Nottoway County Circuit Court, Virginia Pre-Motion Conference Requirements

CRITICAL

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.

CRITICAL

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.

CRITICAL

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.

CRITICAL

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.

CRITICAL

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.

CRITICAL

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.

CRITICAL

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.

WARNING

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.

INFO

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.