Petersburg Circuit Court, Virginia
Court-Level Rules, Filing Procedures & Policies
- Rules last changed:
Limits & Logistics
Document Limits
Adjournments
- The listed circumstances, including prior lack of continuances, agreement, incomplete discovery, new counsel, and lack of preparedness, are generally insufficient grounds for a continuance; the list continues beyond this excerpt.
- A continuance of a trial date may be granted only for good cause.
- Continuance requests should be made in writing and scheduled for hearing as early as possible before the trial date.
- +12 more
Request must include
Communication
Phone
Page & Word Limits1 rule
Absent leave of court, the length of a brief shall not exceed twenty (20) pages, double-spaced.
- Brief
- Up to 20 pages
Exception
More pages with leave of court
Document Format Requirements6 rules
Absent leave of court, the length of a brief shall not exceed twenty (20) pages, double-spaced.
- Line spacing
- Double
- Brief
At the commencement of trial, counsel of record shall tender to the court the originals of all agreed upon instructions and copies of all contested instructions with appropriate citations.
Motions to continue shall be filed in writing detailing the reason for the continuance.
The clerk shall use the form orders provided by the Supreme Court of Virginia.
The parties shall prepare in advance of trial a three ring binder of exhibits that are papers and photographs divided by numbered or letter tabs.
- Binding
- Three-ring binder
- Exhibit binder
Each party shall have available all proposed instructions in Word format.
Document Filing Requirements58 rules
The Commonwealth will prepare and provide a detailed scheduling of cases to the clerk's office in advance of term day.
Defense Counsel shall complete and submit a request for Transportation Order for incarcerated clients to the clerk immediately after the hearing or scheduling date.
All cases scheduled for a jury trial will require a pre-trial scheduling order and conference for motions and other pre-trial matters.
The Commonwealth, Defense Counsel, and defendant will complete the form continuance order at the hearing for entry by the Court.
A bond-appeal motion must include the lower-court warrant and specify the listed case, hearing, offense, and bond information.
Court's wording
A copy of the warrant from the lower court must accompany the written motion. The motion must state the case number(s) from the General District Court or Juvenile & Domestic Relations Court, the next court date and hearing time, the date of the alleged offense(s), and the present bond for each of the charges.
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.
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.
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.
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.
Plea agreements must be in writing and signed by the parties prior to the calling of the case 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.
The Commonwealth must prepare the sentencing guidelines and a guideline worksheet for submission with the plea agreement.
The moving party must prepare a proposed order authorizing the court reporter and transcription and obtain endorsement of opposing counsel.
- Document
- Motion for court reporter
Must include
- •Proposed order
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.
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.
A party requesting an appeal must file a notice of appeal in the form required by the Rules of the Supreme Court.
Motions for bond pending appeal must be filed in writing and scheduled for a hearing date separate from the sentencing hearing.
It shall be the duty of counsel for the plaintiff or an unrepresented plaintiff to prepare a verdict form
A motion to continue must include a proposed order.
- Document
- Motion to continue
Must include
- •Proposed order
Court's wording
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.
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.
The parties shall immediately file any request for the Appointment or Continued Appointment of a Guardian ad Litem providing in the motion the basis for appointment pursuant to Virginia Code §16.1-266.
Trial exhibit and witness lists must identify the proposed evidence; unlisted evidence generally will not be admitted, subject to the stated exceptions.
Court's wording
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.
If the matter involves a show cause, then the motion and order to show cause must be filed for the court to consider.
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.
Court's wording
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.
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.
When a child's custody, visitation, or support is contested, parents must show proof of seminar attendance before trial; the Court may grant an exemption for good cause.
Court's wording
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 effects of separation or divorce on children, parenting responsibilities, options for conflict resolution and financial responsibilities pursuant to Virginia Code § 20-13. Failure to attend may result in the case being removed from the trial docket. The Court may grant an exemption from attendance of such program for good cause shown.
The motion shall identify all relief sought pursuant to this Order.
9. All notices and disclosures by either party shall be in writing and filed with the clerk of the court.
Counsel filing a motion to continue must also file a proposed order to continue.
- Document
- Motion to continue
Must include
- •Proposed order
The sanity evaluation report must be submitted by the date shown solely to the defendant's attorney, address the specified insanity issue, and state if further evaluation is necessary.
Court's wording
They shall prepare and submit a full report, on or before the date shown below, solely to the defendant's attorney, concerning the defendant's sanity at the time of the offense, including whether he may have had a significant mental disease or defect which rendered him insane at the time of the offense. If further evaluation on this issue is necessary, the evaluator(s) shall so state.
The Court further orders the evaluator(s) to submit to the attorneys for the Commonwealth and defendant copies of the report and the records obtained during the evaluation.
The mental-state evaluation report must be submitted by the date shown to the Court and both attorneys and address mental illness and the need for hospital treatment.
Court's wording
the Court appoints the evaluator(s) listed below to evaluate the defendant's mental state and to submit a report, on or before the date shown below, to this Court, the Commonwealth's Attorney and the defendant's attorney, concerning whether (1) the defendant is mentally ill and (2) the defendant requires treatment in a mental hospital.
No statement of the defendant relating to the time period of the alleged offense shall be included in the report.
The competency evaluation report must be submitted by the date shown to the Court and both attorneys and address the specified competency and treatment issues.
Court's wording
the Court therefore appoints the evaluator(s) listed below to evaluate the defendant and to submit a report, on or before the date shown below, to this Court, the Commonwealth's Attorney and the defendant's attorney, concerning: (1) the defendant's capacity to understand the proceedings against him; (2) his ability to assist his attorney; and (3) his need for treatment in the event that he is found to be incompetent but restorable, or incompetent for the foreseeable future.
The Court further orders that the Commonwealth's Attorney and the defendant's attorney forward appropriate background information to the evaluator(s) as required by law.
If the specified director or designee concludes the defendant is likely to remain incompetent for the foreseeable future, a report to the court must state that conclusion and indicate the recommended disposition.
Court's wording
If, at any time after treatment commences, the director of the community services board or behavioral health authority or his designee or the director of the treating inpatient facility or his designee concludes that the defendant is likely to remain incompetent for the foreseeable future, he shall send a report to the court so stating and indicating whether, in the board, authority, or inpatient facility director's or his designee's opinion, the defendant (1) should be released from state custody; (2) committed pursuant to Virginia Code § 37.2-814 et seq.; or (3) certified pursuant to § 37.2-806 in the event he is found to be unrestorably incompetent.
