Nottoway County Circuit Court, Virginia Adjournment & Extension Requirements

CRITICAL

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.

CRITICAL

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.

CRITICAL

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.

CRITICAL

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.

CRITICAL

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.

CRITICAL

A continuance may be granted only for good cause.

A continuance shall be granted only for good cause.

CRITICAL

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.

CRITICAL

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.

WARNING

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.

WARNING

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.

WARNING

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.

WARNING

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.