or becoming apparent too late in the proceedings to be fully corrected and which, in the view of the Court, would likely cause undue hardship or possibly miscarriage of justice if the trial is required to proceed as scheduled.
Page 12 | Continuance Policy
Chambers Communication Rules
Before trial, the Commonwealth must obtain a photocopy of the indictment from the clerk or through OCRA and write any proposed amendment before the case is called.
The Commonwealth must obtain a photocopy of the indictment from the clerk or through OCRA prior to the trial date and write the proposed amendment to the indictment prior to calling the case for trial.
Page 5 | Amendments to Indictment
When required, a pretrial conference must be scheduled with the Court Administrator at least 30 days before trial.
When a pretrial conference is required, it shall be scheduled with the Court Administrator no less than Thirty (30) days prior to trial.
Page 10 | G. Contested Divorce and Equitable Distribution Cases
If a JSC referral is granted, the lawyers must select a judge from the approved online list and contact that judge to schedule the hearing.
If granted, the lawyers shall select the JSC Judge they want from the approved list found online and contact the Judge who will schedule it for hearing.
Page 10 | F. Judicial Settlement Conferences
The petitioner must contact the Court Administrator to schedule the show-cause hearing so the date and time can be included in the Order to Show Cause.
The petitioner shall contact the Court Administrator to schedule a hearing date on the show cause in order to include the date and time in the Order to Show Cause.
Page 11 | J. Motions to Re-instate a Case
Civil bench cases may be scheduled by agreement through the Court Administrator by phone or by the parties appearing at Term Day.
Civil bench cases are scheduled by agreement of the parties through the Court Administrator (804)733-2423 or [email protected] or by appearance of the parties at Term Day.
Page 1 | Terms of Court and General Information
The parties schedule single-day criminal and civil jury trials by agreement through the Court Administrator, including by phone.
All criminal and civil single day jury trails are scheduled by agreement of the parties through the Court Administrator (804)733-2423 or [email protected].
Page 1 | Terms of Court and General Information
A defense attorney who learns an interpreter is needed should contact the Clerk as early as possible and no later than 10 business days before trial or a hearing.
It is the responsibility of the defense attorney who becomes aware that his or her client or witness does not speak English or is hearing impaired to contact the Clerk to request an interpreter. The request should be made at the earliest possible opportunity, but no later than 10 business days before the trial or hearing.
Page 5 | F. Interpreters
Plaintiffs who will use private process service or service by publication should communicate that method to the clerk.
Plaintiffs who will use private process service or service by publication should communicate that method to the clerk.
Page 6 | Docket Control Procedures and Local Rules in Civil Actions — General Procedures
Direct all scheduling questions to the Court Administrator; the Clerk is not authorized to schedule or continue cases.
All scheduling questions must be directed to the Court Administrator since the Clerk does not have the Court's permission to schedule or continue cases.
Page 7 | Trial Dates and Scheduling Orders
Parties seeking a trial of one day or less are invited to contact the Court Administrator by email to schedule before Term Day; if scheduled 24 hours before Term Day, the Administrator may excuse their appearance.
The Court invites parties seeking a trial lasting one day or less to contact the Court Administrator at 11circuit@vacourts.gov to schedule the trial in advance of the Term Day. If the parties schedule the trial 24 hours prior to the Term Day, then the Court Administrator has the Court's permission to excuse the parties from appearing.
Page 7 | Trial Dates and Scheduling Orders
After a responsive pleading or proper papers in a District Court appeal are filed, counsel for all parties are encouraged to email the Court Administrator to preset the case for trial.
Upon the filing of a responsive pleading to a complaint or the proper papers in a case appealed from a District Court, counsel for all parties are encouraged to contact the Court Administrator, 11circuit@vacourts.gov to preset the case for trial.
Page 7 | Cases in Which One or All Parties are Represented by Counsel
A trial may be scheduled with the Court Administrator before the scheduling conference.
Trial may be scheduled with the Court Administrator prior to the scheduling conference.
Page 8 | Scheduling conference
Counsel of record may contact the Court Administrator to schedule hearings on written motions.
Counsel of record may schedule hearings on written motions by contacting the Court Administrator.
Page 9 | 3. Motions in general