When the specified director or designee believes competency has been restored, a report to the court must address the defendant’s capacity to understand the proceedings and assist counsel.
Court's wording
If, at any time after treatment commences, the director of the community services board or behavioral health authority or his designee or the director of the treating inpatient facility or his designee believes the defendant's competency is restored, the director or his designee shall immediately send a report to the court concerning (1) the defendant's capacity to understand the proceedings against him and (2) the defendant's ability to assist his attorney.
If the defendant has not been restored within six months after treatment begins, the specified director or designee must send the court a report stating that and addressing restorability or the recommended disposition.
Court's wording
If the defendant has not been restored to competency by six (6) months from the date of the commencement of treatment, the board, authority, or inpatient facility director or his designee shall send a report to the court so stating and indicating whether, in the director's opinion, the defendant remains restorable to competency or whether the defendant should be (1) released from state custody; (2) committed pursuant to Virginia Code § 37.2-814 et seq.; or (3) certified pursuant to Virginia Code § 37.2-806 in the event he is found to be unrestorably incompetent.
The sentencing guidelines worksheets and the written explanation of any departure from the guidelines are ordered filed as a part of the record in this case.
Any discovery motion filed shall contain a certification that counsel has made a good faith effort to resolve the matters set forth in the motion with opposing counsel.
- Document
- Discovery motion
Must include
- •Certificate of conference
Any objections to exhibits or witnesses shall state the legal reasons therefor except on relevancy grounds, and shall be filed with the Clerk of the Court and a copy delivered to opposing counsel at least five days before trial or the objections will be deemed waived absent leave of court for good cause shown.
Counsel of record, unless compliance is waived by the court, shall, two business days before a civil jury trial date, exchange proposed jury instructions.
At the commencement of trial, counsel of record shall tender the court the originals of all agreed upon instructions and copies of all contested instructions with appropriate citations.
The parties must submit the specified worksheets to the clerk five days before the pretrial conference.
Court's wording
Five (5) days prior to the pretrial conference the parties shall exchange and submit the clerk proposed equitable distribution worksheets (The statutory factors that are applicable to the case and what evidence counsel expects to produce at trial to support each factor), income and expense worksheets, spousal support guideline worksheets, and child support guideline worksheets.
Court-appointed counsel must document time and expenses and submit a detailed allowance list on the prescribed form.
Court's wording
Court appointed counsel shall document the time and expenses incurred representing the defendant and submit a detailed list of allowances to this Court on the form prescribed by the Supreme Court of Virginia within 30 days of the entry of a final Order in this case for payment from the treasury of the Commonwealth of Virginia.
The court appointed expert shall not be permitted to testify as a defense witness unless the expert prepares and submits a written report detailing all findings and conclusions along with all supporting data to the Court, Attorney General and defense counsel no less than forty-five (45) days prior to trial schedule for the ___ day of _____, 202_, at _____, a.m./p.m., unless a different time period is agreed to by the parties in writing and submitted to the Court.
The appointed expert must document evaluation time and expenses and submit a detailed allowance list on the prescribed form within 30 days after entry of the final order.
Court's wording
The court appointed expert shall document the time and expenses incurred evaluating the defendant and submit a detailed list of allowances to this Court on the form prescribed by the Supreme Court of Virginia within 30 days of the entry of a final Order in this case for payment from the treasury of the Commonwealth of Virginia.
The court appointed expert shall prepare and submit a written report detailing all findings and conclusions to the Court, Attorney General and defense counsel.
A written motion and notice should be filed with the Clerk with copies to opposing counsel. Motions should also include citations to any cases, statutes or Rules of court relied upon by the moving party. Likewise, the party opposing the motion should provide a written response with citations.
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.
The parties should prepare the Court’s form orders for the listed matters before calling the case for presentation and entry.
Court's wording
The Court has prepared form orders for continuance, substitution of counsel, bond, election of jury or bench trial, and first-time offender disposition. The parties should prepare these orders in advance of calling the case for presentation and entry by the Court.
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.
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.
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.
A subsequent motion may be made only upon a showing of cause why such motion would be in the interest of justice.
The Commonwealth shall be responsible for preparation of the verdict forms.
This requirement shall not preclude the offering of additional instructions at the trial.
Endorsements are dispensed with pursuant to Rule 1:13 of the Supreme Court of Virginia.
Filing & Service rules
Filing Timing and Cure Windows
The parties must 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.
Page 3 | C. Motions and other pretrial matters
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.
Page 3 | C. Motions and other pretrial matters
Bond-motion hearings on Thursday dockets must be filed by noon Tuesday.
and on Thursday dockets must be filed by noon Tuesday.
Page 3 | C. Motions and other pretrial matters
Hearings on motions for competency or sanity evaluation 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.
Page 3 | C. Motions and other pretrial matters
Notice of a Monday morning bond-motion hearing must be received by the clerk and Commonwealth's Attorney by noon Thursday.
Bond Motions are scheduled for the morning docket on Mondays with notice received by the clerk and Commonwealth's Attorney by noon Thursday
Page 3 | C. Motions and other pretrial matters
Bond-motion hearings on Tuesday dockets must be filed by noon Monday.
Bond Motion hearings on Tuesday dockets must be filed by noon Monday
Page 3 | C. Motions and other pretrial matters
A 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.
Page 4 | D. Jury Trial Requests
The parties must give the Clerk notice of docket additions by 3:00 p.m. two days before the docket, except for bond motions and advisements, 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.
Page 4 | C. Motions and other pretrial matters
The probation officer must submit the presentence report and guidelines at least five days before the sentencing hearing.
The probation officer shall submit the presentence report and guidelines no less than 5 days before the sentencing hearing.
Page 5 | J. Sentencing Hearings
Parties must submit witness subpoena requests to the clerk immediately after a trial date is agreed to or scheduled, and no less than ten 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.
Page 5 | G. Witnesses
Counsel must exchange proposed jury instructions and provide the Clerk copies or references to them at least 48 hours before trial.
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.
Page 8 | B. Matters Pertaining to Trial
Absent leave of court, when the supporting brief is five pages or fewer, the required notice and supporting brief must be filed at least ten 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.
Page 9 | C. Motions and other pretrial matters
Orders prepared after a hearing are scheduled for presentation by the parties at the next Term Day, and counsel must appear unless the Court enters the order 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.
Page 9 | D. Orders and Dismissal
The Pretrial Conference Brief and applicable worksheets and forms must be 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.
