Petersburg Circuit Court, Virginia Document Filing Requirements

CRITICAL

Applies to

Plea agreement

A plea agreement must be written and signed by the parties before the case is called for trial.

Plea agreements must be in writing and signed by the parties prior to the calling of the case for trial.

CRITICAL

Applies to

Report

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.

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.

CRITICAL

Applies to

Sanity evaluation report

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.

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.

CRITICAL

Applies to

Verdict form

Plaintiff's counsel or an unrepresented plaintiff must prepare a verdict form.

It shall be the duty of counsel for the plaintiff or an unrepresented plaintiff to prepare a verdict form

CRITICAL

Applies to

Pretrial conference brief

The Pretrial Conference Brief and applicable worksheets and forms must be completed, exchanged by counsel, and 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.

CRITICAL

Applies to

Pretrial worksheets

The parties must submit the specified worksheets to the clerk 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.

CRITICAL

Applies to

Guardian ad litem appointment motion

A request to appoint or continue appointing a Guardian ad Litem must be filed immediately, and the motion must state the basis for appointment.

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.

CRITICAL

Applies to

Trial exhibit and witness lists

Trial exhibit and witness lists must identify the proposed evidence; unlisted evidence generally will not be admitted, subject to the stated exceptions.

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

Applies to

Motion

A motion under this Order must identify all relief sought.

The motion shall identify all relief sought pursuant to this Order.

CRITICAL

Applies to

Pretrial scheduling order

Cases scheduled for jury trial require a pre-trial scheduling order for 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.

CRITICAL

Applies to

Motion for court reporter

Must include

proposed order

The moving party must prepare a proposed order authorizing the court reporter and transcription and obtain opposing counsel’s endorsement.

The moving party must prepare a proposed order authorizing the court reporter and transcription and obtain endorsement of opposing counsel.

CRITICAL

Applies to

Pretrial scheduling order

Each jury trial must have a pre-trial scheduling order entered on the Court-provided form in the Criminal Forms section.

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.

CRITICAL

Applies to

Motion for court reporter

A party seeking a court reporter for a District Court preliminary hearing must file a written motion describing the pending charges and why testimony must be preserved.

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.

CRITICAL

Applies to

Court appointed counsel allowance submission

Court-appointed counsel must document time and expenses and submit a detailed allowance list on the prescribed form.

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.

CRITICAL

Applies to

Jury instructions

Unless the court waives compliance, counsel must exchange proposed jury instructions two business days before a civil jury trial.

Counsel of record, unless compliance is waived by the court, shall, two business days before a civil jury trial date, exchange proposed jury instructions.

CRITICAL

Applies to

Continuance order

The Commonwealth, defense counsel, and defendant must complete the form continuance order at the hearing for entry by the Court.

The Commonwealth, Defense Counsel, and defendant will complete the form continuance order at the hearing for entry by the Court.

CRITICAL

Applies to

Evaluation report and records

The evaluators must submit copies of the evaluation report and obtained records to both attorneys.

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.

CRITICAL

Applies to

Expert report

The appointed expert may not testify as a defense witness unless the expert submits a written report with all findings, conclusions, and supporting data to the Court and specified recipients at least 45 days before trial, unless the parties agree in writing to a different period and submit that 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.

CRITICAL

Applies to

Report

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.

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.

CRITICAL

Applies to

Discovery motion

Must include

certificate of conference

A discovery motion must include a certification that counsel made a good-faith effort to resolve the disputed matters with opposing counsel.

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.

CRITICAL

Applies to

Show cause motion

For a matter involving a show cause, the motion and order to show cause must be filed for the Court to consider it.

If the matter involves a show cause, then the motion and order to show cause must be filed for the court to consider.

CRITICAL

Applies to

Case schedule

The Commonwealth is to prepare and provide a detailed case schedule to the clerk's office before Term Day.

The Commonwealth will prepare and provide a detailed scheduling of cases to the clerk's office in advance of term day.

CRITICAL

Applies to

Postconviction mental state evaluation report

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.

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.

CRITICAL

Applies to

Competency evaluation report

The competency evaluation report must not include a defendant statement relating to the time period of the alleged offense.

No statement of the defendant relating to the time period of the alleged offense shall be included in the report.

