Nottoway County Circuit Court, Virginia Filing Timing and Cure Windows

CRITICAL

Applies to

Motion

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.

CRITICAL

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.

CRITICAL

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.

CRITICAL

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

CRITICAL

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.

CRITICAL

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.

CRITICAL

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.

CRITICAL

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.

CRITICAL

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.

CRITICAL

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.

WARNING

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.

WARNING

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.

WARNING

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.

WARNING

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.