Page 10 | G. Contested Divorce and Equitable Distribution Cases
Petitions must be filed before a hearing date is assigned.
All petitions must be filed with payment of appropriate Clerk's fees before a hearing date is assigned.
Page 10 | E. Settlements Involving Infants and Others Under Disability
When a pretrial conference is required, it must be scheduled with the Court Administrator at least thirty days before trial.
When a pretrial conference is required, it shall be scheduled with the Court Administrator no less than Thirty (30) days prior to trial.
Page 10 | G. Contested Divorce and Equitable Distribution Cases
Counsel or unrepresented parties must deliver a final order to the Clerk within thirty days after a non-suit or final settlement; late delivery may result in the Court entering an order sua sponte.
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. The failure to deliver timely an appropriate order to the Clerk may result in the Court entering an order sua sponte.
Page 10 | D. Orders and Dismissal
Applicable required worksheets and forms are due to the Court no later than 30 days before trial and before the pretrial conference.
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.
Page 11 | Required Worksheets and Forms
Requests to appoint or continue appointing a Guardian ad Litem must be filed immediately.
The parties shall immediately file any request for the Appointment or Continued Appointment of a Guardian ad Litem providing in the motion the basis for appointment pursuant to Virginia Code §16.1-266.
Page 11 | Appointment or Continued Appointment of Guardian ad Litem
Required discovery, inspection, notice, or disclosure must be provided no later than 30 days before trial, though a party may move for earlier or later disclosure.
(3) A party required to provide discovery, inspection, notice or disclosure shall do so no later than thirty (30) days prior to trial. A party may file a motion for earlier or later disclosure.
Page 16 | (a) Compliance provisions
A motion by the accused under this Order must be made at least 10 calendar days before the scheduled trial date.
A motion by the accused under this Order must be made at least ten (10) calendar days before the day fixed for trial.
Page 20 | (e) Time of Motion
All motions must be filed as early as practical and at least 21 days before trial.
All motions shall be filed with the Court as far in advance of the trial date as practical, but not less than 21 days before trial.
Page 22 | III. Motions
Discovery-related motions must be made before discovery is complete.
Motions to compel discovery or other motions regarding specific discovery requests shall be made in advance of the completion of discovery provided in this section.
Page 22 | II. Discovery
If the Defendant gives notice of other expert testimony, the Commonwealth must file a rebuttal-expert appointment motion immediately after reviewing the disclosures and notice.
2. If the Defendant gives notice of any other expert testimony, then the Commonwealth must file a motion for appointment of a rebuttal expert immediately after reviewing the defense disclosures and notice.
Page 23 | COMMONWEALTH NOTICES & DISCLOSURES
The Defendant must file any written objection to the specified Commonwealth notice or certificate of analysis at least 60 days before trial.
8. The Defendant shall file any written objection to the Commonwealth's notice of DNA or other Department of Forensic Sciences certificate of analysis no less than 60 days before trial.
Page 23 | DEFENDANT'S NOTICES & DISCLOSURES
If the Defendant gives the specified notice, the Commonwealth must file a rebuttal-expert appointment and evaluation motion immediately after reviewing the defense disclosures and notice.
1. If the Defendant gives notice of an insanity defense or intent to introduce evidence pursuant to COV §19.2-271.6, then the Commonwealth must file a motion for appointment of a rebuttal expert and request for evaluation of the defendant pursuant to Va. Code Section 19.2-168.1 immediately after reviewing the defense disclosures and notice.
Page 23 | COMMONWEALTH NOTICES & DISCLOSURES
The report must be sent to the court immediately after the specified director or designee believes competency has been restored.
If, at any time after treatment commences, the director of the community services board or behavioral health authority or his designee or the director of the treating inpatient facility or his designee believes the defendant's competency is restored, the director or his designee shall immediately send a report to the court concerning (1) the defendant's capacity to understand the proceedings against him and (2) the defendant's ability to assist his attorney.
Page 35 | INCOMPETENT DEFENDANT
If the defendant has not been restored to competency by six months from the commencement of treatment, the specified director or designee must send a report to the court.
If the defendant has not been restored to competency by six (6) months from the date of the commencement of treatment, the board, authority, or inpatient facility director or his designee shall send a report to the court so stating and indicating whether, in the director's opinion, the defendant remains restorable to competency or whether the defendant should be (1) released from state custody; (2) committed pursuant to Virginia Code § 37.2-814 et seq.; or (3) certified pursuant to Virginia Code § 37.2-806 in the event he is found to be unrestorably incompetent.
Page 36 | INCOMPETENT DEFENDANT
The exhibit and witness lists must be filed with the Clerk when exchanged, but the exhibits themselves must not be filed at that time.
The lists of exhibits and witnesses shall be filed with the Clerk of the Court simultaneously therewith but the exhibits shall not then be filed.
Page 44 | V. Exhibit and Witness List
Objections to exhibits or witnesses must be filed with the Clerk at least five days before trial; late objections are waived unless the court grants leave for good cause.
Any objections to exhibits or witnesses shall state the legal reasons therefor except on relevancy grounds, and shall be filed with the Clerk of the Court and a copy delivered to opposing counsel at least five days before trial or the objections will be deemed waived absent leave of court for good cause shown.
Page 44 | V. Exhibit and Witness List
The parties must exchange and submit the worksheets five days before the pretrial conference.
Five (5) days prior to the pretrial conference the parties shall exchange and submit the clerk proposed equitable distribution worksheets (The statutory factors that are applicable to the case and what evidence counsel expects to produce at trial to support each factor), income and expense worksheets, spousal support guideline worksheets, and child support guideline worksheets.
Page 47 | VII. Pretrial Conference
Court-appointed counsel must submit the allowance list within 30 days after entry of the final order.
Court appointed counsel shall document the time and expenses incurred representing the defendant and submit a detailed list of allowances to this Court on the form prescribed by the Supreme Court of Virginia within 30 days of the entry of a final Order in this case for payment from the treasury of the Commonwealth of Virginia.
Page 48 | ORDER FOR APPOINTMENT OF COUNSEL
The Attorney General must provide the relevant medical and psychological records and reports to defense counsel within 10 days after entry of the order.
The Court hereby directs the Attorney General to provide the relevant medical and psychological records and reports pertaining to the respondent to defense counsel within ten (10) days of entry of this Order.
Page 51 | ORDER FOR APPOINTMENT OF EXPERT
Defense counsel must deliver all records received from the Attorney General to the appointed expert within 20 days after entry of the order.
