Petersburg Circuit Court, Virginia Adjournment & Extension Requirements

CRITICAL

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.

CRITICAL

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.

CRITICAL

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.

CRITICAL

A continuance may be granted only for good cause.

A continuance shall be granted only for good cause.

CRITICAL

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.

CRITICAL

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.

CRITICAL

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.

CRITICAL

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.

CRITICAL

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.

WARNING

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

WARNING

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.

WARNING

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.

WARNING

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.

WARNING

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.

WARNING

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.