Nottoway County Circuit Court, Virginia Service and Proof of Service Rules

CRITICAL

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

CRITICAL

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.

CRITICAL

Service

Court service

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.

CRITICAL

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.

CRITICAL

Applies to

Jury instructions

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.

CRITICAL

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.

CRITICAL

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.

CRITICAL

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.

CRITICAL

Applies to

Verdict form

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.

WARNING

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).

WARNING

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.

WARNING

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.