Defense Counsel shall deliver to the court appointed expert all records received from the Attorney General within twenty (20) days of entry of this Order.
Page 51 | ORDER FOR APPOINTMENT OF EXPERT
The appointed expert must submit the allowance list within 30 days after entry of the final order.
The court appointed expert shall document the time and expenses incurred evaluating the defendant and submit a detailed list of allowances to this Court on the form prescribed by the Supreme Court of Virginia within 30 days of the entry of a final Order in this case for payment from the treasury of the Commonwealth of Virginia.
Page 51 | ORDER FOR APPOINTMENT OF EXPERT
The expert report must be submitted at least 45 days before trial, unless the parties agree in writing to a different period and submit the agreement to the Court.
The court appointed expert shall not be permitted to testify as a defense witness unless the expert prepares and submits a written report detailing all findings and conclusions along with all supporting data to the Court, Attorney General and defense counsel no less than forty-five (45) days prior to trial schedule for the ___ day of _____, 202_, at _____, a.m./p.m., unless a different time period is agreed to by the parties in writing and submitted to the Court.
Page 52 | ORDER FOR APPOINTMENT OF EXPERT
The plaintiff must receive notice of entry of the discontinuance order 30 days before the order is entered.
that the Court provided the plaintiff notice of entry of this Order of Discontinuance thirty (30) days prior to entry;
Page 56 | ORDER OF DISCONTINUANCE
County grievance applications must be heard within 30 days.
| 15.1-1507 | county grievance app | hearing within 30 days |
Page 59 | INDEX OF EXPEDITED CASES
A hearing on a levy or seizure exemption must occur no later than 10 days from filing.
| 8.01-546.2 | levy or seizure exemption | hearing no later than 10 days from filing |
Page 59 | INDEX OF EXPEDITED CASES
A hearing in a compensation-board appeal is scheduled within 45 days.
| 15.2-1636.9 | compensation board appeal | 45 days for hearing |
Page 59 | INDEX OF EXPEDITED CASES
FOIA cases must be heard within 7 days.
| 2.2-3713 | FOIA | heard within 7 days |
Page 59 | INDEX OF EXPEDITED CASES
A juvenile-delinquency application must be heard within 45 days from the appeal notice.
| 16.1-296 | juv. Delinquency app. | 45 days from appeal notice |
Page 60 | INDEX OF EXPEDITED CASES
The child-support income-deduction matter has a 10-to-45-day period from filing.
| 20-79.1 child sup. Income deduction | | between 10-45 days of filing |
Page 60 | INDEX OF EXPEDITED CASES
Criminal advisement must occur at the first court session after arrest.
| 19.2-158 | criminal advisement | first court in session after arrest |
Page 60 | INDEX OF EXPEDITED CASES
A hearing to test scientific evidence must occur between 30 and 90 days of filing.
| 19.2-327.1 | test scientific evid. | Hearing between 30-90 days of filing |
Page 60 | INDEX OF EXPEDITED CASES
A hearing on an obscene-book declaration must occur within two weeks from filing.
| 18.2-384 | obscene book decl. | two weeks from filing |
Page 60 | INDEX OF EXPEDITED CASES
A hearing on a serious-offender release request must be scheduled within 30 days of the request.
| 16.1-285.2 | serious offender commit. | Schedule hearing within 30 days of request for release |
Page 60 | INDEX OF EXPEDITED CASES
Juvenile-program reconsideration matters must be heard within 30 days.
| 16.1-289.1 | juv. Program reconsider | hearing within 30 days |
Page 60 | INDEX OF EXPEDITED CASES
A request to terminate deferred disposition must be acted on within 30 days.
| 18.2-57.3 | terminate def. disposition | 30 days from request |
Page 60 | INDEX OF EXPEDITED CASES
A termination-of-parental-rights matter must be heard within 90 days from the appeal notice.
| 16.1-296 | term. Parental rights | 90 days from appeal notice |
Page 60 | INDEX OF EXPEDITED CASES
Service and Proof of Service Rules
Counsel must exchange copies of proposed jury instructions.
Counsel shall exchange copies of proposed instructions
Page 8 | B. Matters Pertaining to Trial
The plaintiff or plaintiff's counsel must provide the opposing side a copy of the verdict form when instructions are exchanged.
to provide opposing counsel or unrepresented party a copy thereof at the time of exchange of instructions.
Page 8 | B. Matters Pertaining to Trial
Absent leave of court, when the supporting brief is five pages or fewer, the required notice and supporting brief must be served at least ten 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.
Page 9 | C. Motions and other pretrial matters
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.
Page 9 | C. Motions and other pretrial matters
Counsel must exchange the completed Pretrial Conference Brief and applicable worksheets and forms 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.
Page 10 | G. Contested Divorce and Equitable Distribution Cases
Counsel must exchange specified exhibit and witness lists, and any exhibits not previously provided in discovery, 30 days before trial and before the pretrial conference.
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.
Page 11 | Exhibit and Witness List
The parties must schedule other motions to reinstate after the Clerk sends notice to appear at the next term day for a scheduling conference.
Other motions to re-instate shall be scheduled by the parties after the Clerk has sent the parties notice to appear at the next term day for a scheduling conference.
Page 12 | Motions to Re-instate a Case
The Clerk must send the parties notice of pre-set civil hearings upon filing.
The Clerk shall send the parties notice of these hearings upon filing.
Page 12 | Pre-Set Civil Hearings
The Clerk must arrange service on the defendant and place the hearing date on CCMS.
The Clerk shall have the defendant served and place the hearing date on CCMS.
Page 12 | Motions to Re-instate a Case
The Defendant must notify the Commonwealth of an alibi defense 30 days before trial and provide written disclosures consistent with Rule 3A:11(c)(2).
5. The Defendant shall provide to the Commonwealth notice 30 days prior to trial of any alibi defense with written disclosures consistent with Rule 3A:11(c) (2).
Page 23 | DEFENDANT'S NOTICES & DISCLOSURES
The Commonwealth must permit inspection of discoverable materials within 30 days of receipt and no later than 30 days before trial, unless the Court grants leave on a written motion filed before trial.
3. The Commonwealth shall permit the inspection of all discoverable materials pursuant to Rule 3A:11 (b) within 30 days of receipt and no later than 30 days prior to trial except by leave of Court upon written motion filed by the Commonwealth prior to trial.
Page 23 | COMMONWEALTH NOTICES & DISCLOSURES
The Defendant must give notice of intended expert testimony 60 days before trial and include written reports of scientific tests the Defense intends to offer under Rule 3A:11(c)(1).
