Nottoway County Circuit Court, Virginia Document Filing Requirements

CRITICAL

Applies to

Transportation order request

Defense counsel must submit a Transportation Order request for an incarcerated client to the clerk immediately after the hearing or scheduling date.

Defense Counsel shall complete and submit a request for Transportation Order for incarcerated clients to the clerk immediately after the hearing or scheduling date.

CRITICAL

Applies to

Pretrial conference materials

The applicable Pretrial Conference Brief, worksheets, and forms must be completed, exchanged by counsel, and filed with the court five days before the pretrial 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.

CRITICAL

Applies to

Motion to continue

Must include

proposed order

A motion to continue must be accompanied by a proposed order.

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

Applies to

Bond appeal motion

A bond appeal motion must include a copy of the lower-court warrant and state the lower-court case number or numbers, next court date and hearing time, alleged offense dates, and present bond for each charge.

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.

CRITICAL

Applies to

Continuance order

Counsel and the defendant are to complete the form continuance order at the hearing for the Court to enter.

Counsel, and defendant will complete the form continuance order at the hearing for entry by the Court.

CRITICAL

Applies to

Order

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.

CRITICAL

Applies to

Transportation order request

The Commonwealth must notify the Clerk and prepare a transportation-order request for any incarcerated prosecution witness.

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.

CRITICAL

Applies to

Verdict form

Plaintiff's counsel or an unrepresented plaintiff must prepare a verdict form.

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.

CRITICAL

Applies to

Plea agreement

The Commonwealth must prepare the sentencing guidelines and a guideline worksheet and submit them with the plea agreement.

The Commonwealth must prepare the sentencing guidelines and a guideline worksheet for submission with the plea agreement.

CRITICAL

Applies to

Court required worksheets and forms

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.

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.

CRITICAL

Applies to

Motion to reinstate

A party seeking to reinstate a previously concluded chancery matter must file the reinstatement motion, an affidavit or sworn pleading, and an order to reinstate.

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.

CRITICAL

Applies to

Pretrial scheduling order

Every jury trial must have a pre-trial scheduling order entered using the Court-provided form.

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.

CRITICAL

Applies to

Proposed order

The moving party must prepare a proposed order authorizing the reporter and transcription and obtain opposing counsel’s endorsement.

The moving party must prepare a proposed order authorizing the court reporter and transcription and obtain endorsement of opposing counsel.

CRITICAL

Applies to

Proposed indictment amendment

Any proposed amendment to the indictment must be written before the case is called for trial.

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.

CRITICAL

Applies to

Plea agreement

Plea agreements must be written and signed by the parties before the case is called for trial.

Plea agreements must be in writing and signed by the parties prior to the calling of the case for trial.

CRITICAL

Applies to

Court reporter motion

A request for a court reporter at a District Court preliminary hearing must be made by written motion detailing the pending charges and why preserving the testimony is necessary.

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.

CRITICAL

Applies to

Transportation order request

Defense counsel must timely advise the Clerk and Commonwealth's Attorney where the defendant is incarcerated and submit a transportation-order request to the clerk.

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.

CRITICAL

Applies to

Pretrial scheduling order

The parties must prepare pretrial scheduling orders for Term Day or for a case scheduled outside Term Day.

The parties shall prepare the pretrial scheduling orders for Term Day or when the case is scheduled outside of Term Day.

CRITICAL

Applies to

Show cause motion

For a reinstatement matter involving a show cause, the motion and order to show cause must be filed for the Court to consider the matter.

If the matter involves a show cause, then the motion and order to show cause must be filed for the court to consider.

CRITICAL

Applies to

Proof of seminar attendance

If child custody, visitation, or support is contested, the parents must show before trial that they attended the required educational seminar.

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.

CRITICAL

Applies to

Notice of appeal

A party requesting an appeal must file a notice of appeal in the form required by the Rules of the Supreme Court.

A party requesting an appeal must file a notice of appeal in the form required by the Rules of the Supreme Court.

CRITICAL

Applies to

Proposed order

A party noticing an appeal must file a proposed transcript-preparation order identifying the dates of each hearing and trial at issue.

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.

CRITICAL

Applies to

Guardian ad litem appointment motion

The parties must immediately file any guardian ad litem appointment request, and the motion must state the basis for appointment under Virginia Code §16.1-266.

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.

CRITICAL

Applies to

Bond pending appeal motion

A motion for bond pending appeal must be written and scheduled for a hearing separate from the sentencing hearing.

Motions for bond pending appeal must be filed in writing and scheduled for a hearing date separate from the sentencing hearing.

WARNING

Applies to

Interpreter request

An interpreter request must provide the defendant’s name, court date, and the non-English language and, if necessary, dialect.

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.

WARNING

Applies to

Medical records or reports

The Court should be provided medical records or reports addressing the nature and extent of injuries, treatment, resolution, permanent injury, and need for future treatment.

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.

WARNING

Applies to

Plea agreement and sentencing guidelines

If the parties reach an agreement, the Court expects them to present the written agreement and sentencing guidelines on a criminal bench trial docket before the scheduled jury trial.

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.

WARNING

Applies to

Motion to withdraw as counsel

Defense counsel is expected to continue representing the defendant through appeal unless the Court relieves counsel by order following a written motion and hearing.

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.

WARNING

Applies to

Motion

Motions should also include citations to any cases, statutes or Rules of court relied upon by the moving party.

Motions should also include citations to any cases, statutes or Rules of court relied upon by the moving party.

WARNING

Applies to

Court orders

The parties should prepare the listed form orders before calling the case for presentation and entry.

The parties should prepare these orders in advance of calling the case for presentation and entry by the Court.

WARNING

Applies to

Opposition

Likewise, the party opposing the motion should provide a written response with citations.

Likewise, the party opposing the motion should provide a written response with citations.

WARNING

Applies to

Motion

A written motion and notice should be filed with the Clerk, with copies to opposing counsel.

A written motion and notice should be filed with the Clerk with copies to opposing counsel.