CRITICAL

Applies to

Sentencing guideline worksheets and departure explanation

The sentencing guidelines worksheets and any written explanation of a departure from the guidelines must be filed as part of the case record.

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.

CRITICAL

Applies to

Expert allowances submission

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.

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.

CRITICAL

Applies to

Worksheets and forms

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.

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.

CRITICAL

Applies to

Notices and disclosures

All notices and disclosures by either party must be in writing and filed with the court clerk.

9. All notices and disclosures by either party shall be in writing and filed with the clerk of the court.

CRITICAL

Applies to

Motion to reinstate

A motion to reinstate a previously concluded chancery matter must be filed with an affidavit or sworn pleading and an order to reinstate.

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.

CRITICAL

Applies to

Proposed order

A party noticing an appeal must file a proposed transcript-preparation order identifying the dates of each hearing and trial at issue.

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.

CRITICAL

Applies to

Motion to continue

Must include

proposed order

Counsel filing a motion to continue must also file a proposed order.

Counsel filing a motion to continue must also file a proposed order to continue.

CRITICAL

Applies to

Bond appeal motion

A bond-appeal motion must include the lower-court warrant and specify the listed case, hearing, offense, and bond information.

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.

CRITICAL

Applies to

Proposed indictment amendment

Before trial, the Commonwealth must obtain a photocopy of the indictment and write any proposed amendment before the case is called.

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.

CRITICAL

Applies to

Background information

The Commonwealth's Attorney and defendant's attorney must forward appropriate background information to the evaluators as required by law.

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.

CRITICAL

Applies to

Transportation order request

Defense counsel must complete and submit a transportation-order request for an incarcerated client to the clerk immediately after the hearing or scheduling date.

Defense Counsel shall complete and submit a request for Transportation Order for incarcerated clients to the clerk immediately after the hearing or scheduling date.

CRITICAL

Applies to

Plea agreement

The Commonwealth must prepare sentencing guidelines and a guideline worksheet and submit them with the plea agreement.

The Commonwealth must prepare the sentencing guidelines and a guideline worksheet for submission with the plea agreement.

CRITICAL

Applies to

Transportation order request

Defense counsel must timely notify the Clerk and Commonwealth's Attorney of the defendant's incarceration facility and submit a transportation-order request to the Clerk.

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.

CRITICAL

Applies to

Competency evaluation 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.

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.

CRITICAL

Applies to

Report

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.

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.

CRITICAL

Applies to

Notice of appeal

A party appealing must file a notice of appeal in the form required by the Rules of the Supreme Court.

A party requesting an appeal must file a notice of appeal in the form required by the Rules of the Supreme Court.

CRITICAL

Applies to

Jury instructions

At trial commencement, counsel must give the court originals of agreed instructions and copies of contested instructions with appropriate citations.

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.

CRITICAL

Applies to

Motion to continue

Must include

proposed order

A motion to continue must include a proposed order.

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

Applies to

Parent education seminar proof

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.

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.

CRITICAL

Applies to

Motion

Motions to suppress, compel discovery, joinder, sever, appoint experts, and lengthy in limine must be filed in writing.

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

Applies to

Motion for bond pending appeal

A motion for bond pending appeal must be written and scheduled for a hearing separate from the sentencing hearing.

Motions for bond pending appeal must be filed in writing and scheduled for a hearing date separate from the sentencing hearing.

CRITICAL

Applies to

Objection to exhibits or witnesses

Objections to exhibits or witnesses must state their legal grounds except when based on relevancy, and must be filed and delivered to opposing counsel at least five days before trial or they 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.

CRITICAL

Applies to

Court appointed expert report

The court-appointed expert must prepare and submit a written report of findings and conclusions to the Court, the Attorney General, and defense counsel.

The court appointed expert shall prepare and submit a written report detailing all findings and conclusions to the Court, Attorney General and defense counsel.

CRITICAL

Applies to

Transportation order request

The Commonwealth must notify the Clerk and prepare a transportation-order request for any incarcerated prosecution witness.

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.

WARNING

Applies to

Court form order

The parties should prepare the Court’s form orders for the listed matters before calling the case for presentation and entry.

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.

WARNING

Applies to

Plea agreement

If the parties reach an agreement, the Court expects them to present the written agreement and sentencing guidelines on a criminal bench-trial docket before the scheduled jury trial.

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.