6. The Defendant shall provide notice 60 days prior to trial of any expert testimony including written reports of any scientific tests which the Defense intends to proffer or offer into evidence pursuant to Rule 3A:11(c) (1).
Page 23 | DEFENDANT'S NOTICES & DISCLOSURES
The Commonwealth must notify the Defendant of a rebuttal expert 15 days before trial and produce the expert's evaluation report and reviewed written materials.
2. If the Defendant gives notice of any other expert testimony, then the Commonwealth must file a motion for appointment of a rebuttal expert immediately after reviewing the defense disclosures and notice. The Commonwealth shall provide notice 15 days prior to trial of any rebuttal expert, produce the expert's evaluation report, and provide a copy of all written materials reviewed by the expert.
Page 23 | COMMONWEALTH NOTICES & DISCLOSURES
The Defendant must permit inspection of discoverable materials within 30 days of receipt and no later than 30 days before trial, unless the Court grants leave on a written motion filed before trial.
7. The Defendant shall permit the inspection of all discoverable materials pursuant to Rule 3A:11 within 30 days of receipt and no later than 30 days prior to trial except by leave of Court upon written motion filed by the Defendant prior to trial.
Page 23 | DEFENDANT'S NOTICES & DISCLOSURES
The Defendant must give the Commonwealth the specified insanity-defense or evidence notice 60 days before trial, with the required disclosures, production, and inspection under Rule 3A:11.
4. The Defendant shall provide to the Commonwealth notice 60 days prior to trial of any insanity defense pursuant to Virginia Code Section 19.2-168 or intent to present evidence pursuant to COV §19.2-271.6 with all written disclosures, production and inspection consistent with Rule 3A:11.
Page 23 | DEFENDANT'S NOTICES & DISCLOSURES
The Commonwealth must notify the Defendant of a rebuttal expert 15 days before trial and produce the expert's evaluation report and reviewed written materials.
1. If the Defendant gives notice of an insanity defense or intent to introduce evidence pursuant to COV §19.2-271.6, then the Commonwealth must file a motion for appointment of a rebuttal expert and request for evaluation of the defendant pursuant to Va. Code Section 19.2-168.1 immediately after reviewing the defense disclosures and notice. The Commonwealth shall provide notice 15 days prior to trial of any rebuttal expert, produce the expert's evaluation report, and provide a copy of all written materials reviewed by the expert.
Page 23 | COMMONWEALTH NOTICES & DISCLOSURES
Each party must deliver one exhibit-binder copy to opposing counsel and two copies to the Court on the trial date.
The party shall prepare separate copies of the exhibit binder and deliver one copy to opposing counsel and two copies to the Court on the trial date.
Page 24 | XIII. Paper and photograph exhibit binder.
Unless the Court waives compliance, counsel of record must mail or email proposed jury instructions to the Clerk two business days before trial.
Counsel of record, unless compliance is waived by the court, shall, two (2) business days before the jury trial date, mail or email proposed instructions to the Clerk.
Page 24 | XI. Jury Instructions
The clerk must forward the Notice to the probation officer for delivery to the defendant and the Commonwealth's Attorney.
The clerk of this Court shall forward a copy of this Notice to the probation officer for delivery to the defendant and to the Commonwealth's Attorney.
Page 39 | NOTICE OF HEARING
The clerk must provide the Order to the defendant.
The clerk of this court shall provide a copy of this Order to the defendant, and the defendant is directed to report to the probation office within seventy-two (72) hours of this Order to begin supervision.
Page 40 | ORDER OF REFERRAL TO PROBATION SUPERVISION
A copy of each objection to exhibits or witnesses must be delivered to opposing counsel at least five days before trial; late objections are waived unless the court grants leave for good cause.
Any objections to exhibits or witnesses shall state the legal reasons therefor except on relevancy grounds, and shall be filed with the Clerk of the Court and a copy delivered to opposing counsel at least five days before trial or the objections will be deemed waived absent leave of court for good cause shown.
Page 44 | V. Exhibit and Witness List
Counsel must exchange exhibit and witness lists, along with copies of exhibits not previously produced in discovery, 15 days before trial.
Counsel of record shall exchange 15 days before trial 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.
Page 44 | V. Exhibit and Witness List
The parties must exchange the specified worksheets five days before the pretrial conference.
Five (5) days prior to the pretrial conference the parties shall exchange and submit the clerk proposed equitable distribution worksheets (The statutory factors that are applicable to the case and what evidence counsel expects to produce at trial to support each factor), income and expense worksheets, spousal support guideline worksheets, and child support guideline worksheets.
Page 47 | VII. Pretrial Conference
Counsel must exchange exhibit and witness lists and copies of exhibits not previously provided in discovery 15 days before trial; unlisted evidence is excluded subject to the stated exceptions.
Counsel shall exchange 15 days before trial 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 was through inadvertence.
Page 47 | VI. Exhibit and Witness List
The clerk must forward a copy of the order to defense counsel, the defendant, and the Attorney General.
The clerk is directed to forward a copy of this Order to defense counsel, defendant and the Attorney General.
Page 52 | ORDER FOR APPOINTMENT OF EXPERT
The Attorney General must provide the relevant medical and psychological records and reports to defense counsel 60 days before the annual review hearing.
The Court further directs the Attorney General to provide the relevant medical and psychological records and reports pertaining to the respondent to defense counsel sixty (60) days prior to the scheduled annual review hearing.
Page 54 | ORDER FOR ANNUAL REVIEW
Defense counsel must deliver all records received from the Attorney General to the court-appointed expert within five days of receipt.
Defense Counsel shall deliver to the court appointed expert all records received from the Attorney General within five (5) days of receipt of the records.
Page 54 | ORDER FOR ANNUAL REVIEW
The case may be discontinued if the defendant is not served within one year after the complaint is filed, unless the court finds due diligence.
will discontinue this case because the defendant has not been served with process within one (1) year after the filing of the Complaint in the Clerk’s Office, unless the Court finds that the plaintiff has exercised due diligence to have service timely effected.
Page 55 | NOTICE OF DISCONTINUANCE – NO SERVICE IN ONE YEAR
that the plaintiff failed to serve the defendant within twelve (12) months as required by Section 8.01-335 of the Code of Virginia, 1950, as amended.
that the plaintiff failed to serve the defendant within twelve (12) months as required by Section 8.01-335 of the Code of Virginia, 1950, as amended.
Page 56 | ORDER OF DISCONTINUANCE
Copies of the written motion and notice should be provided to opposing counsel.
A written motion and notice should be filed with the Clerk with copies to opposing counsel.
Page 3 | C. Motions and other pretrial matters
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.
Page 5 | G. Witnesses
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).
Page 6 | General Procedures
Briefs should be served on opposing counsel sufficiently before the hearing for the Court to consider them.
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.
Page 9 | C. Motions and other pretrial matters
If an action is not served within the time set by Supreme Court Rule 3:5, the Clerk must prepare and send a notice of discontinuance to plaintiff’s counsel or the unrepresented plaintiff.
If an action is not served within the time provided by Supreme Court Rule 3:5, the Clerk shall prepare a notice of discontinuance and send such notice to counsel for the plaintiff or to an unrepresented plaintiff.
Page 10 | D. Orders and Dismissal
Early filing of witness-subpoena requests is encouraged to allow service at least 10 days before trial.
Early filing of a request for witness subpoenas is encouraged so that such subpoenas may be served at least 10 days before trial.
Page 22 | VIII. Witness Subpoenas
Counsel or a party who discovers qualifying additional material after entry of the Order or during trial must promptly notify opposing counsel.
If after entry of this Order or during trial, counsel or a party discovers additional material previously requested, or falling within the scope of an Order previously entered, that is subject to discovery or inspection under Rule 3A:11, he shall promptly notify opposing counsel of the existence of the additional material.
Page 23 | DEFENDANT'S NOTICES & DISCLOSURES
The clerk must forward a copy of the order to counsel.
The clerk shall forward a copy of this Order to counsel.
Page 25 | ORDER of ADVISEMENT and ELECTION
The clerk must forward the Bond Order to probation, which must send the Court regular compliance reports.
The clerk shall forward a copy of this Bond Order to probation, and probation shall send the Court regular reports of the defendant's compliance with this Order and supervision.
Page 27 | BOND ORDER
The clerk must forward a copy of the order to former defense counsel, current defense counsel, and the Commonwealth's Attorney.
The clerk shall forward a copy of this Order to former defense counsel, current defense counsel, and the Commonwealth's Attorney.
Page 28 | ORDER TO SUBSTITUTE COUNSEL
The clerk must forward a copy of the order to counsel, the defendant, and the Office of the Attorney General.
The clerk is directed to forward a copy of this Order to counsel, defendant and the Office of the Attorney General.
Page 48 | ORDER FOR APPOINTMENT OF COUNSEL
The Clerk must forward a copy of the discontinuance order to the parties.
The Clerk of this Court shall forward a copy of this Order to the parties.
Page 56 | ORDER OF DISCONTINUANCE
The Clerk must send a certified copy of the dismissal order to the parties.
The Clerk shall send a certified copy of this order to the parties,
Page 57 | ORDER OF DISMISSAL
Filing Fees and Waivers
All petitions must be filed with the appropriate Clerk’s fees paid before a hearing date is assigned.
All petitions must be filed with payment of appropriate Clerk's fees before a hearing date is assigned.
Page 10 | E. Settlements Involving Infants and Others Under Disability
Sealing & Redaction Procedures
Material or evidence disclosed or discovered under the Order must remain under seal if filed with the clerk until admitted at trial or a hearing, or until the Court orders it unsealed.
(2) Any material or evidence disclosed or discovered pursuant to this Order and filed with the clerk of court shall be placed under seal until it is either admitted as an exhibit at a trial or hearing or when the Court enters an order unsealing the specified material or evidence.
Page 16 | (a) Compliance provisions
The Commonwealth may designate disclosed material as Restricted Dissemination Material by prominently marking it; an accused's attorney may agree to designation without certification, but absent agreement the Commonwealth's attorney must provide a written certification stating one of the specified grounds.
(2) The Commonwealth may designate evidence or material disclosed pursuant to this Order as “Restricted Dissemination Material” by prominently stamping or otherwise marking such items as “Restricted Dissemination Material.” (A) The Commonwealth may designate any evidence or material subject to disclosure pursuant to this Order as “Restricted Dissemination Material,” without supporting certification, if the accused's attorney agrees to the designation. (B) In the absence of an agreement by the attorney for the accused, the attorney for the Commonwealth may designate any evidence or material as “Restricted Dissemination Material” by stamping or otherwise marking it as such and providing a certification in writing, upon information and belief, that: (i) the designated material relates to the statement of a child victim or witness; or (ii) disclosure of the designated material may result in danger to the safety or security of a witness or victim, danger of a witness being intimidated or tampered with, or a risk of compromising an ongoing criminal investigation or confidential law enforcement technique.
Page 18 | Redaction and Restricted Dissemination Material
Unless the Court orders otherwise, Restricted Dissemination Material may be disclosed only to specified recipients; the accused's attorney may orally communicate or show it to the accused but may not provide copies, and the material may not otherwise be reproduced, copied, or disseminated.
(C) Except as otherwise provided by order of the Court, “Restricted Dissemination Material” may only be disclosed to the accused's attorney, the agents or employees of the accused's attorney, or to an expert witness. The accused's attorney may orally communicate the content of “Restricted Dissemination Material” to the accused or allow the accused to view the content of such material but shall not provide the accused with copies of material so designated. “Restricted Dissemination Material” may not otherwise be reproduced, copied or disseminated in any way.
Page 18 | Redaction and Restricted Dissemination Material
The accused's attorney must return all Restricted Dissemination Material to the court within 21 days after a final order or upon termination of the representation.
(E) Within 21 days of the entry of a final order by the Court, or upon the termination of the representation of the accused, the accused's attorney shall return to the court all originals and copies of any "Restricted Dissemination Material" disclosed pursuant to this Order.
Page 19 | (E)
Material sealed under this subpart must remain available for inspection by counsel of record.
Any material sealed pursuant to this subpart shall remain available for inspection by counsel of record.
Page 19 | (E)
The court must maintain returned Restricted Dissemination Material under seal.
The court shall maintain such returned "Restricted Dissemination Material" under seal.
Page 19 | (E)
The parties must not disclose the contents of material or evidence disclosed or discovered under this Order in a public forum, including a website.
(A) the parties shall not disclose the contents of any material or evidence disclosed or discovered pursuant to this Order in any public forum, including any website;
Page 20 | (g) Protective Order
The parties must not disclose the contents of material or evidence disclosed or discovered under this Order to a third party who is not a party's agent or employee or an expert witness.
(B) the parties shall not disclose the contents of any material or evidence disclosed or discovered pursuant to this Order to any third-party who is not an agent or employee of the parties or an expert witness;
Page 20 | (g) Protective Order
The accused may move at any time to remove a designation made under subpart (c)(2)(B), and the Court may remove it upon a finding of good cause.
(D) If the Commonwealth designates evidence or material as “Restricted Dissemination Material” pursuant to subpart (c)(2)(B) of this Rule, the accused may at any time file a motion seeking to remove that designation from such evidence or material. Should the Court find good cause to remove the designation, it may order that the evidence or material no longer be designated as “Restricted Dissemination Material.”
Page 18 | Redaction and Restricted Dissemination Material
The Commonwealth may redact specified contact and employment information for qualifying witnesses, victims, and their family members, as well as any person's date of birth and Social Security Number.
(A) the Commonwealth may redact the residential address, telephone number, email address and place of employment of any witness or victim, or any member of a witness's or victim's family, who satisfies the conditions outlined in § 19.2-11.2 of the Code of Virginia. The Commonwealth may redact the date of birth and Social Security Number of any person whose information is contained in material or evidence provided pursuant to this Order; and
Page 18 | Redaction and Restricted Dissemination Material
The accused may move for disclosure of redacted personal identifying information; for good cause, the Court may order disclosure and may designate the information as Restricted Dissemination Material.
(B) If the Commonwealth redacts personal identifying information pursuant to this subpart of the Order, the accused may file a motion seeking disclosure of the redacted information. Should the Court find good cause for disclosure, it may order the Commonwealth to provide the redacted information. In its discretion, the Court ordering the provision of redacted personal identifying information may order that the information be identified as “Restricted Dissemination Material” pursuant to subpart (c)(2) of this Order.
Page 18 | Redaction and Restricted Dissemination Material
For good cause, the Court may allow additional access to sealed material as it deems appropriate.
For good cause shown, the Court may enter an order allowing additional access to the sealed material as the Court in its discretion deems appropriate.
Page 19 | (E)
(D) a party may file a written motion for authorization to withhold from disclosure or place additional restrictions on dissemination of information otherwise discoverable but not
(D) a party may file a written motion for authorization to withhold from disclosure or place additional restrictions on dissemination of information otherwise discoverable but not
Page 20 | (g) Protective Order
(C) a party may file a written motion for authorization to withhold the residential address, telephone number, email address or place of employment of any witness not covered by the terms of subpart (c)(1) of this Order; and
(C) a party may file a written motion for authorization to withhold the residential address, telephone number, email address or place of employment of any witness not covered by the terms of subpart (c)(1) of this Order; and
Page 20 | (g) Protective Order
Pre-Motion Conference Requirements
For hearings not scheduled at Term Day, the responding party must have at least 7 days to reply to the motion; bond motions are excepted.
Hearings not scheduled at Term Day must allow the responding party no less than 7 days to reply to the motion, except bond motions.
Page 3 | C. Motions and other pretrial matters
Cases scheduled for jury trial require a conference addressing motions and other pretrial matters.
All cases scheduled for a jury trial will require a pre-trial scheduling order and conference for motions and other pre-trial matters.
Page 3 | C. Motions and other pretrial matters
Opposing counsel has 7 days to respond in writing, and no hearing may occur before that period expires; the clerk must refuse a hearing request made less than 7 days after filing unless the Court instructs otherwise.
Opposing counsel shall have 7 days to respond in writing. No hearing will be conducted until the period to respond has expired. 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.
Page 3 | C. Motions and other pretrial matters
The Court will not hear a motion in limine on the morning of trial if it requires more than five minutes of argument.
The Court will not hear motions in limine requiring more than five (5) minutes of argument on the morning of trial.
Page 9 | C. Motions and other pretrial matters
The Court must hear oral argument on a motion when requested by counsel or an unrepresented party, except that argument on reconsideration motions and motions in cases with a pro se incarcerated party occurs only at the Court’s request; the Court may limit argument length.
Except as otherwise provided herein, upon request of counsel of record for any party, or an unrepresented party, or at the Court's request, the Court shall hear oral argument on a motion. Argument on a motion for reconsideration or any motion in any case where a pro se incarcerated person is a party shall be heard orally only at the request of the Court. The Court may place reasonable limits on the length of oral argument.
Page 9 | C. Motions and other pretrial matters
The moving party must allow at least 7 days for a written response, and a hearing may not occur until the response period expires.
The moving party shall allow the responding party no less than 7 days to file a written response to the motion, and the Court will not allow a hearing on the motion until the period for a response has expired.
Page 22 | III. Motions
Unless the court grants leave, a motion in limine requiring more than five minutes of argument must be noticed and heard before the day of trial.
Absent leave of court, any motion in limine which requires argument exceeding five minutes shall be duly noticed and heard before the day of trial.
Page 44 | VII. Motions in Limine
Dispositive motions must be presented for hearing as far in advance of trial as practical.
All dispositive motions shall be presented to the court for hearing as far in advance of the trial date as practical.
Page 44 | IV. Dispositive Motions
Dispositive motions must be presented for hearing as early as practical and no later than the pretrial conference.
All dispositive motions shall be presented to the court for hearing as far in advance of the pretrial conference as practical, and in no case later than the pretrial conference.
Page 47 | V. Dispositive Motions
For a brief longer than five pages, the Court may determine a briefing schedule at the parties’ request.
If a brief will be more than five (5) pages in length, a briefing schedule may be determined by the Court at the request of the parties.
Page 9 | C. Motions and other pretrial matters
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.
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.
Page 9 | C. Motions and other pretrial matters
Counsel are encouraged to schedule hearings on demurrers, special pleas, summary-judgment motions, and other dispositive motions within 60 days after filing.
All counsel of record are encouraged to bring on for hearing all demurrers, special pleas, motions for summary judgment or other dispositive motions not more than 60 days after being filed.
Page 44 | IV. Dispositive Motions
The defense and Commonwealth are encouraged to confer about availability and schedule motion-hearing dates before Term Day.
The defense and Commonwealth are encouraged to confer about availability and pre-schedule motions hearing dates before Term Day.
Page 3 | C. Motions and other pretrial matters
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.
Page 3 | C. Motions and other pretrial matters
Adjournment & Extension Requirements
A continuance of a trial date may 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.
Page 2 | Docket Control Procedures in Criminal Cases — B. Continuance Policy
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.
Page 8 | C. Motions and Briefs
A continuance may be granted only for good cause.
A continuance shall be granted only for good cause.
Page 8 | C. Motions and Briefs
A continuance of a set trial date will be granted only for good cause, and requests should be made in writing as early as possible before trial.
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.
Page 12 | Continuance Policy
A continuance will be granted only for good cause, and a motion to continue must be filed in writing and detail the reason.
Continuances will only be granted by the court for good cause shown. Motions to continue shall be filed in writing detailing the reason for the continuance.
Page 24 | X. Continuances
A trial continuance is based on a motion and reasons stated on the record, and the Court finds good cause to continue the trial.
On motion of the [ ] DEFENDANT, [ ] COMMONWEALTH, or [ ] PARTIES JOINTLY and for the reasons stated to the record, the Court finds good cause to continue the trial.
Page 26 | ORDER TO CONTINUE TRIAL
The court will grant a continuance only upon a showing of good cause.
Continuances will only be granted by the court for good cause shown.
Page 44 | IX. Continuances
The Court will grant a trial-date continuance only for good cause shown.
Continuances of the trial date will only be granted by the Court for good cause shown.
Page 46 | I. Trial Date
Continuance requests must be submitted in writing to the Clerk's office for review by the presiding judge; the same written-filing requirement applies to settlement requests.
Any requests regarding continuances or settlements must be made in written form and filed with the Clerk's office, and the presiding judge will review them.
Page 1 | Terms of Court and General Information
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.
Page 2 | Docket Control Procedures in Criminal Cases — B. Continuance Policy
A continuance does not change scheduling-order cutoff 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.
Page 8 | A. Trial Dates and Scheduling Orders
The listed circumstances, including prior lack of continuances, agreement, incomplete discovery, new counsel, and lack of preparedness, are generally insufficient grounds for a continuance; the list continues beyond this excerpt.
- 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 to the party's failure to maintain necessary contact with counsel; - 9. the failure to schedule suppression motions on a timely basis unless the Commonwealth failed to comply with a discovery order; or
Page 12 | Grounds for Continuance Generally Deemed Insufficient
A sudden non-elective 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.
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.
Page 12 | Grounds for Continuances Generally Deemed Sufficient
For a police officer or other witness who is in training or scheduled for vacation, the Court must be advised of the conflict soon after the case is scheduled and sufficiently before trial.
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.
Page 13 | B. Continuance Policy
Upon motion, the Court may waive or modify time limits and prohibitions in the Order for good cause shown.
Upon motion, the time limits and prohibitions contained in this order may be waived or modified by leave of court for good cause shown.
Page 24 | XIII. Waiver or Modification of Terms of Order
Chambers Communication Rules
Defense counsel must contact the Clerk for an interpreter as early as possible and no later than 10 business days before trial or hearing, providing the defendant’s name, court date, and language or dialect.
It is the responsibility of the defense attorney who becomes aware that his or her client or witness does not speak English or is hearing impaired to contact the Clerk to request an interpreter. The request should be made at the earliest possible opportunity, but no later than 10 business days before the trial or hearing. 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.
Page 5 | F. Interpreters
Defense counsel or a self-represented defendant must notify the Court at Term Day of a jury-trial request or the jury trial will be deemed waived.
Defense counsel or the defendant acting pro se must notify the Court at the Term Day that trial by jury is requested; otherwise, the Court will deem trial by jury is waived.
Page 6 | O. Misdemeanor and traffic appeals
Plaintiffs seeking 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.
Page 6 | General Procedures
All scheduling questions must be directed to the Court Administrator; the Clerk is not authorized to schedule or continue cases.
All scheduling questions must be directed to the Court Administrator since the Clerk does not have the Court's permission to schedule or continue cases.
Page 7
A required pretrial conference must be scheduled with the Court Administrator.
When a pretrial conference is required, it shall be scheduled with the Court Administrator no less than Thirty (30) days prior to trial.
Page 10 | G. Contested Divorce and Equitable Distribution Cases
The petitioner must contact the Court Administrator to schedule the show-cause hearing so its date and time can be included in the Order to Show Cause.
The petitioner shall contact the Court Administrator to schedule a hearing date on the show cause in order to include the date and time in the Order to Show Cause.
Page 12 | Motions to Re-instate a Case
Plaintiffs who will use private process service or service by publication should communicate that method to the clerk.
Plaintiffs who will use private process service or service by publication should communicate that method to the clerk.
Page 6 | General Procedures
Attorneys may move for referral to a judicial settlement conference; if the motion is granted, the lawyers must select a judge from the approved online list and contact that judge to schedule the hearing.
With this understanding, the attorneys may file a Motion asking the Court to refer a case to JSC. If granted, the lawyers shall select the JSC Judge they want from the approved list found online and contact the Judge who will schedule it for hearing.
Page 10 | F. Judicial Settlement Conferences
The defendant must give the Court Clerk and, if assigned supervision, the Pretrial Supervisor written notice of any change in residence or telephone number.
The defendant shall provide notice in writing of change in residence or telephone number to the Court Clerk and Pretrial Supervisor, if assigned supervision.
Page 27 | BOND ORDER
Civil cases and hearings may be scheduled through the Court Administrator by phone or email, or on term days in matured cases.
Civil cases, hearings in civil cases, set through the Court Administrator (804) 733-2423 or [email protected], or on term days in matured cases.
Page 1 | Terms of Court and General Information
Parties seeking a trial of one day or less are invited to email the Court Administrator to schedule it before Term Day.
The Court invites parties seeking a trial lasting one day or less to contact the Court Administrator at 11circuit@vacourts.gov to schedule the trial in advance of the Term Day.
Page 7
After a responsive pleading or proper papers in a District Court appeal are filed, counsel for all parties are encouraged to email the Court Administrator to preset the case for trial.
Upon the filing of a responsive pleading to a complaint or the proper papers in a case appealed from a District Court, counsel for all parties are encouraged to contact the Court Administrator, 11circuit@vacourts.gov to preset the case for trial.
Page 8 | A. Trial Dates and Scheduling Orders
Counsel of record may schedule a hearing on a written motion by contacting the Court Administrator.
Counsel of record may schedule hearings on written motions by contacting the Court Administrator.
Page 9 | C. Motions and other pretrial matters
Parties may email the Court Administrator to schedule a trial date before docket call.
You may contact the 11th Judicial Circuit Court Administrator to schedule the trial date prior to the docket call at 11circuit@vacourts.gov.
Page 42 | NOTICE OF DOCKET CALL